HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-095 Temp Reso #13501
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September 3, 2020
• CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020- c ' 5
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO AWARD
BID #20-21 B, "FURNISH, DELIVER AND
DISCHARGE OF QUICKLIME" TO, AND EXECUTE
AGREEMENTS WITH, LHOIST NORTH AMERICA
OF ALABAMA, LLC FOR THE CITY OF TAMARAC
AND AN ADDITIONAL TWENTY-THREE MEMBERS
OF THE SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE (CO-OP); AND WITH
CARMEUSE LIME AND STONE ON BEHALF OF
ONE CO-OP MEMBER, THE CITY OF
HOLLYWOOD, FOR A PERIOD OF THREE (3)
YEARS WITH THREE (3) ADDITIONAL ONE-YEAR
RENEWAL OPTIONS, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
•
WHEREAS, the City of Tamarac served as "lead agency" on Bid 20-21 B,
"Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast
Florida Governmental Purchasing Cooperative (Co-op); and
WHEREAS, Twenty-one governmental agencies, including the City of
Tamarac will utilize this bid to purchase approximately 65,170 tons annually, of
quicklime for the Co-op, of which approximately 1,500 tons will be purchased for
the City of Tamarac, a copy of said bid is on file with the City Clerk; and
WHEREAS, the City of Tamarac publicly advertised Bid 20-21B, "Furnish,
Deliver and Discharge of Quicklime" on the City's web-site and in the Sun-
Sentinel on August 16, 2020; and
•
Temp Reso #13501
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September 3, 2020
WHEREAS, three (3) vendors downloaded the bid from the City's web- •
site; and two (2) complete bids were opened and reviewed to determine cost and
responsiveness to the City's specifications; and
WHEREAS, Lhoist North America of Alabama, LLC submitted the lowest
delivered bid price per ton for the City, and prices as shown on the bid tabulation
for other members of the Co-Op, a copy of the bid tabulation is attached hereto
as Exhibit "1"; and
WHEREAS, Lhoist North America of Alabama, LLC was deemed the
lowest responsive and responsible bidder for the City of Tamarac, and for
twenty-three (23) members of the Co-op, with a copy of the bid submitted on file
with the City Clerk; and
WHEREAS, Carmeuse Lime and Stone was deemed the lowest •
responsive and responsible bidder for high calcium granular quicklime for the
City of Hollywood, a member of the Co-op, with a copy of the bid submitted on
file with the City Clerk; and
WHEREAS, the City of Tamarac, acting as lead agency for the Co-op acts
on behalf of the Co-op when awarding contracts for quicklime; and
WHEREAS, pursuant to Section 5 of the executed Agreements, Lhoist
North America of Alabama, LLC, and Carmeuse Lime & Stone, Inc. may seek a
price adjustment on a quarterly basis based on actual costs or in accordance
with one or more recognized indices; and
WHEREAS, current dynamic economic conditions dictate that the best
interests of the City and the Co-op will be met by the utilization of an ongoing •
Temp Reso #13501
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September 3, 2020
• quarterly material price adjustment formula, which allows for escalation and de-
escalation of material pricing on a quarterly basis, effective October 1st, January
1st, April 1st and July 1st of each year; and
WHEREAS, sufficient funds are available from the Public Services
Department Operating funds; and
WHEREAS, it is the recommendation of the Director of Public Services
and the Purchasing and Contracts Manager that Bid 20-21B be awarded to and
an agreement executed with Lhoist North America of Alabama, LLC for
furnishing, delivering and discharging quicklime, for a period of three years with
three (3) additional one (1) year renewal options for the City of Tamarac, and on
behalf of twenty (20) other agencies in the Co-op; and
WHEREAS, it is the recommendation of the Director of Public Services
and the Purchasing and Contracts Manager that Bid 20-21B be awarded to and
an agreement executed with Carmeuse Lime and Stone for furnishing, delivering
and discharging high calcium granular quicklime, for a period of three (3) years
with three (3) additional one (1) year renewal options for the City of Hollywood,
an agency in the Co-op; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the residents of the City of Tamarac to award Bid 20-
21B and execute an agreement with Lhoist North America of Alabama, LLC for
furnishing, delivering and discharging quicklime, for a period of three (3) years
with three (3) additional one (1) year renewal options, on behalf of the City of
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Temp Reso #13501
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September 3, 2020
Tamarac and on behalf of an additional Twenty (20) agencies in the Southeast •
Florida Governmental Purchasing Cooperative, and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the residents of the City of Tamarac to award Bid 20-
21B and execute an agreement with Carmeuse Lime and Stone for furnishing,
delivering and discharging high calcium granular quicklime, for a period of three
(3) years with three (3) additional one (1) year renewal options, for the City of
Hollywood, an agency in the Co-op.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
•
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY
ratified and confirmed as being true and correct and are hereby made a specific
part of this Resolution upon adoption hereof and all exhibits referenced and
attached hereto are incorporated herein and made a specific part of this
resolution.
SECTION 2: The award of Bid 20-21B, "Furnish, Deliver and
Discharge of Quicklime", to Lhoist North America of Alabama, LLC, on behalf of
the City of Tamarac and twenty-three (23) agencies in the Southeast Florida
Governmental Purchasing Cooperative, is HEREBY AUTHORIZED.
SECTION 3: The appropriate City officials are hereby authorized to
execute an agreement with Lhoist North America of Alabama, LLC as part of said
Temp Reso #13501
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September 3, 2020
• award, a copy of which is attached hereto as Exhibit "2" for prices as shown in
Exhibit "1" on behalf of the City of Tamarac and twenty-three (23) entities within
the Southeast Florida Governmental Purchasing Cooperative.
SECTION 4: The award of Bid 20-212B, "Furnish, Deliver and
Discharge of Quicklime", to Carmeuse Lime and Stone, for the provision of high
calcium granular lime for the City of Hollywood, an agency in the Co-op, is
HEREBY AUTHORIZED.
SECTION 5: The appropriate City officials are hereby authorized to
execute an agreement with Carmeuse Lime and Stone as part of said award for
high calcium quicklime, a copy of which is attached hereto as Exhibit "3" for
prices as shown in Exhibit "1" on behalf of the City of Hollywood, an agency in
1111 the Co-op.
SECTION 6: The City Manager, or his designee, is hereby
authorized to approve and execute any subsequent renewal options to this
Agreement, and to initiate Change Orders in amounts not to exceed $65,000 per
Section 6-147 of the City Code.
SECTION 7: All resolutions or parts of resolutions in conflict
herewith are HEREBY repealed to the extent of such conflict.
SECTION 8: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
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Temp Reso #13501
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September 3, 2020
SECTION 9: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this,l3 day of41.A--/ 4../ 2020.
/ iJ4
„.„
MICH LLE J. GOME-�
MAYOR
ATTEST:
/4.‘"‘
JENNIFER JOH. ON, CMC
CITY CLERK
I HEREBY CERTIFY that I •
Have approved this
RESOLUTION as to form.
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V/M BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
)Otetti,
SAMUEL S. GO E
CITY ATTORN
s
TAMARAC
City of Tarrr,,f,rc The City For Your Life Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
LHOIST NORTH AMERICA OF ALABAMA, LLC
THIS AGREEMENT is made and entered into this \--- day of c htr, 201P by and between
the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave.,
Tamarac, FL 33321 (the"CITY") and Lhoist North America of Alabama, LLC an Alabama Limited Liability
corporation duly registered as a Florida Foreign Limited Liability corporation with principal offices located
at 5600 Clearfork Main Street, Suite 300, Fort Worth, Texas 76109 (the "Contractor") to Furnish, Deliver
and Discharge of Quicklime for the City of Tamarac and participating member of the Southeast Florida
Governmental Purchasing Cooperative.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. The Contract Documents
The contract documents consist of this Agreement, Bid Document No. 20-21 B, "Furnish, Deliver
and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's
bid/proposal included herein, and all modifications issued after execution of this Agreement; and
Attachment A, which is a schedule of delivered pricing for individual delivery locations. These contract
documents form the Agreement, and all are as fully a part of the Agreement as if attached to this
Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 20-21 B,
"Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid
Document No. 20-21 B, as issued by the City shall take precedence over the Contractor's Proposal.
Furthermore, in the event of a conflict between this document and any other contract documents, this
Agreement shall prevail.
2. The Work
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish,
Deliver and Discharge Quicklime in accordance with the Technical
Specifications, terms and conditions contained in Bid Document 20-21B,
"Furnish, Deliver and Discharge Quicklime".
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall at
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.3 Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
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City of Tamarac The City For Your Life Purchasing and Contracts Division
2.1.4 Contractor shall be required to provide a copy of the "Contractor Pass Request
Form" (See attached Appendix A to Bid Document No. 20-21B), with photo
identification of all personnel authorized to be on premises at City delivery sites.
2.1.5 Personnel additions and/or deletions shall be reported to the City's designated
representative in writing, via fax to a number to be provided by the using agency,
within twenty four (24) hours of the personnel change, by modification of the
names submitted on the original Contractor Pass Request Form.
2.1.6 All personnel shall check-in with the Security Guard or Operator on duty
immediately upon arrival at any delivery location. Photo identification, purpose of
visit, and name of City staff contact, shall be required for entry.
2.1.7 Contractor shall ensure that only authorized Contractor employees and/or
authorized City personnel shall have access to Contractor/City vehicles, work
site, equipment, work products, reports, electronic data and any/all other
information pertaining to the City. Contractor shall not admit any unauthorized
personnel onto any work site. Contractor will not release, discuss or share any
information on systems, equipment and/or operations, to any non-City personnel.
2.1.8 Upon leaving premises, all personnel shall be required to check out with the
Security Guard or Operator on duty.
3. Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and
amount as specified in the original bid document or as required by the City's Risk and
Safety Manager before beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, Builder's Risk and all other
insurance as required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the life of this
Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of
all insurances required under this section prior to beginning any work under this
Agreement. The Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
Insurance policies shall be endorsed to add the City as an additional insured; and shall
list the City as the Certificate Holder. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor's Liability Insurance policies.
Insurance limits are outlined below:
o General Liability-$1M per occ./$2M aggregate
o Automobile—$1 M per occ./$1 M aggregate
o Workers Comp—Statutory
3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2
of this Agreement to any other organization in the Southeast Florida Governmental
Purchasing Cooperative, and shall provide those agencies with their own Certificate of
Insurance to validate coverage for their entity.
4. Term
The term of this Agreement shall be for an initial three (3) year period, beginning November 1,
2020 through October 31, 2023. The City reserves the right to renew this Agreement for three (3)
additional one (1) years periods subject to the Contractor's acceptance, satisfactory performance, and
determination that renewal will be in the best interest of the City.
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City of Tamarac The City For Your Life Purchasing and Contracts Division
5. Contract Sum
The Contract Sum for the above work for entities listed in Attachment A (UNIT PRICING
PROVIDED IN BID) herein, shall be based on delivered cost per ton. The Contract sum includes all
labor, materials and freight charges for the job also known as Bid No. 20-21 B, "Furnish, Deliver, and
Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in
Attachment A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel
surcharges shall remain firm through the term of the contract, Pricing shown in Attachment A, shall be
firm for the initial contract period from November 1, 2020 through December 31, 2020, Pricing changes
will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De-
escalation" shown herein beginning on January 1, 2021.
5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all
labor, materials and freight charges pricing shall be firm for the initial contract period
from November 1, 2020 through December 31, 2020. Pricing changes will thereafter be
allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De-
escalation" shown herein beginning on January 1, 2021.
5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel
surcharges during the term of the contract.
5.2.2 Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts,
invoices or published rates of the contractor's rail carrier. Contractor shall provide
documentation regarding the rail carrier's pricing as a part of the request for an
adjustment to the rail surcharge. No surcharge will be applied on top of another
one. The Bidder should provide a rail fuel surcharge schedule as part of their bid
submittal in the area provided in Attachment B herein.
5.2.3 Trucking Surcharge -The truck fuel surcharge rate will be based on the Trucking
Fuel Surcharge Scale contained in Attachment B herein, which shall be
determined by referencing the Retail On-Highway Diesel Price — U.S. Average,
as published by the U.S. Department of Energy, Energy Information
Administration (DOE)for the third Monday of the final month of each quarter. The
truck fuel surcharge will be applied to the base contract price per ton of quicklime
transported effective with the start of the next quarter. No surcharge will be
applied on top of another one. The Contractor shall utilize the trucking fuel
surcharge scale included in Attachment B as a basis for adjustment, and
surcharge adjustments will be based on that scale. The DOE Retail On-
Highway Diesel Price — US Average index may be found at:
http://tonto.eia.doe.gov/oog/info/wohdp/diesel detail report combined.asp
5.3 Escalation/De-escalation:
5.3.1 The City will accept price adjustments on a quarterly basis on January 1st, April
1st, July 1st and October 1st of each year. The Contractor must submit sufficient
documentation to be given consideration for a price increase; and must pass-on
a price decrease when the Contractor's costs are reduced. Approved
documentation includes, but is not limited to published U.S. Department of
Energy (DOE) reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor
Statistics (BLS) reports on Producer Price Index (PPI) for all commodities, U.S.
Energy Information Administration WTI publications on spot crude oil prices, BLS
Electric Power Generation, Transmission and Distribution Index, BLS Crushed
and Broken Limestone Index, BLS mining Machinery and Equipment Index; and
copies of vendor monthly internal cost reports and/or actual invoices.
5.3.2 Rail and Truck freight charges and changes for transfer costs require written
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i'y v f T ,a The City For Your Life Purchasing and Contracts Division
verification from vendor's freight and transfer subcontractors, provided to the
Purchasing & Contracts Division prior to initial contract term expiration of the
Agreement. All Rail and Truck fuel surcharges will be applied initially on
November 1, 2020, subject to change in accordance with the schedule provided
in Attachment B herein.
5.3.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel
surcharges monthly. The Contractor will apply fuel surcharges for each quarter
based on the amount of the rail and truck fuel surcharges in effect for the month
preceding the quarterly price change as calculated in accordance with Section
5.2 of this Agreement, utilizing Attachment B to this Agreement.
5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass-through of costs,
and no changes to the Contractor's profit margin shall be permitted. The City
and the Contractor may also utilize recognized government/industry indices or
combination of indices to be mutually agreed upon by the City and Contractor,
when determining price increases. The City reserves the right to allow the
Contractor to utilize alternative indices for price adjustment justification; however,
the Contractor will only be allowed to change these indices at the time of any
potential contract renewal, unless the index or indices cease publication, in which
case the Contractor will be allowed to make changes to for any discontinued
index during the contract period. The City reserves final judgement in the
determination of the acceptance of specific indices to be utilized for the
justification of price adjustments.
6 Payments
A monthly payment will be made for work that is completed, accepted and properly invoiced. The
City shall pay the Contractor for work performed subject to the specifications of Bid 20-21 B. All payments
shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218.
7 Conditions of Material
All materials and products supplied by the Contractor in conjunction with this agreement shall
conform to the specifications of the original bid#20-21 B. The City reserves the right to return the product to
the Contractor and require the delivery of new product at no cost to the City.
8 Indemnification
8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys' fees) in connection with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or independent
Contractors, excepting only such loss of life, bodily or personal injury, or property
damage solely attributable to the negligence or willful misconduct of the City or its elected
or appointed officials and employees. The above provisions shall survive the termination
of this Agreement and shall pertain to any occurrence during the term of this Agreement,
even though the claim may be made after the termination hereof.
8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or
in the event of termination of this Agreement for any reason, the terms and conditions of
this Article shall survive indefinitely.
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City of Tamarac The City For Your Life Purchasing and Contracts Division
i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but
not limited to, reasonable attorneys fees (including appellate attorney's fees) and
costs.
ii. City reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the
responsibility of Contractor under the indemnification agreement.
8.3 The City and Contractor recognize that various provisions of this Agreement, including but
not limited to this Section, provide for indemnification by the Contractor and requires a
specific consideration be given there for. The Parties therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific
consideration for such indemnities, and the providing of such indemnities is deemed to be
part of the specifications with respect to the services to be provided by Contractor.
Furthermore, the City and Contractor understand and agree that the covenants and
representations relating to this indemnification provision shall serve the term of this
Agreement and continue in full force and effect as to the City's and the Contractor's
responsibility to indemnify.
8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to
time.
9 Non-Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color, sex including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, genetic information or disability if qualified. The Contractor
will take affirmative action to ensure that employees and those of its subcontractors are treated during
employment, without regard to their race, color, sex including pregnancy, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, gender identity or expression, genetic
information, or disability if qualified. Such actions must include, but not be limited to, the following:
employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees
and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all
subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause.
10 Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties. It is the
intent of the Parties that the Contractor is an independent contractor under this Agreement and not the
City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards
Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act,
the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and
responsibilities hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City,
State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for
herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had
full opportunity to find other business, that it has made its own investment in its business, and that it will
utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as
creating any joint employment relationship between the Contractor and the City and the City will not be
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City of Tamarac The City For Your Life Purchasing and Contracts Division
liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums.
11 Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement without the
prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the
prior written consent of the city.
12 Notice
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express
Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody& Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Lhoist North America of Alabama, LLC
5600 Clearfork Main Street, Suite 300
Fort Worth, TX 76109
Attn: Ron Thompson, CEO
13 Termination
13.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the terminating party to the other
party for such termination in which event the Contractor shall be paid its compensation
for services performed to termination date, including services reasonably related to
termination. In the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to this termination.
13.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the material terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty (30)days after receipt by Contractor of written notice of such neglect or failure.
14 Uncontrollable Forces
14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces,the effect of which,
by the exercise of reasonable diligence, the non-performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the nonperforming party. It includes, but is not limited to fire, flood,
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City;'Lf i ani r,A; The City For Your Life Purchasing and Contracts Division
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
14.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time
of being prevented or delayed from performance by an uncontrollable force, give written
notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
15 Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures provided for
in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual
budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding.
16 Warranties
Contractor warrants that the materials sold hereunder shall conform to the specifications set forth
herein and shall be free and clear of all liens and other encumbrances. CONTRACTOR MAKES NO
FURTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY INTENDED USE OR
PURPOSE.
17 Limitation of Liability
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, OR
DEFAULT IN THE PERFORMANCE HEREOF, WHETHER BASED UPON CONTRACT, TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL THEORY.
CONTRACTOR'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO REPLACEMENT OF NON-
CONFORMING MATERIAL OR REIMBURSEMENT OF THE PURCHASE PRICE FOR SUCH NON-
CONFORMING MATERIAL.
18 Venue
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
19 Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing that the
signatory for Contractor has the authority to enter into this Agreement.
20 Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to
such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
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TAi-�iRAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
21 Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This Agreement can be
supplemented and/or amended only by a written document executed by both the Contractor and the City.
22 No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the drafting of this
Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement
concerning its construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or
disputes connected with, arising out of, or involving this Agreement.
23 Scrutinized Companies --287.135 AND 215.473
23.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a
boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the
provision of goods or services with any scrutinized company referred to above.
23.2 Submitting a false certification shall be deemed a material breach of contract.The City shall
provide notice, in writing, to Contractor of the City's determination concerning the false
certification. Contractor shall have five (5) days from receipt of notice to refute the false
certification allegation. If such false certification is discovered during the active contract
term, Contractor shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If
Contractor does not demonstrate that the City's determination of false certification was
made in error then the City shall have the right to terminate the contract and seek civil
remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
24 Public Records
24.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
24.1.1 Keep and maintain public records required by the City in order to perform the
service;
24.1.2 Upon request from the City's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
24.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the City.
24.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records
in possession of the Contractor, or keep and maintain public records required by
8
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
the City to perform the service. If the Contractor transfers all public records to
the City upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City's custodian of public records
in a format that is compatible with the information technology systems of the City.
24.2 During the term of the contract, the Contractor shall maintain all books, reports and
records in accordance with generally accepted accounting practices and standards for
records directly related to this contract.The form of all records and reports shall be subject
to the approval of the City's Auditor. The Contractor agrees to make available to the City's
Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all
books of account, reports and records relating to this contract.
25 Public Records Custodian
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
Remainder of Page Intentionally Blank
9
TAMLARAC...
City of Tamarac The City For Your Life Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager,
and CONTRACTOR, signing by and through its CEO duly authorized to execute same.
CITY OF TAMARAC
i%&
Michole J. Gomez, Mayor
Date
ATTEST: Michael C. Cernech, City anage
Je ifer%John , CMC Date
Clerk
" c / 5:-6� Approved s to form and I al sufficiency:
Dat� ,
P"ppli,
City A orney ��(1/1-3/7-C
Date
ATTEST: LHOIST NORTH AMERICA OF ALABAMA, LLC
Company Name
�
KPAv4 , i V/!-Y7tifr
Signature of Corporate Secretary Signature of CEO
Ih t• eifj‘ditc. Ron Thompson
Type/Print Name of Corporate Secy. CEO
Y p Y
S ,111^A. ', Z020
(CORPORATE SEAL) Date%
10
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF To.N.1SO
: SS
COUNTY OF \Q r(
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared Ron Thompson, CEO of Lhoist North America
of Alabama, LLC an Alabama Limited Liability Corporation duly registered as Florida Foreign Limited Liability
Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of 1 0 '�,D.
6ZiVia
Signature of Notary Public
State of-Floritta at Large
-+ \W.``-3
0'1 RACHEL GALVAN ) Print, Type or Stamp
-*: i4� :•1 My Notary ID#128343345 Name of Notary Public
,yeko Expires July 30,2022
Personally known to me or
Produced Identification
•
Type of I.D. Produced
DID take an oath, or
❑ DID NOT take an oath.
41
TAMARAC
City of Tamarac The City For Your Life
ATTACHMENT A PARTICIPATING AGENCIES & UNIT PRICING PROVIDED IN BID
Below is a list of the agencies participating in this bid and their respective delivery locations:
AGENCY DELIVERY ADDRESS CITY/STATE/ZIP CONTACT PHONE/E-MAIL
City of Boynton Beach 124 E.Woolbright Rd. Boynton Beach 33435 David Roland 561/742-6434
RolandD(a�bbfl.us
Broward County Dist. 1A 3701 N State Road 7 Lauderdale Lakes 33319 Pedro Berrios 954/831-4115/954/553-0653
Cell
PBerrios c(ilbroward.org
Broward County Dist.2A 1390 NE 50th St. Deerfield Beach 33064 Jose Otero 954/831-4127/954/234-1034
Cell JOtero(cD.broward.orq
City of Coral Springs 3800 NW 85th Avenue Coral Springs 33065 Alvan Jones 954/345-2162
aiones(a�coralsprings.org
City of Dania Beach 1201 Stirling Road Dania Beach 33004 Nate Costa 954/924-6808 x3616
ncosta(a)daniabeachfl,qov
City of Delray Beach 201 SW 7`h St. Delray Beach 33444 Bryan Heller 561/531-0817
HellerBmvdelravbeach.com
Town of Davie 3500 NW 76`h Avenue Hollywood,FL 33024 Raul Sotelo 954/327-3748
Raul sotelodavie-fl.qov
City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach 33442 Joshua Niemann 954/480-4373
Jniemann(a Deerfield-
Beach.com
City of Fort Lauderdale 949 NW 38`h Street Oakland Park,33309 Cesar Alza 954/828-7865
calzaafortlauderdale.gov
City of Hallandale Beach 630 NW 2"d Street Hallandale 33009 John Fawcett 954/457-1632
jfawcett(a.cohb.orq
City of Hollywood 3441 Hollywood Blvd. Hollywood 33021 Luis Montoya 954/967-4230
Imontoyaphol Ivwoodfl.orq
City of Hollywood 1621 N. 14'h Avenue Hollywood 33022 Coy Mathis Joel 954/921-3288
Blanco cmathis a{�hollvwoodfl.orq
jblanco(c�hollvwoodfl.orq
City of Lake Worth Beach 301 College Street Lake Worth Beach,33460 Tim Sloan 561/586-1636
TSloana,LakeWorthBeachFL.
Gov
City of Lauderhill 2101 NW 49th Avenue Lauderhill 33313 Lurleen Evans 954/730-2972/954-730-4225
Levansalauderhill.fl.gov
City of Margate 980 NW 66 Ave. Margate 33063 Richard Uber 954/972-0828
ruber(a�margatefl.com
City of North Lauderdale 841 NW 715'Avenue North Lauderdale 33068 Neil Buckeridge 954/597-4757
N Buckeridge(a)N Lauderdale.o
r9
City of North Miami 12098 NW 11 Ave. North Miami 33168 Pavel Vida 305/953-2854
PVida@northmiamiFL.gov_
City of North Miami Beach 19150 NW 8`h Avenue Miami Gardens 33169 Moises Sierra / Carlos 787/406-9628 305/650-0000
Carrazana Moises.sierraortizaiacobs.co
m
Carlos.carrazana(a.Citvnmb.c
om
Village of Palm Springs 360 Davis Road Palm Springs 33461 Dave Burgin 561/635-4282
dburgin a(..vpsfl.orq
Village of Palm Springs 5618 Basil Drive West Palm Beach 33415 Dave Burgin 561/635-4282
dburgin(a�vpsfl.orq
City of Pembroke Pines 7960 Johnson Street Pembroke Pines 33024 Michael Cepeda 786/644-8762
michael.cepedajacobs.com
42
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
AGENCY DELIVERY ADDRESS CITY/STATE/ZIP CONTACT PHONE/E-MAIL
City of Pompano Beach 301 NE 12th Street Pompano Beach 33060 Phil Hyer 954/545-7030
Phil.hverf@copbfl.com
City of Riviera Beach 800 W.Blue Heron Blvd. Riviera Beach 33404 David Danford 561/723-9973
ddanford@rivierabeach.orq
City of Sunrise 4350 Springtree Drive Sunrise 33351 Roal Small 954/572-2424
rsmall@sunrisefl.gov
City of Sunrise 15450 Sludgemill Road Davie 33331 Hugo Alagic 954/434-6900
halagic(a sunrisefl.gov
City of Tamarac 7803 NW 61st Street Tamarac 33321 Anthony Licata 954/597-3777
anthonv.l icata(o�tamarac.orq
—
Village of Wellington 1100 Wellington Trace Wellington 33414 Karla Berroteran- 561/753-2465
Castellon kberroteran(a�wellingtonfl.gov
City of West Palm Beach 1009 Banyan Blvd. West Palm Beach 33401 Sandra Feliciano 561/822-2290
sfe l ici an o(a�wpb.orq
Remainder of Page Intentionally Blank
43
TAMARAC
COf The City For Your Lite
UNIT PRICING PROVIDED IN BID AS OF AUGUST 31, 2020 FOR AWARDED AGENCIES
AGENCY DELIVERY ADDRESS ANNUAL PRICE FREIGHT TOTAL
USAGE PER TON CHARGE COST
DELIVERED
Type 1 -Pebble Lime
Broward County Dist. 1 3701 N State Road 7 2500 $202.00 $82.80 $284.80
Broward County Dist. 2 1390 NE 51 St. 4500 $202.00 $82.80 $284.80
City of Coral Springs (1) 3800 NW 85th Avenue, Coral Springs _ 1352 $202.00 $82.80 $284.80
Town of Davie 3500 NW 76th Avenue, Hollywood 1000 _ $202.00 $82.80 $284.80
City of Dania Beach 1201 Stirling Road, Dania Beach 350 $202.00 $82.80 $284.80
City of Deerfield Beach 290 Goolsby Blvd. -West Plant, Deerfield 1415 $202.00 $82.80 $284.80
Beach
City of Fort Lauderdale 949 NW 38th St., Ft. Lauderdale 11500 $202.00 $82.80 $284.80
(2)
City of Hallandale Beach 630 NW 6th Avenue, Hallandale Beach 900 $202.00 $82.80 $284.80
(3)
City of Lake Worth 301 College St., Lake Worth Beach 525 $202.00 $82.80 $284.80
Beach
City of Lauderhill 2101 NW 49th Avenue, Lauderhill 1825 $202.00 $82.80 $284.80
City of North Lauderdale 841 NW 71st Avenue, North Lauderdale _ 650 $202.00 $82.80 $284.80
City of North Miami 12098 NW 11th Ave, North Miami 1150 $202.00 $82.80 $284.80
Village of Palm Springs 360 David Road, Palm Springs 600 $202.00 $82.80 $284.80
Village of Palm Springs 5618 Basil Drive, West Palm Beach 600 $202.00 $82.80 $284.80
City of Pompano Beach 301 NE 12th Street, Pompano Beach 2200 $202.00 $82.80 $284.80
City of Riviera Beach 800 W. Blue Heron Blvd., Riviera Beach 588 $202.00 $82.80 $284.80
City of Sunrise 4350 Springtree Drive, Sunrise 2400 $202.00 $82.80 $284.80
City of Sunrise 15400 Sludge Mill Road, Davie 600 $202.00 $82.80 $284.80
Village of Wellington 1100 Wellington Trace, Wellington 1330 $202.00 $82.80 $284.80
TYPE 1A-Foundry/ Rice Lime
City of Boynton Beach 124 E. Woolbright Rd., Boynton Beach 1685 $202.00 $82.80 _ $284.80
City of Delray Beach 201 SW 7th St., Delray Beach 3650 $202.00 $82.80 $284.80
City of Hollywood 3441 Hollywood Blvd., Hollywood 2400 $202.00 $82.80 $284.80
City of Margate 980 NW 66th Ave, Margate 2000 $202.00 $82.80 $284.80
City of North Miami 19150 NW 8th Ave, Miami Gardens 3000 $202.00 $82.80 $284.80
Beach _
City of Pembroke Pines 7960 Johnson Street, Pembroke Pines 4200 $202.00 _ $82.80 $284.80
City of Tamarac 7803 NW 61st Street, Tamarac 1500 $202.00 $82.80 , $284.80
City of West Palm Beach 1009 Banyan Blvd., West Palm Beach _ 5200 $202.00 _ $82.80 $284.80
Approximate Total Annual Tonnage 59,620
Delivery Location Special Conditions:
(1) Coral Springs-Must deliver between 8:00AM and 4:00PM Monday to Friday ONLY.
(2) Fort Lauderdale-Must deliver between 7:00AM and 3:00 Daily.
(3) Hallandale Beach - Delivery to be made by a tanker truck @ 25 Tons/shipment. Lime to be
pneumatically transferred from truck to silo. Delivery must be within 3 days of order.
44
TAMARAC
„,
The City For Your Life
City of 1 a,'r
ur
ATTACHMENT B
TRUCK FUEL SURCHARGE SCALE
Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's
distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly.
• The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of
Energy's DOE Retail On-Highway Diesel Price-US Average index published on the 3rd Monday of
the last month of the quarter. DOE Diesel Prices may be found at the following website:
https://www.eia.qov/petroleum/gasdiesel/
• Percentages change .5% for every $0.05 per gallon price change
DIESEL FUEL PRICE FS = % OF DIESEL FUEL PRICE FS = %OF
NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE
$1.75 0.00% $3.00 13.00%
$1.80 1.00% $3.05 13.50%
$1.85 1.50% $3.10 14.00%
$1.90 2.00% $3.15 14.50%
$1.95 2.50% $3.20 15.00%
$2.00 3.00% $3.25 15.50%
$2.05 3.50% $3.30 16.00%
$2.10 4.00% $3.35 16.50%
$2.15 4.50% $3.40 17.00%
$2.20 5.00% $3.45 17.50%
$2.25 5.50% $3.50 18.00%
$2.30 6.00% $3.55 18.50%
$2.35 6.50% $3.60 19.00%
$2.40 7.00% $3.65 19.50%
$2.45 7.50% $3.70 20.00%
$2.50 8.00% $3.75 20.50%
$2.55 8.50% $3.80 21.00%
$2.60 9.00% $3.85 21.50%
$2.65 9.50% $3.90 22.00%
$2.70 10.00% $3.95 22.50%
$2.75 10.50% $4.00 23.00%
$2.80 11.00% $4.05 23.50%
$2.85 11.50% $4.10 24.00%
$2.90 12.00% $4.15 24.50%
$2.95 12.50% $4.20 25.00%
45
TAMARAC
Cityof Tamarac The City For Your Life
Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
CARMEUSE LIME& STONE INC.
THIS AGREEMENT is made and entered into this day of , 2002o by and between
the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave.,
Tamarac, FL 33321 (the "CITY") and Carmeuse Lime and Stone Inc., a Delaware corporation, duly
registered as a Florida Foreign corporation with principal offices located at 11 Stanwix Street, 21st Floor,
Pittsburgh, PA 15222 (the "Contractor") to Furnish, Deliver and Discharge of Quicklime for the City of
Hollywood, Florida through the Southeast Florida Governmental Purchasing Cooperative.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. The Contract Documents
The contract documents consist of this Agreement, Bid Document No. 20-21 B, "Furnish, Deliver
and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's
bid/proposal included herein, and all modifications issued after execution of this Agreement; and
Attachment A, which is a schedule of delivered pricing for individual delivery locations. These contract
documents form the Agreement, and all are as fully a part of the Agreement as if attached to this
Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 20-21 B,
"Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid
Document No. 20-21B, as issued by the City shall take precedence over the Contractor's Proposal.
Furthermore, in the event of a conflict between this document and any other contract documents, this
Agreement shall prevail.
2. The Work
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish,
Deliver and Discharge Quicklime in accordance with the Technical
Specifications, terms and conditions contained in Bid Document 20-21B,
"Furnish, Deliver and Discharge Quicklime".
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall, at
all times, have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.3 Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
2.1.4 Contractor shall be required to provide a copy of the "Contractor Pass Request
1
TAMARAC
City of Tamarac The City For Your Life
Purchasing and Contracts Division
Form" (See attached Appendix A to Bid Document No. 20-21B), with photo
identification of all personnel authorized to be on premises at City delivery sites.
2.1.5 Personnel additions and/or deletions shall be reported to the City's designated
representative in writing, via fax to a number to be provided by the using agency,
within twenty four (24) hours of the personnel change, by modification of the
names submitted on the original Contractor Pass Request Form.
2.1.6 All personnel shall check-in with the Security Guard or Operator on duty
immediately upon arrival at any delivery location. Photo identification, purpose of
visit, and name of City staff contact, shall be required for entry.
2.1.7 Contractor shall ensure that only authorized Contractor employees and/or
authorized City personnel shall have access to Contractor/City vehicles, work
site, equipment, work products, reports, electronic data and any/all other
information pertaining to the City. Contractor shall not admit any unauthorized
personnel onto any work site. Contractor will not release, discuss or share any
information on systems, equipment and/or operations, to any non-City personnel.
2.1.8 Upon leaving premises, all personnel shall be required to check out with the
Security Guard or Operator on duty.
3. Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and
amount as specified in the original bid document or as required by the City's Risk and
Safety Manager before beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, Builder's Risk and all other
insurance as required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the life of this
Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of
all insurances required under this section prior to beginning any work under this
Agreement. The Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
Insurance policies shall be endorsed to add the City as an additional insured, and shall
list the City as the Certificate Holder. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor's Liability Insurance policies.
Insurance limits are outlined below:
o General Liability-$1 M per occ./$2M aggregate
o Automobile—$1 M per occ./$1 M aggregate
o Workers Comp—Statutory
3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2
of this Agreement to any other organization in the Southeast Florida Governmental
Purchasing Cooperative, and shall provide those agencies with their own Certificate of
Insurance to validate coverage for their entity.
4. Term
The term of this Agreement shall be for an initial three (3) year period, beginning November 1,
2020 through October 31, 2023. The City reserves the right to renew this Agreement for three (3)
additional one (1) year periods subject to the Contractor's acceptance, satisfactory performance and
determination that renewal will be in the best interest of the City.
2
TAMARAC
Cityof Tamarac The City For Your Life
Purchasing and Contracts Division
5. Contract Sum
The Contract Sum for the above work for entities listed in Attachment A (UNIT PRICING
PROVIDED IN BID) herein shall be based on delivered cost per ton. The Contract sum includes all labor,
materials and freight charges for the job also known as Bid No. 20-21B, "Furnish, Deliver, and Discharge
Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Attachment A.
All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall
remain firm through the term of the contract, Pricing shown in Attachment A, shall be firm for the initial
contract period from November 1, 2020 through December 31, 2020. Pricing changes will thereafter be
allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De-escalation" shown herein
beginning on January 1, 2021.
5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all
labor, materials and freight charges pricing shall be firm for the initial contract period from
November 1, 2020 through December 31, 2020. Pricing changes will thereafter be
allowable on a quarterly basis beginning on January 1, 2021 in accordance with Section
5.3"Escalation/De-escalation" shown herein.
5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel
surcharges during the term of the contract.
5.2.2 Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts,
invoices or published rates of the contractor's rail carrier. Contractor shall provide
documentation regarding the rail carrier's pricing as a part of the request for an
adjustment to the rail surcharge. No surcharge will be applied on top of another
one. The Bidder should provide a rail fuel surcharge schedule as part of their bid
submittal in the area provided in Attachment B herein.
5.2.3 Trucking Surcharge -The truck fuel surcharge rate will be based on the Trucking
Fuel Surcharge Scale contained in Attachment B herein, which shall be
determined by referencing the Retail On-Highway Diesel Price — U.S. Average,
as published by the U.S. Department of Energy, Energy Information
Administration (DOE)for the third Monday of the final month of each quarter. The
truck fuel surcharge will be applied to the base contract price per ton of quicklime
transported effective with the start of the next quarter. No surcharge will be
applied on top of another one. The bidder shall utilize the trucking fuel surcharge
scale included in Attachment B as a basis for adjustment, and surcharge
adjustments will be based on that scale. The DOE Retail On-Highway Diesel
Price — US Average index may be found at:
http://tonto.eia.doe.gov/ooq/info/wohdp/diesel detail report combined.asp
5.3 Escalation/De-escalation:
5.3.1 The City will accept price adjustments on a quarterly basis on January 1St, April
1St, July 151 and October 1st of each year. The Contractor must submit sufficient
documentation to be given consideration for a price increase; and must pass-on
a price decrease when the Contractor's costs are reduced. Approved
documentation includes, but is not limited to published U.S. Department of
Energy (DOE) reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor
Statistics (BLS) reports on Producer Price Index (PPI) for all commodities, U.S.
Energy Information Administration WTI publications on spot crude oil prices, BLS
Electric Power Generation, Transmission and Distribution Index, BLS Crushed
and Broken Limestone Index, BLS mining Machinery and Equipment Index; and
copies of vendor monthly internal cost reports and/or actual invoices.
5.3.2 Rail and Truck freight charges and changes for transfer costs require written
3
TAMARAC
of Tamarac The City For Your Life
City Purchasing and Contracts Division
verification from vendor's freight and transfer subcontractors, provided to the
Purchasing & Contracts Division prior to initial contract term expiration of the
Agreement. All Rail and Truck fuel surcharges will be applied initially on
November 1, 2020, subject to change in accordance with the schedule provided
in Attachment B herein.
5.3.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel
surcharges monthly. The Contractor will apply fuel surcharges for each quarter
based on the amount of the rail and truck fuel surcharges in effect for the month
preceding the quarterly price change as calculated in accordance with Section
5.2 of this Agreement, utilizing Attachment B to this Agreement.
5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass-through of costs,
and no changes to the Contractor's profit margin shall be permitted. The City and
the Contractor may also utilize recognized government/industry indices or
combination of indices to be mutually agreed upon by the City and Contractor,
when determining price increases. The City reserves the right to allow the
Contractor to utilize alternative indices for price adjustment justification; however,
the Contractor will only be allowed to change these indices at the time of any
potential contract renewal, unless the index or indices cease publication, in which
case the Contractor will be allowed to make changes to for any discontinued index
during the contract period. The City reserves final judgement in the determination
of the acceptance of specific indices to be utilized for the justification of price
adjustments.
6 Payments
A monthly payment will be made for work that is completed, accepted and properly invoiced. The
City shall pay the Contractor for work performed subject to the specifications of Bid 20-21 B. All payments
shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218.
7 Conditions of Material
All materials and products supplied by the Contractor in conjunction with this agreement shall
conform to the specifications of the original bid#20-21 B. The City reserves the right to return the product to
the Contractor and require the delivery of new product at no cost to the City.
8 Indemnification
8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys'fees) in connection with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or independent
Contractors, excepting only such loss of life, bodily or personal injury, or property
damage solely attributable to the gross negligence or willful misconduct of the City or its
elected or appointed officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during the term of this
Agreement, even though the claim may be made after the termination hereof.
8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or
in the event of termination of this Agreement for any reason, the terms and conditions of
this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but
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not limited to, reasonable attorney's fees (including appellate attorney's fees) and
costs.
ii. City reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the
responsibility of Contractor under the indemnification agreement.
8.3 The City and Contractor recognize that various provisions of this Agreement, including but
not limited to this Section, provide for indemnification by the Contractor and requires a
specific consideration be given there for. The Parties therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific
consideration for such indemnities, and the providing of such indemnities is deemed to be
part of the specifications with respect to the services to be provided by Contractor.
Furthermore, the City and Contractor understand and agree that the covenants and
representations relating to this indemnification provision shall serve the term of this
Agreement and continue in full force and effect as to the City's and the Contractor's
responsibility to indemnify.
8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28,as amended from time to time.
9 Non-Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color, sex including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, genetic information, or disability if qualified. The Contractor
will take affirmative action to ensure that employees and those of its subcontractors are treated during
employment, without regard to their race, color, sex including pregnancy, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, gender identity or expression, genetic
information or disability if qualified. Such actions must include, but not be limited to, the following:
employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees
and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all
subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause.
10 Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties. It is the
intent of the Parties that the Contractor is an independent contractor under this Agreement and not the
City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards
Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act,
the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and
responsibilities hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City,
State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for
herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had
full opportunity to find other business, that it has made its own investment in its business, and that it will
utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as
creating any joint employment relationship between the Contractor and the City and the City will not be
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liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums.
11 Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement without the
prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the
prior written consent of the city.
12 Notice
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express
Mail, air or ground courier services, or by messenger service,as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody& Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Carmeuse Lime&Stone Inc.
11 Stanwix Street
Pittsburgh, PA 15222
Attn: Phil Piggott, V.P. of Sales & Marketing
13 Termination
13.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the terminating party to the other
party for such termination in which event the Contractor shall be paid its compensation
for services performed to termination date, including services reasonably related to
termination. In the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to this termination.
13.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the material terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty(30)days after receipt by Contractor of written notice of such neglect or failure.
14 Uncontrollable Forces
14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which,
by the exercise of reasonable diligence, the non-performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
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performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the nonperforming party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
14.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall,within a reasonable time
of being prevented or delayed from performance by an uncontrollable force, give written
notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
15 Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures provided for
in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual
budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding.
16 Venue
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
17 Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing that the
signatory for Contractor has the authority to enter into this Agreement.
18 Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to
such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
19 Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This Agreement can be
supplemented and/or amended only by a written document executed by both the Contractor and the City.
20 No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the drafting of this
Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement
concerning its construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or
disputes connected with, arising out of, or involving this Agreement.
21 Scrutinized Companies -- 287.135 AND 215.473
21.1 By execution of this Agreement, Contractor certifies that Contractor is not
participating in a boycott of Israel. Contractor further certifies that Contractor is not
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on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized
Companies with Activities in Sudan List, and not on the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or has Contractor been
engaged in business operations in Syria. Subject to limited exceptions provided in
state law, the City will not contract for the provision of goods or services with any
scrutinized company referred to above.
21.2 Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five(5)days from receipt of
notice to refute the false certification allegation. If such false certification is
discovered during the active contract term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Contractor does not
demonstrate that the City's determination of false certification was made in error
then the City shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended from time to time.
22 Public Records
22.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
22.1.1 Keep and maintain public records required by the City in order to perform the
service;
22.1.2 Upon request from the City's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
22.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the City.
22.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records
in possession of the Contractor, or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to
the City upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City's custodian of public records
in a format that is compatible with the information technology systems of the City.
22.2 During the term of the contract, the Contractor shall maintain all books, reports and
records in accordance with generally accepted accounting practices and standards for
records directly related to this contract. The form of all records and reports shall be subject
to the approval of the City's Auditor. The Contractor agrees to make available to the City's
Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all
books of account, reports and records relating to this contract.
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23 Public Records Custodian
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
Remainder of Page Intentionally Blank
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates
under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and
CONTRACTOR, signing by and through its Vice President of Operations, General Mgt., duly authorized to
execute same.
CITY OF TAMARAC
iie:,
Michell J. Gomez, Mayor
ATTEST: 1 ` ichael C. ernech, City Mana•er
C.14,, 't- q ` 4�( -ep
Je niter Joh r`fori, C Date
ity Clerk
j' —,1/--- .2 6 t16
Approv d tow formnd I gal sufficiency:
Date yy ,!/r i"i,
A7 i C
City A orney
9//L1)z Date
ATTEST: CARMEUSE LIME & STONE, INC.
Company Name
Signature of Corporate Secretary Si ne of Vice President of Operations, General
M .
Nicholas Bonarrigo Jeff Bittner
Deputy General Counsel, Assistant Secretary
September 9, 2020
(CORPORATE SEAL) Date
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Cityof Tamarac The City For Your Life
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CORPORATE ACKNOWLEDGEMENT
STATE OF /',s�l-,,,,,,..,
: SS
COUNTY OF 4//f-1 Ae7
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared Jeff Bittner, Vice President of Operations,
General Mgt of Carmeuse Lime & Stone, Inc. a Delaware Corporation duly registered as a Florida Foreign
Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this9day of 5. mb.— , 20,27.
Commonwealth of Pennsylvania-Notary Seal „7--). ___/
Dana M.Brooks,Notary Public Signature of Notary Public
Allegheny County State of Fierida-at Large
My commission expires December 31,2021 --R.n royIvc)n i 1.
Commission number 1281017 %� ,,A Q
Member,Pennsylvania Acsottation of Notaries '/��� /L L�y ��G5
Print, Type or Stamp
Name of Notary Public
Personally known to me or
I Produced Identification
Type of I.D. Produced
p,'P DID take an oath, or
❑ DID NOT take an oath.
— — 41
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ATTACHMENT A PARTICIPATING AGENCIES & UNIT PRICING PROVIDED IN BID
Contact information for the agency participating in this agreement and its respective delivery location:
AGENCY DELIVERY ADDRESS CITY/STATE/ZIP CONTACT PHONE/E-MAIL
City of Hollywood,Wastewater 1621 N. 14"Avenue Hollywood,FL 33022 Coy Mathis Joel 954/921-3288
Blanco cmathis(5thollvwoodfl.orq
iblanco(E hollywoodfl.oro
UNIT PRICING PROVIDED IN BID AS OF AUGUST 31, 2020 FOR AWARDED AGENCIES
AGENCY DELIVERY ADDRESS ANNUAL USAGE PRICE FREIGHT TOTAL COST DELIVERED
PER TON CHARGE
Type 2—Hi Cal Granular
City of Hollywood.Wastewater 1621 N. 14' Avenue, Hollywood 5550 $190.00 $100.99 $290.99
33022
Approximate Total Annual Tonnage 5550
Remainder of Page Intentionally Blank
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ATTACHMENT B
TRUCK FUEL SURCHARGE SCALE
Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's
distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly.
• The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of
Energy's DOE Retail On-Highway Diesel Price-US Average index may be found at: published on the
3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following website:
https://www.eia.gov/petroleum/gasdiesel/
• Percentages change .5%for every$0.05 per gallon price change
DIESEL FUEL PRICE FS = % OF DIESEL FUEL PRICE FS = % OF
NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE
$1.75 0.00% $3.00 13.00%
$1.80 1.00% $3.05 13.50%
$1.85 1.50% $3.10 14.00%
$1.90 2.00% $3.15 14.50%
$1.95 2.50% $3.20 15.00%
$2.00 3.00% $3.25 15.50%
$2.05 3.50% $3.30 16.00%
$2.10 4.00% _ $3.35 16.50%
$2.15 4.50% $3.40 17.00%
$2.20 5.00% $3.45 _ 17.50%
$2.25 5.50% $3.50 18.00%
$2.30 6.00% $3.55 18.50%
$2.35 6.50% $3.60 19.00%
$2.40 7.00% $3.65 19.50%
$2.45 7.50% $3.70 20.00%
$2.50 8.00% $3.75 20.50%
$2.55 8.50% $3.80 21.00%
$2.60 9.00% $3.85 21.50%
$2.65 9.50% $3.90 22.00%
$2.70 10.00% $3.95 22.50%
$2.75 10.50% $4.00 23.00%
$2.80 11.00% $4.05 23.50%
$2.85 11.50% $4.10 24.00%
$2.90 12.00% $4.15 24.50%
$2.95 12.50% $4.20 25.00%
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