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HomeMy WebLinkAboutR-2011-150 - Authorized City Manager to Bulk High-Calcium Quicklime from Carmeuse Lime, Inc. not to Exceed $80,000.00 RESOLUTION NO. 2011-150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE BULK HIGH-CALCIUM QUICKLIME FROM CARMEUSE LIME, INC., IN AN AMOUNT NOT TO EXCEED $80,000.00 IN FISCAL YEAR 2011-2012, UNDER THE CARMEUSE PROPOSAL FROM THE CITY OF TAMARAC RESOLUTION NO. R-2011-86; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $25,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last eighteen(18) months by other governmental agencies such as the federal government, State of Florida or a Florida county or municipality; and WHEREAS,the City Manager has determined that it is necessary to purchase bulk high- calcium quicklime for City uses; and WHEREAS, the City Manager has determined that such bulk high-calcium quicklime can be purchased at the least cost to the City from Carmeuse Lime, Inc. under pricing and terms reflected in the City of Tamarac purchase Resolution No. R-2011-86; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposal from Carmeuse Lime, Inc., which is attached as Exhibit "A", for the purchase by the City of bulk high-calcium quicklime in an amount not to exceed $80,000.00 in Fiscal Year 2011-2012, pursuant to the Carmeuse proposal to the City of Tamarac pursuant to its Resolution No. R-2011-86 which is effective from November 01, 2011 to October 31, 2014 is approved. Section 2. That funding for this purchase was planned and is available in the Water Fund—Chemicals Account#401-33-03-533-52-40. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED and ADOPTED on December 13, 2011. ATTEST: (>� � r LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR APPROVED AS TO FOI AND CORRECTNESS THOMAS J. AN R CITY ATTO Y TED 1y- 2 RESOLUTION#2011-150 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD BID/RFP NO.: 11-25B Effective 11/01/11 DESCRIPTIONITITLE: Furnish,Deliver and Discharge of Quicklime CONTRACT PERIOD: November 1,2011 --October 31,2014 TERM OF CONTRACT: 3 Years RENEWALS OPTIONS: 3 @ 1 Year SECTION#1 -VENDOR AWARD All agencies except City of Hollywood High Cal Granular Lime: Vendor Name: Chemical Lime Company of Alabama,LLC Vendor Address: 3700 Hulen St. Ft.Worth,TX 76107 Submit Orders to: 4720 Cleveland Heights Boulevard,Suite 203 Lakeland,FL 33813 Contact: John L.Thompson Phone: (877)644-9010 Orders: (800)696-5657 Fax: (863)644-9030 Cell/Pager: (863)698-2483 Email Address: John.ThompsonD-chemicallime.com Website: www.chemicallime.com FEIN: 63-1002780 City of Hollywood High Cal Granular Lime: Vendor Name: Carmeuse Lime Sales Corporation Vendor Address: 11 Stanwix St.,11"'Floor Pittsburgh,PA 15222 Contact: Bruce D.Routhieaux Phone: (412)995-6500 Fax: (412)995-5515 Cell/Pager: WA Email Address: salesinLojeormeusena.com Website: www.carmeuse.com FEIN: 34-1053121 SECTION#2—AWARD/BACKGROUND INFORMATION Award Date: August 24,2011 Resolution/Agenda Item No.: R-2011-86 Insurance Required: X Yes No Performance Bond Required: Yes X No 1 SECTION#3-PROCURING AGENCY Agency Name: City of Tamarac Agency Address: 7525 NW 8e Ave. Tamarac,FL 33321 Agency Contact: Keith K.Glatz,CPPO Telephone: (954)597-3567 Facsimile: (954)597-3565 Email: keith.alatz[catamarac.org 2 Temp Reso#12065 Page 1 July 27, 2011 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID #11-25B, "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" TO, AND EXECUTE AGREEMENTS WITH, CHEMICAL LIME COMPANY OF ALABAMA, LLC FOR THE CITY OF TAMARAC AND AN ADDITIONAL EIGHTEEN 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 11-25B, "Furnish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast Florida Governmental Purchasing Cooperative (Co-op); and WHEREAS, Nineteen governmental agencies, including the City of Tamarac will utilize this bid to purchase approximately 58,000 tons annually, of quicklime for the Co-op, of which approximately 1,450 tons will be purchased for the City of Tamarac, a copy of said bid is attached hereto as Exhibit"A"; and WHEREAS, the City of Tamarac publicly advertised Bid 11-25B, "Furnish, Deliver and Discharge of Quicklime" on the City's web-site and in the Sun- Sentinel on July 6, 2011 and July 13, 2011; and Temp Reso #12065 Page 2 July 27, 2011 WHEREAS, five (5) vendors were solicited; and two (2) complete bids were opened and reviewed to determine cost and responsiveness to the City's specifications; and WHEREAS, Chemical Lime Co. of Alabama, LLC submitted a delivered 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 "B"; and WHEREAS, Chemical Lime Co. of Alabama, LLC was deemed the lowest responsive and responsible bidder for the City of Tamarac, and for eighteen (18) members of the Co-op, with a copy of the bid submitted attached hereto as Exhibit "C"; 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 attached hereto as Exhibit "D"; 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, Chemical Lime Co. 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 Temp Reso #12065 Page 3 July 27, 2011 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 quarterly material price adjustment formula, which allow 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 Utilities Department Operating funds; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that Bid 11-25B be awarded to and an agreement executed with Chemical Lime Company 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 eighteen (18) other agencies in the Co-op; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that Bid 11-25B 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 11- 25B and execute an agreement with Chemical Lime Company of Alabama, LLC Temp Reso#12065 Page 4 July 27, 2011 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 Tamarac and on behalf of an additional Eighteen (18) 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 11- 25E and execute an agreement with Carmeuse Lime and Stone for fumishing, 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 speck 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 11-25B, "Furnish, Deliver and Discharge of Quicklime", to Chemical Lime Company of Alabama, LLC, on behalf of the City of Tamarac and eighteen (18) agencies in the Southeast Florida Governmental Purchasing Cooperative, is HEREBY AUTHORIZED. Temp Reso #12065 Page 5 July 27, 2011 SECTION 3: The appropriate City officials are hereby authorized to execute an agreement with Chemical Lime Company of Alabama, LLC as part of said award, a copy of which is attached hereto as Exhibit "E" for prices as shown in Exhibit "B" on behalf of the City of Tamarac and eighteen (18) entities within the Southeast Florida Governmental Purchasing Cooperative. 11-256 "Furnish SECTION 4: The award of Bid , 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 "F" for prices as shown in Exhibit "B" on behalf of the City of Hollywood, an agency in the Co-op. SECTION 6: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 7: 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. Temp Reso#12065 Page 6 July 27, 2011 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. f % PASSED, ADOPTED AND APPROVED thisy day of 2011. PAMELA BUSHNELL MAYOR :ATZE . �� TER M. J. 1 HAR SON, CRM, CMC CITY CLERK. O Z AMAR 9c'�,i RECORD OF COMMISSION VOTE: C.) : 40 •:p: MAYOR BUSHNELL _ ' COMM.DIST 1: ES�P�g6 ;'0= DIST 2: V/M GOMEZNS N L '�-f -tj : =� SEP4 :'k DIST 3: COMM. GLASS ,9•••. . .. .•N:�A,. DIST 4: COMM. DRESSLER �;QD COt1 � •• 1 HEREBY CERTIFV"At Y HAVE APPROVED THIS RESOLUTION AS TO FORM. Y01WAA. SA EL S. GO CITY ATTORNENV INVITATION FOR BID ........... IT1 1 ' 1 w City ' Your Life BID 11 -25B ' FURNISH, DELIVER & DISCHARGE OF QUICKLIME Issued on behalf of the Utilities Department City of Tamarac Purchasing & Contracts Division 7525 NW SWh Avenue Room 108 Tamarac, Florida 33321-2401 (954) 597-3570 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 1 7525 NW 81P AVENUE > TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 11-258 BID TITLE: Furnish, Deliver and Discharge of Quicklime BID OPENING DATE/TIME: July 21, 2011 at 2:00 P.M. EDT BUYER NAME: Keith K.Glatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL: keithg@tamarac.org PRE-BID CONFERENCE/SITE INSPECTION: Not Applicable to this bid. BONDING: Not required for this bid. GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIESISERWCES ISSUED BY THE CITY OF TAMARAC,THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS, IN THE SPECIAL CONDITIONS OF THE BID, OR IN THE SPECIFICATIONS/STATEMENT OF WORK. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER THESE GENERAL CONDITIONS AND ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY, SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE, BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON-RESPONSIVE. ALL.BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON-RESPONSIVE. BIDDER COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TffLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: SIGNATURE OF AUTHORIZED AGENT: SUBMIT BID TO: Cmr OF TAMARAC PURCHASING AND CONTRACTS DIVISION AMR 7525 NW SC AVENUE TAMARAC, FL 33321 954-597-3570 This soon Is Issued pursuant to the City of Our Mafon and A/hsion Tamarac Code, Chapter 8,'Fkwsnos&Taxation". Our Visbn: The City of Tamarac, our comrnunity of Afte V."Pining Procedures', Section e-14i choice—Im ft the nstlon in quaWty of ffe Mmugh safe st seq. neighborhoods, a vibrant econorny,excepkv?at customer service and recognized excellence. Our flMaaion: Wir Are '�ComrrWed to Excellence. It Is the Intent of the City to award this bid to the Ahvaye n is our Job to foster and create an enW nsnment lowest responabe and raw Bidder. The bw City reserves the right to aoaW or reject any or ell R@4mn s to the Customer bids and to waive any kdom dty concerning the Creates and Innovates bills when such rejeeft or waiver is deemed to WbdW as a Team be In the best hiereat of the City. The City Achieves Rewift and reserves the d W lo award the bid on a split order Makes a DHlbrence bash, lump sum or Individual item basis unless In the ndA*wnt of our vlslon and miasim, as stewards of otherwise stated,vhksever Is In the best krlerest Ow public bust, we vWW vision, integrity, eflkalency and of the City. quo*service. This edidlation Is Issued purswnt to the City of Our vendors are duly partners in meeditg dress Tamarac Code, Chapter 8.'Finance&Taxation', rrorrug IF, to the connum it}, and In support of that Article V,"Piro Procedures",Section 5-141 vision and mission, we are conswNted to ensuring that at mq, quaHNed cogn0va vendors who share our cormnitry N to quaNty, e1Jldomy, teamwork and customer service we employed b provide goods and services to the City. Our vendors are expected to dothw NO quality products and GENERAL TERMS AND CONDITIONS efficient service that is provided on Jima and as ordered; In a manner that Improves the overall value of the These general terns and oondift s apply to all services that the City pmvfdas to Its residents. In dkm made to the City of Tamarac by oil addition,we expect our vW Wbrs to wafk with the City as a team, and exh#* the hfgtsest level of lrrtegrfly when prospectve Bidders inclmft but not Inted tD daring with any otifce ordeperEment of the C►ty. Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid' DiNgerce in the execution of the requirernents of this and "proposal' are used lnhnhwVsebly In proposal wfN ultimately corstdbute to the overa#quality of rnfererrce to all offers sutrrnitted by prospective servfoes prvvidad to the w0a community. The Clty Is Bidders. Any and ad spectral condItlons In this IFB searching for a flit who wIN sxwrgW y dress ideals In the or any sample agreement document that may be execution of their work, end the successftd fbm wX be measured against the perlbmmvw&standards outlined in In varlanm or corrilid with these General Tema this bid invitation. and Conditions shall have precedence over threes General Terns and CandfiDns. If no granges or INTRODUCTION deletions to General Conditw are made In the Special Conditions, then the General Terms and It is the intent of the City to award this bid to the Conditions shall prevell in their entinaly. lowest responsible and responsive Bidder. The 1. SUBMISSION OF THE BID City reserves the right to accept or reject any or ail bids and to waive arty Informality concerning the The Bidder is dkected to deliver sealed bids to the bids when such rejedfon or waiver Is deemed to City of Tamarac,Purdraeinp Division,TW5 N.W. be in the beat interest of the City. The .City Oft Avenue,Room 108,Temmac,Florida 33321, reserves the right to award the bid on a split order no inter than the data and time or 11 sd on the bash, imp sum or individual than beats unless cover page or this soNcNetior document. At this otherwise staled,whichever is in the best Interest time the bids will be opened, the names of all Of CRY. Bidders will be announced and all bids shoU 1 SUBMIT BID T4: . Cry OF TAMARAC e PURCHASING AND CONTRACTS DMSION 7525 NW 8C AVENUE TAMARAC, FL 33321 954-597-3570 become a mailer of public racard.All Bidden and bids on leases of armed property to a pubic aft thsir roproaonlati as are hAsd to attarmd. The may not be awarded or pmlbrm work as a Bidder must show the bid number.bid name.Erne oontrulm. supplier, siboontraGor, or consultant and dale of the bM opening on the oublde of the under a contract wih any pubic er ty, and may sealed bid padage.Delivery of the sealed bids to not transact bustness with any public antty in the Purchasing ONce on or before the above dale excess of the wreshold amount provided in is solely and strictly the reeporhsibiity d the Bidder. Secdon 287.017,for Category TWo for a period of Late bide wNi be rslumsd unopened b the Bidder. 38 nwx ill *ern the date of being plaosd on the conviAsd vendor ld. It is the Bidders raWansiblity to read and 4. NONAMLLUS11A AMDAWT understand the requirements of this bkl. Unless otherwise speciled. the Bidder must use the bid Each Con b ocbr dhdl complete the Non-Collusive form tumisihed in the bid doaxner>t.The Bidder is Alidad Form and shad submit tthls form with the requested to submit one{1)odginal and two(2) bld0prDPosol.The Cky considsts the f %n of the copies of the bid. The o bid must be Conbacbr to subndt#6 document to be a major manually and duly aigrhed in ink by a Corporab qnegulaft.and may be arose for roocilon of the Ofli w.Prindpal,or Partner wNh the au"W Proposal I*bind the biddlrg oampan y or Arm by hisf w allpwturo. AN bid corms must be tAx wrtden or 6. CONFLICT OF INTEREST oompieied In Ink. The Balder must khiial any The award hereuder le b eraauros or conhhdlons in ink. AN bids shall be Kbjod the provilsims submitted in tare English language. AN prices, of Chapter 112 of the State of Florida Statutes. terms and oontilkns quoled In the submitted bid Bidders shad dbdoee to name of any oAfoer, shall be expressed in U.S.Dollars,and will be torn dkvcior, pubw prop, assocate or agent fa acceptisnos for abdy (OM calendar days from who Is oleo a pubic atlbei or employee of the City the date of the bid opening unless otherwise or any of is agendas. stated by the City. S. QUANTITIES The Bidder preparing a Chid in rotpormse to this Cluarmliies shown are esrrnWas only. No acddtakin shall beer all expenses aneodMW wish guarantee or warranty is given or implied by the Its preparation. The Bidder shall propane a bid City as to the toW amount that may or may not be with the wxbnbnft that no clairm for purchased from army reeufty ocrhbas. The City reimbursement shall be subryOW to the City fcr reserves the right to decrease or inpeese expenses misted to is preperotlon. quo Mom or add or decals any Narn from the rxxhtras M It Is delemmined that It best sons the Z. WffHDRAWAL OF BID irhlaresls of On Cdy. 7. PRICES,PAYMENTS,DISCOUNTS A ELECTRONIC Any Bidder may wtihdmw Its bid prior to the PAYMENTS indicated opening tins.The request for hwilhdr mW must be subrniled in wribhg to the Purchasing Finn &low Bid prloas shall be fbped and ttrm to Oboe. the euknl requbad under Special Condtiorn. In 3. PUBLIC ENTRY CRIMES STATEMENT the absence of are mof in the Spode' A person or alsiste who has been placed on the C��'hid Drys shall be fixed and Mar for a oorwkbd vendor list following a conviction for Paled d calendar nb d ys, or rhmusIn" {!i e calsrdar days when time oonbad must be pubic ently alms may not subrnk a bid on a appro iad by another agency. Payment will be contras to proAde any goods or services to a made only ofW. raoso and r d public ardty, may not submi a bid on a corhfror' rrhet bbfswvlcsL Cash dscounte may be aft wlih a pubic srttty for the consinrctlon or repair d for pry payrrw*thoarevw.such dboourhts shah a pubic building or public work, may not submit not be considered In ddmnhhkming the lowest not 2 0 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DMSION 1 7525 NW 8e AVENUE TAMARAC,FL 33321 954-597-3570 cost for bid evaluation. disquaati llodon. It BMW fats to take exception to the speollombon requirernaMe, it will be assumed Promot Payment Dlacounts: Bidders are that the Bidder has submitted a bid which encouraged to provide prompt payment terms in conforms in all aspects to the requirements of Be the spew provided on the Bid Form.if no payment bid document, and that the Bidder khtamrda to discount Is offered the Bidder shell enter zero(0) furnish goods Werrtical to the bid standard. for the percentage discount to ktdfcel@ rid 30 10. SAMPLES AND DEMONSTRATIONS days. if the Bidder does not enter a percentage discount, it is understood and agreed that the When requested,samples are,to be furnished froe payment terrna shall be 2% 10 days, net 30 days of charge to the Cky. If a sample Is requested it effective on the dale that the City receives an must be dellm within eaven days of the request accurate invofoe or accepts the product,wfrichever urdeas otherwise stated in else bb. Each @ample is the later date.Payrnent Is deemed merle on the must be marked with the BkkWs name, and the dale of the mailing of to check. AN pepnents type of product provided. The City will not be shall be governed by the Local Govemment responeber for morning samples. The City may Act,pt aymenrAct,F.S.Chapter210. require testing of to product by an Independent phborabry at to City's expense, however, in the Payments by Electronic Funds Tnrafar For event that a sample product fells to meat the City of Tamarac purchases,vendors must be able Included herein, the City reserves to sooept and receive payments by direct deposit the right to requlra the Bkkler to bear the cost of via electronic funds transfer Instead of by paper to tooling. check. Vendors are strongly encouraged to It. BACKGROUND INVESTIGATION register to receive all payments by direct deposit. Access the City of Tamarac web-site at As a part of the Bid evauation process, the City may conduct a background Investigation Including wwnuritmx for mare Information. This a criminal record cts@ck of Bidder's cfllosrs andlor requirement may dander for other governmental employess. by the Brow and County Sheriffs entities using this contract. Offka. BkkWs submission or a bid constitutes acknowledgement of and consent to such L DEUVERY investigation. City shall be the sole judo in debrrnirdng Bidder's q<raNllosillons. All items stay be delivered F.O.B.destination to a 12. CONDITIONS OF MATERIALS specfic City addrass. AO delivery cab and charges stall be included in the bid price. All rallerWs and products supplied by the Oldster Albm Nvely.the bidder may Ill the unit price for in oorox6on with this bid stall carrbrm to to material to be supplied. and a separate coat for freight.The City reserves the right to cancel orders ��the City reserves the nigh return or any part tharsof.without obligaation if delivery is the product to the Bidder at no cost to the City. not made at to time sps mill ed in the bid. 13. COPYRIGHTS OR PATENT MGM 9. SPECIFICATION COMPLIANCE The Bidder weunnb that these has been no The Bidder may fifer any product which meets or violation of copyright@ or patent rights in exceeds the specifications for any item(a). Bidder m om' producing or selling the pods shall submit carpiele kbecriplive bona shipped or ordered as a result of this bid. The selbr agrees to hold the Cityy harmless from all tion o with the bid.The burden of proof far aped City ti�y, lose,or expanse occasioned by any such compliance is solely on the Bidder The City. violation.reserves the right to be the soil judge of what Is squid and acoephbts. FaAum to p v*le this 14. SAFETY STANDARDS Inbnration within three (3) business days or the City's request may be grounds for bid The Bidder warrants that the produ cks)supplied to 3 SUBMIT BID TO: P.Mom E� CITY OF TAMARAC PURCHASING AND CONTRACTS DMSION I 1 e A 7525 NW 8C AVENUE TAMARAC, FL 33321 954-597-3570 the City conform w1h all respects 10 the stenderds tarninsllon. In the event that to Carkaalor set t M in to Occupatfonsl So"and Wealth Ad abandons this AWm msnt or causes it to be of 1970 as arrondsd,and shall be In compliance 161111; Aso, Contractor sag tndm,N t► the cily with Florida Sloane as well a loss to ft tenmhdbn. Chapter 44Z. erry against peMiNrnp Industry standards, If sae• Any torde a. FUNDING OUT:This agreement Wall remain substance feted In Section 3OF-41.03 of the in full force and slid only as long a the Florida Adndrishative Cods dWA, m aW a result exWoMm laded for In the Agreement have of this order must be acdompaned by a competed been approprialsd by the City Commission of the Material Safety Dft Stoat(SDS). City of Temarac In the annual brdbet for each IL PERFORMANCE fiscal year of this Agreement, and Is sAod to termination based an look of funding. Failure on the part of the Bidder to comply with the 14 ASS03NMENT conditions,lama,specs f olions and requirements of the bid shell be pat cause for cancellation of In The Mdder shall not transfer or assign the bid award, notwithelanding any additional palbrinence required by this bid without the prior requirements enumerabd in the Special cc d1onW wrW@n consent of the City. Any award issued herein. The City may, by written ndioe to to pursuant b this bid and monies that may bsoorrhW Bidder, terrninsts the contract for fdhue to due hereunder are not saslgnable except with prior perform.The dale of Nrmthatlon shall be sated in ywwm qpavy of to City. the notice. The City :loft be the sole Judge of na 1i. EMPLOYEES nonpsrlonna 16. INSPECTION Employees of the Bidder shall at ail tines be under The Ckyy shah have the right to h"W any mebrtale, fb eola daredim and not an erploym or agentd oomponsnls, equipnant, 0"Ass, services or the City. The Bidder shall supply cc ipabrd and completed work spsolllsd herein. Any of said gems 9 cap" amployees, B folder shall be not complying with these spedllcollora are outod map, ithto to City for the sda and omission b refection at Qre option of Vw City. Any items of all empbyea world g u nder ib dredtions. rojecled shell be anhoved fiam to prwniess of the City w dlor replaced at the arAh wghense of the Zp. NON-DISCRIMINATION 3 EQUAL OPPORTUNITY sumseemi vwxw. EMPLOYMENT 17. TERMINATION During the psrfotrrhancs of the Contact, the a. DEFAULT: Inaddition toall other remsdla Cadraolor stroll not dsairrhirrals against cry to Canto la the City,this Agreement shall be subject or applic- n for employment bsause of to cenclor ,-g by the City for cause, should the me,�,>a4 ,op,nstionel origin,marts Contractor nsglWd a fall pr penfam or observe any �, paMiai e1SMan, fwnilW ebbs. sexual m the rrtslerth terra. prdnelons,such neglect e, or men,or dhstift If queslfed. The Contractor regctirerronts harsh eonlakhsd, fi such neglect or will take aAknnaWe motion b ensure that employeesfailure shell continua for a period al tlhirty PM days or talons. their treated during employment, withoutMwithoutregard b negect og receipt Contractor of writer notice d such their race, color, sex Religion. age, natant origin, n 11mNed OMM, aMIaton. 1011 el alalue. b. TERMINATION FOR CONVENIENCE OF setud orientation, or dkab■ly if qudbd Such CITY:The final Agreenrerd may be Imnirmod by actions moat Include, but not be NrMed to, the the City for convenience.upon Oft(30)days of following: ernploymeK promotion, demotion or writlen node by to City to the Cordrswidr for such � '►ecruibners or rea bro t advarlieft impff termirotlon in which event the Ccr*vcbr shall be or len inatiorh; raise of Pay or otor lams of poW its corriponsallon for caft.. hg Products congmnseft; and selp Or for haft ng, kx*m p delivered b the City prior ID Wffk ation deft, apprertlicsift• The Cahlraclor shati agree b poet Including services reasonably raided to In a ploeft available b employees and app1arhb for arnpkr nred,rroI b be pami ed by 4 SUBMIT BID TO: CITY OF TAMARAC PURCHASING;AND CONTRACTS DIVISION l 1 7525 NW 8C AVENUE TAmARAc,FL 33321 954-597-3570 the conk'adkg offlar se"loroh the provisions of Including: this nordiscriftwibn clause.The Comtraccor further P""W"GoOperetions agrees that he/she win ensure that Subcontractors,If Contractual Liability any,will be made aware of and will comply with Oft Personal Injury nordeak.Mon clause. Explosion,Collapse,Underground Hazard ProductsfCompleted Operations 21. TAXES Broad Form Property Damage Cross Liability and Severabtpry,of Interest Clause The City of Twnarac and an members of the Southeast Fiorids Govemnment Purchasing Automobile liability $1,000,000 $1,000,000 Cooperative are exempt from afi Federal, Stela, Wodow Statutory and Local taxes. An exemption cerUflcate will be Cornpere,adon & provided where applicable upon request. Employsts 22. OMISSION OF DETAILS Omission of any essential dads from these Neither Bidder nor any subcontracim shah specifications will not releve the Bidder of commence work under this chxriract until they have uppyhV such product(s)as wed. obtained all insurance required under thle section 23. INSURANCE REQUMEAAENTS and have supplied the City with evidence of such coverage In the torn of an I surarroe csrtificale Bidder agrees to,in the perhbrmance of work and and endorsement. The Bidder will ensure that all services under this Agreement, comply with all suboontraclors Will try with the above federal,stela,and local laws and regulations now guidelines and will maintain the necessary In effect,or heroksber rahecte I during the term of coverage throughout the ten of this Agreement this agreement that are applicable to Contractor, All insurance carriers shall be rated at least A-VII its employees, agents, or subcontractors, if any, per A.M.Bests Key Rating Guide and be licensed with respell to the worts and services described to do business in Florida. Policies shall be herein. •Occurrence'totm. Each warier will give the City Bklder shell obtain at Bidders expense an W*(OM days notice Prior to csnaelallon. necessary Insurance in such form and amount as The Bidder's liability insurwme policies shah be required by the Clty's Risk&Salaty,Officer before endorsed th add the City of Tamarac as an beginning work under this Agreement.Bidder shall •eddlonal insured'. The Bidders Workers rmahom such irshrra m In full force and affect Compensation carder will provide a Waiver of during the life of this Agrearnent Bidder shell Subrogation to Ms City. The Bidder shall be provide to the Citys Risk 6 So" Officer responsible for the payrnent of all dWucd*m and aartilcabe of all insurance required under this se!Nnsured retentions. section prior ID beginning any work under this Agreement. Bidder shall kndemnityl and save the The City may require that the Bidder purchase a City harmless from any damage resulting to it for bond to cover the full amount of the deductible or failure of either Bidder or any subow*acW to K the Bidder is to provide obtain or maintain such insurance. profemlonal services under this Agreement, is The blowing are required types and rrk*nunn Bidder must provide the City with evidence of brit@ of Insurance coverage, which the Bidder Profsssbrwl Liability ksursnos w1 h, at a agrees to maintain during the term of this contract: minimum,a limit of$1,000,000 per occurrence and In the aggMdrhs�Aade torus are Una of Hcrsinessl Occurrence Aoregats adaptable for Uabll y Insurance. Coverass Commercial Gernral $1,000,000 $1,000,000 Liability s SUBMIT BID TO: ..a Mp=mm CrrY of TAMARAC e PURCHASINe AND CONTRACTS DIVISION 7525 NW SST"AvENUE TAMARAc,FL 33321 954.597-3570 24. WDIIIIIIIMSCATION wtI utlo e a high Isvel of sldl necessary b pub., lens work. Arty polar me Aasentent dO not be The Bidder shell Indenmily and hold tuannhss the aorertnusd as IS any ON em0wrwt sty of Tornor c,its elscbd and appointed olticials p batwsen to.Contraelor and the City OW employees from any and so olskrrs, subs, and the CRY will not be left br any ob%Om adbns.d— ages,Nd t .and eorperow(I dudbtg Incurred by Cw*aclor,k *&V but not Wailed b abonreyi'fees)in oorMwcft wkh loss of It.bodly unpaid r*dmtsn wagss sndtar overtirne or psaortal k>)csy, or property damage, In during pren6srre. Icss of we(hereof, dka*or indirectly caused by, 26. CLARIFICATION t ADDENDA resuuttrg from, wising out of or wwring in connection with to operations of the Bidder or his M°aclons. sgarub, otio ers. empbyess or Where there appears to be varbnoss or txarr Sufoat fNcls �� contracbrs. exae(tirp onlysuchbss between leis Osnaral Tan and CArtcANorn and of Me.bodly or personal boy.or prapwAy damps be Special Conditions andbr Detaled solely atkbubble b t1e prose ruegtgence or willed Sommilluda i outlined in this bid the Special mism W d the City d Tanrsrec or its elected or Conditions wWw to Dewed SpscMcaft s shall appointed obidelt and employees• City reserves Pr'ss+E" On right to select It own teal counsel to aorduct The Bidder shsl examine d bit docu nonts and any de o - in any such proceeding and d costa shalt judge all "wheys mk6V to the adequacy end tees associated tweivith shelf its the and accuracy d such downents.N,upon review, respormt" Of contractor under the any--Ow arrays in specleekne are fund.the I d•rnhilcation spew»ni Bidder shot contact lens Purolraskg OQbe 25. INDEPENDENT CONTRACTOR immedlably. Ary NqW= suggeolions, requests An Aaeenrera rssuNkg from ttis satidbtotr does co Garticslim . or requests for addti W rat creels .an empbyeelbmpbyar rohtiontluip 'Pon shall its submired in wrl0rg to the bahvearu to Parties, n is the krlent of two Parties wdmft oral Met pr. OW the Corbnaclor Is on Independent corrkador The City of Tamarac reserves pre right b amend under this Agreement and not toe Cby's employes Bds bid p ft to to Bid operig dale indicaMd by for any purposes,Including but not Imbed lo,t» wrltren addends. WrMMn addenda shall serve as applcallon of lens Fair Labor Standards Ad the sole means of deri lcelion.The City shal not r**n urn wage and overt me payrnerds. Federal be rospansitio for oral Worpvtobns Ow by any krwanoa Con bAon Act. the Sodas Sea^ City emp4w or its roprossrMatlw. Ad, tM Federal Unarnployntent Tax Ad, In 27. BID TABULATION provisions of the Inlernal Revenue Code,the State Woricer's OmWonseton Act, and rue Stab Bidders may downbed the bid Wxda*m dre* Unernploymant Insurance low. The Cw*adw fmm the IrMamN at hUpAywwAmKwAM. The shall retain sots and abodule c hcretar► In the j WWm t d the manner and rneens d carrying out y dos not potty urrsuuaosadul Bidders d Mract Contractors sdbltiss and responsWi iss oo ' hereunder provided, furtw tout administradve procedures applicsWe to services rendered under Ptsstw le Fb 8lartule hsplar 119,Sea an any pobrutal Agresnrarrt sMI be too" d 7(m), sealed bift ds or propo ssle rsu�elved by an Conbaclor,vvhich polohs d Conbaclor shd not agency Pit to �fa bid or rugtrsels canl�t vrNt City, Stale,or UMW Slabs polkdas, for proposals are from to provhldw d nubs a rogulattor>s rehlit'Ig b lens use d s t1) end s. 24(a), Art. i d lens Stela Contractor's tiurds pawided for herein. Tars Conethulion urtlb such tune as the agerrey P Coniracbr agrees that It is a aepausfie end nolbo d a dedalon or irrlerdsd t'leciliion puasttsntt Independent enbrose from tie City. gust I had to F.S. Wopenk)(a), k wwis aw days ogler full opporlurby b find otter business, trot b has aP l opankrg.whiduever h earlim. node its own huvestrnant in tit business,and to it 6 SUBMIT BID TO: ..is MW M mm Cry OF TAMARAC PURCHASING AND CONTRACTS DMSION ' 7525 NW 8V AvENUE TAMARACK FL 33321 954-597-3570 28. RECORMAUD" The Contractor shall maintain during the term of the contract all bootee, reports and records In eocor In me vAh gwwr* acoapNd accounting pra�cxs and s►andards for records dhectily reload to 11ft contract The t m of all records and reports " be subject to to apprwal of to City's Auditor.The Contractor agrees to moos available to the CiWs AWIlor,during rxx, bueoeat hours and in Browrd,Dade or Perm Beach Counties,a0 books or soowd, repots and records relating to this contract for the duration of the contract and retain them for a n *mnn period of one(1)year beyond the last day or tee contrail term. 29. UNBALANCED B1O$ When a unit price bid has varisbls or estlawled Wenlities, and the bid shows evidence of unbalanced bid pri ft,such bid may be rejected. 30. UNIT PRICES Were a discrepancy between unit price and total price is kdicabd an a SkWs submitted Sdwxk to of Bid Prices or Price Proposal Form, the unit prices shall provd. 31. VENUE Any Agreement resulting from this solicitation shall be governed by the laws of the Silts of Fbrkla as now and hereafter in force. The venue for actlor* arising out of this agreement is fixed In Broward County.Florida. 32. FORM AOREEMO T DOCt111111ENT The City may attach as a part of this solid tion,a Forth Agreement document. Bidders stall be responsible for complying with ell of the terms and conditions of the Form Agreement docrrnerd F irrdu In herein,excxrpt where variant or co*dit language may be irx kxW In any Special Conditions contained herein. Bidders shelf nob any deviation or variance with the Form Agmwrwt document at the time of bid submissiorn. 7 PURCHASING AND CONTRACTS DIVISION ► ► ' ► INVITATION FOR BID IFB 11-26B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until Thursday, July 21, 2011 at 2:00 p.m. EDT (Purchasing Omcs time stamp is considered official time), at which time bids will be publicly opened and announced for: FURNISH, DELIVER AND DISCHARGE OF QUICKLIME The attached Invitation to Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The governmental agencies participating in this procurement and their respective delivery locations are listed in the attached document. Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or before the date and time referenced above. Any Proposals received after 2:00 p.m. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re-advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained from the Purchasing Office or via the Internet at http://www.tamarac.ora. For inquiries,contact the Purchasing Office at(954) 597-3570. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager Publish in Sun Sentinel July 06, 2011 and July 13, 2011 7525 M.W.8MAvmm I Tamarac,Fbdda 33321-24011 P:954.597.35701 F:954.597.M EOVALOPPORTLAWY EMPLOYER o , f. h r w.� s�: Ll.� f , Cooperative Purchasing, The Invitation for Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: Each participating governmental entity will be responsible for awarding a contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings; be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • THE CONTRACTOR(S) SHALT_ FURNISH THE LEAD AGENCY A DETAILED SUMMARY OF SALES SEMI- ANNUALLY DURING THE CONTRACT PERIOD, SALES SUMMARY SHALT. INCLUDE CONTRACT NU OBE.R(S).. CONTRACTOR'S NAME,THE TOTAL OF EACH COMMIODITY SOLD DURING THE REPORTING PERIOD AND THE TOTAL DOLLAR AMOUNT OF PURCHASES BY COMMODITY. • Municipalities and other oovemmental entitie§ which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly, prohibited from utilizing any contract or purchase order resulting form this bid award. However; other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" 9 l l ' J Citt+o/Tamarac .__. __ Purchasingand Ca�lrocls Division _ Below is a list of the agencies participating in this bid and their respective delivery locations: AGENCY DELIVERY ADDRESS CrrY18TATE0P CONTACT PHONE Broword County Dist.1 3701 tLM Road 7 Lauderdals Lakes 33319 W.Ru1M 1.4128 Broward County Dist.2 1390 NE 61 St Porn Beach 33054 K.Stamand 954/831-4121 Ckv of Coral 38M NW 861h Avenue Coral Sprkm 33055 Roxenne Sookdso 954/344-1103 City of Darla Beach 1201 Stift Road Denia Beach 33004 jaffm Baker 96M4-3674 Town of Davie 3500 NW 76th Avenue S48 1II Davis 33314 Nei Budmidas 7- 748 Town of Davie 3790 SW 64th Avenue S4S I M Davis 33314 N 7-3748 City of Deedleeld Beach 290 Blvd. Dm Aeid Beach 33442 Jim Bennet 0 CRY of Fort Lauderdale 90 NW 3e Street Ft.Lauderdale 33309 Rick Johnson 7865 City of Halisndeis Beach 215 NW W Avenue Hallim le 33WO Hal Eisaasar 457-1632 City of HcWMvood 3441 Hollywood Blvd. Hot wood 33020 Carts 954=7-4230 City of Lauderhill 2101 NW 49th Avenue Lauderlrii133313 Afsworki 954f730.2972 Ghebrehiwet CRY Of mWomb 960 NW 00 Ave. Margate 33003 Rick Van Acker 954W2-0828 Of Mkamar 2600 SW Be Terrace Mkamar 33023 BE Knee 964JW5-7773 of North Miami 12008 NW 11 Ave. North Miami 33168 Vfter Pisrte-Louis 306)W&9834 of North Miami Beach 19150 NW a Ave North Miami Beach 33162 Pat Mlitchel 305l850.0000 Of Pembroke Pins 7900 Johnson Street Pembroke Plnve 33W6 Michael E.Ponce 9541868-5011 of Po Beach 301 NE 12w Street Ponimm Beech 33000 Ledo Hardin 9541786-4098 ON of Sundae 4350 Springtree Drive Sunrise 33351 Jim Dolan 954M72 2424 Gft of Sunrise 15M Sludgernill Road Davie 33331 Dan BudNa 954/43441900 of Tamarac 7803 NW 81at Street Tamarac 3=1 John Fk**w 9541507-3777 U.S. Weller (City of North 841 NW 71 Avenue North Lauderdale Gene Riley 954/722-0900 Lauderdale Rape of Wellington 1100 Welilroon Trace Welkrgton 33414 Seen McFarland 561/791-2485 (Pebble) Vibge of Wallington 11W We8(nglon Trace Wellington 33414 Bryan Gayoso lWif791-4039 QGrar"mr 10 City of Tamarac Pufd sing and Contsects Division SPECIAL CONDITIONS BID 11-25B FURNISH, DELIVER AND DISCHARGE OF QUICKLIME 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids,from qualified bidders,to supply quicklime per the conditions and specifications contained in this document. The contract term shall be for an initial period of three(3) years, beginning November 1, 2011. The City reserves the right to renew the contract for three(3)additional one(1) year periods, providing all parties agree to the extension and renewal tem. This is a Cooperative Invitation to Bid issued by the City of Tamarac on behalf of the participating governmental entities, referenced within this bid document All quantities given are estimates of annual usage and may be increased or decreased to mast the requirements of each participant No warranty is given or implied as to the exact quantities that will be used during the term of this contract 2. CONSIDERATION FOR AWARD The City reserves the right to consider a Bidders history of citations and/or violations of environmental regulations in determining a Bidder's responsibility, and further reserves the right to declare a bidder not responsible If the history of violations warrants such determination. A complete history of all citations,violations,notices or dispositions shall be submitted with bid.The non-submission of any such documentation shall be deemed an affirmation by the Bidder that there are no citations or violations. Bidder shall nol fy the City immediately of any citation or violation received after the Bid opening date and during the time of performance of any contract awarded to Bidder. Other considerations for award include: A. The ability and capacity of the Bidder to perform the requirements of the bid. B. The availability and quality of the Bidders product to the required use. 3. PRICING Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. A. 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, 2011 through December 31, 2011. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 3.C,'Escai ation / De- escalation"shown herein. S. in consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract RaiLSurcharas—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 carvers 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 Appendix B heroin. Trucking Surcharge -The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendix 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. 11 City of i'arnaf ac Puichasing and Contracts Division No surcharge will be applied on top of another one. The bidder shall utilize the trucking fuel surcharge scale included in Appendix 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; hAR:Ntonto.sia.doe.aoy/oocAntolwohdddiesel detail report combined.eso C. 1. The Cly will accept priceM� on a quarterly basis on January 18�, April 10, July 1 and October 1 of each year. The Contractor must submit suHkient documentation to be given consideration for a price increase, and must pass-on a price decrew when the Contractor's costs are reduced. Approved documentation Includes,but is not limited to published U.S. Deparbnent of Erma(DOE)reports on coal costs, Platys Coal Index, U.S. Bureau of Labor Statistics (BLS) reports on Producer Prins Index (PPQ for all commodities, U.S. Energy Information Administration WTI publications on spot crude all 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 invokes. 2. Rail and Truck f eW chmp m and changes for transfer costs require written verification from vendWs freight and transfer subcontractors, provided to the Purchasing S Contracts Division prior to initial contract term expiration of the Agreement All Rail and Truck fuel surcharges will be applied Initially on November 1,2011,subject to change in accordance with the schedule provided in Section 3.C.1 herein. 3, The City acknowledges that Contractors 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 sNecK for the month preceding the quarterly price change as calculated in accordance with Special Conditions Section 33"Pricng", heroin and utilizit Appendix S to this bid. At the end of each quarter, the Contractor will process a"true up"by comparing the actual monthly roll and buck fuel surcharges for the quarter to the roll and truck fuel surcharges Implernented at the time of the quarterly price change. Based on this comparison,the Contractor will issue the City a credit or debit that represents the variance. 4. Cost adjustments,In all cases,shall reflect only a dkvwt pass-ttwaaph W costs, and no changes to the Contractor's profit margin shall be permitted. The Clty and the Contractor may also utilise n mWlized ind Indices or McMnation of ices to be mutually agreed upon by the City and Contractor, when detemMning price increases. 4. BASIS FOR ADJUSTMENT OR REJECTION The City reserves the right to reject, at the Bkfders expense, any shipment that falls to most the specifications toted herein. The Bidder shall be given twenty-four(24) hours alter failure notification to arrange for independent laboratory analysis of one(1)tithe,stahhed samples from said shipment b. DAMAGE TO EQUIPMENT If it is determined that the Bidder has shipped a product other that that specified, resulting in equipment damage,the Bidder shall assume fuN responsibility for the cost of repairs. a. DELIVERY Bidder shall be capable of and agree to the following: 12 City of Timnarac - _ _ Purchasing end Contracts Division A. Delivery 24-hours per day, seven days per week. B. Fumish a weight certification with each shipment. Certificate shall indicate gross,tare and net weights. C. Provide a physical and chemical analysis with each delivery. The analysis shall be certified and perlorrned by a reputable testing laboratory. A one (i) pound airtight sample must accompany each shipment. D. Deliver to the designated facilities and discharge product pneumatically Into the specified storage tank. E. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until the delivery of goods to the designated City or agency location. Title to the goods shall pass to the City or agency upon delivery and acceptance. 7. INVOICING Invoice shall indicate Purchase Order number, Unit price,extension,total billed and any allowable cash discounts. 8. INSURANCE Bidders shall submit dies of their current insurance certificates with the bid. Failure to do so may cause rejection of the Bid. 9. REGULATORY COMPLIANCE The Bidder shall submit a statement that the product or chemicals added to the drinking water conforms to the National Sanitation Foundation (NSF) Standard 60 (or referenced alternative standards). 10. SECURITY The awarded Contractor shall be required to complete the"Contractor Pass Request Form"(See attached Exhibit A),with photo Identification of all personnel authorized to be on premises at City delivery sites.This form will be sent to the awarded vendor(s)with the rwtiAAcatlon of award letter. 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. All personnel shall check4n 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. Vendor shall ensure that only authorized vendor employees and/or authorized City personnel shall have access to Vendor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other Information pertaining to the City. Vendor shall not admit any unauthorized personnel onto any work site. Vendor will not release, discuss or share any Information on systems,equipment and/or operations,to any ran-City personnel. Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. The awarded Contractor shall be held responsible for complying with these procedures. 13 1 1 ' / City of Tamarac Purchasing and Contracts 01wsmu) TECHNICAL SPECIFICATIONS BID NO.11-258 FURNISH,DELIVER AND DISCHARGE OF QUICKLIME Type 1: Pebble lime, bulk must be In accordance with Standard American Water Works Specifications 13- 202-02. The following requirements and testing procedures are applicable. (A) ftift-Rds Minlmum temperature rise after three(3)minutes slaking time shall be 40 degrees Centigrade. (8) Calcium Oxide(CaO)Content Shall contain a minimum of 92%free lime. (C) Residue After Slaking Residue shall not be more than 2%by weight on 100 mesh sleve. (D) Sampling PEMdure 1. Approximately 10 pounds of lime shall be taken by random sampling during the time that each shipment is being unloaded. Material is to be immediately placed in airtight containers to minimize contact with air.This ten-pound sample shall be used for testing. 2. The sample wig be quartered and each of the four(4)quarters shall be placed in airtight containers. One quarter (1/4) will be used by the ClVe laboratory for analysis. Two quarters(2/4)will be set aside for use by the Bidder and a rebree laboratory in the event of a dispute.City will use the final quarter in the event of a dispute. (E) Testing DyWures 1. Slaking Rate As covered in AWWA Specifications, 8-202-02, Section 5.4. 2. Calcium Oxide As covered in AWWA Specifications, B-202-02, Section 5.3.2. 3. Residue Auer Staking As covered in AWWA Specifications, B-202-02,Section 5.5. (F) Two Pebble§izes Reaul�eoly to soec 1. Pebble size shall be between 1/9"and 3/B". Pebble size shall be between 3/B"and 112". 14 ` i i • i City of Tamarac Purchasing and Contrasts Division Type 2.Hi-Cain Omnuler Nme.bulk. The following requirements and testing procedures are applicable. (A) Reactivitz Reactivity per ASTM C-110: 30 Second Reactivity 20 degrees Centigrade average. Three (3) minute reactivity:shall be 40 degrees Centigrade. (B) Qalcitmt Oxide(CaO)Content Shall contain a minimum of 92%tree lime total,and a minimum of 87%available CaO, per ASTM C-26 method. (C) S¢ino: Granular product U.S.sieves size 0"x 1/80. Bulk density average of 63 lb. per cubic foot. Remainder of Page Intentionally Blank 15 1 1 • 1 . City of7amarac Purchasing Contracts Division _-----...__ _ ...-...._..._._.__............_--......_.._-•-- .. asng an -..._..._..__. ._ BID FORM FURNISH, DELIVER AND DISCHARGE OF QUICKLIME BID NO. 11-258 Submitted by: (Bidder) (Date) THIS BID SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northweet Se Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, If this bid Is accepted, to enter into an agreement with the City to perform and fumish all Work as specified herein for the Contract Price and within the Contract Period Indicated in this bid. 2. This bid will remain subject to acceptance for ninety(90)days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents requited by the City within fifteen(15)days prior to the data of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts,errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made In the Interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or roes of any group, association, organization or corporation; Bidder has not directly or Ux&octyt induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not soNcked or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown In the"Bid Form'. 4. Bidder agrees that the Work will be substantieiy perbmmed and complete in accordance with the schedules established heroin. 16 City o/ Fama+ac Purchasnxj and Contracts Division BID FORM BID NO. 11-25B (continued) We propose to furnish the following in conformity with the specifications. The bid prices quoted are certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. Rail and Truck fuel surcharges are not included on the spreadsheet below, and will be invoiced as separate line items per the requirements outlined in Section 3, "Pricing' of the Special Conditions herein. To assure continuity of supply, it Is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to award the bid on a split order basis, lump sum (preferred) or individual item basis unless otherwise stated. AGENCY DELIVERY ADDRESS ANNUAL PEBBLE PRICE FREIGHT TOTAL USAGE SIZE PER TON CHARGE COST DELIVERED TYPE 1-Pebble Lime Broward Countv Dist. 1 3701 N State Road 7 2.500 Broward Coup Dist.2 1390 NE 51 St. 4,800 1/8- C of Coral 1 3800 NW 85th Avenue Coral Sprkys 2000 1/8-3/8 Cftv of Denis Beach 1201 Striing Road Danis Beach 637 118-3/8 Town of Davie 3500 NW 76th Avenue Davie 766.5 118-3/8 Town of Davie 3790 SW 64th Avenue Davie 465.4 118-3/8 City of Deerfield Beach 290 Goolsby Blvd.-West Plant, Deerfield 1524 1/8-3/8 Beach City of Deerfield Beach 150 NE 2"a Ave. 102 1/8-3/8 City of Fort Lauderdale 949 NW 3e St.,_Ft. Lauderdale 11,500 118-3/8 P&of Hallandale 2 215 NW eth Avenue Hallandale 2176 118-1/2 City Of Holhmsw 3441 Holly-wood Blvd., HolbTeo 2,482 118-3/8 of Lauderhill 2001 NW 49th Avenue Lauderhill 1,570 3/8-1/2 CRY Of Margate 960 NW 66 Ave Ma to 2 600 118-1/2 City Of Miramar 26M SW Be Terrace Miramar 1,000 1/8-3/8 City of North Miami 12098 NW 11*Ave North Miami 1,440 1/8--3/8 City of North Miami 19150 NW 80 Ave,Miami Gardens 2,5W 1/8-1/2 Beach City Of Pembroke Pines 7960 Johnson Street Pembroke Pines 4.500 1/8-3/8 City of Pompano Beach 301 NE 12th Street Pompano Beach 2,600 118-3/8 Cft of Sunrise 4350 Sprwvtnw Drive Sunrise 3 600 1/8-3/8 C' of Sunrise 16400 Sludge Mill Road Davie 360 1/8-3/8 City of Tamarac 7803 NW Wat Street Tamarac 1.350 1/8-3/8 U.S.Water(City of North 841 NW 71"Avenue,North Lauderdale 650 118—3/8 Lauderdale I s of W . 110OWallingtonTerraos,WellingtDri 1 175 118-3/5 TYPE 2- Hi CAL Granular 3 City of HollywoodWastewater. 1621 N14th Ave Hci 5,400 Granular village of Wallington 1110OWellingwriTerrace,Wellin n 240 Granular Total Annual Tonna 97 M City of Tamarac Ptimhasng wid Contracts Division Delivery Location Special Conditions: (1) Coral Springs—Must deliver between 8:OOAM and 4:OOPM Monday to Friday ONLY. (2) Hallandale Beach — Delivery to be made by a tanker truck C 25 Tons/shipment Lime to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order. (3) Hollywood — Wastewater Plant — and Village of Wellington tJtllizes HI-Cal Granular Quicklime (Type 2). (See specification for HI-Cal Granular heroin.) Authorized Signature Authorized Signature Typed/Printed Name 18 City of Tamarac Purchasing and Contracts Division BID FORM FURNISH,DELIVER AND DISCHARGE OF QUICKLIME BID NO. 11-26B Continued Bidder's Name: NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non-responsive and ineligible for award. TERMS: % DAYS: Delivery/completion: calendar days after receipt of Purchase Order IF"NO Bp"IS OFFERED,PLEASE PROVIDE THE FOLLOWING INFORMATION: Please Indicate reaaon(s)why a Bid Proposal is not being submitted at this tkne. Return the Bid Form to avoid removal of Bidder from the City of Tornem s vendor hating. 16 1 1 ' i City of Tamarac Purchasing and Contracts Division BEFORE SUBMITTING YOUR BID,MAKE SURE YOU... ❑1. Carefully read the General Tema & Conditions, Special Conditions and the General Requirements. ❑ 2. Props fill out the Bid Form.dY ❑3. Fig out and sign the Non-CollusNe Affidavit and have it properly notarized. ❑4. Sign the Certifioatlon page. Failure to do so will result in your Bid being desmsd non. responswe. ❑5. Fill out the Bidder's Qualification Statement. ❑6. Fig out the References page. ❑7. Sign the Vendor Drug Free Workplace Form. ❑8. Fill out the List of Subcontractors. ❑9. FRI out and sign the Certified Resolution. ❑10. Submit ONE(1) Original AND TWO (2) Photocophw of your bid,clearly marked with the BID NUMBER AND BID NAME on do outside of the package. Make sure your Bid its submitted PRIOR to the deadihle. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non-responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR 810. 20 City of Tamarac Put-chasitr and Contracts Dtvismn ----------- -------------- ----- REFERENCES Plew he govermwit agw6w and0br private limns with whom you have done busirou who ulfted a own1w scope of mvbn to the Cky d Tarnerec reqL*effmft durkV the pod live Years: YourCompany Name .. ...........I-------------------------------------- ----------------------------------- Address CNY State Zip ------ ....... Agency/Firm Name: Address City State Zip .... ------- Phone/Fax Contact Name ....... Agency/Firm Name: ------ Address CRYState Zip ............ ----------- -------------------—----- --------- Phone/Fax Contact Name Agency/Firm Name: Address City State Zip ....... Phone/Fax Contact Name Agency/Firm Name: Address City State Zip ------- Phone/Fax Contact Name Agency/Firm Name: ------- Address City State Zip ...... ---------------- Phone/Fax Contact Name 21 CERTIFICATION THIS DOCLWENT MUST BE SU M=WIN THE PROPOSAL We (1),the undersigned, hereby agree to furnish the item(syservios(s)described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation for Bid, and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery at no charge to the City. Replacement by the bidder shall be made within thirty(30) days of the rejection of any products. Furthermore, the undersigned declares to have specific and legal authorization to obligate their firm to the terms of this bid, SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 8e Avenue Tamarac, Florida 33321 Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP❑ CORPORATION ❑ OTHER ❑ If"Other", Explain: Authorized Signature Company Name Typed/Printed Name 22 BIDDER'S QUALIFICATION STATEMENT Please provide the following IntrmeWn as a part of your bid submittal. Failure to provide the inf motion requested,or failure to provide accurate and owred information may result in the rejection of your trill. Name of Company Address City State Zip Telephone Fax Number 1. How many years has your organization been in business under its present name? Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former names) has your business operated?: List former address(es)of that business (if any): 4. Are you Certified? Yes ❑ No❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No❑ If Yes, attach copy of license 6. Has your company ever declared bankruptcy?Yes ❑ No ❑ If Yes,explain: 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other govemmental entity? Yes ❑ No❑ If yes, explain: (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity?Yes ❑ No ❑ If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity?Yes❑ No❑ If yes, explain: CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Tithe),a corporation organized and existing under the laws of the State of do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held Inaccordance with law and the by-laws of the said corporation. 'IT IS HEREBY RESOLVED THAT (Name)", the duly okK*od (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required,to the City of Tamarac and such odwr instruments In writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by hkralher shall be binding-upon the said corporation as its own ads and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemn'afiod and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, tides and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 20 (SEAL) By: Secretary Corporate Title NOTE; The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must dearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 24 NON-COLLUSIVE AFFIDAVIT State of ) ) ss. County of } BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT: 1. He/she is the (Owner, Partner, Officer, Representative or Agent) of the Proposer that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affient, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By Witness Witness Printed Name Title 25 ACKNOWLEDGMENT NON-COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s)who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and hokheAhey acknowledge that helsheAhey executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath,or❑DID NOT take an oath 28 City of Tamarac Purchasing&Contracts Division VENDOR DRUG-FREE WORKPLACE Preference may be given to veralOm B a aartllicallcn whh their bidlpropoeal mtfyinp they have a drug- free workplace in a000rdom with Section 207.067.Florida Statures.-nft requirement a%*all public a fill@s of the State and becomes eftedve January 1,1W.The special conditn is as fckm: IDENTICAL TZ MOB-Preference may be given to businesses vvM dWfine workplace programs.Vftmww two or more trials that we equal vAh respect to price,gudly,and service are mosrved by the ft*or by any pcillcal subdivision for to proaxxement of oamrrwcitiss or oonbaclual servioas,a bid nwelved from a business V*oeri ne to k has knplemenred a&41-tee woricplm program Ww&be given p vbrwe in the award process.Established pvcedures for processing to bids will be fdlowed ff none of Ute tied vendots have a drug- free workplace program.In order to have a fug-free workplace pnogra rn,a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, &employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. Give each employee erxjaged in providing commodities or contractual svcs., that are under bib a copy of the statement specified in subsection(1). In the statement specified in subsection (1), notify the employees that, as a condition of worker on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo cordendene to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5)days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through Implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name 27 City of'Tamarac Purchasing&Contracts Omsion SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(8), FLORIDA STATUTES,ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This swom statement is submitted with Bid, Proposal or Contract No. to the City of Tamarac for 2. This swom statement is submitted by (Name of entity submitting swom statement) Federal Employer Identification Number(FEIN) (If the entity has no FEIN, include the Social Security Number of the individual signing this swom statement: 3. My name is (Print name of individual signing) My relationship to the entity named above is 4. 1 understand that a "public entity crime' as defined in Paragraph 287.133(1)(g), Florldg Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including,but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust,fraud, theft, bribery,collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entity of a plea of gunk or nolo oontendere. fi. 1 understand that an"affiliate" as defined In Paragraph 287.133(1)(a), Florida Statutes. means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active In the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 28 • 1 1 ' 1 City of Tamarac r _ _ Purchasing d Contracts Division 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. S. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ❑ Neither the entity submitting this swom statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However,them has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final oMw.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. 1 ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLO A §IATTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (Date) zs - - City of Tamarac. Purchasing&Contracts Division ACKHOMEDGMENT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s)who appeared before notary) Whose name(s) is/are Subscribed to within the instrument, and he/sheithey admowledge that he/shetthey executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or 0 Produced identification: (Type of Identification Produced) 0 DID take an oath,or❑ DID NOT bike an oath ----30 APPENDIX A CONTRACTOR PASS REQUEST Vendor Name: Vendor Address: Vendor Contact Name: Vendor Contact Phone Number: List of Contractor Employees Requiring Entry to Facilities (Attach copy of Picture Identification for all persons listed) Name Work to be Performed APPENDIX B 2011 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 customers 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 US Average Diesel Prim published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the(blowing website: jig;/f ,dgg.g&t"info/wnhdnldiesel detall rmrt combined aso • Percentages change.5%for every$0.05 per gallon price charge DIESEL FUEL PRICE FS= We 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% $3.46 17.50% $2.25 5.50% $3.50 18.00% $2.30 6.00% $3.55 18.50% $2.35 6.60% $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% 32 SAMPLE FORM AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this day of 20 by and between Me City of Tamarac, a municipal corporation with principal offices located at 7526 N.W. 88th Ave., Tamarac, FL 33321 (the'CITY")and - a corporation with principal offices located at (the "Contractor')to provide for Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1)The Contact Documents The contract documents consist of this Agreement, Bid Document No. 11-25B, '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 alter execution of this Agreement; and Contact Exhibit A, which is a schedule of delivered pricing for individual delivery locations. These contract documents form the Agreement, and aA 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. 11-25B, "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 11-25B, 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, Defacer and Discharge Quicklime in accordance with the Technical Specifications, terms and conditions contained in Bid Document 1125B, "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 1rt the operation of equipment and in the performance of the work. Contractor shall at all tines 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. 2.1A Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 11-25B),with photo identification of all personnel authorized to be on premises at City delivery sites.This form will be sent to the awarded vendor(s)with the notification of award letter. 2.14 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, -�._...-----------— 33 within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor,Pass Request Form. 2.1.8 AN 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 shah have access to ContrectwMity vehkies, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Contractor shall not admit my unauthorized personnel onto any walk 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 promises, all personnel shah 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 inclkding,but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shah maintain such insurance in full force and effect during the No of this Agreement Contactor 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 tern 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. Conti 's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4)Term The tern of this Agreement shall be for an initial three (3) year period, beginning November 1, 2011 through October 31, 2014. The City reserves the right to renew this Agreement for three (3) additional one (1) years periods subject to the Contractor's acceptance, satisfactory pwbnT roe and determination that renewal will be In the best interest of the City. 6)Contract Sum The Contract Sum for the above work for enWJes listed in Contola Exhih#A (UNIT PRICING PROVIDED IN BID) shall be based on delivered cost per ton. The Contract am includes all labor, materials and freight charges for the job also known as Bid No. 11-258, 'Furnish, Deliver, and Discharge Ouicklirne" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Exhibit A. All Terms and Conditions, except product price, freight, bmsfer, and rail and tuck fuel surcharges shall remain firm through the term of the contract, Pricing shown in Contract Exhibit A, shall be firm for the initial contract period from November 1, 2011 through December 31, 2011, Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3,'Escalation/De- escalation"shown herein. 5.1 Contract Pricing shell be based of delivered cost per ton.The Contact sum inckxies aN labor, materials and freight charges pricing shall be firm for the Initial contract period from November 1, 2011 through December 31, 2011. Pricing charges will thereafter be allowable on a quarterly basis in accordance with Section 3.C, 'Escalation / De- 34 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 caller'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 bit submittal in the area PPS provided in Appendix B herein. P 5.2.3 Truckino Surcharge-The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendix 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 Appendix B as 6 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: httpJltonto.ela.doe.govloggAntolwohdcldWW detail report combined.asp 5.3 Escalation/ga: scalation: 5.3.1 The City will accept price adjustments on a quarterly basis on January 1'r April I*, July 1'r and October 1'd 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 all 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 verification from vendor's freight and transfer subcontractors, provided to the Purchasing & Contracts Division prior to Initial contract term expiration of the Agreement. All Rag and Truck fuel surcharges will be applied initially on November 1, 2011, subject to change in accordance with the schedule provided in Section 3.C.1 herein. 5.3.3 The City acknowledges that Contrectior's rail and muck 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 Appendix B to the original bid#11-258. At the end of each quarter, the Contractor wig process a 'true up' by comparing the actual monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel surcharges implemented at the time of the quarterly price change. Based on this comparison, the Contractor will issue the City a credit or debit that represents the variance. 5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass-through of costs, and no changes to the Contractors profit margin shall be permitted. The City and the Contractor may also utilize recognized govemmentflndustry Indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining Mice increases. 8)Payments A monthly payment wig be made for work that is completed, accepted and properly invoiced. The City shah pay the Contractor for work performed subject to the specifications of Bid 11-258. Ail payments shall be governed by the Local Government Prompt Payment Act, F.S., Part Vll; Chapter 218. 7)CONDITWNS OF MATERIALS AN meWials and pnoduds supplied by the Bidder in conjunction with this bid shag contour to the spealicsgons of the bid.The City reserves the right to rM m the product to the Bidder and require fire delivery of new pnoiko at no cost to the CRY. 8)Indemnification 8.1 The Contactor shall indemnify and hold harmless the City, its elected and appointed officials,employees,and agents from any and all claims,sub,actions,damages,lismily. and expenses(including attorneys`fees)in connection with loss of No. bodily or personal injury, or property damage, Including lose 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 damsge 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 shag 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 mason, the terms and conditions of this Article shall survive indefinitely. 1. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemniiicstions including, but not Willed to, reasonable attomey's fees (hckrding appellate ailomey's gees) and costs. 11. City reserves the right b select its own legal counsel to conduct any defense in any such proceeding and all costs and fees wAocleted therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 Nothing Contained herein is intended nor shall be construed to waive City's rights and immunities under the cornmon law or Florida Statutes 768.28, as amended from time lo time. 9)Non4)WAmi wOw&Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against arty employee or applicant for employment because of race, color, sex, religion, age, national origin, rrmerital status, political affiliation, familial status, sexual orientation, or dlsabglty 9 qualified. The Contractor will 30 take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting offloer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that 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 FeIr Labor Standards Act rrtinimum 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 Contracts funds provided for herein. The Contractor agrees that it Is a separate and independent enterprise from the City, that ti 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 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 Clty. 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 Cgy Attomey at the following address: Goren,Cherof,Doody&Ezrol, P.A. 3099 East Commercial Blvd.,Suite 200 Fort Lauderdale,FL 33308 - ------ ..,..._,._-.._ -- ._.. - -- _._.. — 37 CONTRACTOR 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 lerminstion 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 Agmernent shah 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 shag be considered to be In default of this Agreement If delays in or failure of performance shag 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 meen any event which results in the prevention or delay of performance by a party of fts obligations under this Agreement and which is beyond the fire,reasonable control ofp�rminil ,the non . It includes but is not limited tore, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. %2 Neither party shall, however, be excused from performance If nonperformance is due to feces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the emcerase 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 describi "the circumstances and uncontrollable forces preventing party nil graven nil continued performance of the obligations of this Agreement. 13)Agreement Subject to Funding This agreement shag 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 Tarnanx 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 shag be governed by the taws 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 shag provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18)Severabillty;Waiver of Provisions 38 II t 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. 39 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 duly authorized to execute same. CITY OF TAMARAC I Bushnell,Pamela Bus Mayor Date ATTEST: Michael C.Cemech,City Manager Peter M.J. Richardson,CRM, CIVIC Date City Clerk Approved as to form and legal sufficiency: Date City Attorney Date ATTEST: Company Name Signature of Corporate Secretary Signature of President/Owner Type/Pdnt Name of Corporate Secy. Typaftnt Name of President/Owner (CORPORATE SEAL) Date CORPORATE ACKNOWLEDGEMENT STATE OF SS COUNTY OF 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 ,of a 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 Signature of Notary Public State of Florida at large Print,Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced identlflcatlon Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 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Y J B � � � � � 8 L�U t s� ssa o `06 ?58158st15 t w 0 o s .hoist North America i t_hoist Groin My 14, 2011 Mr. Keith K. Glatz, CPPO Purchasing and Contracts Manager City of Tamarac 7525 NW 88"' Avenue Tamarac, Florida 33321-2401 Dear Mr. Glatz, This letter is in accompaniment of our proposal to provide various lime products to Tamarac and the members of the Southeast Florida Purchasing Cooperative relative to your Invitation for Bid, designated"BID 11-256". Lime Base Prices ("Price per Ton"column) and Freight Costs (rail, transfer,and truck freight combined in the"Freight Charge"column) for Tamarac and the members of the Purchasing Cooperative are shown on the second page of the Bid Form, Page 17 of the Bid Documents. Rail and truck fuel surcharges are applied in accordance with the provisions of the Bid Documents and are also included in the"Freight Charge"column. The Price Change Formula is included with our submittal as Attachment A, and we have added the Rail Fuel Surcharge Policy to Appendix B as instructed. The Base Prices for lime used in the Price Change Formula (Attachment A) are presented on the second page of the Bid Form (page 17) in the"Price per Ton"column. Our Proposal provides pricing for lime effective November 1, 2011, firm through December 31, 2011. The Proposal then provides for an initial quarterly price change effective January 1, 2012. Prices would change quarterly thereafter in accordance with Attachment A and other procedures included in the bid documents. Thank you for sending LHOIST/Chemical Lime your request for bids. We are planning to attend the bid opening to be available to answer any questions you may have relative to our submittal. As always, your business is appreciated at LHOIST/Chemical Lime. Very truly yours, LHOI /Ch mi me Company, LLC 4ihn L. Thompson Attachments(3) Franklin Industrial Minerals 9020 Overlook Blvd„Suite 200 Brentwood,, I N.37027 Phone 615 2594222 s 1 ' 1 of Tworec _ __._ Aad�sAir�ar�d Ganh»cAe DiWrion BERM SUIMMTTM YOUR IND,MAKE WME YOU... Q 1. COO* read to c3an M TVms & CMWJNM, SPwW CWWMM and 00 t WOW 02. ProPWV 0 out nut+Bid Fenn. ®3. FIN art and sign iho[rott4000NO AWAWA and hew it Properly ndarlsed. 104. ftn the CWWIOWM POO& FNlurs to dO 60 W M nand! In your Bid bsft dssmd non- resiwnshrs. 5. Fiq out OR BlAdeft QusiM MWM ft%" nt. ©6. FM out f?ts RefsnitO N POW 97 ftm Mte Vendor D"Fns Wol"m Faro. ❑✓ & FM out the Lht of Euboontrastoa. Cz M. FNI out and sips the CwWled ihsolsdlat. 010. BubaMt ON!Ct1 OuliMhtai Ate TMMO M Phoi000pies of your bid,dserifl atsMosd wNM the BAD AND BID MWE at tits ONI Mde of the Paolustpe. Make sun ym Bid a submkbd PAEOR to ale dw m 91 Lob ews wM 0 be asospted. Fdums to P wAft the requaded a I ""Hi is may insult in your bid behp dserned rtort-rssponoiva. THid SHOULD Dtf THE MRIT PAGE OF YOUR M. 20.. INVITATION FOR BID Y� ,1T 1 1 The City For Your Life BID 1 '1 -2 B FURNISH, DELIVER & DISCHARGE OF QUICKLIME Issued on behalf of the Utilities Department City of Tamarac Purchasing & Contracts Division 7525 NW 881h Avenue Room 108 Tamarac, Florida 33321-2401 (954) 597-3570 SUBMIT BID TO: PER CITY or TAMARAC PURCHASING AND CONTRACTS DIVISION t : t 7525 NW 138`"AVENUE TAMARAC, FL L 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement 13ID NO.: 11-26B 810 TITLE: Furnish, Deliver and Discharge of Quicklime BID OPENING DATEITIME, JLIIy 21, 201'1 at 2:00 P.M. EDT BUYER NAME: Keith K. Giatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL; keithg@tamarac.arg PRE-BID CONFERENCEISITE INSPECTION: Not Applicable to this bid. BONDING: Not required for this bid. GENERAL.CONDITIONS THESE IN5T(tucmNS ARE STANDARD FOR AI,L 134)S FOR COMWSO61TIESISERVICES ISSUED BY THE CITY OF TAMARAC.THE. CITY OF TAMARAC MAY DELETE,SUPERSEDE OR MODIFY ANY OF TI-IESE STANDARD INSTRUCTION$FOR A PARTICULAR BID BY INDICATTNL3 SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS, IN THE SPECIAL CONDITIONS OF THE 911). OR IN THE; SPECIFICATIONS/STATEMENT OF WORK. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL t.ONDITIONS SHALL PREVAIL OVER THESE GENERAL.,CONDITIONS AND ANY CONFLICTING PROVISION WITHIN ANY VENOOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY I.ANGUAGF IN VrNI?OR'5 DOCUMENTATION TO THE CONTRARY_ SEALED BIDS THIS FORM SHOULD 13E EXECUTED AND SUBMITTI-:D WITH ALL BID FORMS IN A SEALED ENVELOPE, THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE 131D TITLE. BIDS NOT SUBMITTED ON THE- A9TACNED BID FORM MAY BE DEEMED NON-RFSPONwE, ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.THOSE BIDS THAT DO NOT GOMrsLY WITH THESE CONDITIONS MAY BE DEEMED NON-RESPONSIVE. BIDDER COMPANY NAME: Chemical Lime Company of Alabama, LLC COMPANYADDRESS: 4720 Cleveland Heights Boulevard, Ste 203 Lakeland F COMPANY PHONE: 877-644`901 0 NAME OF AUTHORIZED AGENT: John L. Thompson TITLE OF AUTHORIZED AGENT: Florida Sales Manager AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMB _Rffl80 SIGNATURE OF AUTHORIZED AGENT: f Qy of Tamarac Mirchasing and CoWnWs Maw) BID FORM FURNISH,DELIVER AND DISCHARGE OF QUICKLIME 510 NO.11 258 submitted by: Chemical Lime Company of Alabama, LLC 07/14/1 1 (Bidder) (hats) THIS BID SLISWTTED TO: CRY of TamaracPurchasing and _ ger 752 NS ortwest 8e Avenue Tamerac,Florida 33321 1. The undersigned Bidder proposes and agrees, 0 this bid is accepted, to enter Into an agreement with the City to perform and famish d Work as spscW herein for the Contract Price and within the Contract Period Indio d In this bid. 2. This bid wW remain sub)ect to acceptance for ninety(90)days after the day of bid opening. Bidder wB sign and submit an agrearrad with the necessary doarn>anb required by the City wNhfn Mfaen(15)days prior to the dale of the City's Award. a) Bidder has fmgie rhmd itself with the nature and extent of the contract documents, WAY, and aN local conditions and Isws and r+eguiatbns that in any menner may effect cost,progress, perkwmance or fumisidng of the Work. b) Bidder has given the City widen notice of all oonificte,snore or discrepancies that N has discovered in On conbW documents and the wrWm resohMon thereof by the City is acc eptdde M Bidder. c) This Bid Is genuine and not made in the Interest of or on behalf of any undisclosed person, Mrn or corporation and is not submitted in aon1brmity with any agreement or rules of any group, association, orgarci Mon or corporadar Bidder has not dit*or IndireCNy Induced or naliclin any other Bidder to sum a hYe or sham Bid; Bidder tugs not a klbd or induced any person,turn or corporation to refrain from bidding; and Bidder has not sought by cola u ion to obtain for belt any advemtage over any other Bidder or over the City. 3. Bidder wlfi compisk the Wait for the pdm shown in the"Bid Farm". 4. Bidder eg so that the Work wIN be substantially perfonred and compiele in accordance with the schsdula estebNshed herein. 18 P r• - Ghr of l00WISC PumhAmig W Cat ods Ol+nsb7 BID FORM 811J NO. 11-258 t3 We propose to firmish the following In cwftmlity with the II)MMoations. The bid prices quoted we csrtifled to be correct. Said press are fixed and firm and shall be paid to Bidder for the sucoessful completion of Its obligation as specified in the contract docunw ft Rail and Tnbk fuel surdW roes are rat Included onto spreadalwat below.and will be krvoleo n separafe*w Items per the requ trennents outlined In Section 3, "Pricing'of the Special Conditions herein. To to lowest responsible assure anr>thxr of w #b the inert of the C award this bid to the pvnst save . tiY PpIY ity and responsive bidder. The City reserves the night to award the bid on a split order bath,hntp scan (prefenso or Ind'widuel Item basis unim oftwise stated. AGENCY OEL(VERY AD MESS ANNUAL POOLE PRICE FREIGHT TOTAL. USAGE KIM PER TOM CHARGE COST DELIIIIERED 1-Pebble Lena 8rowend Cou Gist 1 3701 N 81ab Road 7 600 f/8"318 91 .1 229.8591 .1q229.85 Broward Cou Dist.2 1300 HE 51 SL 4 8W f -3M 38,75 of Conti 1 3800 NW edttr Ave Coral 000 1/d-3/8 91 .1 2 2 9.8 5 Of Denim Brach 1201 Beech 837 118-318 91 .10 2 29 awn of Davie 3WO NW TO Avenue,DsvN 78d.5 118-318 138.75 91 . 10 - 2.29.85 own of Davis 3790 SW 641h Avarua Davis 406.4 1/8-318 138.75 91 .10 229.85 City of Dom Id Beech 290 Goohby Blvd.-Wad PkK Desrlldd 1624 1/8-3/8 138.75 91 .10 229.85 Beach of Deerfield Beach 150 NE Ave. 102 IM-318 138.75, Cgy of FortLaudardais go NW 3e St FtLaurdado 115W 1/8-3/8 138.75 of Fleliandale J& 218 NW 8th Avenue Hafbrudele 217d 1/8-1/2 138.75 1 of 1 Blvd. 248Z 118-318 38.75 91 1 229 85 of Lauderhill 2001 NW 49th Avert Lw dwW 1570 318-1/2 13 8.75 91 .1 2 29..8 5 Of 980 NW 6C As mesa 2.800 118-1/2 138.75 Of Mkarnar 20M SW Se Terrace Mlranrr 1000 1/8--3/8 1.38.75 C of North Wwnl 12098 NW 119'Ave North MWd 144o U8-= 138.75 91 .9 2 3 0.6 7 fly of North Miami 19150 NW e Ave,Mlemi Gardens Z500 118-112 138.75 91 .9 230.67 Of PerNrroke Pines 7980 Johnson Pembroke Pines 4 500 1/e-318 38.7 5 91 1 229.85 of . Beech 301 NE 12th Beech doll - 1/e-3/e 138.75 91 .1 229.85 of Bun 4360 tynlve Sunda 3 d00 1/8-318 138.75229.85 of Bun low S IA ft w 300, 1/e- 138.75 off Te NWe1at amarso 1360 1 138.T5 91 .1 229.85 U.S. (Cky of North&1 NW 71 Avenue,North Lvxbm%le 880 1/8-316 138.75 1 1 olVdIrge 1100 ton Terrace 1.175 1/8-3/8 138.75 101 TYP112- 1S CAL Granular s Of tsweler,1521 N14th Ave 400 Gmnu w 138.75 12 6.8 2 6 5.6 4 of Will ion 1100 n T Granular T 12 2 0 260.80 Toll Annual T 57 City of Tamarac Purchasing and Contracts Orvismn ............. ...... Delivery Location Special Conditions: (1) Coral Springs-Must deliver between 8:OOAM and 4:00PM Monday to Friday ONLY. (2) Hallandale Beach - Delivery to be made by a tanker truck Q 26 Tonstshipment. Lime to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order, (3) Hollywood - Wastewater Plant - and Village of Wellington Utilizes Hi-Cal Granular Quicklime (Type 2).(See specification for Hi-Cal Granular herein,) Authorized Signature Aq"zed Signature John L. Thompson TypedlPrInW Name i l i � City of Tw mrac Purch*AV and►Coru►aas Dl &w) BD FORM FURNISH,DELIVER AND DISCHARGE OF OUICKUME BID NO. 1126E Continued Bidder'$Name: r-hwmi r_w 1 Lima Com gwng of &In &M ;r LLC NOTE: Bid subnftmb wWwW the manual dgrature of an authorbed @gent of the Bidder stab be deemed non-responsive end Ineligible for award. TERMS:_ „0 % DAYS: 30 Delivery/aompleion: 2 cdsndar days after receipt of Purchase hale Order IF"NO BID"IS OFFERED,PLEASE PROVIDE TFE FOLLOWING INFORMATION: Please lmdlcale naon(s)why a Bid Pmpasai Is not being submitted at this tone. Return On Bld Fomt to evold removes of Bidder from ea CUy of Tan arm's vendor listing. NA 10 1 1 ' 1 City of Tamarac lAww flrrdasmg and'Conlracrs ) REFERENCES Pl ew Nt gw4ow M agendw andbr pdvift time wph whom you hers dons bu*l who utfinad a shaft scope of wvim t4 do My ofTsmsraa requhsmsnU du*V the pat in years: Your Con*any Nona -Chemical Lime C__omnany_of-Alabama�___LLC_�,� Address 4720 Cleveland He hts Blvd_ Suit--- 203 CNystmZip Lakeland., Florida 33813 Agency/Firm Nome: Cif of-Naples Address 7. 5_. tk�. t� trir...._,. ..............,....................-- - --. ... CRYSh" �+ ?7. a. .> �.srrai.spa.. 4a_Q�.....-----------.._..._..........---- PhondFax 239 21 -77Ql..._._._...._..._.....----....__...._...--.........._......_....�-- Canted Nome Janiee...Y.ermillion CPPB..._._.... Agency/Firm Name: -Palm.•BOach County.....- ........ Address Cly sate 23P ..No st._.P.alm_Beach f...F.lor.ida-33.4.15__............_. ................ Phone/Fax ._5.61-6.1b�.6$D.O.... . . Canted Name 'Z'ai>9�sY_ ._....................... Agency/Firm Norm: txj tyg ..Makel�ltd........_........-.... __. Address 1501 West Bella.Vista_Sirrggt CRY State Zip Lakeland Florida 33805___— Phone/Fax �863-834-6750 _ - Contact Name Don Hardies Agency/Firm Name: City of OrlandoAddress :�__..._._ .._....._._.......__ 75,I��i,��., . t ._ �G� _..... __.. .._......,......... CRY"Stain Zip Qx.latado�...�.1 nri.da...3�.?.65........_................. .._._.. - PhonerFox Contact Noma Da? e...� d .. _.._...._,_..___......_.._...___.. Agency/Firm Name: Ci.. y. of .triaxco..Xsland_ .. Add"M -50 Bald Eagle Drive CRY State Zip MarcQ_.�rla{�cl,...,.F'lor da.--3,4145_......... Phone/Faxw54UL....................._...........................-�.__...._..---_.. Canted Name 21 CERTIFICATION THIS DOCUMENT MUST 99 SUBMITTED KITH THE PROPOSAL We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation for Bid, and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery at no charge to the City. Replacement by the bidder shall be made within thirty(30) days of the rejection of any products. Furthermore, the undersigned declares to have specific and legal authorization to obligate their firm to the terms of this bid, SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 881"Avenue Tamarac, Florida 33321 Indicate which type of organization below: INDIVIDUAL❑ PARTNERSHIP❑ CORPORATION ❑ OTHER If" Zj'm LLC Limited Liability Company Chemical Lime Company of Alabama, LLC A thorized Signatuiet Company Name John L. Thompson Typed/Printed Name 22 SODEMS QUALIFICATION STATEMENT Pbm p a dde the bftwbV bdbmm dbn n a part of your bid au m tat. FWk a to MMft tha Intom Aw ramu dmi or fekn to pmW&mcmaWe and correct IhiOimMtan may roa101 fn the nyecMon of yow bid. Name of Company Chemical Lime Company of Alabama, LLC Address 4720 Cleveland Heights annlevarA,UP 203 City State Zip Lakeland, Florida 1381 3 Telephone 877-644-9010 Fax Number 863-644-9030 1. How many years has your organization been in business under its present name? 60+ Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: NA 3. Under what former name(s)has your business operated?: NA List former address(es)of that business(if any): NA 4. Are you Certified? Yes[l No❑ If Yes,attach dopy of Certification 5. Are you Licensed? Yes E) No❑ If Yes, attach copy of License 8. Has your company ever declared bankruptcy?Yes ❑ No If Yes, explain; NA 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer of the commodities/services bid upon? 8. Have you ever received a contract or a urchase order from the City of Tamarac or other governmental entity? Yes El No If yes, explain: (date, servicatproject, bid We etc.) Centraet fnr t1L-"Furnish. Deliver & ninkchkrge of Quicklime" from 2006 to present_ , 9. Have you ever nx:eIved a complaint on a contract or bid awarded to you by any governmental entity?Yes❑ No®if yes,explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity?Yes❑No® If yes, explain: 23 ONLINE CER11FICATiONS DIRECTORY Search results You may choose to Refine YollL�.rarh. Company Name Category Name Unk to File CHEMICAL LIME CO I Drinking Water Treatment Chemicals FPP„1%—N8V1PQ Model number information is not published for all product categories. If you require Information about a specific model number, please contact Custgmer,Service for further assistance. Qpy(ight_CL201.1_Underwriters I.abaratories Inc. • CITY OF LAKELAND 2010-2091 BUSINESS TAX RECEIPT Businaaa Tax Oft@,228 S Massuhumn Ave.,Lak*WW,FL 33VI THIS BUSINESS TAX RECEIPT EXPIRES SEETEM13ER 30,2611 RECEIPT N_Q 00270 ACCount Number: 1332840 Amillowasimaudom can Qwaft Woftm 2 BUSINESS OFFICE 300D 1 Srgwn Footapr. 1300 Fee: 104.76 4720 CLEVELAND HTS SL A120:i YMa kninm tm moWo dow nd pwdl dM Wdw b g In l�� .. vhi111A ohny C*l w,w-&w s or npdadon Mr dwres in boaMon ar ow umW Ord to opnyAd by Ow COy 9u*tm Tax CHEMICAL LIME COMPANY OF'ALO SAMA INC Roes" sworn okilm a m"nMrla11 YNa ambou To DAVE RE LLY,CEO Roodp dbaswotMORW ran"m°n""uwOP0 W 4720CLEVELANDHTSSLOW =lt�n o dit-m— wlha�tlw� LAKELAND,FL 33813 RECEIPT MUST BE CONSPICUOUSLY DISPLAYED IN YOUR PLACE OF BUSINESS VALID ONLY WHEN SIGNED PLEASE SEE ATTACHED. CERTIFIED RESOLUTION I (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of _ , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held inaocordanoe with law and the by-taws of the said corporation. "IT IS HEREBY RESOLVED THAT I (N►meY, the duly elected (nle of Offloer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, If such bond is required,to the City of Tamarac and such other Instruments in wdit as may be nomsW on behalf of the sold corporation; and that the. Bid, Bid Bond, aril other such instruments signed by him/her shall be binding'upon the sold corporation as its own ads and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected In relying upon such certification of the secretary and shall be Indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further oertffy that the above resolution Is in force and effect and has not been revised,revoked or rescinded. I further certify that the following are the name, titles and official signatures of those penwe authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 20 (SEAL) By: Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate,Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must dearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 24 Lhoist North Ameidca w�f Lhoisr Group July 15, 2011 Mr. Keith K. Glatz Purchasing and Contracts Manager City of Tamarac 7525 NW 88m Avenue Tamarac, FL 33321 Re: Chemical Lime Company of Alabama, LLC/Chemical Management Co., Inc.Signature Authority Dear Mr. Glatz: Please accept this letter as authorization for Mr. John Thompson, regional sales manager of our company, to sign documents on behalf of one or both of the referenced companies in connection with City of Tamarac Bid No. 11.25E entitled "Furnish. Deliver and Discharge of Quicklime." If further confirmation is required, please contact the undersigned. Very truly yours, i 4, ,k 6, 8,L, Kenneth E. Curtiss Secretary cc: Mr. John Thompson Chemical Lime Company of Alabama, LLC P.4, Box 985004, Fort Worth, Texas 76185-6004 3700 Hulen Street,Fort Worth,Texas 76107 Phone:(817)732-8164 (800)365-6724 Fax:(817)377-3107 CERTIFICATE OF INCUMBENCY The undersigned, Kyle Kolde, hereby certifies that he is the duly authorized and acting Vice President and Chief Financial Officer of Chemical Management Co., Inc., a Nevada corporation, and of Chemical Lime Company of Alabama, LLC, an Alabama limited liability company, and further hereby certifies that, on the date hereof, the individual identified below holds the office set forth opposite his name for both the said Chemical Management Co., Inc. and Chemical Lime Company of Alabama, LLC, and the signature set forth opposite the name of such individual is his genuine signature. Name Office Signature Kenneth E. Curtiss Secretary C • This Certificate of Incumbency is being provided to the City of Tamarac, Florida in connection with Bid No. 11-25B entitled "Furnish, Deliver and Discharge of Quicklime." IN WITNESS WHEREOF, I have hereunto subscribed my name as of the 15t" day of July, 2011. By: Kyle Kold ice President and Chief Finan dal Officer NON-COLLUSIVE AFFIDAVIT State of Florida SS. County of Folk ) John L. Thompson BEING FIRST DULLY SWORN, DEPOSES AND SAYS THAT: 1. He/she is the Florida Sales Manager (owner, Partner, Officer, Representative or Agent) of Chemical Lime Company of AL, LLC the Proposer that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any ether Proposer, firm, or person to submit a collusive or sham Proposal In connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Wit I A d J,�l� i h By Q-t t� C J titin L. Thomason Witness' ' Printed Name Florida. Sales Manager Title 25 s ACKNOWLEDGMENT NON-COLLUSIVE AFFIDAVIT State of Florida County of Polk On this the 14 day of July , 2011 , before me, the undersigned Notary Public of the State of Florida, personally appeared John L•= Thom2son and (Name(s) of individual(s)who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTART PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: Elizabeth A. Hart (Name of Notary Public: Print, Stamp or Type as Commissioned) usrureee _ avABIlKAAW M 17,M3 0 Personally known to me, or 1 mmno1o�� ❑ Produced identification: (Type of Identification Produced) ® DID take an oath, or 13 DID NOT take an oath 26 � I t Croy of Tamarer, Purchasing a Contracts ows n VENDOR DRUG-FREE WORKPLACE preference may be given to vendors submitting a certiftcalion with their b'ul/proptxcal cerillying they have a drug- tee workplace in accordance with Section 287.087,Florida Statutes.This requirement skcts W public entities of the State and becomes skeliive January 1,1991.The special condition is as follows: IMTICAL'TIE.BIM-preference may be given to businesses with dwg-free workplace programs.Whenever Wm or more bids that are equal with respect to price,quality,and service are received by the State or by any political subdivision for fha procurement of comrrtoditles or contractual services,a bid received frorn a business that ceriifies that it has implemented a drWfrea workplace pragram shall be given preference in the award process.Established procedures for processing tie bids will be followed If none of the tied vendors have a drug- free workplace program.In order to have a drug-free wo*ptace program.a business shall: Publish a statement notifying employees that the unlawful manufacture, distrlbution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for viotations of such prohibition. Inform employees about dangers of drug abuse in the workplace, the business's policy of maintaining a drag-free workplaw, any available drug counseling, rehabilitation, &employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing commodities or contractual sves., that are under bid a copy of the statement specified in subsection(1). in the statement specified In subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to,any violation of chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring In the workplace no later that five (5)days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who its so convicted. Make a good faith effort to continue to maintain a drug-free workplace through 'mplementation of this section. As the person authorized to sign the statement, I cattily that th' o lies fully with the above requirements. Chemical, Lime Company of ALrLLC Au orized Signature Company Name 27 i ! � 1 Pu 6 Cw*am OWskin Cit_yatramsrecr SWORN STATEI11111!NT PURSUANT TO SECTION 2117.133(JK8), FLORM&STAMM ON PUBLIC ENTITY CRAB THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This room statement Is sutxnkted with Bid,Proposal or Contract No. 11-258 to the City of Tamarac for Furniilih 2211yer6 a DivinhArgg of� Qjij kLi " 2. This sworn statement le subrnMed by Chemical Lime Company of AL, LLC (Name of entky submkdrg swom statement) Federal Emooyeridentklcatlon Number(FEIN) 63-1002780 (If the entity has no FEIN, Include the Social Security Number of the Individual sod, this sworn sbtement: 3. My name Is John L_ Thompson (Print name of Individual signing) My rebtbnship to the entky-named above kr Florida sales Manager 4. i understand that a"public entity crime' as daiined in Paragraph 287.133(1)(g). Bode Statutes means a violation of any state or federal law by a person wkh rasped to and directly related to the tray mmW of business with any public entity or with an agency or political subdivision of any other state or with the United States, Including,but not limited to, any bid or contract for goods or samloss, any base for real property, or arty contra t for the con*ucdon or repair of a pubic building or public work, Involving antlhtret,fraud, thek bribery,collusion,racketeering,conspiracy,or material mbreprseentation, S. t understand that "convlc bW or 'cosmic W as defined In Paragraph 287.133(1)(b), Florida Statutes. moans a finding of guilt or a conviction of a pubko entity ortme,with or without an acquccation of guilt, in any federal or state trial court of record m ioting to charges brought by Indk2rnent or information after July 1, IWO, as a result of a jury vercK noryury trial,or entity of a plea of gunk or nolo contenders. 6. 1 understand that an"afAkate"as defined In Paragraph 287.133(1)(e), Florida Stafies, means: a. A predecessor or successor of a person c omfted of a pubkc entity crime:or b. An entity under the control of any natural pwson who is active in the management of the. entity and who has been convicted of a public entity crime. The berm "aAtllaW Includes those offioers, directors,. executives, partners, shareholders, employees, members, and agents whc are active In the management of an aMiiiats. The erson owner by one p of shares constttut hg a controlling-interest In another person,or a pooling of equipment or Income among persons when not for fair market value under an arrrt's length agreement, shall be a prima We case that one person controls another person. A person who has been convicted of a public entity crime In Florida during the preceding 38 months shah be considered an effille 28 City of Tamarac Purchasing d Conlracts Division 7. i understand that a "person" as defined In Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) 0 Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity sulmhitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active In the management of the entity or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) 1 UNDERSTAND THAT THE SUBMISSION OF THiS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR iN WHICH IT IS FINED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT iN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN'SECTION 287.017, FLORIDA §TATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Qom_ (Signature) July 14, 2011 (Date) 29 1 1 ' City Of larnamc Purchnso,49 Conlrarts Divisio" ACKNOWLE129MEN,T State of Florida County of Polk On this the 14 day of July 201, before me, the undersigned Notary Public of the State of Florida, personally appeared John L. Thompson and (Name(s)of individuals)who appeared before notary) Whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it, WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEWIM: AFWit -� Elisabeth A. Hart EgWft ', ' (Name of Notary Public: Print, , Stamp, or Type as Commissioned) U Personally known to me, or Q Produced identification: (Type of identification Produced) ® DID take an oath,or© DID NOT take an oath 30 APPENDIX A CONTRACTOR PASS REQUEST Vendor Name: Commercial Carrier Logistics' LLC Vendor Address: ,SQ2 Fast Sri ftay-g Avanna Anhurndala., FT. AIR21 Vendor Contact Name: Frank Power, Vice President Sales_ V`Marketina Vendor Contact Phone Number: 863-967-1100 x 6§14 List of Contractor Employees Requiring Entry to Facilities {Aftch copy of Pk 9urs Identification for all persons listed} Name Work to be Performed it It Nathan Eugenia n n u it n u it Glamor al I I am Domin n n ...... . ........... ..... ...............31_.._...................... ................._.................... ..__,.�... APPENDIX 8 2011 TRUCK FUEL SURCHARGE SCALE Truck Fuel Surcharges are a peroertrrge of the buck ffelpht rife For product nravenrert from the bidder's dbbrfbuftbn o+rl*to the customer's sloe. Truck Fuel Surcharges are subject bo dwo quwtwltr. • The peraenbepe of this Mo"Truck FW Surcharge b aompubed by debenerlrrNg tre Depw meat of Enwgft US Average Mad Price pubMshed on the 3rd Monday of the last morkh of the quarter. WE Dlesd Prim may be bond et the fdb Mng Mbsfbe: • PereentmW charge 3%for every$0.05 per galbn price change DIEM FUEL PRICE F4'S s%OF DIML FUEL PRICE FS-%OF NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERME PREM"T RATE 11.75 0.00% $3.00 13.00% 1.80 1.00% 3.05 13.50% $1.85 1.50% $3.10 14.00% 11.90 . 2.00% OJ5 14.50% $1.95 2.50% $3.20 15.00% .00 3.00% $3.25 15.50% $2.05 3.50%' $3.30 18:00% .10 4.QO% $3.35 18.50% .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 8.50% 3.80 19.00% .40 7.00% $3.65 19.50% $2.45 7.50% $3.70 20.00% .50 8.00% $3.75 20.50% .55 $.50% $3.80 21.00% 2.60 9.00% $3.85 21.50% $2.85 9.50% $3.90 22.00% 2.70 10.00% $3.95 22.50% .75 10.50% .00 23.00% $2.80 11.00% .05 23.50% 2.85 11.50% $4.10 24. 2.90 12.DD% $4.15 24.50% $2.95 12.50% $4.20 25.00% 32 MEMO Chemical Lime e ia&cntW caw To: Oliver Booth Lo$isticsc Phan:(205)402-M.1 CC: Pam Rage Date: Feb 26, 2010 John Thompson Elizabeth Hart From: Carleen Schaefer Ref: Logistics Manager,East Subject: Rail Fuel Surdwge Oliver this is an update to the CSXT mileage basal fuel surcharge(FSQ. The railroads change the actual mites on a yearly basis based on whetter they have added or taken away various lengths of track. All of our terminals are charged the tall miles from origin to destination and the only portion that changes is the amount charged per mile. You can log onto the CSXT website at hao.I iecsa.po l to determine what the current charges are and what the next month's charges will be. The following are the updated miles between our O'Neal plant and our Florida terminals! • O'Neal to Nichols,FL is 608 miles + O'Neal to Brooksville is 656 miles + O'Neal to Bartow is 617 miles + O'Neal to Ft Lauderdale is 796 miles + O'Neal to Matco is 761 mites Note: Please remember that since we only average 99 tons per rail shipment.we must multiply the miles times the coact per mile then divide that total by 98 to arrive at a cost per ton. Sincerely, Carleen Schaefer Logistics Manager,Eau CS)CrS Rail Fuel Stmahom Coll'1Dubdon for CI'1e1 dmi Vine e Access: Its, IWMx.c�/pqbliclecAiZcpubiklMain?modnlr3ublic,firldctars M" blastfax This will pull up the following: HDF Fuel Sunehwoe Stdw Report The 16110 Ang iniralthalfahrh relates 1a CUT Fuel Surdharas PubBtascn 8581-0. The a.urerd HOF AM surdharge.el ,,e Jul;•1.2011.is U cents per mile.The fuel surcharge scheduled to bacmis eiiwta August 1.2011.is 49 cents per mile. Rstoncal data can be s w►W in tthe Prig E ' FuM Srwtdrarge t�erhts Sur&MM I Mucha Per Etlboe Data Per titre I Sous I won• � an MOM . 42-yi l 49 T^ Future--; -343.30 -- ...June 2011 OTO VI I W TBD B _ TBD �_ July 201IWM) The referenoed OCE-84 put on can aurrenNy be found at v►ww .eia dae.ow.On fie home page select'Petroleum:"under'Prices"seled"Weekly Retail Gasoline and Diesel Pnoes:'far the"+'rea"select IJ.S.:"for his'Periad"seled Woredy-then referto me data on IN line entitled Uesel( ,►ay)"FMC1Npty data is normally pubaslued Wednesday after lthe last Monday of a glen morM- To calculate the rail fuel surcharge amount, locate cents per mile on chart above and multiply that number by 796(miles from Oneal,Alabama to Chemical Lime—Ft. Lauderdale, Florida)then divide by 98 (average tons per railcar). Example given for July: $0.52 x 796=$413.92. $413.92/98=$4.22. This amount will be included in the base contract lime price and will be updated quarterly (with corresponding true-ups to be processed at the end of each quarter). CERTIFICATE OF LIABILITY INSURANCE 7NIM O■nNMAA7s S Mew AS A MATTMI OF pilOIMAA7MIM O LT AM O01 MO wMlns UP=7M GotWNiMs NOM M.Ift O■RTg7Ill►7s ooNM MOT APPWAKWALY OR M M77A LV ANNA Wti OR ALM 7MN OOY■RANs APPM Mr W IN POI IQINM M-R TNMI 0-m—tw QA7s OP NNIRAM O MOT QONNflN17>M A Owmwr Ns 7w AtlfllOMM� IM�INMrITA7M GR AND 7MN OMIrM M'M MOLMR MM IMllr! 1rt�sr4n sMOINOPO,so*wlhMsn*►wOAara A8WMMet=9ftGwMmlftd ansc.MN.rv1.Mw 4O0ib 6etlt TbwM t717 Mw.1eM..t DU.s,7X ?=M-7W Ift UfftakefilfflMl 006�004 s Rno Ylbt 7t1AT TIIE Oi MIO"= NOTIMTNMiANagIM ANY IMeiterl"V,IMM OR OOIMIeeQN Cr AM OQWMW OM onm OOOISI a tiMiFl IM~TO ww 7tMI OKCIP U MAY N IM.=OR MAY no UNIe1tli"ApIM w YY"PONCI= M MAW TO ALL Im 7ma oeesl..IIMOINAO OoNornm cram U"MNOMM MAY NMlEMMNI IMONOiD Wt MID OU MM. tt MoPSMprrlor .were erlwen t arL w.e : AVMW re LMM M a +� e�3AQDAOD AWAUM .oa�rreprnrPti►r�ni • ALLOWMAURas seaoaYersrlrlht.�er i .oleoln.oAlerou r•MoWd ft*wroe ; NQIIOIMM.Ateea. : s Wma ooalw s :us eesaearl.Is � A LR WOI11rRv MIA CW3MW4 IMOUMO IQM MI "crnAOMTIK e�Aoo"t�aNiu�°�i 'ar a�w ooMl�!As RNaP�crs OP®1ATIONN OP7FM3 NAl1ED MMIUNED. MN OF TAMMW mom ON I== Nd1�ft�su ■M mNY a ATMIf MOLAU A OOIIDANO[MMIMTIM "I MM. 7Nz1INWMfiHAVMi�RlE TAIAARAC,R 3M snnlolrMo.wMNwMtar MMpMtMM.r. YiMl.p ir... 7 A9 e1N111s e...e11.eL AOOM U 1611 10 M TM AOO clean.wo JoNe.r..s1101 d neserr..f ACM 3 1M ABM Riff Rw i i ; l i N�3�'I Mp1�MD�q cbo•i+a..�+ri�+ o OVMWIKLMAW INO - ------� "'p'u'"4"�rw•'9w•owwapoNMfi i im MU XL% M U s�ul�p � �7 MMaN1�1 M�:UIIN �=Wffi Oi1d11�IMM 1 Ir1t XL 4L °t01�'010L Mn�� NmwuoziN11 W a.narir�w � Y in T b T b x x x x x it I x x x x x CO 1T1 ip g 0! CC r � $ N T T T MO pN y!� Np T CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 75M NW SC AVENUE t t TAMARAC,FL 33321 "Cornn*ted to ExceNence...Atwa " ADDENDUM NO.1 REQUEST FOR PROPOSAL 11.26E FURNISH,DELIVER AND DISCHARGE OF QUICKLIME DATE OF ADDENDUM:JUL.Y 14,2011 TO ALL PROSPECTIVE PROPOSERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contrad Documents for invitation for Bid#11-256, FURNISH, DELIVER AND DISCHARGE OF QUICKLIME. 1. Technical Spadflcations,Section C"Residue after Slaking"should be ganged to read as follows: (C)Residue ARBr Slaidna Residue shall not be more than 2%by weight on D 40 mesh slow. 2. Please change the BID OPENING Tkne and Date to the following: July 26.2011 at 2:00 P.M.EDT All other temps,conditions and specifications remain unchanged for Bid#11-26B. Please ac it nowiedge receipt of this Addendum No. 1, by returning It and/or acknowledging it in your proposal. Sincerely, Keith K.Glatz,CPPO,FCPM Purchasing 8 Contracts Manager COMPANY: Chemical Lime Co of AL, NAME:John L. Thomason LLC 7=5 NW Nth Avenue r Tamamc,Florida 33321-2401 ■(954)597-3570■Fax(954)597-3M5■www.tamaac.org &Wd oppaltmlb d+vWM Cd alr�na ...._ _.___... •nd aontreda Ofrfaion UPOM SU8W'i1ND YOUR 80.MAKB SUMS YOU... Q 1. Carefirliy raid to t3ensral Tema A CandM m, Spacial Condl&m end Me Gsnaral Ro1Wmw*L [x 2 Properly Al out the Bid Form. M 3. Fill out end algn ft Non-Coliwlw ARMWIt amd he"It proper*ncWtmd. 4. $tn the CWWMWM pap. Faun to do so will rosult In your Bid being domm! non- ®& FM out the ceders CI M IGGI On Matsment 0& FM out ft ReW.now papa. Ox 7. Sign the Vendor Wo Fn»Wo*&oo Form. 0. FBI out On Ust of Suboontrestors. (00. F-1I out and Op the GwWlsd RstolutloL 010. tiubmlt ONE(1)Orlgbtal AND TWO M MoWsopies of yarn bid,shady merited wUh the BID Nl A R AND BID NAME an the outelde of the p olmp. Miss sure your BId a submWed PRIOR 10 the daedltes. t.ato Bids w10 tlg be soceptod. Fskm to provide the requested allodrnwnb may nmft in your bid bebrp deemed THIS S"OtILD BE THE FIRBT PAGE OF YOUR BID. i1 , 1va E'j yAo h '�4.; r�' Mailing Address Please note that, mere Bid Packagcs/Requests/Contracts should he mailed to our corporate office at: C::anneuse Lime&Stonc,Inc. 11 Stanwix Street--21" Floor Pittsburgh, lit\ '15222 Attu. fide Ziltmer Bid Results / Contracts: please mail,fax or ctna.il bid tabs/results to the following: Fax to 412 995-5515 attention losie lihmer. Mail Contract-, to the above address, Email results to Should you have any questions,please call me directly at 866w780-0974. Sincerelv, Josie Zihiner Josic lihmer Inside Sales Representative UNANIMOUS WRITTEN CONSENT OF THE HOARD OF DIRECTORS OF CARIVIEUSE LIME&STONE,INC. The undersigned, being all of the members of the Board of Directors of Carmeuse Lime & Stone, Inc„ a Delaware Corporation (the "Corporation"), do hereby vote for, consent to, authorize and adopt the following resolutions by ununimous written count pursuant to Section 141(t) of the Delaware General Corporation Law, with the same force and effect as if the undersigned had been present at a meeting of the Board of Directors of the Corporation and had voted for the saute: WI-ICRHAS, the Corporation desires to restate its entire list of officers in order to reflect changes in the management of the Corporation; BE, IT RESOLVED'ITFIAT the following persons be, and they hereby are, elected to the offices set forth opposite their names below and to hold such offices until their successors have been duly elected and qualified: 'Thomas A.Buck. President and CEO Bruce Inglis Vice President and CIO Kathy Wiley Vice President, lluntan Resources Philip Johnson Senior Vice President,Sales and Marketing Bruce Rointhicaux, Vice President, Sales ?..� �. ��I' Pahl Tunnnicliffe Vice President,Operations Carroll Laufmantn Vice President,Operations Aldan Connolly Vice President,Engineering Jack Mahler Vice President,Supply Chain Patrick Worms Chief Information Officer Ralph Bardine Vice President,Business Development Mary D.Colin Treasurer,Assistant Secretary Kevin Whyte Vice President,General Counsel,Secretary — ... Michael Collingwood Assistant Secretary BE IT PUR"I"HER RI SOLVED TnA'!`the above elected officers do hereby replace and supplant the previous officers of the Corporation, and the elected officers do hereby commence to serve as officers of the Corporation from the(late hereof;and BE IT FURTHER RESOLVED T[IAT the officers of the Corporation be, and they hereby are, authorized to do or cause to be done any and all such acts and things and execute and deliver any and all documents and papers as they may deem necessary or appropriate to easy out the purposes of the foregoing resolutions;and BE IT FUJU17HEsR RRSOI,NED TRAT a copy of this Unanimous Written Consent of the: Board of Directors be delivered to the Secretary of the Corporation with direction that it be filed and maintained with the corporate records of the Corporation, i IN WITNESS WHl--.RT?OF, the undersigned have executed this Unanimous Written Consent of the Board of Directors as of the t"day of July,2009. j i i! i e i t J' LaL Buck . Q Philip Jolnmson Being all the Directors of Cannem Limo& Stone,Inc. i S �'!*'P CERTIFICATE OF LIABILITY INSURANCE m VA2m"n IM CERTIPMATB M NO=AS A MOM W NFRIVIM ONLY AND CONFER 10 MOM UPON THE CERTiFMATE HOLDER.TM CNRTVMATE ODES NOT AFF111MAT PELY OR NEOATMV ILY AIUM EXTEND OR ALM THE COVERAGE AFFORDED BY THE POLNNEt BELOW.TW GER?1RCATE OF MSURA W DOES NOT CONETI M A CONTRACT BETWEEN THE MUNM INSlIREMM AUM MM REPIUMMIAM OR PRODUCER AND THE CBRINWAWE HOLDER an ,jjw to on tares gad oarr ldm of Ee Pei*owto Polmn may"quire an andowea I k A atabneM on tMe oei does not maker ri"to to eerM,-- baldrr hr RSM of snob e risk Services Central, inc. LM Joel- U �� - Pitta�an T M Om 62S L bWf AArw,n70tg Flow MtTaburoh PA ISi22-3120 uSw rrelanrngpAFPorarrraOvaaArsaWMANIND MAa=r Lire, II►c• and all subsidiaries A' LibertyInsurance co 4204 ration 23033 it scamtix street Liberty Mutual re ins Co Pittsburgh PA 1S222 USA aauaaam Zurich AMMICa" in Co IMMMO: Aaltrican Guarantee&Liability ins Ce 2047 asltaara: I ::J vMPM nPe OEM TE MMM MOM R1alA M M1 MM WWATIM.NOWITII MOMKt ANY INMUEEEAENT,TERM OR CONORKM OF ANY COMMM OR OTHFR DMWW WAH REMW TO VW*V4H THtf tMR71FICl N MAY ME 18>IU M OR MAY PSR M TM6 WWRAME AFFORDED BY THE POWES DESMUM MOM IB MMACT TO ALL'TrM 70M, E%CWYDIta AND COMDffow OP EI/CH POudiii Lim oom MAY HAVE BEEN REDUCED or PAD CLAIMS. LM1Ms ahgwr a"as IMOFONKM MOa Peuarral MM tams Samma L UmLnv Qi& aA011 OOOIarmIOE 7l 001tl1aJlGM.06►oM4.�Maa.rrY S1a0, % pNrlew�u6 QaCun twPs�s►WswrPetrsO f10, P10010 LAAMPAAW 132,0WO, awtaaALAoeaeatlrrFrOOUNG•COiN10►Aaa x mxw ^p wC AUTOMeeaiLnAa UTY - X ANY AUTO WMYKMYIPwPM4 MI.o"M aDOIt r06N1a "lo wisp AUPOa AUIOaPaCHIMM �► O x UUMMelLAIAM X OOdat a S R applies per policy t ;I&I andi ions �natceaaLtAo uAmsvLoa AaotnaAn 510,000,000x aeaMRKal tie,= xaa1i0,6161"Winiv wc76a]ODa055a21 2031 01{Ot/2032 MUM AWNPROPIMMIM001041nlannur•e M a1A LLRUMAGUMINr $1,000, R SLOONAM Ma/ tom S110001 AA _ 110aa l.L4a1l�PQ�YLMfr 1, , OP O►a1NItOM1 LOCATION/Ya1pCLaapegMACtllb tat,AMM••N AMwk•a•11•d•M a•IM•.P•n•b sit certificate holder is included as Additional Insured an the General Liability with respect to annual supply contract. CEIYtE"TEMOLDE3i CANCELLAYM so" Aw OP "m Aam m deammu FOuem an CAnCluso ample flat • MAR710M 041%fl ORM,MOIL[rrs t sa�N ACCOnaA1Ma GRIM TM MAW Pr W111a i City of Tamarac AUnna)aamD1QATVr ASLO:WKe8M AYennt2 7Taa/raC PL 33321 USA (y� ��►��a� �� , /�� Of"&,M0 AC=CORPORATION.All r%oft r/swrmed, ACORD 25 OMO" The ACORD none and kW am mg1mtero1 nwAft of ACORO ' '1°I' >=ioritla Annual Resale Certltica . rc"°01 THIS CERTIF1 ATE EXPIRESvokl CAAMEUSE LIME # 51f}N 4C 01V27/94 39-0,I)l004d791 8 ?his is to ced y Ibat AN,E6ng is p�MreDtt l y 119sd r Cam!lad.or services pwchusad on Sl h�F1 Rite 013f+v [fit „ttcl . , � lxt Y r�ltb n thd olldwinp pteAo'sas r r, a Fio-mNal M3 ma1 propenv, .^ t 1nlier*ill"k4o alld auto as pnrt of Iha tq!petr of ry 4pwVm*p"Ganw pwpwq y .3gk br WWhuloclulNg. 1B eas3i tl'or lmAwerred. This ce #k*a W 1i 4►Uzr+al e€aa�Cerliflcate VAN su ci the Isserta p"W'. � / kW Ito a l6ft pIRES AN DEC iat 'b. ficNt IPIC .w -4 rk ` SA ��-Ms VFW t l lyt�b peer ww property lxxchased eQt r Qd.0 ►tert5.11 .s dv Yd ` ai r the above'i�tg�siralton Efteetive Date by the above v e lxptKl i# y t '', imfwees r s tN , s ROW « incor a + 7 " rperfwnatplppdrtx. , } �P ,{ _ jNaGhxlnD PfP furor bt!ree3slgned or trnns(enJ.' ` a qt Its M ltrtpirSyeeSt e' .X, Y r 1 ia,`typl 8U419Cl the USW W per+I�lles ass r Iwww m Op'Je mA n 20141 1 x R.Ovil THIS.CERTII=1f3 ?, � Grsrtlticate Mumt>'er ky tD VOID VOID VOID VOID VOID �-��zk „ � s� �s � VOID Vailp VOID ` 4n � 1�OID VOtD VOID VOID. VOID -0t ild1D VbID VO D 1►X�Ntd� 1� �!• + ll� tb` D VOID VOID VOID VOIAx , ° a y Tlgs is io certtty lha►aii Ea I�¢ property'rertled,or services purctresed on aralf title dbi f tl't1ow ;n ENeclive Oats py the ai00,%W*100-of the following ptsposes: fS .q *;itay Mcofr+strnibn.Ir4o nrut Bale an pars of Iho�ppdtt of , 'St>, �v• i WtepMle'pwRouul- .�:, , �^x*ae. "k',' �. •Nnint 4 .��. . a tis ai ii � ` ' rArb rwl :This certiikale can only 4 . Cerr kxefe wNl subled.Ilre t�er=t . . . 7 � .a.`. .. ... - t'Yt., 4, � rn k1;P1 �xx •E ' Internet Verifica1116h:Verifkr;Msale or,exemption certificates onfirw at wW # 'rl 7sprf iCdpr �. "' Rs err active r (%W!ed peeler wlrttl't.the^Depanment,you are belle prgvj th1 A M0�tk��;; �cate to mike ya r ble tax-exempt purchases or rentals;of p Pok ca`,I *X i 000e O �ki#rli f bruit a st fie i cK ` ot,yaur certificate is a seller when making1pi rchases or re�,tal's�"d property or services that ycA, tnt n l o melt or re-rent as part of,yoW,otAine'ss. t " iirr put as a deala�-jcr q ehd in the a �ll&«ble amount of sales and use tax and.discretionary, sales surtax from:your�c oo finally resell � y � a y:` y li car re-runt the proper or service�at retaii4 li your ,,F dif#ipulty dettttnVhe 'yau tna buy or rent tax-exemptfor reel+ ;weaprt+t re thai will h Annual Resefe Qwjtfl� Form GT 8000G0). Information analarrris��evadab�d tXfur 1 t s� V,,Wvt :�bri f� nnldar. ` . h { „ , # Q►l ur i se o—crent-iterrr9 Whit'tt°` viti t used Jn yptrr h psrness, !tha)t rns�r�ii npt a sold-dt�tt��aiits�;your x l liggCerffi alu should not be used."l iziber t i r it n t tads i )°j�± naities,for fraudulent �...". ,a r ih nua Resale Certificate. F* :lf y rd ciose or sell your usrpess,gotEl i 6'6, ertmeiif and'desirby this form, q� ,,• x [�1ja�t.',rt Rult Micatignp Verify la.ar,exerd i�tt ri c6difidatbs ofiline at lr rw.nr fltf i W9,onVOr, " r,•" �"� 4etEva registered'de vuit11 the"p W*Ote,you area being provided with this Annual Resale Certiricate f � . a y ui eligible tax-exgMt purcho*orC' or services for resale. You should submit a Dopy of your certif c fe to,i sell+ vfteit rholtl tg purchases or rentals of property or services that you , intend is resell or re-r 11t fit+=j t f yc►ur°bCtsirloss. >, It is your duty, a e ; # �rali+�cf slid send in the rapplicable amount of seas ld}qi�e x an&disiopt�� sales surtax from y � r virherr you finally resell or re-rent t proporty or', �lce difficulty determinfh'6 k+ �aY.6Uy.drre t tax-exempt for resale,we provide a rochure ttia w111 h � ffi Annual Resale Cert� - sus hex-orm GT 800000). Information anO, M-01. °even i i+. dais Its t". YE�tt w «rt rfia.r di.cam,fd' fi ;, ,.H If you purchase or re to f 11, Ii,be used in your business,and the iten wil Annual Rasaa s refit"ba used. Rarnembef, therenirnitf a0t. $rhttftfioria uftf ' use Of til8 f�f Ei iflcate. x ; Na yid i a"0 pir,seil{your business. notify the,Deer�1 rit anct ±str'py is form, tr►t+ar�t 1JXifi�r#ioi�. rify resale or exernpfion ce ' c?rllii a�xmyr�or�dei.cam/par• As an;actry Y �deaI r with the Departrriept, taairi ide vrfh tllis,�trrnuaI Resale Certificate to maf«yrsi k ale a>-exempt purchases oir rentol : rwp s $for sale. You should submit a kl�� ,. signed opyi r lIficate to a seller w fi rho E ren of property or services that you intend, re as part of your b�0st. it ri#^�ye �dta y as a dealer to+� � ;:sV In the applicable amount of sates M&.bite°fi8ar t i:►�e rter}r solos" qur customers wlyer y �; it resel10,00 (rent the property or service at retail If you have difOlOu . rr�ning what you mpy,bW �oxempt for resale,we provide a brochure .11 ate you; rx9itTa or �" f tl t Fetter�fc�rm ��fi�ii� bf`i�+9f p tmAi?f3 ��.lCt cam o f° f jrtlaridacnt�/di� ` a<,s � t � � ��4 see or rent it iNhref 1 �� r ised iti your business,and the items wNl ale Certifrcgf` ciscd, Hernernber, thereare crImInO and ►� ol� U9163, f MG Attttual r zsita q y Nate:if you:, d* �I your busutess, nsitlfy ti t artcnogsrld d+ #r iy th farm �N Carmeuse Lime & Stone Longview Operation y 599 Highway 31 South CA RM ;: Saginaw, Alabama 35137 Product Description: HiCal OL PCC Y2" K 1/8" Rice Product Code: 10529 Production Facility: Longview Packaging: Bulk Typical Properties: Chemical Average (%) Carbon Dioxide (CO2) 0.79 Sulfur(S) 0.051 Available Lime (Rapid Sugar) 93.0 Calcium Oxide(CaO)' 95.2 Magnesium Oxide (MgO) 1.82 Silica (Si02)' 0.705 Alumina(AI203) 0.291 Ferric Oxide (Fe203) ' 0.167 Typical Properties: Physical Average(%) ASTM Reactivity Temp. Rise in 30 seconds (°C) 40.0 Temp. Rise Ta,,t,, (°C) 56.4 Residue (+30 Mesh) 1.6 Loose Bulk Density(#lfe)' 60 Not routinely analyzed at this location The information contained in this product information sheet is, to the best of our knowledge, true and accurate, but any typical values given are subject to occasional variations based on variations in the raw material inputs and processing operations. Each user is advised to evaluate the product(specific compositions, physical properties and performance characteristics)independently for suitability in the intended use. LV-10529 D=ment printed on 7t2012011,3:58:10 PM Rev 2 Issue bate:811M A MEUSE A� Issued: May 29,2009 ANSI I NSF STANDARD 60 CLASSIFICATION NSF International has classified the following Carmeuse Lime manufacturing locations and their products for use as drinking water additives. LQC+ltlpn Product/ .. i T t5 na ion Cate pries MPximum Use arTrtouse Llme __....._,... Catcivm t;%xide, Softening,P rocipitallon and pH irgarsdll'.OlitalYio,N5C tiKS' Calcium Hydroxide tenlnkt l7w;ipitation and,pH $50 rngTG > .. ...____ Carmeuse Lime Calcium Oxide Softening,Preclpltation and pH 500 rn�yrL RIVER ROUGE OPERATION Adjustment t 25 Marion Avenue River Rouge,Michigan 48218 i i1E485 01 ...77 7. j c,atmeliso Lime Casalum oxide Softening,Precipitation and pl-; 500 mgfi. S.Cl�1t'A CPEAATtflff A JuRtrrlttnt 3248 Ejit 103'4. treet # . Ch ..ttritt6is 606"7 Ca+ tim fydc�sxide 6icipitatibn and PH � 65l�iatg7t. Carineuse Lime Calcium Oxide Softening,Precipitation and pH 500 mgfL BUt FINGTON OPERATION Adjustment North Clark Road at Lake Michigan Gary,Indiana 46420 IE466-01 _I rrrt #89 �tT4 ,. Gts(cturla 34 0 v r AXIt ON - - Adjlttt#i t s '°`` 441, erV,VeatSprlrs d , ao .. tour � scp l s-o ni'no,PradpItatlonand p j o Carmeuse Lime Calcium Oxide 4 Softening,Precipitation and pH I 500 MAIL Black River Operation Adjustment 9043 Highway 154 Butler,KY 41006 Calcium Hydroxide Softening,Precipitation and pH 660 mg/L IE461.01 Adjustment MlM WK Carmeuse Lime I Calcium Oxide Softening,Precipitation and pH 500 mg/L STRASBURG OPERATION Adjustment 1696 Oranda Road Strasburg,Virginia 22657 Calcium Hydroxide Softening,Precipitation and pH 650 mg/L C0023848 Adjustmeni +Fay �t• :��.x £.` b.. t .{•, .. s � telttririk d.* V, For questions concerning water treatment products, please contact: Josie Zihmer Inside Sales Representative (866)780-0974 The complete listing of certified Carmeuse Lime plants can also be viewed NSF p g at the water cerification index on the NSF International web site: hltp:1Avww.nAf,9rq( ertif hgLr isJLj,,i1nAik.Asp1Qon3panyNamg ccar_m u�5p Certmed to Certifications-Drinking Water Treatment Additives NSF$ANS►60--, W-4 CL ry- 4t t4 CD Z U CARMEUX NATURAL CHEMICl IS Tar. City of Tam wwv FL cattle+ 721M 1 Re: AAldavit of Compliamm far Quidd ma to ANN I AWWA B=-M Camlevse LortgwMh watergrade quicklime products contomt to ANSI t AVWYA 0202-02. The k i m tg vwMcdons required by the stertdard are pi an al vmW grade quick6me shipped to our customers: • Sampling If reared by the cueimm,samples are taken after the kltns(Seddon 5.1.2)and analyzed. Results ere reported on a cwtftab of analysis. • Test Procedures Performed AvakdAe Celdum Oxide- moodure adepled from ASTM C-25 T3mnafs pAsc"y TOW Ac Me Slaking The(TAST) Obf dfonable kvwkubte Mellor(30 Mesh residue) • R*cdon of OWddime Available Caldtrrt OWe -c W% T3 ndrrrlrr Readt+dly<10°C Total Ac Ove SW tg The>20 mhAes ObJecdwm le insoluble Matter>6% Robert W.Ftlrticer Quaft mractor Cammm NA 1 Vr Carmeuse North America vote of origin: as/ns/oz 11 PittsburghStanwix,PA 15222s`Floor Oate a1Reviort Ial4srua Phone:412-995-5500 Revision No. 9 � Fax:412-995-5594 — Material Safety Data Sheet Product Name-. HIGH CALCIUM QUICKLIME IIVFOTRA C: 800-535-5053 f!n case of an emen,jencv call this number 24 NOUNS a clay 7 DAYS 4t week.) 1.1.Identitieatlon of the substance: C11cmical name: Calcium oxide Product namc(s): Steel Grade-Large,Steel Grade-Large Rescreened,Steel Gradc-Small, Steel Grade-Small Rescreened, Water Grade-Small, Water Grade-Small Rescreened,Mini Pebble,Rice,PCC Grade-Large Rescreened,PCC Grade-Srnall Rescreened,Ili Cat lines,Pulverized Lime,Pulverized Lime w/Flowaid Formula: CaO CAS Ik 1305-78-8 Molecular Weight: 56.08 Material Uses: Water treatment,steel flux,caustic agent,pH adjustment,acid gas absorption,construction 1.2.Company: Main Office: Carmeuse North America Telephone: 412-995-5500 11 Stanwix.Street, I I't'floor tax: 412-995-5594 Pittsburgh,PA 15222 Canadian Office: Carmcusc Lime(Canada)Limited 'relephone: 519-423-6283 P.O. Box 190 Fax: 519-423-6545 Ingersoll,Ontario N5C 3K5 r f yiV'fi. +; # 44 ..''V s ... j .+ L •;4 ingudtent %by Weight 4AS# Exntuure 1.Imifa Calcium oxide >89 1.105-78-8 OSIIA PEL:5 mg/m' AC011I ILV:2 nttym O.RC9.833 TWAF.V:2 tngIm' Magnesium oxide C4 1309-48-4 OSHA PEL: 15 mg/m3 AC01112I'M 10 niWinr O.Reg.833'CWAEV: 10 mg/at Ml IA PELF: 10 mg/nr'(total dust);3.3 tnghnz(respirable) Silica-crystalline quartz: <1 14808-60-7 ACCi111 T1,V:0.05 tnym' (respirable) O.Rcg.845 TWAEV;0.1 ntgltW PUt,(total dust) (30 mgJnr')f(96 silit:t+2);PEL(nompirabtc)-(10 mW%W)1(%silica+2) - l - Product Name: HIGH CALCIUM QUICKLIME (continued) Overview: High Calcium Quicklime is in the form lumps,pebbles,granules or powder and is odorless, white or grayish-white in color. Contact can cause irritation to eyes,skin,respiratory system, and gastrointestinal tract. Contact may aggravate disorders of eyes,skin,gastrointestinal tract, and respiratory system. Eyes: Can cause severe irritation or burning;of eyes,including permanent damage. Skin: Can cause severe irritation or burning of skin,especially in the presence of moisture. ingestion: Can cause severe irritation or burning of gastrointestinal tract if swallowed. Inhalation- Can cause severe irritation or the respiratory system. Lung,-term exposure may cause permanent damage. This product is not listed by MS11A,OS11A,or IARC as a carcinogen,but this product may contain crystalline quart7 silica,which has been classified by IARC as(Group 1) carcinogenic to humans when inhaled. inhalation of silica can also cause a chronic lung disorder,silicosis. Irritant: Eyes,mucous membranes,moist skin,respiratory tract. Flammability: This product is not flammable or combustible Explosive: This product is not explosive in dust form Reactivity: May react violently with strong acids producing heat and.possible steam explosion in confined space Symbols: WI•IMIS Symbol: "E"Corrosive Material;"D2A"Materiats causing other toxic effects Health Effects: Inhalation: Acute: irritation,sore throat,cough,sneezing, Chronic: persistent coughing and breathing problems. long-term exposure to silica can cause a chronic lung disorder,silicosis. Eyes: Acute: severe irritation,intense tearing,burns. Chronic: possible blindness when exposure is prolonged. Skin. Acute: removes natural skin oils,blotches,itching and superficial burns in case of sweating. Chronic: no known effects. Ingestion: Acute: sore throat,stomach aches,cramps,diarrhea,vomiting. ChMic:no known effects. Treatments: Inhalation: Move victim to fresh air. Seek medical attention if necessary. if breathing has stopped,give artificial respiration. Eyes: Immediately flush eyes with large amounts of water for at least 15 minutes. full back the eyelid S'e Y Y az'B to make sure all the lime dust has been washed out. Seek medical attention immediately. Do not rub eyes. Skin: Flush exposed area with large amounts of water. Seek medical attention immediately. Ingestion: Clive large quantities of.water or fruit juice. Do not induce vomiting. Seek medical attention immediately. Never give anything by mouth if victim is rapidly losing consciousness or is unconscious or convulsing. -2 - Product Name: :NIGH. CALCIUM QUICKLIME (continued) Flush point: Non-flammable Autoignition temperature: Non-flammable Inflammability limits: None Explosion risk: None by itself,but heat produced by reaction with strong acids can generate steam and pressure: Hazardous combustion products: None Extinguishing media: Use dry chemical fire extinguisher. Do not use water or halogenated compounds,except that large amounts of water may be used to deluge small quantities of tligh Calcium Quicklime, Use appropriate extinguishing media for surrounding fire conditions. Fire lighting instructions: Keep personnel away from and upwind of lite. Wear full fire-fighting turn-out gear(full Bunker bear),and respiratory protection(self- contained breathing apparatus). Individual And collective precautions: Avoid creating conditions which release dust--use mechanical ventilation to remove dust 1'r o m work spaces Avoid inhalation of dust: Wear respiratory protection-minimum NIOSI-i N-95 Dust,Mask Cleaning methods for spills: Use personal protective equipment(eyes,skin and inhalation,see Section 8). Use dry rnwhotis(vacuuming,sweeping)to collect spilled materials. Avoid generating dust. For large spills,evacuate area downwind of clean-up area operations to minimize dust exposure. For small spills,store spilled materials in dry,sealed plastic or metal containers. Dust residue on surfaces may be washed with water. Precautions for the protection of May not be released into surface waters without controls(increases p1l) the environment: Waste Disposal: Dispose according to federal,provincialtstate and local environmental regulations Handling: In open air or in ventilated places,avoid skin and eye contact,avoid creating airborne dust Storage: Store in dry places sheltered from humidity. Keep away from acids and incompatible substances Keep out of reach of children -3- Product Name: HIGH CALCIUM QUICKLIME (continued) Esposure Limits: Calcium oxide:5 rng/m'(OSHA);2 mg/tn(AC(31H.O.Reg.833)); Magnesium oxide: 15 mg/m3(OSIF1A); 10 mg/m'(ACGIH,O. Reg.833) Silica(crystalline quartz): 10 mg/m3(total dust);3.3 mglma(respirable)(OSHA); 0,05 ntg/nt' (respirable-ACGIH); 0.1 ntg/m'(O.Reg 845) Engineering Controls: Use ventilation and dust collection to control exposure to below applicable limits. Respiratory Protection: Wear NIOSI I N-95 Dust.Mask. Rye Protection: Lye protection (chemical goggles, safety glasses an(Vor face shield) should be worn where there is a risk of litre exposure. Contact lenses should not be worn when working with lime products Hand Protection: Use clean dry gloves Skin Protection: Cover body with suitable clothes(long sleeves shirts and trousers). Use over the ankle waterproof caustic resistant footwear Refer to Ontario Regulation 845:Designated Substance-Silica. Physical State; Solid Odor&Appearance: Odorless,white powder pH: 12.4 in saturated water solution at 25°C Melting point: 2580°C Boiling point: 28500C Vapor pressure: Non volatile Vapor density: Non volatile Density: 3.34 glee Solubility: Reacts with water to produce Ca(014),with large amounts or heat. Soluble in acids,glycerin and sugar solutions Stability: Reacts with water to form Ca(011)2 and heat. Decomposition temperature: None Reactivity: Reacts with acids to form calcium salts while generating heat. Reacts with carbon dioxide in air to form calcium carbonate. Conditions to avoid: Vicinity of incompatible materials Incompatible materials: Acids; reactive fluoridated,brominated or phosphorous compounds;aluminum(may form hydrogen gas),reactive powdered metals;organic acid anhydrides;nitro-organic compounds;interhalogenated compounds Hazardous decomposition products: None w_ - -4 Product Name: HIGH CALCIUM QUICKLIME (continued) Toxicity: This produet is not listed by MSHA,OSHA,or IARC as a carcinogen,but this product may contain crystalline silica,which has been classified by IARC as(Group i) carcinogenic to humans when inhaled in the form of quartz or cristobalite.No reported Carcinogenicity,Reproductive Effects.Teratogenieity or Mutagenicity. Exposure Limits: Refer to Section 8 Irritancy: Can cause severe irritation of eyes,skin,respiratory tract and gastrointestinal tract. Chronic Exposure: Inhalation of silica can cause a chronic lung disorder,silicosis. Alkaline substance(fiat increases pH to a maximum of 12.4 in a saturated water solution at 25°C Calcium oxide gradually reacts with CO2 in air to fonn calcium carbonate(CaCO3) Calcium carbonate is ecologically neutral Uncontrolled spillage in surface waters should be avoided since the increase pH could be detrimental to fish Harmful to aquatic life in high concentration Dispose according to federal,provincial/state and local environmental regulations. Clnsaillcution: TDO Not listed ror ground transportation HMR Not listed for ground transportation. TDG:Transportation of Dangerous Goods Regulation(CAN) HMR:Hazardous Materials Regulation(USA) -5- Product Name: HIGH CALCIUM QUICKLIME (continued) Symbol: WIIMIS RATING DZA,1: NFE RATING 1111ALTI1--3 sPCcirie iAzARD-ALK HASHVINNTS—u REAMVITY- I RMIS RATING 11FAIJIV-2 St'CrIPICIWARn-ALK ITASH POINTS o KFACrIVITV-1 Risk Phases: Risk of serious damage to the eyes Keep out of reach of children. Safety Phases: Keep storage container away from humidity Avoid contact with skin and eyes. fit case of contact with eyes,rinse immediately with water for at least 15 minutes CPR(Canada): This product has been classified in accordance with the hazard criteria of the Controlled Products Regulation(CPR)of Canada and this MSDS contains all information required by the CPR. Litne dust can be removed from objects(such as vehicles)using rags dampened with dilute vinegar. After applying dilute vinegar,vehicles(especially chrome surfaces)must be washed with water. The information contained herein is believed to he accurate and reliable as of the date hereof,However,Camteuse makes no representation, warranty or guarantee as to results or as to the information's accuracy,reliability or completeness,Carncuse has no liability for any loss or damage that may result atom use of the information.loch user is responsible to review this infonttation,satisfy itself as to tite information's suitability and completeness,and circulate the information to its employees,customers and other appropriate third panics. _6.. CITY of TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88"'AVENUE TAmARAc,FL 33321 "Committed to F.xcellence...Always" ADDENDUM NO. 1 REQUEST FOR PROPOSAL 11-25B FURNISH,DELIVER AND DISCHARGE OF QUICKLIME DATE OF ADDENDUM: JULY 14,2011 TO ALL PROSPECTIVE PROPOSERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Invitation for Bid # 11-25B, FURNISH, DELIVER AND DISCHARGE OF QUICKLIME . 1. Technlcai Specifications, Section C 'Residue after Slaking"should be changed to read as follows: (C)Residue After Slaking Residue shall not be rnore than 2%by weight on 30 4-09 mesh sieve. 2. Please change the BID OPENING Time and Date to the following: July 26,2011 at 2:00 P.M. EDT All other terms, conditions and specifications remain unchanged for Bid# 11-258. Please acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging it in your proposal. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing& Contracts Manager COMPANY: Carmeuse Lime & Stone NAME:I _ /c.cct P ce D. Routhleaux, V.P, sales /525 NW 881h Avenue a Tamarac,Florida 33321-2401 a i954i 597.3570 a Fox i954i 59I.3565 a www.tamorac.org L- uol(,jW4Vr*yf.rnxroyor INVITATION FOR BID ITAMARACI The City For Your Life BID 11 -25B FURNISH, DELIVER & DISCHARGE OF QUICKLIME Issued on behalf of the Utilities Department City of Tamarac Purchasing & Contracts Division 7525 NW 881h Avenue Room 108 Tamarac, Florida 33321.2401 (954)697-3670 SUBMIT BID TO: CITY of TAmARAc PURCHASING AND CONTRACTS DIVISION 1 t i 7525 NW 887N AVENUE TAMARAc,FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 11-26B BID TITLE: Furnish, Deliver and Discharge of Quicklime BID OPENING DATEMME: July 21, 2011 at 2:00 P.M. EDT BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL: kelthgCtemarac.org PRE-BID CONFERENCEISITE INSPECTION: Not Applicable to this bid. BONDING: Not required for this bid. GENERAL.CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC.THE CITY OF TAMARAC MAY DELETE,SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS, IN THE SPECIAL CONDITIONS OF THI" BID, OR IN THE SPECIFICATIONS/STATEMENT OF WORK. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER THESE GENERAL CONDITIONS AND ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS. THE BID NUMBER AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NONRESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY Be DEEMED NowmsPONSiVE. BIDDER COMPANY NAME: Carmeuse Lime & Stone COMPANY ADDRESS: 11 Stanwix Street 21st .Floor, Pittsbur h PA 15222 COMPANY PHONE: (412)-995--5500 NAME OF AUTHORIZED AGENT: Bruce D. Routhieaux TITLE OF AUTHORIZED AGENT: Vice President Sales AUTHORIZED AGENT EMAIL ADDRESS: salesinfo@carmeusena.com BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: 25-3,254420 SIGNATURE OF AUTHORIZED AGENT; � � �+�� SUBMIT BID To: Cur of TAmARAC PURCHASING Am CONTRACT'S DiVIBION 1 i 1 7523 NW Br AVME TANIARAC.FL 33321 954-597-WO Tlhb sok"n is bawd pawwd to Mho coy of Our MWW snd IN In, Tarmrmc Coda,Chapter d."RMW"ti T=d . Our Ws= nw City of Novi , oar oomma* of Arftb V,"Pwdaiq ProcedunW,Sedan a141 ahotaa—A mm ft rw nsft b quW of Mb bwr+Mh amh at M4 rat bortwort a elbfant ao m my,womprora l aural ww wAtca and recapdAl emosMWrar. 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The Bidder show pr ipme a bid CNy ae is ore bled am ud cue may or mat►rat be wM ft uedmatmedlret ttnd no dim for puetdeses 1 bum argr ramdpr�t core, m, TM Cw mMx mural"be aebsrlled b pee OV for nwom the ritht b dsaraass or bem I axpmeees releadbw~pwpwdlorr. qum so or add or 4" mq bon teem tha oon#M B N Is delenri W thud N best series Nr 2. Wfr#IMWALOF90 hd --bldoleCly. T. PIgCtM.PAYAIL4M DWXti M A KBC"W= Mey Bidder may WKkv w No bid prior b the PAYNINIM boded gmdrut lima.The Iequ est tar wl hdmal roue be subrdosd in wftg b tM Pu► hs*v FIM Bddn Bid p kn did by Ind and•m to Woo. #w oa1Nd►aph- ceder BpaaW Condbm b 3. PUBLIC 9NUTY CtdIIiN BrATNIEW ow ebemae of a reMraas in tM t o@" CmMbi ,btd prices*W be Nod and tam for a A person ar dells who hw bon Ph ood on be period d A* oesr dsya,or n6aly 00 aorwloled order Id tbourdrto a aoraAeren for pander drys *m ttr =*aat east be ptft aryl aft mry rd aabd a bid on a a*WA d by another atenq PIIPINN wit be oorebad to pro" any Hoods or m*" b a a" mrty awot NOW ad aoom"we at, puW asrtq.mW net eol A a bid on it aonlrad rrrsA- h I Asrrioee.Cook daooeerbr mW to stand oleo a pubis w*tr on ooniu000n or raper d for prompt I,-a rrk Ma'am su*dswwbdM a pWAb bIft or pr+k vmk mW not aft* not be aoeesidwad In dtlmrrdrd v the(owed net 2 8UBW WD TO: Cmr OF TAMARAC PLgtow t e AND CawrptAcTs DMsm 1 1 1 75W MN Se AVEMJE TAMARA%FL 33321 954-*7-M cost br Ud WA&M L daquawowisn,N Now f dN b tab ww"dw to bw apaModsn wq mmnl%R vA ba awnsrnd t�ia�at ant oh�awfr Bkkhn are awt In Bkidw has u6mbed a eld Won wwwm0ed b PaAb~F"y bows h aonbans b d up**b Me ragtdrawra*al an the sPoos praomm ow Mw omFwm.Mew payaiar i bid doasn@M ad that 1* BMcbr NNwW b doomunt N ofNaedL the IkMw ohd antes aao P imbh ooadeldwam bmahid alaralwrd. for the paraarNaos dwowd b Ndnb not 80 it BARIrtBiAtbOBM01dTR#TbDNB days. N the INddw done not on*a paraa 1 9e d omiK k Is uI and speed Od In YNiwi raga d,arnpNs b bs A�nilwd firs pwy, Was shd be 2%10 day.,not 80 dsya of chop to Oky.M a swnpM N oagirsMed R of doe an On dos to to moslws onCb► muo be soau�NwoMosoraoo�pNlMp�oduoR,wfdniwwr WOW aMwMno aNrd b fw bid.brh s�N N bw tattydeb.PwyrnarN N daaanad made an bre ow a must be���So mom name, nd dab d to mollro d Me do& AN paywtwd n a .� ohd be We of Pub COYwll not be oorwrwd by tonal Oiowosnwrt F.l br npwnlp I The cky may AarpfApraarrtAo�F.B.Chwphr2lk. nquka%*q d tlw pro*W by an bdaparalwd a�ydftCWO - lm Wools in Me a UW408 podLd bls b oast Me Cby d Tamwm pm*mo .wadmo must be able aped bdbm h tided honk% to CRy raasrws to aoospt and worm padnratNo by dlraot deposR ow dtt b nrgidw Nw BMW b boar on ad of via --I m- ,W.,fwds humbr kobod d by paper bw beft moNlar b rendn� pol i of la by b 11. OAOI�OtiQI1I41MVlA71QATION Aeries to Cky of Tamwno woo to at As a part of On Bid wa Aft paoaas,the Cky msy oon"a bookp xW I r Ngdon I oll A @ bwtll Lm for more IF Imrr. This a 9. , mood ohm*d NW WO atlowa andbr raquirartwwt mar dblsr fw older oovarrarrardo �Viol s► by Me Bmmd Coady Shaft arWAW U*q 96 no ONO& BklM a hwbdm of a bW omelk*w L DMJVIRY col, N L"Iadl o old d and consent to auah No la Cky shah ba the so ofte h Al bnno du@ be ddvwsd F.O IL dsd On foe dswrrnMNrq blddsre on apaoMa Cky aI twa. Al MM auk and 1L 0018]111ON OF MAIN OM draroea Mal be kdiaNd In Nw bid pdoa AD m0lo b acid ppbdo wpoed by lw Nddor AbNrwb*.Se Wddw m1►bd In ud prtoe for In ���wbA bi bM shse oor�rm b to b be ar�pp 4 and a saI I ood for *star.The CkyraeaminMedgMbamW ordaa ftCRt►raasrwa tIn rqN b nlum or arty part bored wWAPA m-jg fon N ddiary N bw pnoduot b bn Bkldsr at ro cost b>>ra Cbr, not made d ties bow*s bbd b fhe bkL I& COPYINO tlbs OR PAT W RIOM L OF IQATM OOMPUAN= The BkkW warranty Md baa+a has bam no The Biddar may dW wN pasdnot%NO ma or rioiebon of I 1101 or pdwd darts In smab l a spsalAodorrs br arty NMq* 8ddar i m W*kft ; 1 W A o or sallrq flw 0nods dral su" asmpkb 4eeor5gra spaollodom pp ar meted as a m d d bi hK The %Nh Mn bkL The burden d prod for"@Aodw caber cones b hotel bw W Wmbu Rom d oonrplarroa N sd* an to Biddw. Ths Cby NOW,teas or aapaasa 000mknM by aq woh raewwa bw do to be bw aob)dp of what N Vblmft' aquwi and aooapbft Fakiwa td p vM fhb 11► BAFMWANDAM 1 k Big t wbhb Maaa Q basknas dope d Mn CWs nquW may be fNourds for bid The BWw rwnewMs that bra prorNrol(s)auppMd b 8 SUBMrr BID To: Cmr of TAmAw PUROHABm AND CONTPAM DNIM1CtN 1 1 1 75n NW Be AVE LMS TAmAwtiC,FL 33321 064-W7-WO Me Crq oortI -va r raspests a Mte a1 11 ,t ill-ma rNtllott. In Me stt o t of to catbedw ed tbM In to Oastt aft M SIM 00 HUM Ad sbartdwo ft Apesrtteat or cetnss M a to of ISM w gmardad,end shah be to OR Wlsnae tandrtetad, r"H -, Itor shad hdaradfy Mn dv wMh a mphr 44 FWft MMMIAw w wad m wT spirt IOM Pahbdr a b Mds Iaraa 1, btdwby elendMrds, Itapplooft Any back a. RRIDIM OIR:This opw mM shr Mrwln sld @Wm Isbd In tledw 38r-41A8 of the in " force ow Moot ody M we M to P oft A Coro deAttred M a rw A sperAkm 0 wille far b1 to A f owmd have of ftadarrmol lra i m m u j1-1 by a contpblld been uppntprlelad by In aV Camdesion of Vw m"Wed*Dmimm"Mam CMy of Tsnwna in the elee, - budost for asoh % PMarorAmm Mod year of We Awsword. rid b atd0d to MnNngMort bred on Yak d tmdl W Fahn an Me pad of to Blddar to am*wllt In 1L A rMMIf T oortdllorts,tams,spedlim na MW w91dwr- I of the bid shr bePel ammoforaartoslaMort of Mta Tlw $Wdw shr nd book or a*n the bid award, rabiftalso tp say PriMm I im m mquWd by We bid wproaA to Prbr rsnattlrsetwi anterlsnMa1Int o BpnM cortdlats wftn ootwnt of the Cly. Any award I omM hatakt. Tear Crq mey, by mWm naft to Mte pwaiw b I*bki and ma 1 Mrt may beaarr Bidder. irratI I to oortrgd for frlbrre to an hewletdergw nd awbpnble sewwwalh prior ped em.The deb d tenrdtwlar shr be sided in vwMisrrEppd Clly. Me rtoMoe. Tate Ctly altso its ore sob mo of 1L n p it R • 1 L MfMPMCTIt7N Enployaen d isle BMfder shel st sli Mans be under TM My shall hoe site ftM b harped ry ntebrMYs, M gals dlmdon and not an arepbyM or goad d apprL or Ma MI.In Bidder do l soppy aampaI i I end m m plelad wok spedW haebt. Arty cFeW Mama Opkm y c"Als, dye ft S Wer NwA be not aomplyirp wlh Meese gmdkdbm era vA*d wapo viol" b to CNV for Mte gals wW amledu to wpdoe N to opdm of the Cay. Arty Moms dad srrtplayaeswoddrp under Ill db dm v rao"atteo be nmawd fem In prarnleas of the MY andlbr nlAeosd at Is salbe sgpartse of in 20. NON n CRM1rN, ON&11QUAL OPPORTUNTy atrooewliM wmdor. EMPUYWM NT •. DEFM0.T. In addMort b r altar raradss Ot�tO to0° d Uw CoMwof, � wiftle b Mta Cl%Mils Apm me dol be at f ass Corbadw empalshad nd ors mplop i loam sty b aatwaNeMart by site CMy for aa�we, dtotdd site °'°r for rmpioymextt beeatrM d Carus br naiad or fel b psrin or obsarwr xV twos.color.east.wMylort,ads,rrlttlorrti alpbt,m wd Of Me rnslaMM tanuk, PratrMk , C I OF M, ar assists. poMor eIMlrMf aRl"boft Nabs, sarerel � hiwbt SIP k such at vA tel On n don a tt ie w al. lotIft Oontaalar wMi Iska gMbregWe etaMon b anaau i1M arnploysss felbos shed cotbw far a period d Mtbby pq days en bedad aft srrpbyetwA, YAW woad to goer mm"by Cardradw at wdMan nett of such N*m%oft,sae.Moo op, On a*% roodorf ikm aatrIr I soars. Pohlad dgWh% I sMttbts. n b. TIit VAMTM MR ©ONIONUR M CP so" alerAeMat, or dlsa It gtrrlad Sufi edats mwt tnotude, but not be NrrdMd 1q to CITY:The Mnd Agm me M mey be hrrebnbd by fol m l g: m pro d I -lion n or tare CMy for cam arttertae,upon I*(M drye d a -- l rI reottdgla-'or A w o!adrsrMeino.heyelf wrlktn notbe brute loft Cadraalorfor suds or terntbteMsrtc on of pep or other bmts d Israt>tte+lort In whldt gems Ilia Conk alor"bs oarrtw+sala arA adedon for I I 1 8. ItoMrdittI pod M 10116ert1 on for oonfotatbto p apprrtlossI N The Conlader ald agm Is Pod deMswd b Mw Cry Ptlor b iarttkwlort dds, in aaupiomm Om atrd"b sreployase and btoludbto saMoss regsortYtly ralew to appb"for m ipbj l i mba b be P AM by 4 SU MINT BID To: CnY cw TAMARAc Ptlti momw0 AND Cowm4me Dwom 1 i e 1 7525 NW Or AVErMJE TAIMPA%FL 33321 954-597-3570 Move oordradMtp allow esllrtM forth"Wotdalr m of Irtokr w Ods rtorrtleabnittalart d4ursa.-The COnWldorbra+or PnmlwVOpwdorw rptase tttd iteMtettra enwre Mtd slttboonaadora,a Coram"Limb r �t�da d and compy wan Mds Fed d iotal�Cattp'l-W ollw orw . m. TAXIS Broad frwm Cross LOW and Swwabl r d kart Chow The M d Tarmm and d tmgma of to SwAh ad Foid. oawrra m t Purdw ittp Aube obib t.trdrilar =tA/km $I,Mlo M Coopumen ae awrnpt Born an F.dend, lards, W=IMIP t bb" and UW inas.An sttrraplo L ow0cab vA be Go spar - I, i praAdedwhm apploabh upon ragtweL Bmployu'e 2& OINrBKiN CW DBTO" Udft Omission of arrp snsdol days tom ll a NOW BMW nor any auboon=W *A spsftdm VA nd N&A Mte W* Of oaeemt W*utdertiiaordra l wd vw keys suPpltN am*pOMICRO a abI I l d ktatetewa niqutwd undo MtM sedon �. INIWRANCE ItBplJ8lBftBNTa and here atww Mts my wo aw"m d No otrwape to Mw than d an trtataenw Owlloate Bidder apntas b.In lfte pedbratanoe d work and and mod.The BMw YA mom Mal d seralow under Sib Ayreerrmd, aanpy wilt d a&oonft*m wM aaraplp telh the Wx w faderai,d"ad boat lon and repuhlotr now ukkkw atd tell mitWt to rtsoasearq In alMaf,Or In slimlov srtat bd dudnp to On of 00yarapa MaoupttoutMts tarot dillsAprseatmtl. MtM oprwntar!bat air apploable to Ctonkador, Al irauattoe omr' and be mMd at Mast A•W ill wapMyn% apenkh or euboot*moMs, r sty, per AJA.Baeb KsV RMft Odds and be loettaed wan m"d b the work and a vkm I ,,Ited to de bu*k In PkN shell be hams MooiamNW tam Each codes M pktr the CFO Biddor shell obMn at 8kkW* artpem e d ~80 fte noloo pttorbesna Mort. rtaoo i m bauattse In such I=and amaed w The Bk%Ws NOW bnudetoe pddas Od be regtdted bi►"C O no a sd*Ckftw' I m�,� b add the CW of Tataamo m an ba91 i g work under MAW- no tt.Bidder ehd +mod kuwad. Tim BkkWs %**oft melr*A auoh Nauranoa it Id bane and.said Ca rfamelon MOM will p WAft a Vyh m of dtt" Mte a d late Van" BM& ells $1lbnopMMn b the t�. The Bkft shall be provide b " C" FM t tta* Cillosr I m1 for Mte paprrant of d deAraWhe and ,m 0 m ' or d Ytemartoe w ad I' under Mill eelE�rtattrd drkrttlar. eadm prior b beplraitp wW work u w Mi AMnenwL Biddy ehd Itdetn" and no the TM CWj mW m*ft to the MkIder padtaea a Clgr hartIN I Wom ON dmmpe rest lla 0 b It for bond b oerar the fat amsW dthe des WAb ar Blur d silts► BkMw or am auboortMedor to ssadtmund tatttrll, If the Bkft is In pmft obbtn orttt mild KO hp mtoe. pralrasiortsl sm%im under MtY Aperannd, lte The [aim .1a an N*d* "a and ntbtbtamt Bidder mtrrt povde lte W# wtb attiOW of aft of MINNmtoe *a- me which to 8kider Prttlrub Udit bteumroe rr, d a apww b atMOM dWm fhs Im d#b eordrad, a Math d i'1,momb a Dar ooaerattos and In to err Um of WreMtawl Ooounrnae ApOnpde bla for r F lens Lmm kmmncL COMWAnld Ones rat $1,000.W VIAODA00 t 5 SUBMIT BID TO; Crrr of TAft Aw PUROM806 AND CONTRACT$QM810N 7525 NW BeAVENUE TAmmAc,FL 33321 954-597-3570 A4. INDlMMMtCATICN wO uffm a ho WM of dO rteosesery to perform the work Any poWW Agfwr m dnd not be The Oddsr vW b>denar4 and twid hembe do aondrued m P I OW )ft 0 IPM 0 Cly of TOrm so.b dsdsd and a,I A I d cMdW Ns baaasn en ctorAwolw and pn chy and enytleysea tla n any ant ad al>1 =b, and to CNY wtd not be W*for my ab Won adi,ra.dantagee,fidit,and w>par- , Qnduding btounad by Cm*mbr.' ch I g but not d>r>Med to oft. d'loos)in mwmdm vAlb bee of Ak bo* utnpdd ink m wages WON wamm ar pereonM ", ar popo% damage. boluft Fwam bee of use pwrso d m*«b>d;w% oataed by. 2L CLArAWATION AADMDA raslit front, wkft cut of or aomo*q In aor>raaMR wide p+a op«apat>s a pw tfidder«toll Whwe Own appe to be wrlr>toee«aonldab aWkw* Wwqpftabom. or balwm the Gansrd Time and Condibrn and oor>treolm so ;m g a*such bee pte Spedd Cor>dl m w dlbr Dewed of ft badly or psta, bray.or properly dnntage gp 919da a auftw in ft bid, ft apsdd so*abbuW*is the grog neMenoe or wddWl Canddlons andlbr ilta Doi"8 shad mbomdM of pie Cl/of Tomso or Ns d@cW or f� I FF Fd Iad OM*b and smployan. cw rasetvas tla rw to sstscl Ns own lapel mmwt to a xAm Tta alddr dmd ewunine ad bid doourm*and OW ddiatse In wry mm*proomft and is w* &W lodge aft rt do rdadnp to frts ade*mM and fees mod" urearrNet shed be Qm and aocumay of such doamar&a,upon mAw, mpxwbmy of Cartkar tattler ft any m Lill rrrn In ill OF Om as found.tlw Ikon rppesrnerd. ter Ad m,r ' pt! Pwd=Wv Oft 21L MIST COMTRACTOR bawadiddy. Any hq*es,at> ldlone, requaets An Apnm @nl matft tram ft edwlW don tniomuft� '«fib for ediland not anode an MrlployseN—0--yor � shall be subMbd In oft b pre bdr " the Pardee.a is pw bdmt of lm Pardo �O and Canbaals 1Nar>lger. Md lw b an hAp, 11 Iont>baobr The CIA►of TarrRcao raeerwe the rtgtd b amend under Ws Apremant and not pts CW*anpbyae ft bid prbr b to IM opatbg dale b>dlcowd by for any piopases,b>duft but rat 1 1, 'to,No mkimt adde1 '- VAMP t addsrata dW sane as opp&Mm of In lW Lmbor 2-- r'ende Act go sole man a oisdllao, The CNy shed not ndnhmn wage and awrpnn popn>sMa, Fabo be mspaimbe f ors M pn0mm i l glwet by arty balsams afthdlort Act, to sow ftcu r CW/empbM or Ps ip i o,*dbd 1 ft pte Fedsnll Urlampktp" Teat ft rte W. WDTA!R"T= prow"W of pn bland Rswsre Code,pte at* Ws mft Oompsr"on ft and pn aerie Bidders aW download ors btd IdRb ort doe* Ur>sRdtloy meat munum taw Tha Convedor ham the M>- -ld shad nadn sob and abaoUrls disaadon in I* my do" Rot Ropy ursluaosesird wAftm of judlp w d d th�w d R>rane of mnft out oordraot awards. cordrrr*ft $*Ass and raaporteI'm hws ndw pra'-N , f Am that adrnbitr" Puwu"b ftMts Mob Oupbr 119.8safion pmosdum appdoabia b esrMoee rer>dered under 7 ft soled 6Mb or proposata reodw I W an airy poWft Agreama t atail be r ft" of mgm"pumrod b kwft rrs b bld or m Amb Coa&=W.whist p ftm d Oatriaol«ehdi not for pqmdb m ammo tom pte a oondfot wba CNy.81Ma or Un bd OWN pollee, wAmollon (1) and e. a1W. Art. I of pte 8bnb rules or mods r>s oala8>g b pas wo of Congdon um such sm as to agnwy posldes Canitaobra Ink pro for ttwWm. The nu ft at*doolft or!inr>ded der" ' puraumd Cardredor egress plat N b a sepwam and b F.B. 112MM or wtfhbt 10 deye dta 1 illpar>dmt adMp 1 1 I m the CNy, Md N had pppap)aperdng,MAddteMer b ealbr. 1WN appahnlgr la*0 oMr btakm%p>>rt N has made Ile own b>reeirlat>d h fln IRrab>sss.and tttat N 6 II 8UMIT MD TQ: CITY of TAmwAc e PL Rcwmmo MID CONTRAOT9 DivlsiON ► ► ► 75O NW Se Av TAMARACK FL 33321 954-607-M70 �. Ma ConbodW Od hkNnldn dkdt 00 M m d on oonkaa d bookk mpofb and noodb in a000rdnka wO gw► * a000pbd a000ua" prootosa aid dw dwde for nuan e dtao*rsidad loft A"No wt Thu fom of d MR I aid mporle dW be &*d to to app mW a to Cty/a Aud➢or.The GDdlnalor mWm to aW w&vftW to tw CW*Aud w.&ft ndmd budam hwas add In DMWR d.Dads or Palm gsadr Om mom d books of eaoouK rep*and raam I oddW b ft kordrs ml tar to dwOm of to=Mmd w d reW tom for a mk*msd pwbd d o (1)ym bspmW to leddoy ort000ntra A Min. 29. UNDMAWCAD IM Whm a urot pda bid hM ve bb or M6naMd QuwltAm aid the bid shows a,"- a- of unbalwi m bid pdit such bid maybe Whom a k1 1, psnml bebwar unk pros add WN pdoa b Nxlbabd on a aktdift sk+bn M 9dwftb of aid Pdom a Pdoa PropoaM Fam to urdt pdcas dW pwaL 31. 1lENt E Any Apawmwri w d*v ftm ft soA-1 m p shd be gawrod byl tos krwa oflha 9hm a PHdlda ae naw add bwedbr In ioraa The vw w for=Me arls M VA of lhb agraaikwrt b&md h Bin w County,FbdclL A FOAM AYpFAEMW DOCUMW The Clgr may apaoh as a pat of ti oddMl m a Forth Apwnwd downw& aMdwa dog be rsspdrsbb for aornpVm Wh d of to bins and aonkM n of Ow Fail Apswiwd o mawt Ii kwkdad hsaobo.oampl 0m veNd er m Mcrrot b"npe say be kWkWld in arty 9padd Comgm oorr' ' 'hwah 0 Mwa Ad rob amyl dwW= at wriarroe Mtb to Farm Apraamant dos w4d d to On of bid 7 PURCHASING AND CONTRACTS DIVISION INVITATION FOR BID IFB 11-25B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 5$th Avenue, Tamarac, Florida 33321-2401 until Thursday, July 21, 2011 at 2:00 p.m. EDT (Purchasing Office time stamp Is considered official time), at which time bids will be publicly opened and announced for: FURNISH, DELIVER AND DISCHARGE OF QUICKLIME The attached Invitation to Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The governmental agencies participating in this procurement and their respective delivery locations are listed in the attached document. Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery,on or before the date and time referenced above.Any Proposals received after 2:00 p.m, on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re-advertise for Proposals, to award in whole or In part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained from the Purchasing Office or via the Internet at httt3:/1www,tamarae,orca. For inquiries,contact the Purchasing Office at(954) 597-3570. Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager Publish in Sun Sentinel July 06, 2011 and July 13, 2011 'j?6wireed eo ctie!lrrrce...+i�Pcad�.R 7525 N.W.86th Avenue I Ta irmc,FloOdle 333212401 P:954.5973570(F:954.591.3665 c*ua.OPPoa'llniry EAFLMR B 44 • ( i.LY3 .I rl1Pi 41110�i} .,,I'l + 11i i}�l,�l l I A� Ix tl gi>.51.rii ll1 1 1 Cooperative Purchasing: The Invitation for Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty five (45) government entities have participated in Cooperative purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document. 5 h st Florida Governmental Purchasi d Coo rative Procur rn t 02grational rocedur : • Each participating governmental entity will be responsible for awarding a contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) -awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contractipurchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • THE CONTRACTOR(S) SHALL. FURNISH THE LEAo AGENCY A DETAILED SUMMARY OF SALES SEW- ANNUALLY DURING THE CONTRACT PERIOD, SALES SUMMARY SHALL INCLUDE CONTRACT NUMBER(S), CONTRACTOR'S NAME,THE TOTAL OF EACH COMMODITY SOLD DURING THE REPORTING PERIOD AND THE TOTAL DOLi..AR AMOUNT OF PURCHASES BY G MMOOITY. • Mugligio-alitiegother governiMental a tities whi are ngt members of the goutheast Florida Ggyarnmental Purchasirm Q2gpjrativ§ are strictlyr i i d from u'I' ing- gnv contract or purchase order ,fgjWtfig form this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida. Governmental Purchasing Cooperatives members may participate in any contract on acceptance and approval by the lead agency, • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s)as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" +a TANIARAC l lol'-MCI •.1•. 1 r • IL'l i _ �� it.:.il ��=1f..t'-i� w.Al.l A..:1. a:.l...•J..L.1_• 1:. IT 77 •' .. L•11 -i,t .'1 '1', t` .a`. I 1�.1.. '.i.��:1.': , 7 71 : r..,i� ■ '! •�;'ll� - r.•1 t . L'.-..�1::.' ,'l ��G.1tL.ai� 77!79T IZ 117;K i.1 S:! /.��. • Il ✓. 11 1L i11 "�,irL : -.a•1 IL 1 •1 Yl.li;.i'.. au.: 1 1'1 '1 �� K`I �� .-T-lam r�.lt �._ .�1_ u<•.11'�.1: .•a 1. 1 �;' ../L-y«,�.. 'lr ' iilv's l'77.1 I 1 i PI .h t 1 1 r Coy of Tsnmaa �..... ._..... Pkmvh_*g wW Co M M DWWon spite COND"X Ns 81)il4w FURNISH,DELIVER AND DISCFUROE OF QUICKLIME 1. PURPONOPM The CRY of Tirnarao b haraby nghraatrp Skis,firom ?ju-m d bkidas,to sui*gUiddkna par to oc d"m and qm bm na oontdrnd In#fb doaunsnt. 7fo oorit m it Cann ahaq be for an Whol perbdao trbrr lm( ) l gy :1111k f t1ywr pahodds,ixa*llh d pporlm agm b R i eo�lon and torwaM bans. Thb Is a Coopwalive Imilatlon 10 Bid Nwiad by to City of Tanum an bda of do pwldpaINfg gohrammiM erNwse,reforerhoed wlhbf tds bkl document.All qua dMn Chian as aelim I of aloud uaapa and mry be increased or deonaead b moat to n qukw nw b of sob parlbtparrI No wipranty b gNm or Impliad we to to=0 quwd w that will los used dwfrq the tam of ft canbwaf, Z CONSID8RATM FOR AWARD The City r aom the flpht to aonelder a Bidden hMM of dtalona andlbr vbletions of anvkamrmntd mail' On In dnto n kdi a Bidders reslfofwlbNly,and twilm rsaaves the rIg ft b doolon a bidder rat respohaibb If to hlslary of vbl■tau wananls such dsWff&A L A non.rjbffdmft of any such docurnantolion dO be des -scl an Wkmsft by Is A... the than we no A-I m - or vidollow Bidder *4 no* to Clgr ImrrwMob of any oalletil on or vickeft reosived aft the IN aped V dds and dwYp to time of pwbmmm of wry contact awarded to tkidder. Olher oonakbratlons for award Nfduft A The aitNly and copsolly of the BWw In pa bu the nxp*wnwft of the bkf. B. The evalkelplilly and qudty of the Mat product to the requkwd ues. 3. PRE Prloas quoted shall be F.O.B.deet iellim aaoo dl g b the rota In ellfeat on the dale sat b1 h In the proposal and shall bfakAs d flnl surdnrgw and dan umige ahmgas. A Conbwct P**g shill be based an ddvarwd ooat par ton.The Contract wan kmk dee d labor,nfaid*and Molght alfa gem irking shell be firm br the hAW m m I -ot pabd them N wrnbar 1, 2011 #mmh Dooarnbar 31. 2M1. Pricing ohm%" WE f:f OAK be etbwable on a quad* baabf In aocordsnoa with Seatbn &C,Twel atop / Da smaho n"shownamokf. a. In aom**w lbn of ft ballons In thrall pfbss, toe Cty will allow rd wW bucking fusl sumhapas during the tame of to oonboof. Rd BumbM..The roll foal asalrwge rob will be based an mW an A eta,kwaiosa or Poke ed aft of the contacts rall oweim Oontaator shall p ovlde doarmsrttion rpardinp the ral ow Wo oft ae a part of to requed for an @*oh *to to tall wudvq& No surcharge will be appNd an top of m othw ono. The Bidder dwid provMs a rd full suool wga sdw"as pwt of Wsb bid aubmltah in tie were provided In Appwxlx B haabh. JoWft Sggcg-The buck W wadwps rats will be bawd an tie Trudrkrp Fuel Sufdop Boca oantakl1 In 8 Omsk, which shall be deMrminad by i skenolnp the Retell O*+Ilgt Mwy�Prloe—U.B.Amrwpa,as pmldod by to U.& Depwirmont of Energy, Enagy kflorm ft Adrrfi g*dloh PM for the third Monday of to find month of each quarter. The buck fM will Imp rt ie base to t conkwct price per lon of quicIfts traneportad affsothraa�li tie sta next%aft. 11 CRY of Tanwrac_ ._._.....�_.-_--- �._....----.__,.... P�urd Ni +hMCor acfa a►we o►, No mw i-I rge wli be sppled on top of another orm. 11m bidder d*N uMlae the VuMV fud aedhsrge coals Inotuded In Appendix B N o bads for a4udmenl. and surdw �wi l bet�an OW s e. Tla DOE R@W� Pdw—S MY be found at C. 1. The CYN wll moo*p*eak(tastmahb an a qu■"beats an January 149 Apr% July 1 and October fa of each year. The Conhdor mat wbmk a Mident doounw laMon b be given oaaldnsYon for a p is Increase, and must Pm-on s prior decrease when the Conbadafs oosb we reduced. Approved documwd ion indudss,but b not grrrked b puM Mhed U.B.Oaparbrnrrt of EmW(DOE)roporta on OW ooab, Pistl's Coal Ind", U.B. Bureau of labor BMWm (BLS) mporte an Produce► Prig Index (PPn for d oonwnodMlss, U.B. hrformelb won WTI pubN eftw on spot crude oN pries, Power GWMUVah, Tramnieion end Dk bUMxan Index. BLS Crushed and Broken t.krwebrro 1wJW BLS mink%M whinery and Equipment khdeot;and copra of vandw nwrrthly k"-nW cost reports wWw actusl Involoss. 2. Rd and Truck bftht dwipes and dmVes for banter ooeb nxpft written IgionaMorh item vendor's tirelght and banter arboontrealors, provided to tw PwdwW q & Cortagb OMMon prior b b> W or, A a term aorpholim of Moe 11..2011, I b i l and Ia000rdanae AM� sdwtk WwAbd In Sedon 8 c 1 herein. 8. The City aelarowiadpa fist CorMrmiWs rap send truck cm,Imo axyust first aurdoW monthly. The Conb=W wW apply fuel sumhwgn for each quarter based on to amount of the rat and Uhrok Ital su ai-mges in efkd for the naM p me dhha the gaaftV pda dmign ee admAsIed in a000rd.nos wlhgp@MOmdMmftdm &B'Prlobha',Imob and uMft Appendix B is Bde Md. At the and of each quarter, to Codra W wi l pro c,, s"furs up'by am--park%the a"moV*ral and buck Ital aurdwM for the quarbr b the rel cad tuck foal asolwW knplemsnNd st the dens of the*mv"price ch■rge. Based on dit oonrpsrNon,the Cahbador wil Issue the Cly a a*&or debts IM rsprssenb the vaMince. 4. Cost a*mbmft,in all cases,$MR rftd 0*a dkeat prse ghrohpih d GOON, end rho dmnpw to dw CaMracloft PMM rnahb eboll be ponalMed. The CRY ndth ae aorrtraolc►msy alto ulmme neon ib n Incise or 4u MIN■me of brdlca ko be mubft agreed upen by the City and for, when dahmOnIng price Ingresses. 4. DMIS FOR ADJUSTl1ENT OR REJECTION The Cky reservas the dght to reject, at the BklWs expense, sny shipment fist taps to reheat to speoMloetlons bW hers h.The Bidder dwl be given tw dy-ffau(24)hours oft blurs nancelan to amrsno- for khdepwW&t leboni bey andy*of one(1)of the rab red samples loom said ddpment. B. DAMAOE TO EQUrMW if N Is deMnI ned that #w Bidder has shipped a product other than that spsotlied, rm Mrhg in equipment 1, Oe.be Bidder dmU moan ful responsibilty for the oast of repsirs. s. DEUVOtY Bidder shop be espme of and cams to the following: ... ........ ??._. _ .........__ -......... —--._ .............. arm City of Tarn..... . . .....____.......... . .._....... _.......--•--_--.Pwielush and Cosh ns Dr►risinn A. Delvery 244mm per day,sawn days per weak. B. Furnish a weWd owgkmlw wlh each @Wnw C.eMlOoab dW I I Id pas,brs and net wsiphb. C. Prov a pty"and olrennbd anaytsY wNk soh delmy. The actafysis shad be arl ied and polo i acconVany� ta■ V Iebaabry. A one (1)pound ek%M sample mud hipinerk D. Dallm b the 111 ,10 bd ballivas end dMoh s go product arum dicdly into the spaoM@d stomps tank E The daft of bss,+nkay or dadmdkNk mgmrdleas of ors muss,dol be on are Bidder urM to delvery of goods to Ste dsslpnaled Coy or agency IoomUayr. Tlb b a,e prods shd pass to as City or agency upon delvery and acaplow r. rrv�olr� Involve steel Indkrsls Punhese Order number,Udt prig,extension,IM bNed and any slowable ossh discounts. a WSURANCE Mdd,m shW aubmk oopla of th*currant kwxmm ceruflodes wkh ft bkL FWue b do so nay amuse ny.obon of the ekl. Y. REGULATORY COMIPLUME The Mddw did submt m atdwrrar'1 oat the product or ctrani mb added to are dnhN wabr connbrnw to the NaftW Bw*M on FowxMm (W) 8tanaena eo (or milmamsd sNemalre atend■rds). 1a SECURITY The awarded CorArodw dM be ro#dW b oompMb Ifs"Cwrlraabr Pass Rsqusst FbW(See etbolne'ErdrbN A),wllh photo kfsrdN 1 I m of al peraortlyd Wnor'91 to bs om pmrnbss ad CNy dslvery►eNee.TW tbrm wN be sent b ft swirdad vwWw(s)wlh ors Wadiorr of awwrd MW. PeraornnNrd , edcMMo m a aw d-l-m m i shad be npals d b•re CW&destpr mpressim"in wF- vim floc to s number to be paridad by aw using sgwnoy,wNhkn tw *kw(24)hours of � aheve, by nrodMlaaaon ai 1he names libi Me d on are arig W Contra ass alor P uest Famn, AN pwsomrel steel dwa 4n wNh as SmouNy Gwrd or OpwaW on duly Immedlm w upon a. at any delvay kromlon.Phob kbnl @ft%purpose of vhk end Hanna of CMy aW oonla, steel be m p*W for w". Vendor 010 eraue and onyx Whodand vendor employees eM br Wrofted Cly pweweu o shed hove access b VwWorAW valrclMr work &% e**wmrd, work products, mpoMs elsobonb ddm end asyfal oarar krbnnoln pwlsbrkrg b the My.Vlendor sI M not s".arty unmalhwbed pemararN orrb any wank sft Vendor %A not mismW discuss or d we any b n aft an syeisms,equipment sn&w operagw^b my non-CW pwsonn a. Upon I eft pmmises, eM pemonnel SW be mql,*ad b ahecic out wM On$satyr Ouerd or Cpm Ira on duty. The awarded Con"*r shod be held ragww le for amp"V wfMti ftse p moedurss. 1S 1 1 � 1 PurchaPhV and CW*&W#Drvdslnn TECHNICAL SPECIFICATIONS BID NO.11-w101111 FURNISH,DEUVBR AND DISCHARGE OF QUICKLIME Type 1:Pe bbM Ibae,bulk must be in a000MW=wNh Standard Arnaken Walsr Works Specill p ons B- 202-02. The k4owing m 0mmenle and Weft procedures we apprmble. (A) jAdMSB" Minlmu m temperature rtee ettor throe(3)mUades slating time shall be 40 degrees Cady. (B) Caidum Oxide(rdim Q - SW contain a maimum of 92%free Ilme. (C) RRaa AAor Skidoo Residue stroll not ba n a+s than 2%by walght on 100 mesh Mws. (D) Mm*tl.Procedure 1. Apptadmagiy 10 pounds of lime shah be taboo by random aampkq during the lime that rich shipment Is being unloaded. Al obviai le to be IrmredIMW Placed in aMight conlainera to minim ca ilectwilh air.This tan-pound eemple shell be used for teeting. 2. The sample will be quartered and each of the four(4) aW be placed In Wftht Cho o quarter (1/4) will be used by the C�s Iaborelory for wWysk. Two quest n(W)will be set aNde for use by the Bidder and a refsns dory in the want of a dispute.City will use the final quarter in the went of a dispute. (E) I40111 1. I�oa.Blf� As--we in AW WA SpooMcaftrro,8-202-02,Section S.4. 2. As ooyered in AWWA Spadlhmtlons,B-202-02,Section&3.2. 3. Residus Aftr SMna As covered In AWWA Specdicellcmm B-202-M Section&5. (F) Tiro Pebble Sim Raaui ed f6gong tom 1. Pebble tine*0 be beWmm 118"and 3W. Pebble size shelf be between 3M and 1W. 1 t C 1Y of Twn&VW Prnchftalny and CartrSM a%*000 Ty"L 144K Omdmr Oros,buk The folrAM mqukan w tc and teslbrp pmosdums am oppaca ft (A) BAG min��reaol�IvNy.Nra9 ASTM �40 d pmMCer'Ngnrde.Sam! ResdAr. � + wvgc '� (3) (B) Shag d idnn a mom of 92%Auv Ibrw told and a rMnlmurrr of 87%avalla0b C80,pw AST'M C-�6 rrM►Ihod. (C) OramW product U.S.Neves Mae 0"x IN.Bulk d&i*werope of 83 h per cubic foot. RomNnder of Pape InbMiom*Blink Ili i City ofTjwwac - - --- - .�.�.... �....... .... . .............Purcba0v and Cw*vcb Dlwsia► DID FORM FURNISH,DEL ER AND OISCHARGE OF QUICKLIME 810 NO.11.258 Subs by* Carmause Lime & Stone July 21, 2011 t THIS BID SUBMITTED TO: City of Tamerea Purchasing and Co�9!o to Marker Tif25 Norllwweet 8a6''""Avenue Tamarac,Floi 33321 1. The undersigned Bidder proposes end agrees, if thin bid k soaapiad, to enter Into an agreement wIh the CRY to perW and Aanlah d Work a specleed herein for the Contract Price and wihln the Contract Period Indicated In this bid. 2. This bid w8 remain subject b acceplsrwe Tor ninety(go)days Mbar the day of bid opening.Bidder wB epn and snbn A m egnenrre t with the necommy docurnrmts rehired by the City WOW Meer(15)deys prior to the date of the CWs Award. a) Bidder hoe hadllarbsed Ibreif weh the mature and extent of the oonrtra91 doatirtferta, barely, and all local cordbom end Ism and regulations Met M any mourner may affect cost, lea,pwfw wnws or fumWft of its Work. b) Bidder has given the City written nodoe of all coMenicr,amore or diewspencim hat dt has discovered In the oonbi d documents and the wrlA®n resogdon hwed by the City Is scoeplable to Bidder. c) This Bid Is gwn*w and not made in the interest of or an behalf of any undisclosed person, km or oorporatloe and Is rot ed 111-1 ion oonbmdty with any agrermnerrt or rules of arty group, asociatlon, organkWon or owpormlon;Bidder has not dit*or Indirectly induced or sollell any of er Bidder I*subnit a Use or sham Bid; Bidder has not soblolled or Induced any pm=x firm or aorpoislic to rvfrakr from bidding end Bidder has not sought by collualm to ottatn for bW any advan4ge over any oher Bidder or over the CUy. 3. Bidder will compere the Work for the prices shown In he"Bld Form'. a. Bidder agrees that the Work wN be eAMondelly perbre and oarrnpiete do a000rdarrce wih the schedules espnbeshed herein. 1s i 1 c ty or ranwac pun*�wlg OW.Conklm lion IND FORM (GMWKI@* V%pmpoee to Unish the fdowkup in oonl m*y with alto speAc dfione. The bid pubs quoted am oeriMlet' to be owed 8eid prim ore fmd and film and shall be paid to SAW tr the suooamM oompl dan of Va oblada i w epeA in the oor*vd doasranb. Rd and Truck fW sum areas are not lnohrded on tits sproefthed below and will be hwafosd as eepereM Mne iteme per the requkonw is oullined In S KOm S."Pridmor of the OpoM Cord bm herNn. To secure omftulty of supply.N M the ktl W of the CMy to award ft bid b the lowest resportsbls end responalve ttidder. The City re m Nn the right b award.the bid on a so order bole.lump sum (pure eared) or ktdvidwl Mom belie union oth■rwiee stored. UUM ME PON TalCHIi1ME COST TYPE I DlI.NER� —Pebble t.irae 200 8280,93 BroM►srd230 OK I 13VI N 8t do Rood 7 2.500118- aooLa SaQ0,93 "D*L2NE61 4 1 $200. $80.93 $280.93 dNW slQdl kw Corsi 000 - a00. 0 of m Genie 8Me0h w 1 -= 150. 90dOmiMN 70 AY .b 18- 200.0 80 9 28 3 owndDevM A 1 -31t1 200.0 80.93 9 of OssrftW Bosch Goolsby Blvd.-V"Port, I M4 118-319 Boom $200.04 0.93 280.93 of Beach 1 NE A 102 118-918 2280.93 of Fat t,atdsrdde M NW 3e 8t Ft.LOMM 11APO IN-318 d 216NW -112 0 MIM 3441 &rrd. 48'1 -318 Of URK14 rhl0 NW40MAymmI.euderM 11570 -112 NW 118-112Zoo 0 0. ofmkmw qwSeTWMLWww 1000 118- 200.0 of Nam Miend 12M NW 110 Aw North Mend IAQ 11S-= 200. 80.93 280.9 of NoM I9I5O NW Ave.Ww ,'tlerdsrts 2,500 M-412 1$200.00 Ot 4.M IM-318 $200.00.M.93 of 901 NE 1 BmM 2JOO iffl-34 $200.00 eo of 8u t wdo MO IM-3/8 ofSunrNe ita100im MIU -= $200.00 kw of Twom M314WOOtObse Tamomm 13a0 U8-31tf $200.00 9 280.93 .8.Wdw(Cl y of North 841 NW 710 Avenue.North lmWwdit Soo 118-= 200 d 1100thm"Twomwofton 1170 1 -31d 2 TM`-- W CAL ommdwfm 1021 N144t Ave Hdywood GM $150.00 2 Mba of VyWhyfim JjIQOW"mTwwLVMMgWnz0 .oo $80.938 Tdd Am W Tommuml UM _.._...... .. . ............ _... .......... _._........ .�......._.............,..... __._... ... t • t City of Tamanic Purchasrnp a!!l COMM=DWS1011 Delivery Location Special Conditions: (1) Conil Springs-Must deliver between 8:OOAM and 4!OOPM Monday to Friday ONLY. (2) Hallandale Beach - Delivery to be made by a tanker truck a 25 Tonsishipment. Lime to be pneumatically transferred from truck to silo. Delivery must be within 3 days of order. (3) Hollywood -Wastewater Plant - and Wage of Wellington Utilizes Hi-Cal Granular ©ukft" (Type 2). (See specification for HI-Cat Granular herein.) /� ram, c'. c.,�.✓ �»,--....-'.- w.._.,.. � AT' .ft/_L.. ..+1: �1 r �ljtt!If�-����� AuthorizeeSignature Authorized Signature Bruce D. Routhieaux, V.P. , Sales TypW/Printed Name l City of Tamarac._ ---._....... _ -. _ Pun*osft and ConMids Dylan M ROM FURNISH,DELIVER AND DNXNIAROE OF OUICKUME BID NO.11-268 Carb"m Bkf"i NWW- Carmeuse Lime & Stone NOTE Bid submMdB wWaM to mrnrsl sipnalure of an wMrorked aw t d the BMidw shd ba dasnwd non-rsopwmke anl Ins>W*Ibr award. TERMS: 0 !i. DAy& Net 30 days n B %in yI q I*a OM z tars twlsndw don allot M80 of Pmhm Order IF"NO w IB ,mms PRONDL TIC POI.LOMYNO NrP'OINM um.. PhOO M MAW nMoMN1 why a w Propos I Is not be ft wbmNted at db fl m It bm the W Form to avoid nnroval of Okkkw tran do Cly/of Twnrn%vendor MMrq. N/A i t � J Glty of I"ameroc Pf(tchasinrg and Contracts Divistnti REFERENCES Please hat govemment agencies atx w private fimts with whom you have done business who uWaod a surer scope of services to the City of Tamarac requirements during the past five years: Your Company Noma C t4 � .. m ... ..s.tone.... _.------ ----- Address 11 Stanwix Street, 21st Floor --.------ - City State Zip pit<tsburghL •PA_,,,15222 Agency/Firm Nance. ** PLEASE SEE ATTACHED 'GIST OF RERERENCES Address City state Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Flit Contact Name Agency/Firm Nam: Address City Stets Zip Phone/Fax Contact Name AgencyiFirm Name: Address __...__................. City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State zip Phone/Fax Contact Name _____ .. _.............._� ... 21 Cs norm Limy&Stmm,Inc. Smdh«n Sala Ftpion Lonewsw C"m*n.(Sminr+w.AW List of References: Updated February 2011 for Quicklime. Addmn 1I5 HOW 2MN 8toba ZIP MOMM CAA-30253 Contact Nana Andy Youmh Pumhoft PhonelFax Tom of Contract -JymV wq&of Name Address 301E E.Jackson Skmek 2E CRY,State ZIP Tamps, FL 32 M Contact Name Sharon Hartman, artman Pumhukig Phone/Fax 813-274-8361 arm of contract lYwIv suPOY of uk*Nme Addron 111 N.W. lot Street Stabs ZIP Monti FL-33126 Contad Name Herrnart Ram -Pumhuft Agent Phone/Fax 305-276-3180 emt of Contract —1yowly mpply of quickkm Agorwy/Rrm Name Cky of Boca Raton Addrus 201 West Palmetto Park Rd. city,86111111,ZIP Boca Rabe FL-33432 Contact Name Omo Essen-Plant Mmom PhonerFax 551-338-7324 Term o1 Contract lymv sup* Aamcy/Finn Name Tampsr Addrom 2575E Road clk Stets ZIP Cbarwater,FL 33M Contact Nw" Tommv Brown Senior Contact Maneow PhormlFax 813429AR7 arm of CoMrakx Y supply of qukkkm CERTIFICATION TDOCUMMTMUST U S TH THE We(1),the undersigned, hereby agree to furnish the item(s)tservice(s)described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation for Bid, and also agrees that products and/or equipment to be delivered which fail to most bid specifications will be rejected by the City within thirty (30) days of delivery at no charge to the City. Replacement by the bidder shall be made within thirty(30)days of the rejection of any products. Furthermore, the undersigned declares to have specific and legal authorization to obligate their firm to the terms of this bid, SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 81P Avenue Tamarac, Florida 33321 Indicate which type of organization below: INDIVIDUAL❑ PARTNERSHIP ❑ CORPORATION OTHER ❑ If"Other°, Explain: Carmeuse Lame & Stone Autfiorized Signature Company Name Bruce D. Routhieaux, I.P. , Sales Typed/Printed Name ** PLEASE SEE ATTACHED CORPORATE RESOLUTION ** 22 WIMEWS QUALIFICATION STATEMENT Pl=G PoMds fhr blowbip 2 dl III M a put d yar bid SOPO . FaNm to poolml Nw bdrasmk nqU N K aridws to psmids so Ada and aoasatinbnrwlonnwp�asldt brni,.nJacbnd> bid. Name Of Company Ca&Mse Lime 6 Stone Addrm 11 Stanaix Street, 21st Floor Cfty Sets ZIP Pittsburgh, PA 15222 Teeplwne (412)-995-5500 Fax Number (412)-995-5515 1. How many years has you orparti Men been to business under its praw t name? 5 Yeas (Corporate name changed in 2006... see'bblow.) 2. If Vendor Is operatk)p under Fictitious Name, submit evidence of oofrgarwe with Florida Fictitious Name Statue: NSA 3. Under what former name(*)has your business operated?: Dravo ftui=wnt Cosmany (I}1S2Kn2rated in 1970) Let former addmWes)of that buskress(if any): N/A 4. Are you CertMied? Yes® No D if Yes,attach copy of CertMcation 5. Are you Lioenwd? Yes® No❑ N Yes, atteoh copy of License 8. Has your company ever declared bankruptcy?Yes❑ No 91 If Yee,wow; 7 Are You a Sales Distrbutor Broker or MwvAftmof I* bid upon? 8. Have you ever recoMW a aonhaot or a purdwe order from the City of Tamarac or other governmental entity?Yes® Noexplain: (date, servioakrojec, bid tads eta) Current supplier- supplying since November 1, 2006 Q. Have you ever received a acmploiM on a contract or bid awarded to you by any EonrernmenMl entity?Yes❑No.®If Yee,expindn: 10. Have you ever been debarred or suspended from doing business with any govemnrent�d entity?Yee❑No®N yes,expeln: 23 CERTIFIED RESOLUTION 1, Kevin J. Whyte (Name), the duly elected Secretary of Carmeuse Lime & stone (Corporate Title), a corporation organized and existing under the laws of the State of Delaware , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT Bruce D. R2outhieaux (Name)", the duly elected vice President of sales (Title of Officer) of Carmeuse Dime & Stone (Corporate Title) be and Is hereby authorized to execute and submit a Bid a Bid Bond, if such bond is required,to the City of Tamarac and such other Instruments In writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by himlher shall be binding•upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected In relying upon such certification of the secretary and shall be Indemnified and saved harmless from any and all claims, demands, expenses, lose or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised,revoked or rescinded, I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. DAME TITLE SIGNATV7E Bruce D. Routhieaux vice President, Sales Given under my hand and the Seal of the said corporation this 21st day of July ,20 L. L r Secretary - Kevin J. Whyte Corporate Tiffs Secretary NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in Its behalf. 24 NON-COLLUSIVE AFFIDAVIT State of Pennsylvania } )33. County of Allegheny } Bruce D. Routhieaux BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT. 1. He/she is the vice President, sales (Owner, Partner, Officer, Representative or Agent)of Carmeuse Lime & Stone the Proposer that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Proposer nor any of its offioers, partners, owners, agents, representatives, employees or parties in interest, including this of!ant, have In any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Proposer,or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or pries quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties In Interest, Including this affient. S' n elect a ernre in the presence of: AA By 11V' S Christine D. ili owski, sales admin. Bruce D. Routhieaux Hess t phanie Balotta, MR-1 e s Admin. Printed Name .'Vice President, Sales Title 26 ACKNOWLEDGMENT NON-COLLUSIVE AFFIDAVIT State of Rq~ Pennsylvania County of Allegheny On this the 21stday of July , 20 l' , before me, the undersigned Notary Public of the State of Florida, personally appeared Bruce D. Routhieaux, Vice President., Sales and (Name(s) of individual(s)who appeared before notary) whose name(s) Ware Subscribed to within the instrument, and he/shelthey acknowledge that he/sheRhey executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE pMgMAxx NOTARY PUBLIC Pennsylvania SEAL OF OFFICE: .�1 (Name of Notary Public: Print, ,d„q a�Qp,"►wd lasqumw Stam:Personally or as Commissioned) HN IT WC A1�WO"mum*AW o Aq A V NomwM d)o A4o Nam AWN«ems'V IUMHOW P"IMAM known to me, or 11IN A ASNNU Jo Ella TMOWWC O 0 Produced identification: (Type of Identification Produced) a DID take an oath,or 13 DID NOT take an oath 26 i 1 . 1 City of 7ainarec AsmhAslrto a Contracts Vwsion VENDOR DRUG-FREE WORKPLACE Prefsm roe nny be ghnm to vendors alb Otkig a ca a tIott with hair bkVpmpo&W oa"ng they►have a& W free workplacs in W=dwm With Section 287.08?.Florida SWA tes.lb%regItemert emits soli puWic Oft" orthe State and becomes effecdve January 1,1091.The Wec io i oondMon Is as taws: L 71 .prefet+ettce be van to buNrteases with d free Whenever iDEN111c�A L BiCsa may � ntW workplace proptatrra. two or mote bids that are equal with respect to price,quality,and aervioe are nwived by the Stu*or by any poi&*subdivlslon for the proatrernern of oarmtodttlea or mat sentkrse,a bid received from a busirme that cerNMa that b has k*enhe ted a(In*fr+ee workplace proptam " be gMm preference In the owrd proom&Estabkhsd procedures for pmeeeeinp tie bids wa be f $mvd if none of the led vendors!rave a druW free wofthm program.in order to have a druq4m workplace ptogtam,a busku=shod: Publish a statement notifying employees that the unlawful manufacture, disttibution, dispensing, possession, or use of a controlled substance Is prohibited In the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any avallabfe drug counseling, rehabilitation,8r employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. awe each employee engaged in providing commodities or contractual svcs., that are under bid a copy of the statement specified in subsection(1). in the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notily the employer of any conviction of, or plea of guilty or nolo contenders to,any violation of chapter 893 or of any controlled substance low of the United States or any state,for a vkftUon occurring In the workplace no later that five (5)days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehablikelion program if such is available In the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through Implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. r� UtR-4- NCarmeuse Lime & Stone A o rized Signature Company Name Bruce D. Routhi,eaux, V.P. , Sales x7 1 1 PWOUS' CWft is Lily S100 SWORN STATEMENT PURSUANT TO SECTION 287.133(3xa), FLORIDASTATUTES ON PUKIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This swom stdonmt Is submitted with Old,Proposal or Contract No. 11-25B to ft City of Tamarac for "Furhish, Deliver and Discharge of Quibk1ime" _ 2. This sworn statement Is submited by Carmeuse Lime & Stone (Name of entity submfty sworn sta ommt) Federal Employer klantifiaadon Number(FEIN) 25-1254420 (If the entity has no FEIN, Include the Social Security Number of the individual e Ils sworn stdoment 3. My name ls Bruce D. Routhieaax (Prim name of individual sipping) My reladonship to the entity named above Is Vice President of Sales 4. 1 u ndarstand that a"public a" crime" as defined In Paragraph 287.133(1)(g), FWdl SjUM means a violation of any state or federal New by a person with rasped to and directly relied to the transaction of businass with any pubic erft or wNh an @germ or pdNW subda on of any other state or with the United Stales, lrwk erg,but not limited to,any bid or owtraot for goods or services, any leses for real property,or any oomtrad for the construction or repair of a public bulding or pubic work,invol ft antitrust,taut, theft,bribery,collusion. redaeteerirp,conspiracy,or nwte W mike - errtatlon. 5. 1 understand that "convicted" or "conviction" as dellnad In Pw p vo 287.133(1)(b), FWde St fift means a IndNg of guilt or a oonviadon of a public arft aims,with or wilhout an m*xksdon of quit, In any federal or *Oft Irld court of record rdd ft to olwrges brought by Indictment or Information after Judy 1, 1610, as a reeuit of a Jury venft nor>•Jtgy trial,or anMy of a plea of suit or nob contenders. 8. 1 understand that an"611111 "as dalined In Paragraph 287.133(1Ke),Morids Statutes. means: a. A predecessor or sucoeesor of a person oonvioted of a public entity crimes:or b. An entity under the control of any natural person who Is active In the nwwgement of the entity and who has been convicted of a public entity a*m. The to n 06011 te" includes those oAioers. dlrectus, executives, partners, shw+ehokiers, employees, rneinbers, and agents who are active in the mesragoment of an affiliate. The owner by one person of shares tmtistlhrtlrlg a oonholling interest in another persmt, or a pooling of equipment or incomes among persons when not fcr fat nurlot value under an ann!* length comment, shall be a prima fade case than one person controls anodrer person. A perew who has been convicted of a public entity c dme in Florida during the preceding 38 months strop be oonsidersd an afffiate. ...... 26 r.....r._. i 1 • i City of Tamarac Pomhssft d Cordracrs Division 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Fjorida_Statutes, means any natural person or entity organized under the laws of any state of of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" Includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on Information and belief, the statement, which I have marked below, is true In relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this swam statement, nor any of Its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. 0 The entity submitting this sworn statement,or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active In the management of the entity or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1 M. The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a pudic entity crime subsequent to July 1, 1989. However,there has been a subsequent proceedkrg before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Heating Officer determined that it was not in the public interest to place the entity submitting this swom statement on the convicted vendor Not (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS NORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE. IS FOR THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM IS VAUD THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT 18 FILED. i ALSO UNDERSTAND THAT 1 AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, MQMA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ,- 1 Bruce D. Routh eaux (Signature) Vise President, Sales July 21, 2011 (Date) City of I'Virparac purchasing&Calwfac4s Dmsicw .......... AreKK(MLEQMFzt!T State of;M"M Pennsylvania County of Allegheny On this the 2l� day of July 2011 , before me, the undersigned Notary Public of the State of Florida, personally appeared Bruce D. Rauthieaux, Vice President, Sales and (Name(s) of Individual(s)who appeared before notary) Whose name(s) is/are Subscribed to within the Instrument, and he/she/they acknowledge that helshetthey executed it. WITNESS my hand and official seal. A"- - NOTARY PUBLIC, STATE OFWM*WAxxx Pennsylvania NOTARY PUBLIC SEAL OF OFFICE: MMMONVaLTH OF PENNMVANIA (Name of Notary Public: Print, "Waft SW Ste as Commissioned) MOM#A.Snft,Notary Pubk Oty of PftbjO,Magherw CowLy 14V cam"Nsworl AM 16 Stamp, known to me, or 2014 WW"Assadaft of NMft 0 Produced Identification: (Type of Identification Produced) [3 DID take an oath, or 13 DID NOT take an oath 30 APPENDIX A coNTRACToR PASS REQUEST Vendor Name: carmeuse Lime & Stone Vendor Address: 11 Stanwix street, 21st Floor Pittsburgh, PA 15222 Vendor Contact Name: Forrest Meeks (Florida Sales Representative) Vendor Contact Phone Number: (2os)-215-3735 List of Contractor Employees Requiring to Facilities �i n9 Entry (Attach copy of Pidtae kWndficafbn for al persons Feted) Name Work to be Performed none known at the time of bid tal 31 APPENDIX 8 Ml TRUCK FUEL SURCHARGE SCALE Truck FW Surdmrgo are a pane 1 tige of dm truck fraW t raft br product.imm, ,rd from the bidder's won aril to the cuoWmees sibs. Thick Furl 5urdwMw are skr*dt b donpe quarh*. • The peroewKaps of the Montl'dtt Trudk Furl Swdwp Is co Vtod by ddrn "ft Dep ftrm t of ErwW%US Avempe DkW Price publdW on the 3W ftx*of the Net molt of the g mft. DOE DWd Prkm xW be bond at the khm"voftft • i a=nt pas d=W 3%br rmy$M05 pw galkm pft d�erkpe NAnOMAL AV■tM FMGHT RATE NATIONAL AVISIAOE FRMNW RATE 1.75 0.00% $3.00 13.00% 1.80 1.00% M.05 13. 1.85 1.50% $3.10 14.00% $1.90 2.00% $3.15 14.50% $1.95 2.50% $3.20 15.00% .00 3.00% 3.25 15.50% 2.05 3.50% $3.30 10.00% 2.10 4.00% $3.35 18.50% .16 4.50% $3.40 17.00% .20 5.W% $3.45 17.50% .25 5.50% $3.50 18.00% .30 6.00% $3.55 18.509E .35 8. $3.W 19.00% .40 7.00% $3.85 19.50% .45 7.50% .70 20.00% .50 8.00% $3.75 20.50% 55 8.50% .80 21.00% 80 9.00% $3.86 21.50% 2.65 9.50% $3.90 22.00% $2.70 10. $3.95 22.50% .75 10, .00 23.00% .80 11.00% .05 23.50% i-15 85 11.50% .10 24.00% 0 12.00% $4.15 12.50% $4.20 25. ...._.......................-_-...-..____....................._.�?_.._. ..... .... ..-- - . _...._._....... ....__._........_... ** WILL COHPLSTZ IF AWARDED ** 8AAWLE FORM AGNSINU ' lllffr N THE CITY OF TAMARAC AND THIS AGREEMENT is muds and side a Moto this day of . 20 by and bate m Ow Clyt of Twmvm a muff al ocrimaaorr wph PM OW allioas loosted at 7825 N.W. Oft Ave.. Tmrrrarao,FL 33321 (!hs"CITY') a oorpor"wllh aAtoss locolsd st ttha TAmkactoo to pmvkle for Now liwnfon, in moMerallon of Mw mutual owmw is haninaft sot forth, Me CRY and Cantrac w prom as blows: 9)Mw Contrast Dostaw" The ou bent dooumarrls oonsiot of this Apresrrwit, Od Document Na 1120, 'FwnW Deliver and ��Quldrina',I d nudlp al ll carrdars ranima(Ger Ta and Co volMorrs,BpmoMd OondNions um PmvWmu).drwAW T=Molool 8p*oWora.al!addwrda,Me CoOsolors bldlproposal lrWLmbd I s sh and all modDCaMons issued&W execution of this Agmnont and Co lml bdrlbM A, which is a sche"of ddvwed p*ft Ibr indiMM dalrery'i --0 rrs.Those an a doorwmft brm the Aprsw srrt,and all are as t*s pwt of Me Agnmmnt M M Mlaolad to 16 Apes m t or lepealsd Marvin. M the event 9*Man Is a oarNot beM►mmn Mil Om msnt No, 11,M'Fw*h DaMr and 140. as mooed by the CRy slat labs over the Go .d'e Propng Ftwth mwoi in lie lovent of a coniliet between this documard and any other oarlrad doounarrls,ft Aipm rrard shall prevaN. 2I Vw Work 23. The Contractor shah pub., all work for the City required by the aorMraot docurranb aos met tbrtri below. l.1.1 CorAn olor shah tmish aN labor.rtratsrlals,and egrripmft neosssery b Fumkk Delver and Discharge Qtd Mm In aoomlonoe wNh to Technical Specilr- lorr-% terra and Pon -Oa r m co We In Bid Dommol IUM. •Fu ml* Ddlver wW DMdwp Quld*W. 2.1.2 Conbasior shall wrpsrvise the work force to enmun that al worlms oonduot thm m*n and perform their work In a sMe and profsaatoral m■rnar. CoWmdor shell son* wlh all OSMA ad* miss and regrlurons In Mw q mafion of o**marrt end In Me paromr m of to work. CoMmobr shall at all tbrrss Mow a con pmisnt Mid wpwvkw on Mrs job alls to erdbnom Morse policies and procedures at the Contractor's apansa. 2.1.3 Conlrador shall comply wNh any and all Fade* tllrrle, end local begs and rspt*ftm now in 61114 or limeMatior er- A duNtnp the Wm of this Apsom nt. which on apploabls to to Carty udw, is empbyeas. apwtts or at ca baoias,Rory,wMh respect b iha work and aerdm deeoib horsh 2.1.4 Conboalor shall be re p*W to complels Mre 'Conhacbr Pone Regtwat Fa (See ail mW AppwWk A b OW Ooorwmrrt No.1148).wive phob int' idwrMMcollon of all psrsn me arwrorked b be anpimrrrisse at Cky delvery ii6 Tide form wl1 tw sent b Ma awarded verrrlor(s)wlih firm natlNcagon of award NMsr. 2AJ Personnai Atill,a arrdlor dslslora sh oli to sporMd b Me 0fe dssfidsd rspreaerrhaNw In wrilfp,via fox b a number lc to pr #MW by the uslrtp ogerml wMW twenty four (24) hours of the personnel change, by modlecseon of the Tama submb d on the oroW Conirsctor Pass Request Form. Z1.4 An pertonnel shall dmck4n wNr to Security Guard or Opsrvior on duty imrraKistsly upon or"at any dolviq boaMon.Photo klsndeatlon, purpose of vWk ail name of City dW oontsct,shills be required for entry. Z1.7 Conkoclorr Shen ensure Um only aultw asd Cartracbr ermpbyea ondbr sulmlmd City personnel dram haw access to Cordraa wAZy vd*Ms, work ft equipment work � anformatio pefft to�. Contaoior shap not admi any unsuMod pereonnd onb any work see. Conh dor will not rsiaaee, discuss or shoe cry Mbnrrallon on sysisms,squ Omt ard/ar opordlora,bony noKity pefsommsl. ZIA Upon k wkV promisee, d psrsonnal sae be required to dreck out wNh to So=*Guard or Operator on dW 3)Insurance M. Contnrdor NraN obtain at Contrsotoes s pum d racomy knsumnos in such form and amount a specked In the oripinal bid document or a required by the City* Rick and V arkeW Compensation, Geaal l d ooMrerr InowenceWador_a� ma�air� Inm ranceo Cky, i fun�ro�e ail ~ during�.Oft AWavvent. Contrsdor shah provide to the City's Risk and 80" MonMer CorWa tss of all ire m=s required under Oft secMan prior to booming any wont under kids Agreement. The Cor*@DW will eMure that all.aftm ticbm comply weft the above gtridapnes and will retain an necessery insurance M broe throughout the term of this agreement. 3.2. Contraotar shalt IrMenadfy and hotel the City hwmkm for any M, ogis rauft torn faikrrs of the Ca*sdw b No out surd mabbab such kuurera. Corriracors UsblUy Insurance polbies Gan be srMoroM to add to City as an sdrdlornN insured. Corft for Nall be reaporAft fbr payment of d deduc bbs and self-iraumnes retsngons on ContrsoWs lielcilitf►Insurance 11 tk,N eau 4)Term The torn of IN Agro n ant share be for an Initial three(3)your larbd, beginning November 1, 2011 through October 31, 2014. The City reserves the right to renew this Afument for three (3) adMo al one (1) years petiole subject b she Cw*aoWs=wppmoe, a ebomy perbrrmer" and dobnWm t m Met rerrswd wit be In the bat irderest of the City. 6)conked @am The Cordract titan for the above work for endless nsied in Cmbact (UNIT PRICING PROVIDED IN 8I0) slap be bead on Moved cost per ton. The Conbact sum Maude all hetor, malerfab and tlWght drarpe for to job Woo,known a Bid No. 11.258,"Fumbh,DdW wW DNdn_0 Quicklime" for itre Sotreneast Florida GowmmeM Pun*mkp Cooperative snWas Isied in Conbaot P,>llbit A. AN Tema and Condidans, amW pmduot price, tnansfsr, and fall ail truck fuel mdmW droll renrekn tkm ftWO she term of as contract,Prbing shown In Contract Exhl*A,shall be itntr for the M M contract Perbd tbm November 1. 2011 through Donsmber 31, 2011, Prift longs will tlars■W�bbs ailowabb on a quaftly barks in a000 m*m with 39cft&3,'�afagal/Da- " hw*. &I Cw*W Pricing dW be booed an delivered coat per Ion.The Cor*W sum Indudea all lobar,tnatarisis and ftWgM large prbktg dull be kktn for the kM corrbsd pmbd room November 1, 2011 through December 31,2011. Puling d"a will twea w be alk wabls on a quarterly bob In with Section 3.C, "Esaalel t / DW shown herein. &2 In conWdorWon of fluahatlofn in find prices, the Chy wlk allow rd and bud" fuel sumherpes dutbg the term of the an Mont. 5.2.2 B —The red Arm surdwp nee will be loosed an soMnl oortlra A In gloss or ptrb MW rMss of an cc ibeoior's rml cow Carboobr shad pavide dos neni lion"go A- ffte tell awrWe prtoinp a is pod of f!n rsgn"IN an ad$xVvWd to the rall BIddder shoould�r�oN w sumhwp�rpe sctt be applialM par of Mn*Md sul 114ml In the arse prwkled in Appendix 8 hsrsbt. &2.3 Tnakinp SM&M-The bunk tad mdwge rsls will be loosed on go Tr Wilt Fuel Surclnrpe SdiM cm k -b Appendix 8 hersln,which shel be delsnreirted by sMenobg On PAW On4*ghwoy Diesal Pirloe—U.&AL,wape.ea publshed by the U.8. De Wkmtt of Ertsrpy, Ensrpy hilotmeft Adnkbbdbn(W for do IN Monday of the Ind monlh of satin quarter The truck Aral �pa will be applied b the bole ocnboot prim per IN at gWo*m bsmporisd with the start of the nsrd querbr. No avai rps vA be applied an by of anotlm am The bidder shall u0se die buddnp Mal snrdtarpe some Included In Appendix 8 m a bats for a4umbro@4 end aumherge sombnenla will be Dosed an that exrale. The DOE Redd On4*ghw ny Dived Prime—US Avw pe Index may be bind at 5.3 8.3.1 The City will aooept prloe his on a quar"baale on Jmwry 1'r.Atoll 1°,JUy 1a and OobtW 1M of each yea.The Conbaobr must submit sUdloisnt dcauttsnlallon to be plven - mi-A-Mlon for a prta Ina a.and must pase-an ■ pries deal m m when the Corm* % come we radrmd. Approved dos m*ftn but is not 11-4 d b U.B. of Itoltrdss. publMsitsd Oeparbrtsrtt SbMgln(BM raporls an Produxrer rimePr a Index(PP for al Buism of Labor Energy In b mMbn A*dnlsbs t WTI putt bmftm on spot crude o®prbes,BLS Elechic Power Owmallon. TrarwWe*n and DkMbutbn Indw ilia Crushed and Brolm Linteelorn index. BLS mWM Atisohlrary end Etpilp rmtt irdK and Copies of vender mordhly brlemm cost mporb sndla aogral btnrolobs. 5.3.2 Rail and Truck *W t oherpee and dnartpee for bank comb nqutrs willim VwIladon from vendors IW$* and hanefisr mAmonknobrs, padded to the Ptoolmob 6 Conbaob Division prior b Idid oarnbr-a lsnnr mipl stun of the AW=mmt AN Rd and Truck W an Nomber 11.2011.subject dmm- in soo�wldt adtedtdsprovided In Sec lon 3.C.1 hersbt. &3.3 'fie CMy admowMdp Canmcwee rd and buck x WdW S*W tlwl sracha se that pss man my. The Conkedor wN appy fuel eurnharpee for each quodw bored on Mn amount of the rM and tarok Awl suraharpss in afMnct for tln month prroedfrg Ilte quarbry price aharrpe as cobWded In a000rdartas with 8scllort S.2 of this Apreerrwrd,vM"Appendix 8 Ito tlw ortpinst bid MUM At ffte end of each quarter, the Co-baolor will process a "sue ups by co lip■rbig its actual naMMy red and buck WN eur�dtarpss for the quwlar b Mts red and book >bei sundwipes 1 01sr1tert18 at fin time of the qwr"on dwgr, eased on ft vori�#0 Cortlsobr will Ism Ow My a or debit Met repr imb qte S-M Cost adjtstrna bk In aA aaeas, shall refiea only a direct paw-through of coat, and no ahanpaa to the Contmolmos peon rnarnin dW be parnillisd. The City and to Contractor may also utilms recap[no SownnenlMduetry kWkm or oombketbn of InalDee to be n Audy agreed upon by the Cky and Contractor, who delem*dns price ktcreaew. ti)Payments A monVdy payment will be made for work that le oompI I- accepted and properly kw noes d. The Cry shall pay tie CorthwW for work parfomod eubJact b the swill w tons ob Bid 11,268. All payments shall be govemad by tics Laval Ocvan rent Prompt PaymsM Ad, M. Part VII; C wVW 2% 7)CONOITIM OF MATEWLS Al nraltrlalt and paodwk suppled by the eidMr In ax*awMw W h tlMt bid drall an im to Ate F 1A, None of the bid.The Oly aaarvet r»"to rrhan the product to the Odder and stints the dellwry of new product at no and to ttre CAy. h Indaanatficalbn &I The Canbaobr dW krdaastify and hold harmless Cite Cky, its elected and appointed olflol 1 ,amployese,and apants born any and aft olakrw,aaft mollons.dontesss►Isi ty. and of enew(incltrdig tttionwW lbw)In oonrreaft with lee of Ate,bodly or perearel y r *ng from. uUM out ocarinas in owrao�llon wNh o ore of the ee Conkaot or Ate ofilosrs► employees, ago* owbocaftolors, or indepandent Contractors, saoeptins only such bee of ills, bodAy or pw=W MW. or property ef" age act*a*b tabb to the grow nsglgwwe or wM m b=Wuct of Nta Cky or Its elected or apiwdtted olficlale and er�I . The above prorMlone alvid euMa tine ternrination of thin Agrownent and>doa�p�ettakt to any ocarrroice durtnp the term of Ihle AWmnerd,awn though the olelm may be nnads sOsr the tm,,Mmtion hereof. U Upon oompletion of all Services,obilglatlona and duties provided for In Mole Agmemwi%or In the avant of bmninallon of tide Agresawt for any reason,the terms and conditions of this Article deli survive Indefinitely. L The Contractor stall pay all clakra, beem liens. settlenertbo or juOpnwb of any ro*n whabowar In connection wph fir lb egoktg krderradfioallonts Including,but not lurked b, rrsasoneb a aftyw a toes(btaludkog q*ob e e m o owe)and coats. A. Cky reserves the right to select Its own total counsel to conduot any dehree in any such procee ! and all oohs and few associated renemb shall be tin rasperoeMW#of Ca tecoor under the Mdan nNb dbn alp mw>R U MUM oontekwd harsh Is I is do nor shall be ownhued to waive Clly'a ogltts and kmr xNn raider fin common law or Fbft Sdbrtee 76&2d, ass annanded tram time to IM •)LL bEquWf EnWkWnmd During the POIXIIN of Yta Con bast, the Catractor ehati not any employee or q~for egioytnsrK because of Taos, color, sex, ra%IM ass.national orW, manta snafus, poll"~Ion, fMmBal steam,owtual orientation, or dleabNky 9 qualified. 11w ConbvtW will tale MNmelti re solos to WOM OW empbyees are healed dosing ennployrrwnt,WWM4 mgwd b their ram oobr, term, I egami, age, tied, orWn, rtorllN stew, Political aflOation, fern 0 Melts, sexual otleals n, or dNabilty M quoi lied. Such actions mud lndsds, but not be boiled * rite *Mowbp: lrrlpl0ylrlen�pratnaNQnk dMnONOn O<ttalle�P IeoltlArllellt Of reanlNillent adrefAeing,myoff or termination; on of pry or cow forma of oompattaaAorr and aeleotion for tr0 tp, incArdknp aPP dP• The Contractor dW apres to pat In oonspiomom places, avallabb b ernpioyoas and applim- * for entployo UK rtoaoes b be provhled by the aonb:oll dAm soft forth ria provillm of MN rrondlsalmbtatlo 1 shut. The Catlraobr Authm agress Mat hehhe will ensue OW Suboorwaotae. if any,will be made aware of and will comply with tide nordbc l-%I dw clauss. 14)1rAspodat Coftedor This Agrventent des not ovals an enoployeefenydroyer belMrsen ills Parries.R N the intent of VW FWM to the 0nntran6or N an Ntdepsrtderrt mortlraolor under ride Agreement and not rite ' Act minknum wap a d ow pwpuwt Federal Insuran� ce ConblMon AcL the Social Socially Ack the FOM UmMbpuwnt Taos Ad, the pravislons of rie Ntlemel Revvrnoe Code. the State W=hw'a Compensellon Act, and the SBNe U Insurance taw. The Ca*aolor Mal mbbn sole and aboduis dNanuort in in AWp w t of rite.lwmwr end means of cerryktp out ConknoWs aolWaes and nepon still hereunder pr+ovidsd.Aalhwr rioat admk*dr*m proosdurvs oppimet' b senvioas rartdervd under#*Aprvsment slM bus thoss of t onlrecbr,which po Nss d Conbaobor vial not m m Mm!vM Cky, State,or Urdlsd Slain poklee,rules or rvpulstlorts reMfMtg b the use of Conlraabr's Antes provkhed for hmob. The Controolor apses riot It M a eep■rale and independent Eft rpries from the CW,that R had fd oppalunlly In And oriter hmkm s,that it has rude As own hwssbrtartt In ibe business,and the N w11 ullfts a high W M of oW neoseery to perform rile wait. This Aptisment shall not be corwkmd as between rive Conbaobr and the Cibr and the CAy rrll not be tINtN Atr any airlpariort krotrrad by Cardrecbr,ModudMp but not tlrrdted b unpMd rrdrdrtttatt wages artdlor ov *m puwrrdums. 11)Aeelprurmu and Suboorrlrea ft Conheolar Mall nd barwfir or assign the perfomaatce raquhad by this Agrverrwnt wCtout to prior convent of Ate Cky.This AgramnaK-or any porAon thereof, shell not be A b- watout On prior writisro cc vt rut of the city. 12)Nolloe Whenswr aMm party deskes or le nqulred under this Agmmm t to#ve notice to any other party,0 must be ghm by wrAlen nclbs Own delivered In persan,scut by U.S.Ca MN Mai,U.S.Express M K*or ground oourir sertrlon,or by tnsaengsr suvice,as foAows: CRY CRY Manger City of Tan wm 7W N.W.181h Avenue Tarneea,FL 33321 IAfM a copy to Cb Alg=at the following address: Gown.Ch sr+of.Doody&Ezrol,A.A. 30M East Oommwrolal Blvd.,SWIs 200 Fart Lwdsrcab.FL 33300 it CONTRACTOR 13)Tadao MdM 13.1 Twat wtbn for Convenlenae: The Agrearwit may be terminsled by the City for oonve limos, upon seven(7)days of wrlllen nohow by the tennpntlrtg party to the other potty for such Umdnallon In which event the Coat w*w ahal be paid Its octnparsatlon for servioaa peftMed lo tem,di n dab, indtrxtirtp seMrvloee tsaeortady HMW to termNwtion. In tits ovetd tint the Conlrulor sfwtulone this Agresrnant or causes R to be Wmkv bud,Conirsclor shell indemnify the ally against lose parleinhhg to this termination. 13.3 DahMit by Con&solor in addhion to all other moo" available to the City. M Agreernatt sthati be abject to cenaWlsflon by the CRy for apse,*00 the CW*sQW neglect or fill to perform or observe any of the malerNtt terns, p v Mons,oondilan,or rodhuirements hereto csnlNned, If such neglect or Mure ahal co tow for a period of MW(30)days slier rsc W by Conb dor of writlau notion of such neglect or fallurs. 14)Wan rolhOls For 14.1 Neither the City nor Conksolor shall be conaldsred to be in defrarl of tits Agreement y delays In or kU*d perbmance shall be due to tkmn n tble Faoee.the~of which, by the woo les of reasonable diligence,the nonjerlbrming party could rat avoid.The term "Uncontrollable Forosa" shall mean any event which h re uM In the prevention or daisy d perfonnanoe by a party of is obllpagons under this Agreement and which k beyond the ressonab s control of tits rartperforming party. It includes, but is not Imbed to fire, food, sarkimiaes, atorna, I ghtni g, apidemia, war, ttot, dvl ddwbono% eabotW and governmental aFUR I M2 Nellm party anal, however, be excused from paforrrtana K rhOr>patlOnrlarlCO le due>b ldbrow which sae preventable, ren velft or rsmedlebl% and which the nonparlorttnbhg party omtild hom wlh tine eooarwtiee of reaeonabie dllgaim pnevenled, removed, or remedied with reasonable dlapatah.The twrhperforming party d4 wlldn a reasonable time of being prevented or delayed tint psrrormaras by an uuaonlrolable bos, 9W written novae to the other party describing the dncumellances and uncontrollable forces preventing coftwsd parbnneetos of pn obligations of l hisAgn nrant. 15)Agreement Subject to lhradbtg imVmBwwpoxftrespovkWfor In the Agreement been appropriatedCo by the City of In City of Tamenc In Me annual budget for each fiscal year of this AgreemeK and is subject to to rminiWon based on Malt of funding. 15)Yeaue This Agreement shot be governed by the laws of ithe t3We of Florids as now and heresiter in lone. The venue for notions ar"out of this agreement Is fixed In Brcward County,plorids. 17)Signs"Audwf/ The Catbaolcr ehnl provide the CRY with coples of reWWN*documenisdon evidencing VW the sWMM for Contractor has tits suthorltyy,to enter Into this Agreement. 18)tlsysrabMlty;Waiver of Provisions ...... ........... _... ..............,_...._.._.................... _._._.............__...... ....__......._.�..__......._..__...___�. r c ouch RWI, f�AKdw to the�IR Vi �or�� g■w mnattdnp pmWdom herod or a(feoiatp the vddRy or wft000b lly of rich ptoAMm In any other won. The mmi-eibm. d w►y p wAdon by either pwty Ad not cmMbb a waNw o/IhM provhllon nor AM R&'bd the or y d IW pmvMm or of Nw.mew kdwr d ft Aft. 1y No gm r;Amnedment Me Apmenmd consMulee On w dre Apnwmwt beMrwen the Co-beetor and the CQy. and nsgalWorn snd orM undtN elowbW bmisms the padres w mwped I A 77tIe.Apnnnant cen be sup bPb nwded waft unwWed only by a w.Mm comment would by both Ow Coal mb and the CNN. 20)No Combos Idm AgdW Dfdit ftdy Each pwly to ft Ap nowt mcp soo rbnag da that thb Agm m t rm& *= the raiporatlon prooees!n whtoh ssoh party was rsproeetMed by oo�nNei and aoMrlbubd b thw d�aAkg of r,b Apnwnwk GMm this AwL no logd or odw pmsu Wdm apslnet Vo pwty 10 Apmwnwt conoembg re oonMmcft, I ft pr-hMm or oriwwtes soon» to to 6 mM of sny pwly b In AprownwiL and each pwiy so p vo*wahm I*right to swat suah a prmxr m In any procesdMgs or deputa com anim .whh,w v out ot,or b d ft tMs Apmwnent. -_——........._._...._.. _.. 30 .._ ....�...._.._._...._..........�.._. IN WITNESS WHEREOF, ue parties how mode and exeamed this Agreement an de respective dales under each signature. CITY OF TAMARAC, skphp by and Rough ha Mayor and City Manager. end CONTRACTOR,slgnbg by and through hs duly moo teed to wwoute same. CITY OF TAMARAC Pamsls Bushnell,Mayor Doke ATTEST: Mkhasl C.Cemech, PeW M.J.Riclardaorr,CRM,OMC Date City CkNk Approved as to flo m and legal sullIclancy: Date City AUwrey Doke ATMST: Company Naas Swakwe of Corporate Secrelary Slgnature Resident omw i nt None of Sacy. TypelPrlM Name of PmskknVOww (CORPORATE SEAL) Date ** WILL COLLETS IF AWAMED *i CORPORATE ACKN031ML.ED0ENd9' IT STATE OF :88 COUNTY OF I HEREBY CERTIFY that an this dry, before nw, an Ott m duly sAwrbW in the State attire W and In ft Counq alb to take scknowNdpm•nb,perwonaNy q*m rod ,of a Cwpombm W ma bwwn to be ft pewon(a)dmw bod In and who amutad the bepohtp kstument and=WwwbdgW betbra me that hWo eoaouad the awrw. WITNESS my hand and OWN aeei this,day of .ZO . SWmbn stete of Roft at Lwpa Pftnt,Type or amw Nader of Notary Pubtio 8 ParmwW known to nu or Produced Wo-diadion Type of I.D.AQii d ❑ DID take an ash or ❑ DID NOT take on oalh. .._............... . ,..................... .... .......................At...................�...____....._......_......._ _......__._...._.. - r ;�,, 1r �.r.:-.tr, ❑r11•!:,hi::.1fT✓] �Jr1(`,.,i,•,7 ti;r. ' , AGREEMENT BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME COMPANY OF ALABAMA, LLC THIS AGREEMENT is made and entered into thisdi day of ��' 20 _Ll by and between the City of Tamarac, a municipal corporation wit principal located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Chemical Lime Company of Alabama, LLC an Alabama Limited Liability corporation with principal offices located at 3700 Hulen Street, Ft. Worth, Texas 76107 (the "Contractor") to furnish, deliver and discharge quicklime for the City of Tamarac, and members of the Southeast Florida Government 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. 11-25B, "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 Contract Exhibit 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. 11-25B, "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 11-25B, 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 11-25B, "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 complete the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 11- 25B), with photo identification of all personnel authorized to be on premises at City delivery. sites. This form will be sent to the awarded vendor(s)with the notification of award letter. 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, 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. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Term The term of this Agreement shall be for an initial three (3) year period, beginning November 1, 2011 through October 31, 2014. 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 wilt be in the best interest of the City: 5) Contract Sum The Contract Sum for the above work for entities listed in Contract Exhibit A (per the unit pricing provided in Contractor's bid response dated July 26, 2011 which 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. 11-25B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Exhibit 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 Contract Exhibit A, shall be firm for the initial contract period from November 1, 2011 through December 31, 2011, Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De-escalation" shown herein. 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, 2011 through December 31, 2011. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 3.C, "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 � 1 • 1 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 Appendix B herein. 5.2.3 Trucking Surcharge -The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendix 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 Appendix 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.goy 000linfo/wohde/diesel detail report combi ned.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 18t and October 13t 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 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, 2011, subject to change in accordance with the schedule provided in Section 3.C.1 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 Appendix B to the original bid #11-25B. At the end of each quarter, the Contractor will process a "true up" by comparing the actual monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel surcharges implemented at the time of the quarterly price change. Based on this comparison, the Contractor will issue the City a credit or debit that represents the variance. 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. 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 11-25B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part Vll- Chapter 218. T) CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall conform to the specifications of the bid. The City reserves the right to return the product to the Bidder 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 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 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 shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to 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 Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 1 p) 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 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 S Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Chemical Lime Company of Alabama, LLC 3700 Hulen Street Ft. Worth, TX 76107 Attn: John Thompson, Florida Sales Manager Telephone No.: (877)644-9010 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, 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. I I 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. 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 Florida Sales Manager duly authorized to execute same. C7 OF TAMARAC Pamela Bushnell, Mayor Z�j I ) Da A S ichael C. Cernech, Ci y an er Peter M.J. Richard n, RM, CMC Date City Clerk ` T1 1 Approved as to form and legal sufficiency: Date ,�`�F 'TAM q,� O . ..:9 City Aftpfiey 3H�O 196 :+r, Date g-At 0: ATTEST: CO„N'�y . C EMICIAL L MEeCOMPANY OF ALABAMA,LLC Signature of Corporate Secretary ignature of Floridb Sales Manager M1 �1'h g• �°1� John L. Thompson Type/Print Name of Corporate Secy. Florida Sales Manager 08/02/2011 (CORPORATE SEAL) Date CORPORATE ACKNOWLEDGEMENT STATE OF Florida ; : SS COUNTY OF Polk 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 John L. Thompson, Florida Sales Manager of Chemical Lime Company of Alabama, LLC an Alabama 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 08/02 , 201 1, t. --� N CaMMISMI0DDSM t) Signature of Notary Public sxwe`s:SSPWnber n,zohs State of Florida at Large ao�ernV,r�rywa�u�d�.„ 9 Elizabeth A. Hart Print, Type or Stamp .Name of Notary Public Q Personally known to me or ❑ Produced Identification Type of I.D. Produced Fx� DID take an oath, or ❑ DID NOT take an oath. t 1 • 1 Contract Exhibit A AGENCY DELIVERY ADDRESS EST. PEBBLE ANNUAL SIZE USAGE TYPE 1 —Pebble Lime Broward County Dist. 1 3701 N State Road 7 2,500 1/8-3/8 Broward County Dist.2 1390 NE 51 St. 4 800 1/8-3/8 City of Coral Springs 1 3800 NW 85th Avenue,Coral Springs 2,000 1/8-3/8 City of Dania Beach 1201 Stirling Road, Dania Beach 637 1/8-3/8 Town of Davie 3500 NW 76th Avenue, Davie 766.5 1/8-3/8 Town of Davie 3790 SW 64th Avenue, Davie 465.4 1/8-3/8 City of Deerfield Beach 290 Goolsby Blvd.—West Plant Deerfield Beach 1524 1/8-3/8 City of Deerfield Beach 150 NE 2nd Ave. 102 1/8-3/8 City of Fort Lauderdale 949 NW 381h St.,Ft.Lauderdale 11,500 1/8-3/8 City of Hallandale 2 215 NW 6th Avenue, Hallandale 2,176 1/8- 1/2 City of Hollywood 3441 Hollywood Blvd., Hollywood 2,482 1/8-3/8 City of Lauderhill 2001 NW 49th Avenue Lauderhill 1,570 3/8-1/2 City Of Margate 980 NW 66h Ave,Mar ate 2,600 1/8-1/2 City Of Miramar 2600 SW 66 h Terrace,Miramar 1,000 1/8-3/8 City of North Miami 12098 NW 111h Ave,North Miami 1,440 1/8-3/8 City of North Miami 19150 NW 8h Ave, Miami Gardens 2,500 1/8--1/2 Beach City Of Pembroke Pines 7960 Johnson Street,Pembroke Pines 4,500 1/8—318 City qf Pompano Beach 301 NE 12th Street, Pompano Beach 2,500 1/8-3/8 City of Sunrise 4350 Springtree Drive Sunrise 3,600 1/8-3/8 City of Sunrise 15400 Sludge Mill Road,Davie 360 1/8-3/8 City of Tamarac 7803 NW 61st Street,Tamarac 1,350 1/8-3/8 U.S.Water(City of North 841 NW 715t Avenue, North Lauderdale 650 1/8-3/8 Lauderdale Village of Wellington I WO Wellington Terrace,Wellington 1,175 1/8-3/8 TYPE 2-- Hi CAL Granular 3 Villa a of Wellin ton 11100 Wellington Terrace,Wellington 240 Granular Below is a list of the agencies participating in this bid and their respective delivery locations: AGENCY DELIVERY ADDRESS CITY/STATE/ZIP- CONTACT PHONE Broward County Dist. 1 3701 N State Road 7 Lauderdale Lakes 33319 W.Ruffin 9541831-4128 Broward County Dist.2 1390 NE 51 St. Pom ano Beach 33064 K.Stamand 954/8314121 City of Coral Springs 3800 NW 85th Avenue Coral Springs 33065 Roxanne Sookdeo 954/344-1103 City of Dania Beach 1201 Stirling Road Dania Beach 33004 James Baker 954/924-3674 Town of Davie 3500 NW 76th Avenue S4S III Davie 33314 Neil Suckerid a 954/327-3748 Town of Davie 3790 SW 64th Avenue S4S I Davie 33314 Neil Buckerid a 954/327-3748 City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach 33442 Jim Bennett 954/4804370 City of Fort Lauderdale 949 NW 38`h Street Ft.Lauderdale 33309 Rick Johnson 954/828-7865 City of Hallandale Beach 215 NW 6th Avenue Hallandale 33009 Hal Elsasser 954/457-1632 City of Hollywood 3441 Hollywood Blvd. Hollywood 33020 Carlos A uilera 954/967-4230 City of Lauderhill 2101 NW 49th Avenue Lauderhill 33313 Afeworki 964/730-2972 Ghebrehiwet City Of Margate 980 NW 66 Ave. Margate 33063 Rick Van Acker 954/972-0828 City Of Miramar 2600 SW 66'h Terrace Miramar 33023 Bill Knee 954/605-7773 City of North Miami 12098 NW 11 Ave. North Miami 33168 Wisler Pierre-Louis 3051895-9834 City of North Miami Beach 19150 NW 8 h Ave North Miami Beach 33162 Pat Mitchell 305/650-0000 City Of Pembroke Pines 7960 Johnson Street Pembroke Pines 33026 Michael E.Ponce 954/986-5011 City of Pompano Beach 301 NE 12th Street Pompano Beach 33060 Leeta Hardin 954/786-4098 City of Sunrise 4350$ rin tree Drive Sunrise 33351 Jim Dolan 954/572-2424 City of Sunrise 15450 Slud emill Road Davie 33331 Dan Buchta 954/434-6900 City of Tamarac 7803 NW 61 st Street Tamarac 33321 John Fletcher 954/597-3777 U.S. Water (City of North 841 NW 71 Avenue North Lauderdale Gene Riley 954/722-0900 Lauderdale Village of Wellington 1100 Wellington Trace Wellington 33414 Sean McFarland 5611791-2465 Pebble Village of Wellington 1100 Wellington Trace Wellington 33414 Bryan Gayoso 561/7914039 Granular City of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND CARMEUSE LIME AND STONE INCORPORATED THIS AGREEMENT is made and entered into this )LIday of�/JMI Wd t,}- 20�� b and between the City of Tamarac a municipal corporation Jith principal . Y tY P P P P offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Carmeuse Lime and Stone, Inc., a Delaware corporation with principal offices located at 11 Stanwix Street, 218t Floor Pittsburgh, PA 15222, (the "Contractor") to furnish, deliver and discharge quicklime for member(s) of the Southeast Florida Government Purchasing Cooperative as provided herein. 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. 11-25B, "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 Contract Exhibit 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. 11-2513, "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 11-25B, 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 11-25B, "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 City of Tamarac Purchasing and Contracts Division 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 complete the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 11- 25B), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s)with the notification of award letter. 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, 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 City of Tamarac �✓ Purchasing and Contracts Division 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. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Term The term of this Agreement shall be for an initial three (3) year period, beginning November 1, 2011 through October 31, 2014. 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. 5) Contract Sum The Contract Sum for the above work for entities listed in Contract Exhibit A (per the unit pricing provided in Contractor's bid response dated July 26, 2011 which 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. 11-25B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Exhibit 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 Contract Exhibit A, shall be firm for the initial contract period from November 1, 2011 through December 31, 2011, Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation /De-escalation"shown herein. 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, 2011 through December 31, 2011. Pricing changes will thereafter be allowable on a quarterly basis in accordance with Section 3.C, "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 Surcharoe — The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractor's rail l i ' ! City of Tamarac _ Purchasing and Contracts Division 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 Appendix B herein. 5.2.3 Trucking Surcharge -The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendix 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 Appendix 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.ela.doe.ciov/oo-g/info/Wohdp/dies-eLdetail report combi ned.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 1 st 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 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, 2011, subject to change in accordance with the schedule provided in Section 3.C.1 herein. City of Tamarac Purchasing and Contracts Division 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 Appendix B to the original bid #11-25B. At the end of each quarter, the Contractor will process a "true up" by comparing the actual monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel surcharges implemented at the time of the quarterly price change. Based on this comparison, the Contractor will issue the City a credit or debit that represents the variance. 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. 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 11-258. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218. 7) CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall conform to the specifications of the bid. The City reserves the right to return the product to the Bidder 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 City of Tamarac Purchasing and Contracts Division 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. L 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 attorney's fees(including appellate attorney's fees)and costs. il. 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 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 shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to 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 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 ► 1 ► City of Tamarac Purchasing and Contracts Division 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 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 1 / • 1 City of Tamarac Purchasing and Contracts Division CONTRACTOR Carmeuse Lime and Stone, Inc. 11 Stanwix Street, 21 st Floor Pittsburgh, PA 15222 Attn: Bruce D. Routhieaux Telephone No.: (412)995-5500 salesinfo(@carmeusena.com 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 Cit y,, this Agreement shall be subject to Y cancellation 9 ) 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, 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 City of Tamarac Purchasing and Contracts Division 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. City of Tamarac 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 Vice President of Sales, duly authorized to execute same. C OF TAMARAC r I I Pamela Busfinell, Mayor Dot ATT Michael C. Cernech, City K4anager Pe er M.J. Richard RM, CMC Date City Clerk 11 !�-yts) Appro a as to form and legal sufficiency: Date `,k O,, ... ..q City ttorney =m ESTABLISHED*: 4; ll 74. 1963 4 0�••, SEAL .'0 Date ATTEST: �'�9'S'p•'•••••••••'' ••��:`� CARMEUSE LIME&STONE,INC. COUNZ�;��`� Co ny Name SIgnature/pI Corpcyffe Secretary 8ignature of Florida SalesManager , Forrest Meeks Kevin J. Whyte Bruce D. Routhleaux && Type/Print Name of Corporate Secy. Vice President of Sale August 1, 2011 (CORPORATE SEAL) Date 1 1 ' 1 City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF j _ SS COUNTY OF ►` '' 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 Bruce D. Routhieaux, Vice President of Sales, Carmeuse Lime & Stone, Inc., a Delaware 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 201 COMMONWEALTH OF P086YLVANU1Nmrw saw milicent A.ftflk NNOWY Publk Signature of Notary Public cry or Pro"h,ANeo"county State of�,.�d�at Large My Coitx�*ww 71NIe 16 �14 ��^ '" "(� a g ' Member.Pemre wa--AdWOlRI0t1 Print, Type or Stamp Name of Notary Public 0 Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. City of Tamarac Purchasing and Contracts Division Contract Exhibit A AGENCY DELIVERY ADDRESS EST. PEBBLE ANNUAL SIZE USAGE TYPE 2-- Hi CAL Granular 3 City of Hollywood lWastewater, 1621 N14th Ave,Holl ood 5,400 Granular