HomeMy WebLinkAboutR-2023-047 Water Treatment Plant Chemicals and Authorization to Exceed $50KRESOLUTION NO.2023-_Qq +
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR
THE PURCHASE OF WATER TREATMENT PLANT CHEMICAL, OXIDE
(QUICKLIME), FROM LHOIST NORTH AMERICA OF ALABAMA, LLC,
UNDER THE SOUTHEAST FLORIDA GOVERNMENT PURCHASING
COOPERATIVE GROUP CONTRACT BID/RFP NO. 20-21B, "FURNISH,
DELIVER AND DISCHARGE OF QUICKLIME', PRICING EFFECTIVE
THROUGH OCTOBR 31, 2023, AND TO EXCEED THE ANNUAL SINGLE
VENDOR PURCHASING POLICY OF FIFTY THOUSAND DOLLARS
($50,000.00); AND FURTHER PROVIDING THAT SUCH PURCHASES ARE
TO BE MADE WITHIN THE WATER DIVISION'S APPROVED CHEMICAL
BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part Ill, 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 the established monetary threshold
without competitive bidding and without advertisement for bids and is authorized to do so if a
resolution is adopted in advance by the City Commission and if such purchases are made
pursuant to a competitive bid obtained in the last eighteen (18) months by other government
agencies such as the federal government, State of Florida, or a Florida municipality or county, or
multiple agencies forming a co-op; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection (a), sets the monetary threshold or limitation at Fifty Thousand Dollars ($50,000.00)
for a vendor through October 31, 2023; and
WHEREAS, the Public Services Department has determined that it is necessary to
purchase certain chemicals for City use for treating drinking water from Lhoist North America of
Alabama, LLC; and
WHEREAS, the Public Services Department has determined water treatment chemicals
can be obtained at least cost to the City without competitive bidding and without advertising for
bids under the Co -Op Agreement with the Southeast Florida Governmental Purchasing
Cooperative Group Contract BID/RFP No. 20-21B, "Furnish, Deliver and Discharge of
Quicklime," valid through October 31, 2023, with three (3) one (1) year renewals attached as
Exhibit "A"; and
WHEREAS Public Services will continue use of the contract as long as the contract
renewal is approved by the lead agency, City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "WHEREAS" clauses are ratified and confirmed to be true
and correct and are made a part of and incorporated into this Resolution by this reference.
Section 2. That the City approves the purchase of water treatment plant chemicals
from Lhoist North America of Alabama, LLC under the existing Co-op Agreement with the
Southeast Florida Government Purchasing Cooperative Group Contract BID/RFP No. 20-21B, a
copy of which is attached as Exhibit "A", in an amount that may exceed the annual vendor Fifty
Thousand Dollars ($50,000.00) purchase threshold from a single vendor.
Section 3. That funding for the water treatment plant chemicals is planned and
appropriated in the Fiscal Year 2022-2023 approved budget in the Water Fund Water Plant
Division Account Number/Operating Supplies Chemicals Account No. 401-33-03-533-52-40 in
the amount of Three Hundred Seventy -Nine Thousand Five Hundred Dollars ($379,500.00).
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall become effective upon its passage and adoption.
PASSED and ADOPTED on May 23, 2023.
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
MAYOR
12TM
2 RESOLUTION #2023-_0q't
Southeast Florida Governmental Purchasing
Cooperative Group
CONTRACT AWARD
Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to
Ipiper@myboca.us for placement on the NIGP SEFL website Cooperative contract page.
PAGE 1 OF 2
BID/RFP No. 20-21 B
Description/Title: Furnish, Deliver and Discharge of Quicklime
Initial Contract Term: Start Date: November 1, 2020 End Date: October 31, 2023
Renewal Terms of the Contract: 3 Renewal Options for 1 Year
(No. of Renewals) (Period of Time)
Renewal No. Start Date: End Date:
Renewal No. Start Date: End Date:
Renewal No. Start Date: End Date:
SECTION N1 VENDORAWARD
vendor Name: Lhoist North America of Alabama, LLC
Vendor Address: 5600 Clearfork Main Street, Suite 300, Fort Worth, TX 76109
Contact: Dale James, Florida Sales Manager or Elizabeth Hart. FL Sales Coordinator
Phone: (800) 695-5657 (Orders) & (877) 644-9010 Fax: (863) 644-9030
Cell/Pager: 314 614-4950 a�e.lam��wi=u�nam.nan®mo�
Email Address:
Website: http://www.lhoist.com FEIN:63-1002780
VENDOR AWARD
Vendor Name: Carmeuse Lime and Stone, Inc. (City of Hollywood Hi Cal Granular Lime Only)
Vendor Address: 11 Stanwix St., 21st Floor, Pittsburgh, PA 15222
Contact:
Phone:
Cell/Pager:
Website:
Inside Sales
(866) 780-0974
http://www.carmeuse.com
Fax:
Email Address: salesinquiries@carmeuse.com
FEIN: 25-1254420
PAGE 2 OF 2
VENDOR AWARD
Vendor Name:
N/A
Vendor Address:
Contact:
Phone:
Fax:
Cell/Pager:
Email Address:
Website:
FEIN:
VENDOR AWARD
Vendor Name:
N/A
Vendor Address:
Contact:
Phone:
Fax:
Cell/Pager:
Email Address:
Website:
FEIN:
VENDOR AWARD
Vendor Name:
N/A
Vendor Address:
Contact:
Phone:
Fax:
Cell/Pager:
Email Address:
Website:
FEIN:
SECTION #2 AWARD/BACKGROUND INFORMATION
Award Date: September23, 2020 Resolution/Aeenda Item No.: R-2020-095
Insurance Required: Yes X No
Performance Bond Required: Yes No X
SECTION #3
Agency Name:
Agency Address:
Agency Contact:
Telephone:
LEAD AGENCY
City of Tamarac
7525 NW 88th Avenue, Room 108
Keith K. Glatz, CPPO Email-keith.glatz@tamarac.org
(954) 597-3567 Fax: (954) 597-3565
City of Tamarac
Interoffice Memorandum
Financial Services Department
PURCHASING DIVISION
To: Michael C. Cernech, City Manager
From: Keith K. Glatz, Purchasing & Contracts Manager
Thru: Christine J. Cajuste, Interim Director of Financial Services
Date: September S, 2020
Re: Temp Reso #13501 — Award of Agreement — Bid #20-21 B, "Furnish, Deliver
and Discharge of Quicklime"
Recommendation:
The Director of Public Services and Purchasing and Contracts Manager recommend placement
of the above referenced item on the consent agenda of the September 23, 2020 Commission
meeting, authorizing the award of an Agreement for an initial three (3) year term effective
November 1, 2020 through October 31, 2023, with up to three (3) one year renewal options,
authorizing a quarterly material adjustment for Quicklime purchased from Lhoist North America
of Alabama, LLC, (Lhoist) for the City of Tamarac, and twenty-three (23) additional member
agencies of the Southwest Florida Governmental Purchasing Cooperative (Co-op); and
Carmeuse Lime and Stone Inc. for high calcium granular quicklime on behalf of one entity in the
Co-op.
Issue:
The existing agreement with Lhoist for the City and the SE Florida Governmental Purchasing Co-
op; as well as an existing agreement with Carmeuse Lime and Stone is set to expire on October
31, 2020. New bid #20-21 B was recently solicited, and an award needs to be approved so that
the City will have a vendor to furnish, deliver and discharge quicklime at the City's Water
Treatment Plant.
Background:
The City utilizes quicklime in the Public Services Water Treatment Plant. The current agreement
with Lhoist will expire on October 31, 2020, and due to some requested industry -wide market
structural changes, we were unable to exercise any of the original contract renewal options. Price
adjustments under this agreement utilize several market indices, including several U. S.
Government indices, such as those issued by the Bureau of Labor Statistics, as well as several
industry -accepted privately published indices. As a result of market conditions, the existing
formula models were not accounting for actual labor costs incurred by all of the firms in the
Quicklime market, but our contract language did not provide the necessary flexibility to account
for the modification of the pricing model. Regarding the model factors that were adjusted, the
change with the greatest impact was the adjustment of the labor index used which was factoring
only actual labor wages, and did not to include a factor for fringe benefits. This omission has
created significant stress on the contractors, especially after benefit costs began to significantly
escalate a few years ago. There was alsoa change to the reporting location for diesel fuel from
West Texas to the Gulf Coast, since pricing in that region has tended to be more stable. Finally,
Lhoist was able to leverage a reduction in transportation costs through the use of privately -owned
rail cards rather than contracting with a public rail line.
The new Agreement provides language that will allow the City to review and modify model
changes in the future. Accordingly, bid #20-21 B was solicited by formal advertisement in the Sun
Sentinel, publication on the City's web -site via Bids and Tenders, as well as on DemandStar.com.
There were three (3) planholders that downloaded the bid, however, only two bids were submitted
from Lhoist and Carmeuse Lime and Stone. The bid response submitted by Lhoist provided the
lowest pricing for all but one item on the bid. As a result, it is being recommended that the bid
from Lhoist be awarded, and an Agreement executed on behalf of the City of Tamarac and on
behalf of an additional twenty-three (23) participating governmental agencies Co-op.
The bid response from Carmeuse Lime and Stone Inc. provided the lowest pricing for high
calcium granular lime used by the City of Hollywood Wastewater treatment plant. The cost
savings for the City of Hollywood by awarding one item to Carmeuse Lime and Stone will be
approximately $500,000 annually, justifying the split award.
The initial term of the Agreement will be for three (3) years, beginning on November 1, 2020, with
up to three (3) additional one (1) year renewals that may be exercised based on satisfactory
performance.
Section 5 of the Agreement provides that prices may be adjusted on a quarterly basis each
October 1st, January 1st, April 1st and July 1st if the vendor is able to provide substantive
documentation to support the request for increase. The Agreement utilizes a contract adjustment
model providing for pricing adjustments on a quarterly basis subject to verification of actual cost
changes for labor, raw materials (lime) production materials (coal) and fuel pricing. As mentioned
earlier, the model utilized previously has been modified to account for industry -wide changes;
however, it should be noted that the contract is structured in such a manner that we may see
reductions in certain quarters, which has been our experience in the past, which often occurs
due to reductions caused by de-escalating fuel and raw materials costs. Staff and other agencies
in the Co-op feel that our ability to maintain better control of costs has been significantly enhanced
through the institution of the current model. The pricing bid by both Lhoist and Carmeuse Lime
and Stone reflects an approximate increase of 11% for Lhoist and 4% for Carmeuse.
As in past years, the marketplace for Quicklime in South Florida is still very volatile. While
production capacities have increased, and fuel costs for both production and transportation have
been generally lower, our quicklime suppliers have been forced to purchase some of their raw
materials from further away, which has increased their overall raw materials and transportation
costs. The use of the quarterly model for price adjustments has actually resulted in a great deal
of price stability for the City and other Co-op Lhoist Lime users, as our current price of $252.69
per delivered ton is very attractive by comparison to recent current pricing being charged by
Lhoist in this area as shown in Chart 1 below for entities that require Lhoist to provide stable
annual pricing. The reason for the disparity between our pricing and the pricing charged to other
entities is that Lhoist and other suppliers must factor in a higher level of contract risk in order to
maintain firm pricing. Additionally, pricing can actually decrease as well for both the material and
delivery cost, as demonstrated in Chart 2 shown below.
Chart 1 -- Current Delivered Per Ton Pricing For Surrounding Entities:
Palm Beach County Utilities $392.24
Cities of Boynton Beach, Lake Worth Beach & Riviera Beach: $309.34
City of Naples $301.13
City of Tamarac — SE FL Co-op (as of July 1, 2020) $252.69
City of Tamarac — SE FL Co-op (effective Nov. 1, 2020) $284.80
Chart 2 — City Quicklime Pricing: October 2019 — September 2020
Date Material Cost/Ton Trans/Surcharges" Total Cost/Ton
October 1, 2019:
$162.71
$105.11
$267.82
January 1, 2020:
$161.49
$107.55
$269.04
April 1, 2020:
$161.21
$106.83
$268.04
July 1, 2020:
$147.26
$105.43
$252.69
`The Cities of Boynton Beach, Lake Worth Beach and Riviera Beach have joined the SE Florida Govt. Purchasing
Co-op Agreement for the first time with this Agreement. Each of the entities will be paying $284.80 per ton; and will
not renew their existing agreement at $309.34 per ton which will represent a significant savings as a result.
`*Transportation charges are additionally adjusted based on a prescribed fuel surcharge formula for every $.05
increase or decrease in the price of fuel. Fuel charges have generally been under $4.00 for each quarter.
Accordingly, it is recommended that an award be made, and agreements executed with Lhoist
for the City of Tamarac, and on behalf of twenty-three (23) additional entities in the Co-op; and
with Carmeuse Lime & Stone, Inc., for high calcium granular quicklime for the City of Hollywood
for a period of three (3) years.
Fiscal Impact:
Based on our estimated use of approximately 1500 tons of quicklime, we anticipate that the cost of
lime will likely show see a slight increase of an additional 1 %-- 5% based on the fact that the new
model represents a one-time increase of 11% and will only be subject to actual market changes
during the agreement, which we do not project to significantly increase over the initial three (3) year
contract period. Accordingly, we anticipate that our total expenditures for quicklime for FY21 will be
approximately $427,200, considering incremental changes throughout the year. It should be noted,
however, that any unanticipated change in fuel, raw material market prices or water usage patterns
may significantly impact our cost and quantity assumptions.
Cc: Jack Strain
Earl Henry
Anthony Licata
Temp Reso #13501
Page 1
September 3, 2020
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020- 09S
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
n -n THE APPROPRIATE CITY OFFICIALS TO AWARD
-q BID #20-21B, "FURNISH, DELIVER AND
o v DISCHARGE OF QUICKLIME' TO, AND EXECUTE
AGREEMENTS WITH, LHOIST NORTH AMERICA
k; OF ALABAMA, LLC FOR THE CITY OF TAMARAC
AND AN ADDITIONAL TWENTY-THREE MEMBERS
r�'c OF THE SOUTHEAST FLORIDA GOVERNMENTAL
m PURCHASING COOPERATIVE (CO-OP); AND WITH
�Z+ CARMEUSE LIME AND STONE ON BEHALF OF
> ONE CO OP MEMBER, THE CITY OF
4 HOLLYWOOD, FOR A PERIOD OF THREE (3)
CTm YEARS WITH THREE (3) ADDITIONAL ONE-YEAR
RENEWAL OPTIONS, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABiLITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac served as 'lead agency" on Bid 20-21 B,
"Furnish, Deliver and Discharge of Quicli&W issued on behalf of the Southeast
WHEREAS, Twenty-one govemrimmW agencies, including the City of
Tamarac will utilize this bid to purchase approximately 65,170 tons annually, of
quicklime for the Co-op, of which approbmately 1,500 tons will be purchased for
the City of Tamarac, a copy of said bid is on file with the City Clerk; and
WHEREAS, the City of Tamarac publicly advertised Bid 20-21B, "Furnish,
Deliver and Discharge of Quicklime" on the Citl%s web -site and in the Sun -
Sentinel on August 16, 2020; and
Temp Reso # 135 01
Page 2
September 3, 2020
WHEREAS, three (3) vendors downloaded the bid from the Citys web -
site; and two (2) complete bids were opened and reviewed to determine cost and
responsiveness to the City's specifications; and
WHEREAS, Lhoist North America of Alabama, LLC submitted the lowest
delivered bid price per ton for the City, and prices as shown on the bid tabulation
for other members of the Co -Op, a copy of the bid tabulation is attached hereto
as Exhibit "1': and
iowest responsive and responsible bickler forthe City of Tamarac, and for
twenty-three (23) members of the Co-op, with a copy of the bid submitted on file
with the City Clerk; and
WHEREAS, Camteuse Lime and Stone was deemed the lowest
• • • .-. • s .• - • • • - • • Y. a• • • • I - '• 1
file with the City Clerk; and
WHEREAS, the City of Tamarac, acting as lead agency for the Co-op acts
• •' r • 1 • • • • I a ••f i P6 • • M J
WHEREAS, pursuant to Section 5 of the executed Agreements, Lhoist
North America of Alabama, LLC, and Carmeuse Lime & Stone, Inc. may seek a
price adjustment on a quarterly basis based on actual costs or in accordance
with one or more recognized indices; and
WHEREAS, current dynamic economic conditions dictate that the best
interests of the City and the Co-op will be met by the utilization of an ongoing
Temp Reso #13501
Page 3
September 3, 2020
quarterly material price adjustment formula, which allows for escalation and de-
escalation of material pricing on a quarterly basis, effective October 1st, January
1st April 1st and July 15t of each year; and
WHEREAS, sufficient funds are available from the Public Services
Department Operating funds; and
WHEREAS, it is the recommendation of the Director of Public Services
and the Purchasing and Contracts Manager that Bid 20-21 B be awarded to and
an agreement executed with Lhoist North America of Alabama, LLC for
furnishing, delivering and discharging quicklime, for a period of three years with
three (3) additional one (1) year renewal options for the City of Tamarac, and on
behalf of twenty (20) other agencies in the Co-op; and
WHEREAS, it is the recommendation of the Director of Public Services
and the Purchasing and Contracts Manager that Bid 20-21B be awarded to and
an agreement executed with Carmeuse Lime and Stone for furnishing, delivering
and discharging high calcium granular quicklime, for a period of three (3) years
with three (3) additional one (1) year renewal options for the City of Hollywood,
an agency in the Co-op; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the residents of the City of Tamarac to award Bid 20-
21 B and execute an agreement with Lhoist North America of Alabama, LLC for
furnishing, delivering and discharging quicklime, for a period of three (3) years
with three (3) additional one (1) year renewal options, on behalf of the City of
Temp Reso #13501
Page 4
September 3, 2020
Tamarac and on behalf of an additional Twenty (20) agencies in the Southeast
Florida Governmental Purchasing Cooperative, and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the residents of the City of Tamarac to award Bid 20-
21B and execute an agreement with Carmeuse Lime and Stone for furnishing,
delivering and discharging high calcium granular quicklime, for a period of three
(3) years with three (3) additional one (1) year renewal options, for the City of
Hollywood, an agency in the Co-op.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS' clauses are HEREBY
ratified and confirmed as being true and coned and are hereby rnade a specific
part of this Resolution upon adoption hereof and all exhibits referenced and
attached hereto are incorporated herein and made a specific part of this
resolution.
SECTION 2: The award of Bid 20-21B, "Furnish, Deliver and
Discharge of Quicklime", to Lhoist North America of Alabama, LLC, on behalf of
the City of Tamarac and twenty-three (23) agencies in the Southeast Florida
Governmental Purchasing Cooperative, is HEREBY AUTHORIZED.
SECTION 3: The appropriate City officials are hereby authorized to
execute an agreement with Lhoist North America of Alabama, LLC as part of said
Temp Reso #13501
Page 5
September 3, 2020
award, a copy of which is attached hereto as Exhibit "2" for prices as shown in
Exhibit "1" on behalf of the City of Tamarac and twenty-three (23) entities within
the Southeast Florida Governmental Purchasing Cooperative.
SECTION 4: The award of Bid 20-212B, "Furnish, Deliver and
Discharge of Quicklime", to Carmeuse Lime and Stone, for the provision of high
calcium granular lime for the City of Hollywood, an agency in the Co-op, is
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 quicldime, a copy of which is attached hereto as Exhibit W for
prices as shown in Exhibit "1" on behalf of the City of Hollywood, an agency in
the Co-op.
SECTION 6: The City Manager, or his designee, is hereby
authorized to approve and execute any subsequent renewal options to this
Agreement, and to inflate Change Orders in amounts not to exceed $65,000 per
Section 6-147 of the City Code.
SECTION 7: All resolutions or parts of resolutions in conflict
herewith are HEREBY repealed to the extent of such conflict.
SECTION 8: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
Temp Reso #13501
Page 6
September 3, 2020
SECTION 9: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this _'• " day of j, 2020.
zx�o
MICH LLE J. GOMEZ
MAYOR
ATTEST:
-JENNIFEA JORWON, CMC
CITY CLERK
I HEREBY CERTIFY that I
Have approved this
RESOLUTION as to form.
RECORD OF COMMISSION VOTE:
MAYOR GOMQ
DIST 1: V/M BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
i
SAMUEL S. GOREN
CITY ATTORNY
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TAMARAC TR 13501 -- Exhibit 2
of Tamarac The City For Your Life Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
LHOIST NORTH AMERICA OF ALABAMA, LLC
THIS AGREEMENT is made and entered into this _ day of c'. � " , 201D by and between
the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave.,
Tamarac, FL 33321 (the "CITY") and Lhoist North America of Alabama, LLC an Alabama Limited Liability
corporation duly registered as a Florida Foreign Limited Liability corporation with principal offices located
at 5600 Clearfork Main Street, Suite 300, Fort Worth, Texas 76109 (the "Contractor") to Furnish, Deliver
and Discharge of Quicklime for the City of Tamarac and participating member of the Southeast Florida
Governmental Purchasing Cooperative.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. The Contract Documents
The contract documents consist of this Agreement, Bid Document No. 20-21B, "Furnish, Deliver
and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's
bid/proposal included herein, and all modifications issued after execution of this Agreement; and
Attachment A, which is a schedule of delivered pricing for individual delivery locations. These contract
documents form the Agreement, and all are as fully a part of the Agreement as if attached to this
Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 20-2113,
"Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid
Document No. 20-21B, as issued by the City shall take precedence over the Contractor's Proposal.
Furthermore, in the event of a conflict between this document and any other contract documents, this
Agreement shall prevail.
2. The Work
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish,
Deliver and Discharge Quicklime in accordance with the Technical
Specifications, terms and conditions contained in Bid Document 20-21B,
"Furnish, Deliver and Discharge Quicklime".
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall at
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractors 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.
TAMNARLAC
Tamarac The City For Your Life Purchasing and Contracts Division
2.1A Contractor shall be required to provide a copy of the "Contractor Pass Request
Form" (See attached Appendix A to Bid Document No. 20-21B), with photo
Identification of all personnel authorized to be on premises at City delivery sites.
2.1.5 Personnel additions and/or deletions shall be reported to the City's designated
representative in writing, via fax to a number to be provided by the using agency,
within twenty four (24) hours of the personnel change, by modification of the
names submitted on the original Contractor Pass Request Form.
2.1.6 All personnel shall check -in with the Security Guard or Operator on duty
immediately upon arrival at any delivery location. Photo identification, purpose of
visit, and name of City staff contact, shall be required for entry.
2.1.7 Contractor shall ensure that only authorized Contractor employees and/or
authorized City personnel shall have access to Contractor/City vehicles, work
site, equipment, work products, reports, electronic data and any/all other
information pertaining to the City. Contractor shall not admit any unauthorized
personnel onto any work site. Contractor will not release, discuss or share any
information on systems, equipment and/or operations, to any non -City personnel.
2.1.6 Upon leaving premises, all personnel shall be required to check out with the
Security Guard or Operator on duty.
3. Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and
amount as specified in the original bid document or as required by the City's Risk and
Safety Manager before beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, Builder's Risk and all other
insurance as required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the life of this
Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of
all insurances required under this section prior to beginning any work under this
Agreement. The Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
Insurance policies shall be endorsed to add the City as an additional insured; and shall
list the City as the Certificate Holder. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor's Liability Insurance policies.
Insurance limits are outlined below:
o General Liability -$1M per occ. / $2M aggregate
o Automobile — $1 M per ow. / $1M aggregate
o WorkersComp— Statutory
3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2
of this Agreement to any other organization in the Southeast Florida Governmental
Purchasing Cooperative, and shall provide those agencies with their own Certificate of
Insurance to validate coverage for their entity.
4. Term
The term of this Agreement shall be for an initial three (3) year period, beginning November 1,
2020 through October 31, 2023. The City reserves the right to renew this Agreement for three (3)
additional one (1) years periods subject to the Contractor's acceptance, satisfactory performance, and
determination that renewal will be in the best interest of the City.
TAMA S ��C
of Tamarac The City For Your life Purchasing and Contracts Division
5. Contract Sum
The Contract Sum for the above work for entities listed in Attachment A (UNIT PRICING
PROVIDED IN BID) herein, shall be based on delivered cost per ton. The Contract sum includes all
labor, materials and freight charges for the job also known as Bid No. 20-21B, "Furnish, Deliver, and
Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in
Attachment A All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel
surcharges shall remain firm through the term of the contract, Pricing shown in Attachment A, shall be
firm for the initial contract period from November 1, 2020 through December 31, 2020, Pricing changes
will thereafter be allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De-
escalation" shown herein beginning on January 1, 2021.
5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all
labor, materials and freight charges pricing shall be firm for the initial contract period
from November 1, 2020 through December 31, 2020. Pricing changes will thereafter be
allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De-
escalation" shown herein beginning on January 1, 2021.
5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel
surcharges during the term of the contract.
5.2.2 Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts,
invoices or published rates of the contractor's rail carrier. Contractor shall provide
documentation regarding the rail carrier's pricing as a part of the request for an
adjustment to the rail surcharge. No surcharge will be applied on top of another
one. The Bidder should provide a rail fuel surcharge schedule as part of their bid
submittal in the area provided in Attachment B herein.
5.2.3 Trucking Surcharge - The truck fuel surcharge rate will be based on the Trucking
Fuel Surcharge Scale contained in Attachment B herein, which shall be
determined by referencing the Retail On -Highway Diesel Price — U.S. Average,
as published by the U.S. Department of Energy, Energy Information
Administration (DOE) for the third Monday of the final month of each quarter. The
truck fuel surcharge will be applied to the base contract price per ton of quicklime
transported effective with the start of the next quarter. No surcharge will be
applied on top of another one. The Contractor shall utilize the trucking fuel
surcharge scale included in Attachment B as a basis for adjustment, and
surcharge adjustments will be based on that scale. The DOE Retail On -
Highway Diesel Price — US Average index may be found at:
http:/Itonto.eia.doe.gov/oog/info/wohdo/diesel detail report combined.asp
5.3 Escalation/De-escalation:
5.3.1 The City will accept price adjustments on a quarterly basis on January 151, April
1st, July 131 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
TAM�y
of Tamarac The City For Your We purchasing and Contracts Division
verification from vendor's freight and transfer subcontractors, provided to the
Purchasing & Contracts Division prior to initial contract term expiration of the
Agreement. All Rail and Truck fuel surcharges will be applied initially on
November 1, 2020, subject to change in accordance with the schedule provided
in Attachment B herein.
5.3.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel
surcharges monthly. The Contractor will apply fuel surcharges for each quarter
based on the amount of the rail and truck fuel surcharges in effect for the month
preceding the quarterly price change as calculated in accordance with Section
5.2 of this Agreement, utilizing Attachment B to this Agreement.
5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass -through of costs,
and no changes to the Contractor's profit margin shall be permitted. The City
and the Contractor may also utilize recognized governmentlindustry indices or
combination of indices to be mutually agreed upon by the City and Contractor,
when determining price increases. The City reserves the right to allow the
Contractorto utilize alternative indices for price adjustment justification; however,
the Contractor will only be allowed to change these indices at the time of any
potential contract renewal, unless the index or indices cease publication, in which
case the Contractor will be allowed to make changes to for any discontinued
index during the contract period. The City reserves final judgement in the
determination of the acceptance of specific indices to be utilized for the
justification of price adjustments.
6 Payments
A monthly payment will be made for work that is completed, accepted and property invoiced. The
City shall pay the Contractor for work performed subject to the specifications of Bid 20-21 B. All payments
shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218.
7 Conditions of Material
All materials and products supplied by the Contractor in conjunction with this agreement shall
conform to the specifications of the original bid #20-21B. The City reserves the right to return the product to
the Contractor and require the delivery of new product at no cost to the City.
8 Indemnification
8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys' fees) in connection with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or independent
Contractors, excepting only such loss of life, bodily or personal injury, or property
damage solely attributable to the negligence or willful misconduct of the City or its elected
or appointed officials and employees. The above provisions shall survive the termination
of this Agreement and shall pertain to any occurrence during the term of this Agreement,
even though the claim may be made after the termination hereof.
8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or
in the event of termination of this Agreement for any reason, the terms and conditions of
this Article shall survive indefinitely.
TAM,-✓�-
of Tamarac The City For Your Life Purchasing and Contracts Division
I. The Contractor shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but
not limited to, reasonable attorney's fees (including appellate attorney's fees) and
costs.
ii. City reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the
responsibility of Contractor under the indemnification agreement.
8.3 The City and Contractor recognize that various provisions of this Agreement, including but
not limited to this Section, provide for indemnification by the Contractor and requires a
specific consideration be given there for. The Parties therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific
consideration for such indemnities, and the providing of such indemnities is deemed to be
part of the specifications with respect to the services to be provided by Contractor.
Furthermore, the City and Contractor understand and agree that the covenants and
representations relating to this indemnification provision shall serve the term of this
Agreement and continue in full force and effect as to the City's and the Contractors
responsibility to indemnify.
SA Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to
time.
9 Non -Discrimination $ Equal Opportunity Employment
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color, sex including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, genetic information or disability if qualified. The Contractor
will take affirmative action to ensure that employees and those of its subcontractors are treated during
employment, without regard to their race, color, sex including pregnancy, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, gender identity or expression, genetic
information, or disability if qualified. Such actions must include, but not be limited to, the following:
employment, promotion; demotion or transfer, recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees
and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all
subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause.
10 Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties. It is the
intent of the Parties that the Contractor is an independent contractor under this Agreement and not the
City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards
Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act,
the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and
responsibilities hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City,
State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for
herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had
full opportunity to find other business, that it has made its own investment in its business, and that it will
utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as
creating any joint employment relationship between the Contractor and the City and the City will not be
5
TAM�tiw-
of Tamarac The City For Your Life Purchasing and Connects Division
liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums.
11 Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement without the
prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the
prior written consent of the city.
12 Notice
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express
Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Lhoist North America of Alabama, LLC
5600 Clearfork Main Street, Suite 300
Fort Worth, TX 76109
Attn: Ron Thompson, CEO
13 Termination
13.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the terminating party to the other
party for such termination in which event the Contractor shall be paid its compensation
for services performed to termination date, including services reasonably related to
termination. In the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to this termination.
13.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the material terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty (30) days after receipt by Contractor of written notice of such neglect or failure.
14 Uncontrollable Forces
14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which,
by the exercise of reasonable diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the nonperforming party. It includes, but is not limited to fire, flood,
TAM�i�-
Ciry or Tamarac The City For Your Life Purchasing and Contracts Division
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
14.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time
of being prevented or delayed from performance by an uncontrollable force, give written
notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
15 Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures provided for
in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual
budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding.
16 Warranties
Contractor warrants that the materials sold hereunder shall conform to the specifications set forth
herein and shall be free and clear of all liens and other encumbrances. CONTRACTOR MAKES NO
FURTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY INTENDED USE OR
PURPOSE.
17 Limitation of Liability
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, OR
DEFAULT IN THE PERFORMANCE HEREOF, WHETHER BASED UPON CONTRACT, TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL THEORY.
CONTRACTOR'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO REPLACEMENT OF NOW
CONFORMING MATERIAL OR REIMBURSEMENT OF THE PURCHASE PRICE FOR SUCH NOW
CONFORMING MATERIAL.
18 Venue
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
19 Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing that the
signatory for Contractor has the authority to enter into this Agreement.
20 Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to
such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
TAM,�.0
The City For Your Life
y o(Tamarac Purchasing and Contracts Division
21 Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This Agreement can be
supplemented and/or amended only by a written document executed by both the Contractor and the City.
22 No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the drafting of this
Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement
concerning its construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or
disputes connected with, arising out of, or involving this Agreement.
23 Scrutinized Companies -- 287.135 AND 215.473
23.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a
boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the
provision of goods or services with any scrutinized company referred to above.
23.2 Submitting a false certification shall be deemed a material breach of contract. The City shall
provide notice, in writing, to Contractor of the City's determination concerning the false
certification. Contractor shall have five (5) days from receipt of notice to refute the false
certification allegation. If such false certification is discovered during the active contract
term, Contractor shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error. If
Contractor does not demonstrate that the City's determination of false certification was
made in error then the City shall have the right to terminate the contract and seek civil
remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
24 Public Records
24.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
24.1.1 Keep and maintain public records required by the City in order to perform the
service;
24.1.2 Upon request from the City's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
24.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the City.
24.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records
in possession of the Contractor, or keep and maintain public records required by
8
TAMN+AC
City of Tamarw The City For Your Life
_. Purchasingencl Gonfi_acis_D(vision
the City to perform the service. If the Contractor transfers all public records to
the City upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City's custodian of public records
in a format that is compatible with the information technology systems of the City.
24.2 During the term of the contract, the Contractor shall maintain all books, reports and
records in accordance with generally accepted accounting practices and standards for
records directly related to this contract. The form of all records and reports shall be subject
to the approval of the City's Auditor. The Contractor agrees to make available to the City's
Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all
books of account, reports and records relating to this contract.
25 Public Records Custodian
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
C ITYC LERK@TAMARAC.ORG
Remainder of Page Intentionally Blank
TAMARAC
of Tamarac The City For Your Life Purchasing and Contracts
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager,
and CONTRACTOR, signing by and through its CEO duly authorized to execute same.
CITY OF TAMARAC
0 4—v-"0/
MicheII6 J. Gomez, Mayorl
Dat
ATiE T: ' Michael C. Cernech, City Manage q
l Je tfJob
erk
Date
ATTEST:
1/t^
Signature of Corporate Secretary
(!f-: 8Ur41ss
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Gj • 7 L1(
Date
Approved as to form and legal sufficiency:
Vwj /f f
City A ney
41 M&
Date
LHOIST NORTH AMERICA OF ALABAMA, LLC
Company Name
s�
Signatbi'6 of CEO
Ron Thompson
CEO
Se 7-
DateV
TAM�AR�AC
The City For Your Life
City of Tamarac Purchasing and Conlracfs Division
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 Ron Thompson, CEO of Lhoist North America
of Alabama, LLC an Alabama Limited Liability Corporation duly registered as Florida Foreign Limited Liability
Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this'%day of4 , 20 10
Signature of Notary Public
State of Fforide-at Large
—� Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
DID take an oath, or
❑ DID NOT take an oath.
41
TAMNRtiAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
ATTACHMENT A PARTICIPATING AGENCIES & UNIT PRICING PROVIDED IN BID
Below is a list of the agencies participating in this bid and their respective delivery locations:
AGENCY
DELIVERY ADDRESS
CITY/STATEIZIP
CONTACT
PHONE / E-MAIL
City of Boynton Beach
124 E. Woolbrighl Rd.
Boynton Beach 33435
David Roland
561/742-6434
RolandD bbfl.us
Broward County Dist. 1A
3701 N State Road 7
Lauderdale Lakes 33319
Pedro Barrios
95418314115 / 9541553-0653
Cell
Be os bro a
Broward County Dist. 2A
1390 NE 50th St.
Deerfield Beach 33064
Jose Otero
954/831-4127 / 954/2341034
Cell JOtero broward.or
City of Coral Springs
3800 NW 85th Avenue
Coral Springs 33065
Alvan Jones
954/345-2162
alonesit4coralspflngs.or
City of Dania Beach
1201 Stirling Road
Dania Beach 33004
Nate Costa
9541924-6808 x3616
ncosta danlabeachfl. ov
City of Delray Beach
201 SW r St.
Delray Beach 33444
Bryan Haller
561/531-0817
Heller8 m delra beach.com
Town of Davie
3500 NW 76m Avenue
Hollywood, FL 33024
Raul Sotelo
954/327-3748
Raul sotelo davle-fl. ov
City of Deerfield Beach
290 Goolsby Blvd.
Deerfield Beach 33442
Joshua Niemann
954/4804373
JniemannCdDeerfield-
Beach.com
City of Fort Lauderdale
949 NW 38%Street
Oakland Park, 33309
Cesar Alm
954/828-7865
calza(W.Lorilauderdale.gov
City of Hallandale Beach
630 NW 2n° Street
Hallandale 33009
John Fawcett
954/457-1632
'fawcettcohb.o
City of Hollywood
3441 Hollywood Blvd.
Hollywood 33021
Luis Montoya
9541967-4230
Imon!Ua(clihollywoodflorci
City of Hollywood
1621 N. 10 Avenue
Hollywood 33022
Coy Mathis Joel
954/921-3288
Blanco
cmathisralhollvwoodfl.ora
0 blanw(ftollywwriflom
City of Lake Worth Beach
301 College Street
Lake Worth Beach, 33460
Tim Sloan
561/586-1636
TSIoan(@LakeWorthBeachFL,
Gov
City of Lauderhill
2101 NW 49th Avenue
Lauderhill 33313
Lurleen Evans
9541730-2972 / 954-7304225
LevansifillauderhillAgov
City of Margate
980 NW 66 Ave.
Margate 33063
Richard llber
9541972-0828
rube ma atefl.wm
City of North Lauderdale
841 NW 71"Avenue
North Lauderdale 33068
Neil Buckeridge
954/6974757
NBuckeddae@NLauderdale.o
r
City of North Miami
12098 NW 11 Ave.
North Miami 33168
Pavel Vida
305/953-2854
PVda northmiamiFL. ov
City of North Miami Beach
19150 NW 814 Avenue
Miami Gardens 33169
Moises Sierra I Carlos
787/406-9628 305/650-0000
Carrazana
Moses sierraortizro7iacobs.co
in
Carlos.carrazanaOCitynmb.c
om
Village of Palm Springs
360 Davis Road
Palm Springs 33461
Dave Burgin
561/6354282
dburaiMn2ivosfl.ara
Village of Palm Springs
5618 Basil Drive
West Palm Beach 33415
Dave Burgin
561/635-4282
riburaln(COVI)SIl.oro
City of Pembroke Pines
7960 Johnson Street
Pembroke Pines 33024
Michael Cepeda
7861644-8762
michael.ce eda iacobs.com
42
City of Tamarac
TAM�RAC
The City For Your Life
Purchasing and Contracts Division
AGENCY
DELIVERY ADDRESS
CITY/STATEOP
CONTACT
PHONE / E-MAIL
City of Pompano Beach
301 NE 121" Street
Pompano Beach 33060
Phil Hyer
954/545-7030
Phil.h a co bfl.com
City of Riviera Beach
800 W. Blue Heron Blvd.
Riviera Beach 33404
David Danford
5611723-9973
ddanford dvierabeach.or
City of Sundse
4350 Spdngtree Drive
Sunrise 33351
Real Small
954/572-2424
rsmall sunrisefl. ov
City of Sundae
15450 Sludgemill Road
Davie 33331
Hugo Alegic
954/434-6900
hala is sunrise8. ov
City of Tamarac
7803 NW 61st Street
Tamarac 33321
Anthony Licata
954/597-3777
anthon .licala tamarac.or
Village of Wellington
1100 Wellington Trace
Wellington 33414
Karla Benoteran-
561/753-2465
Castellon
kberroleran wellin tonfl. ov
City of West Palm Beach
1009 Banyan Blvd.
West Palm Beach 33401
Sandra Feliciano
5611822-2290
sfellciano w b.or
Remainder of Page Intentionally Blank
City of Tamarac
TAM.-✓�
The City For Your Life
Purchasing and Contracts Division
UNIT PRICING PROVIDED IN BID AS OF AUGUST 31, 2020 FOR AWARDED AGENCIES
AGENCY
DELIVERY ADDRESS
ANNUAL
USAGE
PRICE
PER TON
FREIGHT
CHARGE
TOTAL
COST
DELIVERED
Type 1 - Pebble Lime
Broward County Dist. 1
3701 N State Road 7
2500
$202.00
$82.80
$284.80
Broward County Dist. 2
1390 NE 51 St.
4500
$202.00
$82.80
$284.80
City of Coral Springs 1
3800 NW 85th Avenue, Coral Springs
1352
$202. 10
$82.80
$284.80
Town of Davie
3500 NW 76th Avenue, Hollywood
1000
$202.00
$82.80
$284.80
City of Dania Beach
1201 Stirling Road, Dania Beach
350
$202.00
$82.80
$284.80
City of Deerfield Beach
290 Goolsby Blvd. - West Plant, Deerfield
Beach
1415
$202.00
$82.80
$284.80
City of Fort Lauderdale
2
949 NW 381h St., Ft. Lauderdale
11500
$202.00
$82.80
$284.80
City of Hallandale Beach
3
630 NW 6th Avenue, Hallandale Beach
900
$202.00
$82.80
$284.80
City of Lake Worth
Beach
301 College St., Lake Worth Beach
525
$202.00
$82.80
$284.80
City of Lauderhill
2101 NW 49th Avenue, Lauderhill
1825
$202.00
$82.80
$284.80
City of North Lauderdale
841 NW 71� Avenue, North Lauderdale
650
$202.00
$82.80
$284.80
City of North Miami
12098 NW 11'h Ave, North Miami
1150
$202.00
$82.80
$284.80
Village of Palm Springs
360 David Road, Palm Springs
600
$202.00
$82.80
$284.80
Village of Palm Springs
5618 Basil Drive, West Palm Beach
600
$202.00
$82.80
$284.80
City of Pompano Beach
301 NE 12th Street, Pompano Beach
2200
$202.00
$82.80
$284.80
City of Riviera Beach
800 W. Blue Heron Blvd., Riviera Beach
588
$202.00
$82.80
$284.80
City of Sunrise
4350 S rin tree Drive, Sunrise
2400
$202.00
$82.80
$284.80
City of Sunrise
15400 Sludge Mill Road, Davie
600
$202.00
$82.80
$284.80
Village of Wellington
1100 Wellington Trace, Wellington
1330
$202.00
$82.80
$284.80
TYPE 1A- Foundry/ Rice Lime
City of Boynton Beach
124 E. Woolbri ht Rd., Boynton Beach
1685
$202.00
$82.80
$284.80
City of Delray Beach
201 SW Th St., Delray Beach
3650
$202.00
$82.80
$284.80
City of Hollywood
3441 Hollywood Blvd., Hollywood
2400
$202.00
$82.80
$284.80
City of Margate
980 NW 6611, Ave, Margate
2000
$202.00
$82.80
$284.80
City of North Miami
Beach
19150 NW 81h Ave, Miami Gardens
3000
$202.00
$82.80
$284.80
City of Pembroke Pines
7960 Johnson Street, Pembroke Pines
4200
$202.00
$82.80
$284.80
City of Tamarac
17803 NW 61st Street, Tamarac
1500
$202.00
$82.80
$284.80
City of West Palm Beach
11009 Banyan Blvd., West Palm Beach
5200
$202.00
$82.80
$284.80
Approximate Total Annual TonnageTormagel
59,620
Delivery Location Special Conditions:
(1) Coral Springs - Must deliver between B:OOAM and 4:OOPM Monday to Friday ONLY.
(2) Fort Lauderdale - Must deliver between 7:OOAM and 3:00 Daily.
(3) Hallandale Beach - Delivery to be made by a tanker truck @ 25 Tons/shipment. Lime to be
pneumatically transferred from truck to silo. Delivery must be within 3 days of order.
TAMrLiRAC
City of Tamarac The City For Your Life
ATTACHMENT B
TRUCK FUEL SURCHARGE SCALE
Contracts Division
Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's
distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly.
• The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of
Energy's DOE Retail On -Highway Diesel Price - US Average index published on the 3rd Monday of
the last month of the quarter. DOE Diesel Prices may be found at the following website:
http*://www.eia.-gov/patroleumtqasdiesel/
• Percentages change .5% for every $0.05 per gallon price change
DIESEL FUEL PRICE FS = % OF DIESEL FUEL PRICE FS = % OF
NATIONALAVERAGE 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
4M%
$3.40
17.00%
$2.20
5.00%
$3.45
17.50%
$2.25
5.50%
$3.50
18.00%
$2.30
6.00%
$3.55
18.50%
$2.35
6.50%
$3.60
19.00%
$2.40
7.00%
$3.65
19.50%
$2.45
7.50%
$3.70
20.00%
$2.50
8.00%
$3.75
20.50%
$2.55
8.50%
$3.80
21.00%
$2.60
9.00%
$3.85
21.50%
$2.65
9.50%
$3.90
22.00%
$2.70
10.00%
$3.95
22.50%
$2.75
10.50%
$4.00
23.00%
$2.80
11.00%
$4.05
23.50%
$2.85
11.50%
$4.10
24.00%
$2.90
12.00%
$4.15
24.50%
$2.95
12.50%
$4.20
25.00%
45
TAMARAC TR 13501 -- Exhibit 3
of Tamarac The City For Your Llfe purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
CARMEUSE LIME & STONE INC.
fA
THIS AGREEMENT is made and entered into this _ day of 20ao by and between
the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave.,
Tamarac, FL 33321 (the "CITY") and Carmeuse Lime and Stone Inc., a Delaware corporation, duly
registered as a Florida Foreign corporation with principal offices located at 11 Stanwix Street, 2181 Floor,
Pittsburgh, PA 15222 (the "Contractor') to Furnish, Deliver and Discharge of Quicklime for the City of
Hollywood, Florida through the Southeast Florida Governmental Purchasing Cooperative.
Now therefore, In consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. The Contract Documents
The contract documents consist of this Agreement, Bid Document No. 20-21B, "Furnish, Deliver
and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's
bid/proposal included herein, and all modifications issued after execution of this Agreement; and
Attachment A which is a schedule of delivered pricing for individual delivery locations. These contract
documents form the Agreement, and all are as fully a part of the Agreement as if attached to this
Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 20-21B,
"Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid
Document No. 20-21B, as issued by the City shall take precedence over the Contractor's Proposal.
Furthermore, in the event of a conflict between this document and any other contract documents, this
Agreement shall prevail.
2. The Work
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish,
Deliver and Discharge Quicklime in accordance with the Technical
Specifications, terms and conditions contained in Bid Document 20-21B,
"Furnish, Deliver and Discharge Quicklime".
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall, at
all times, have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractors expense.
2.1.3 Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
2.1.4 Contractor shall be required to provide a copy of the "Contractor Pass Request
1
TAM�ARA�C
Cityof Twnaicc The City For your Life POIGI]aShi y ant! Caifracls Division
Form" (See attached Appendix A to Bid Document No. 20-21 B), with photo
identification of all personnel authorized to be on premises at City delivery sites.
2.1.5 Personnel additions and/or deletions shall be reported to the City's designated
representative in writing, via fax to a number to be provided by the using agency,
within twenty four (24) hours of the personnel change, by modification of the
names submitted on the original Contractor Pass Request Form.
2.1.6 All personnel shall check -in with the Security Guard or Operator on duty
immediately upon arrival at any delivery location. Photo identification, purpose of
visit, and name of City staff contact, shall be required for entry.
2.1.7 Contractor shall ensure that only authorized Contractor employees and/or
authorized City personnel shall have access to Contractor/City vehicles, work
site, equipment, work products, reports, electronic data and any/all other
information pertaining to the City. Contractor shall not admit any unauthorized
personnel onto any work site. Contractor will not release, discuss or share any
information on systems, equipment and/or operations, to any non -City personnel.
2.1.8 Upon leaving premises, all personnel shall be required to check out with the
Security Guard or Operator on duty.
3. Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and
amount as specified in the original bid document or as required by the City's Risk and
Safety Manager before beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, Builder's Risk and all other
insurance as required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the life of this
Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of
all insurances required under this section prior to beginning any work under this
Agreement. The Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractors Liability
Insurance policies shall be endorsed to add the City as an additional insured, and shall
list the City as the Certificate Holder. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor's Liability Insurance policies.
Insurance limits are outlined below:
o General Liability - $ 1 M per occ. / $21VI aggregate
o Automobile —$1Mper occ.l$1Maggregate
o WorkersComp—Statutory
3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2
of this Agreement to any other organization in the Southeast Florida Governmental
Purchasing Cooperative, and shall provide those agencies with their own Certificate of
Insurance to validate coverage for their entity.
4. Term
The term of this Agreement shall be for an initial three (3) year period, beginning November 1,
2020 through October 31, 2023. The City reserves the right to renew this Agreement for three (3)
additional one (1) year periods subject to the Contractor's acceptance, satisfactory performance and
determination that renewal will be in the best interest of the City.
TAMS. ARAC
The City For Your Life
Lily of Tamarac PorrcYrsLuy and Contracts Division
5. Contract Sum
The Contract Sum for the above work for entities listed in Attachment A (UNIT PRICING
PROVIDED IN BID) herein shall be based on delivered cost per ton. The Contract sum includes all labor,
materials and freight charges for the job also known as Bid No. 20-21B, "Furnish, Deliver, and Discharge
Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Attachment A.
All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall
remain firm through the term of the contract, Pricing shown in Attachment A, shall be firm for the initial
contract period from November 1, 2020 through December 31, 2020. Pricing changes will thereafter be
allowable on a quarterly basis in accordance with Section 5.3, "Escalation / De-escalation" shown herein
beginning on January 1, 2021.
5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all
labor, materials and freight charges pricing shall be firm for the initial contract period from
November 1, 2020 through December 31, 2020. Pricing changes will thereafter be
allowable on a quarterly basis beginning on January 1, 2021 in accordance with Section
5.3 "Escalation / De-escalation" shown herein.
5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel
surcharges during the term of the contract.
5.2.2 Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts,
invoices or published rates of the contractor's rail carrier. Contractor shall provide
documentation regarding the rail carrier's pricing as a part of the request for an
adjustment to the rail surcharge. No surcharge will be applied on top of another
one. The Bidder should provide a rail fuel surcharge schedule as part of their bid
submittal in the area provided in Attachment B herein.
5.2.3 Trucking Surcharge - The truck fuel surcharge rate will be based on the Trucking
Fuel Surcharge Scale contained in Attachment B herein, which shall be
determined by referencing the Retail On -Highway Diesel Price — U.S. Average,
as published by the U.S. Department of Energy, Energy Information
Administration (DOE) for the third Monday of the final month of each quarter. The
truck fuel surcharge will be applied to the base contract price per ton of quicklime
transported effective with the start of the next quarter. No surcharge will be
applied on top of another one. The bidder shall utilize the trucking fuel surcharge
scale included in Attachment B as a basis for adjustment, and surcharge
adjustments will be based on that scale. The DOE Retail On -Highway Diesel
Price — US Average index may be found at:
http://tonto.eia.doe.gov/oog/info/wohdo/diesel detail report combined.asp
5.3 Escalation/De-escalation:
5.3.1 The City will accept price adjustments on a quarterly basis on January 1s', April
161, July 151 and October 151 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
TAM�AR_AC
of Tamarac The City For Your Life purchasing and Contracts Division
verification from vendor's freight and transfer subcontractors, provided to the
Purchasing & Contracts Division prior to initial contract term expiration of the
Agreement. All Rail and Truck fuel surcharges will be applied initially on
November 1, 2020, subject to change in accordance with the schedule provided
in Attachment B herein.
6.3.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel
surcharges monthly. The Contractor will apply fuel surcharges for each quarter
based on the amount of the rail and truck fuel surcharges in effect for the month
preceding the quarterly price change as calculated in accordance with Section
5.2 of this Agreement, utilizing Attachment B to this Agreement.
5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass -through of costs,
and no changes to the Contractor's profit margin shall be permitted. The City and
the Contractor may also utilize recognized government/industry indices or
combination of indices to be mutually agreed upon by the City and Contractor,
when determining price increases. The City reserves the right to allow the
Contractor to utilize alternative indices for price adjustment justification; however,
the Contractor will only be allowed to change these indices at the time of any
potential contract renewal, unless the Index or indices cease publication, in which
case the Contractor will be allowed to make changes to for any discontinued index
during the contract period. The City reserves final judgement in the determination
of the acceptance of specific indices to be utilized for the justification of price
adjustments.
6 Payments
A monthly payment will be made for work that is completed, accepted and properly invoiced. The
City shall pay the Contractor for work performed subject to the specifications of Bid 20-21 B. All payments
shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 21 B.
7 Conditions of Material
All materials and products supplied by the Contractor in conjunction with this agreement shall
conform to the specifications of the original bid #20-21 B. The City reserves the right to return the product to
the Contractor and require the delivery of new product at no cost to the City.
8 Indemnification
8.1 The Contractor shall Indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys' fees) in connection with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring In connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or independent
Contractors, excepting only such loss of life, bodily or personal injury, or property
damage solely attributable to the gross negligence or willful misconduct of the City or its
elected or appointed officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during the term of this
Agreement, even though the claim may be made after the termination hereof.
8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or
in the event of termination of this Agreement for any reason, the terms and conditions of
this Article shall survive indefinitely.
I. The Contractor shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but
T _Lowonw
of Tamarac The City For Your Life Purchasinq and Contracts division
not limited to, reasonable attorney's fees (including appellate attorney's fees) and
costs.
ii. City reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the
responsibility of Contractor under the Indemnification agreement.
8.3 The City and Contractor recognize that various provisions of this Agreement, including but
not limited to this Section, provide for indemnification by the Contractor and requires a
specific consideration be given there for. The Parties therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific
consideration for such indemnities, and the providing of such indemnities is deemed to be
part of the specifications with respect to the services to be provided by Contractor.
Furthermore, the City and Contractor understand and agree that the covenants and
representations relating to this indemnification provision shall serve the tens of this
Agreement and continue in full force and effect as to the City's and the Contractor's
responsibility to indemnify.
8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to time.
9 Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor and Its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color, sex including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, genetic Information, or disability if qualified. The Contractor
will take affirmative action to ensure that employees and those of its subcontractors are treated during
employment, without regard to their race, color, sex including pregnancy, religion, age, national origin,
marital status, politcal affiliation, familial status, sexual orientation, gender identity or expression, genetic
information or disability if qualified. Such actions must include, but not be limited to, the following:
employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees
and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all
subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause.
10 Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties. It is the
intent of the Parties that the Contractor is an independent contractor under this Agreement and not the
City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards
Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act,
the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers
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 Contractors 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
TAM�RA1C
Cif of Tamsr;c The City For Your Life Purcl rasin ' y y snr. Crrnirnrls Division
liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums.
11 Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement without the
prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the
prior written consent of the city.
12 Notice
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express
Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Carmeuse Lime & Stone Inc.
11 Stanwix Street
Pittsburgh, PA 15222
Attn: Phil Piggott, V.P. of Sales & Marketing
13 Termination
13.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the terminating party to the other
party for such termination in which event the Contractor shall be paid its compensation
for services performed to termination date, including services reasonably related to
termination. In the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to this termination.
13.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the material terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty (30) days after receipt by Contractor of written notice of such neglect or failure.
14 Uncontrollable Forces
14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which,
by the exercise of reasonable diligence, the non -performing party could not avoid. The tens
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
TAMS-✓�
of Tamarac The City For Your Ute Purchasing and Contracts Division
performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the nonperforming party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
14.2 Neither party shall, however, be excused from performance if nonperformance Is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time
of being prevented or delayed from performance by an uncontrollable force, give written
notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
15 Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures provided for
in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual
budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding.
16 Venue
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
17 Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing that the
signatory for Contractor has the authority to enter into this Agreement.
18 Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to
such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
19 Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This Agreement can be
supplemented and/or amended only by a written document executed by both the Contractor and the City.
20 No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the drafting of this
Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement
concerning its construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or
disputes connected with, arising out of, or involving this Agreement.
21 Scrutinized Companies -- 287.135 AND 215.473
21.1 By execution of this Agreement, Contractor certifies that Contractor is not
participating in a boycott of Israel. Contractor further certifies that Contractor is not
TAMi�
of Tamarac The City For Your trite Purchasintr and Contracts Division
on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized
Companies with Activities in Sudan List, and not on the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or has Contractor been
engaged in business operations in Syria. Subject to limited exceptions provided in
state law, the City will not contract for the provision of goods or services with any
scrutinized company referred to above.
21.2 Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, In writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five (5) days from receipt of
notice to refute the false certification allegation. If such false certification is
discovered during the active contract term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Contractor does not
demonstrate that the City's determination of false certification was made in error
then the City shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287,135, Florida Statutes, as amended from time to time.
22 Public Records
22.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
22.1.1 Keep and maintain public records required by the City in order to perform the
service;
22.1.2 Upon request from the City's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
22.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract tens and following completion of the
contract if the contractor does not transfer the records to the City.
22.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records
in possession of the Contractor, or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to
the City upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City's custodian of public records
in a format that is compatible with the information technology systems of the City.
22.2 During the term of the contract, the Contractor shall maintain all books, reports and
records in accordance with generally accepted accounting practices and standards for
records directly related to this contract. The form of all records and reports shall be subject
to the approval of the City's Auditor. The Contractor agrees to make available to the City's
Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all
books of account, reports and records relating to this contract.
TAM�iw
City of Tamarac The City For Your Life Purchasing and Contracts Division
23 Public Records Custodian
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
C ITYCLER K@TAMARAC.ORG
Remainder of Page Intentionally Blank
TAMARAC
Gll of 7 an rarac The City For Your Life
Y Pun.dasing and C'onUacU Diviaion
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates
under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and
CONTRACTOR, signing by and through its Vice President of Operations, General Mgt., duly authorized to
execute same.
ATTEST:
� Jery if r Joh n, CM
\, i y Clerk
9- �4/- .2ck2o
Date
ATTEST:
Signature of Corporate Secretary
Nicholas Bonarrigo
Deputy General Counsel, Assistant Secretary
(CORPORATE SEAL)
CITY OF TAMARAC
Mich Ile J. Gomez, Mayor
Date
Approve to for and I al sufficiency:
City Atforney
glr-0�)Ycp.
Date
CARMEUSE LIME & STONE, INC.
Company Name
Si n� a of Vice President of Operations, General
Mg.
Jeff Bittner
September 9, 2020
Date
TAM�RAC
The City For Your Life
City of Tonrar<,c Purchasing and Conl: acts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF I�hns�/rwnn�
SS
COUNTY OF /le ha.,
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared Jeff Bittner, Vice President of Operations,
General Mgt of Carmeuse Lime & Stone, Inc. a Delaware Corporation duly registered as a Florida Foreign
Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal thisgday of 20?�
Commonwealth of Pennsylvania -Notary Saal
GL"21.ye._
Dana M. arooka, NotaryPubllc
Signature of Notary Public
Allegheny County
My commission expires December 31, 2021
State of Fi *W&at Lgrge
.n nsHlvcn Lt�
Commission number t201017
-� M
/ G,n�+i rrx�•/GS ,
Member, Pennsylvania AasaClatlon of Notarlaa
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
/Qd/ DID take an oath, or
❑ DID NOT take an oath.
41
TAM�AR�AC
of Tamarac The City For Your Ufa Purchasina and Contracts Division
ATTACHMENT A PARTICIPATING AGENCIES & UNIT PRICING PROVIDED IN BID
Contact information for the agency participating in this agreement and its respective delivery location:
AGENCY
DELIVERY ADDRESS
CITY/STATEIZIP
CONTACT
I PHONE / E-MAIL
City of Hollywood, Wastewater
1621 N. 1411 Avenue
Hollywood, FL 33022
Coy Mathis Joel
954/921-3288
Blanco
cmathis()hollywoodn.oro
Blanco holl wood8.or
IINIT PRICING PROVIDFD IN RID AS OF AUGUST 31. 2n20 FOR AWARDED AGENCIES
AGENCY
DELIVERY ADDRESS
ANNUAL USAGE
PRICE
PERTON
FREIGHT
CHARGE
TOTAL COST DELIVERED
Type 2 — Hi Cal Granular
City of Hollywood. Wastewater
1821 N. 14" Avenue, Hollywood
33022
5550
$190.00
$100.is
$290.99
Approximate Total Annual Tormagel
5550
Remainder of Page Intentionally Blank
42
TAMARAC
of Tamarac The City For Your Ute
ATTACHMENT B
TRUCK FUEL SURCHARGE SCALE
and Contracts Division
Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's
distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly.
• The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of
Energy's DOE Retail On -Highway Diesel Price - US Average index may be found at: published on the
3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at the following website:
https://www.eia.gov/i)etroleum/aasdiesel/
• Percentages change .5% for every $0.05 per gallon price change
DIESEL FUEL PRICE FS = % OF DIESEL FUEL PRICE FS = % OF
NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE
$1.75
0.00%
$3.00
13.00%
$1.80
1.00%
$3.05
13.50%
$1.85
1.50%
$3.10
14.00%
$1.90
2.00%
$3.15
14.50%
$1.95
2.50%
$3.20
15.00%
$2.00
3.00%
$3.25
15.50%
$2.05
3.50%
$3.30
16.00%
$2.10
4.00%
$3.35
16.50%
$2.15
4.50%
$3.40
17.00%
$2.20
5.00%
$3.46
17.50%
$2.25
5.50%
$3.50
18.00%
$2.30
6.00%
$3.55
18.50%
$2.35
6.50%
$3.60
19.00%
$2.40
7.00%
$3.65
19.50%
$2.45
7.50%
$3.70
20.00%
$2.50
8.00%
$3.75
20.50%
$2.55
8.50%
$3.80
21.00%
$2.60
9.00%
$3.85
21.50%
$2.65
9.50%
$3.90
22.00%
$2.70
10.00%
$3.95
22.50%
$2.75
10.50%
$4.00
23.00%
$2.80
11.00%
$4.05
23.50%
$2.85
11.50%
$4.10
24.00%
$2.90
1 12.00%
$4.15
24.50%
$2.95
1 12.50%
$4.20
25.00%
SunSentinel
.ani ne ni�e�?s� aiir ceo� m
Order ID: 6742699
GROSS PRICE * : $124.20
PACKAGE NAME: SSC Advertisement For Bids
Printed: 8/13/2020 9:38:29 AM
Page 1 of 3
* Agency Commission not included
SnnSentinel
FORUM PUOMHING GPOUP
[a]roMal►jW-15e,p =t
GROSS PRICE * : $124.20
PACKAGE NAME: SSC Advertisement For Bids
Product(s): Sun Sentinel, Affidavit, Floridapublicnotices.com
AdSize(s): 1 Column
Run Date(s): Sunday, August 16, 2020
Color Spec. B/W
Preview
Printed: 8/13/2020 9:38:29 AM
Page 2 of 3
* Agency Commission not included
Sun_Serttinel
'���� irsJL� mJELT3'fl�: 2PM R
Order ID: 6742699
GROSS PRICE * :
PACKAGE NAME: SSC Advertisement For Bids
ADVERTISEMENT INVITATION TO BID
IITB1
ALL QUALIFIED BIDDERS'
Sealed Olds, addressed to the Purchas-
ing and contracts Division of the City of
Tamarac, Oroward county, Florida, will
be recelved electtonicaliy v12 the Cltys
encrypted procurement management
system, bids&ta_1ldersrM until 3:00 PM lo-
cal time, Monday, Ab$bst31, 2020 Poi
Furnish. Deliver and DIShcarge Qufc%1IIne
The City Of Tatrlarac is hereby re besting
Bids, from qualflled contractors, ho Fur-
nlsh. Deliver and discharge QutcUrne at
the city of Tamarac Water Plant property
at 7803 NW 61st street, and on behalf
Of agencies in The south Florida Govern-
mental Purchasing cooper adve as listed
Within the Bid document
smNd Olds must be received elec-
tronicallyvia the citys encrypted
pi ncurement management system,
bids&tenderMI on of before the date
and time tefefenced above Atr/ Bids re-
ceived after3:00 PM on said date will not
be accepind under any circumstances
Arty uncertainly regarding the Ume a Bid
is received Will be resolved agalnst die —
Bidder Please download the bid docu-
melttto reeehsa Instructionsaboutat-
lending the vil tual bid opening ceremony
City reserves the 11ght to reject any or
all 6ldder, to waive any httormllBes of
1ITegl11a11ties 111 any BIBS received, tO I&
advertise for Bids, to award in Whale or in
pelt to obe or more Bidders, or take any
other such actlons that may De deemed
to be ht die best interests of the city. Bid
d0ruments may be obtained efectioni-
cally ONLY at https: 1mrmracbldsand-
tenders,org/Module/Tenders/en.
sincerely,
/s/t:eith IC Glalz
With r. Glatz, [APO
Purchasidg & rXmtracG Manager
8/16/2020 6742699
$124.20
Printed: 8/13/2020 9:38:29 AM
Page 3 of 3
* Agency Commission not included
20-21 B - Furnish, Delivery and Discharge of Quicklime
Opening Date: August 12, 2020 5:45 PM
Closing Date: August 31, 2020 3:00 PM
Vendor Details
Company Name:
Lhoist North America of Alabama, LLC
1479 Town Center Drive
Address:
Suite 229
Lakeland, Florida 33803
Contact:
Elizabeth Hart
Email:
elizabeth.hart@lhoist.com
Phone:
863-644-9010
Fax:
863-644-9030
HSTM
Submission Details
Created On: Tuesday August 25, 2020 08:57:58
Submitted On: Saturday August 29, 2020 14:15:06
Submitted By: Elizabeth Hart
Email: elizabeth.hart@lhoist.com
Transaction #: 28c96c3f-ecff-4a4f-8a79-d49ffc6d798e
Submitter's IP Address: 65.35.99.250
Bid Number: 20-21 B Vendor Name: Lhoist North America of Alabama, LLC
Schedule of Prices
The Bidder hereby Bids and offers to enter Into the Contract referred to and to supply and do all or any part of the Work which is set out or called for In this Bid, at the unit prices,
and/or lump sums, hereinafter stated.
Denotes a "MANDATORY" field
Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner.
If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value.
All funds are to be submitted in LSD currency.
Type 1 - Pebble Lime
r We will not be submitting for Type 1 -Pebble Lime
#
AGENCY
DEURERY ADDRESS
ANNUALUSAGE
PRICE PER TOW
FREIGHTCHARGE`
Agency Total
1
Browafd County Dist 1
3701 N State Road 7
2500
$202.0000
$82.8000
$ 712,000.00
2
Bmward County DaL 2
1390 NE 51 St.
4500
$202.0000
$82.8000
$1,281,600.00 '
3
City of Coral Springs
Note: Most deliver between 8:00
AM and 400 PM Monday to
Friday ONLY.
3800 NW a5th Avenue, Coral Springs
1352
$202.0000
$82.8000
$385,D49.60
4
Town at Davie
WOO NW 76th Avenue, Hollywood
100D
$202.0000
$82.80W
$ 284,800.00
5
City of Dania Beach
1201 Siding Road, Dania Beach
350
$202.0000
$82.8000
$ 99,680.00
6
City of Deerfield Beach
290 Goolsby Bind. - West Plant, Deeriield Beady
1415
$202.00OD
$82.8000
$402,992.00
7
City of Fort Lauderdale
Must dativer between T.00AM and
3.M Daily.
949 NW 38th St., FL Lauderdale
11500
$202.0000
$82.8000
$3,275,200.00
8
City of Hallandale Beach
Delivery to be made by a tanker
truck (aj 25 Tons/shipment. Lima
to be pneumatically hansfened
from truck b sib. Delivery must
be within 3 days of order.
00 HIM 6th Avenue, Hallandale
900
$202.0000
$82.8000
$255,320.OU
9
City of Lake Worth Beach
301 College St, Lake Worth Beach
525
$202.0000
$82.8000
$149,520.00
10
CM of Lauderhill
2101 HIM 49th Avenue, Lauderhill
1825
$202.0000
$82.8000
$519.760.00
11
City of North Lauderdale
841 NW 71st Avenue, North Lauderdale
650
$202.0000
$82.8000
$185,120.00
12
City of North Mlaml
12098 NW 11th Ave, North Miami
1150
$202.0000
$82.8000
$ 327,520.00
13
'Allege of Palm Springs
360 David Road, Palm Springs
600
$202.0000
$82.8000
$170,880.00
14
village of Palm Sprigs
5618 Basil Drive, West Palm Beach
600
$202.0000
$82.8000
$170,880.00
15
City of Pompano Beach
City of Pompano Beach
2200
$202.0000
$82.8000
$ 626,560.00
16
City of Riviera Beach
800 W. Blue Heron Blvd., Riviera Beach
568
$202.0000
$82.8000
$167,462AO
17
CRY of Sunrise
4350 Springhee Drive, Sunrise
2400
$202A000
582.8000
$ 683,520.00
18
City of Sunrise
all Sludge MITI Road, Davie
600
$202.00W
$82.8000
$170,880.00
19
Vifiage of Wellington
1100 Wellington Trace, Wallington
t311
$202.0000
$82.BB00
$ 378,784.00
Subtotal:
$10.248,528.00
Type 1A - Foundry/Rice Lime
r We will not be submitting for Tvue 1A - FouncIN/Rice Lime
#
AGENCY
DELIVERYADDRESS
ANNUALUSAGE
PRICE PER TON`
FREIGHT
CHARGE`
Agency Total
1
City of Boynton Beady
124 E. Waolbright Rd., Boynton Beach
1686
$202.0000
$82.8000
$ 479.888.00
2
City of Delray Beach
201 SW 7th St., Ddrey Beach
3650
$202.0000
$82.8000
$ 1.039,520.00
3
City of Hollywood
3441 Hollywood Blvd., Holkwood
2400
$202.0000
$82.8000
$ 683,520.00
4
City of Megete
980 NW 66th Ave, Margate
2000
$202.0000
$82.8000
$569,600.00
5
City of North Miami Beach
191W NW eth Ave, Miami Canter
3000
$202.0000
$82.8000
$864.400.00
6
City of Pembroke Pines
7960 Johnson Sheet, Pambmke Pines
4200
$2D2.0000
$821I000
$1,196,180A0
7
City of Tamarac
7803 IOW 61st Street Tamarac
1500
$202.0000
$82.8000
$ 427,200.00
8
CBy, of West Palm Beach
1009 Banyan Bind., West Palm Beach
15200
$202.0000
$82.8000
$1,480,96000
Subtotal:
$ 6,731:91Z0
Type 2 - HI CAL Granular
r We will not be submillma forTwe 2-HI CAL Granular
#
AGENCY
DELO/ERYADDRESS
ANNUALUSAGE
PRICEPERTON•
FREIGHTCHARGE`
AgencyTotal
1
Cityof Hollywood
Wmtewaler, 1621 N114th Ave, Hollywood
5550
1$202.0000
1$180.3300
$ 2.121,931.50
Subtotal:
$2,121,931.50
Bid Number: 20-21 B Vendor Name: Lhoist North America of Alabama, LLC
Summary Table
Bid Form
Amount
Type 1— Pebble Lime
$10,24%528.00
Type 1A— Foundry/Rice Lime
$ 6,731,248.00
Type 2—HI CAL Granular
$ 2,121,931.50
Subtotal Caused Amount
$19.101,707.50
Bid Questions
TERMS: %(percent discount, ti any, if
paymen made w ins DAYS; othenal terms No Discount. Payment forms net 30 days.
am NET 30 days.
The City ofTamamc desires to have the ability M use
a city credo red for payment Will your firm accepts No-onlyon CODacmunls.
Visa credit cad as payment from the City of
Tom arec7 TYPE: YES or NO
Does the firm produce the lime being sold? TYPE:
YES or NO If yes, provide retailetl information
regarding your production facilities in your narmsve
response to be uploaded herein. If no, please provide
detailed Information regarding the follaM g In your
narrative response to be uploaded herein: -The Yes
source of your lime, and -The specific point(s) of
origin for the production of lime to be provided under
the Agreement, and -The staging area(s) for time
deliveries to COOP Members, Including the capacity
of staging area(s) expressed In tons.
Provide detailed information on your firm's method for Lime will be shipped via mil from manufacturing point in AL to distribution terminals in South Florida (Pompano and FL Lauderdale). Lime is
distributing the lime Is CO-0P Members. unloaded into silos and Men loaded Into pneumatic lankers for delivery to customers'silos.
The City may request the fines most recently
completed auditeA financial statement to determine
the snn's ability to meet Me obligations of the CO-OP Ya
Agreement. Are you able to provide this Information if
requested by the CW TYPE: Yes or No
Specifications
CERTIFICATION
We (1), the undersigned, hereby agree to furnish the item(syservice(s) described in the Invitation t0 Bid. We (1) certify that we (1) have read the entire document, including the
Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the
requirements of the entire Invitation to Bid.
Indicate which type of organization below:
Intliale which type of
contmdora
Federal Tax ID
Email address
organization •
Company Name'
Address'
Telephone'
City'
State'
ZIP•
License
Number•
for above
Number•
signer•
OTHER
Lhdst Nadh
1479 Town
3146144950
Lakeland
FL
33813
M090OW01425
63-1002780
dale.james®Iho
America of AL,
Center Drive,
ist.com
LLC
Suite 229,
Lakeland, FL
33803
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida
Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and
service are received by the State or by any political subdivision for the procurement of commodities or contactual services, a bid received from a business that certifies that it has
implemented a drug -free workplace program shall be given preference In the award process. Established procedures for processing He bids will be followed If none of the tied
vendors have a drug -free workplace program. In order to have a drug -free workplace program, 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.
1. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be Imposed upon employees for drug abuse violations.
2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).
3. 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 min contendere 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 than five (5) days after each conviction.
4. 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.
5. 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.
1 Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything Outlined in this Section'
r Y.
r No
BIDDER'S QUALIFICATION STATEMENT
X Vendor is
Have you
Have you
operating
under
ever been
ever
Fictitious
debarred or
Are you
Are you
Has your
Are yoga
received
Name,
tl at former
tletl
Certified? If
Licensed? If
company
Sales
contact ore
Line
Haw many years has your organization
submit
rn.(s) your
/rom doing
finomd
Yes, attach
Yes, attach
ever
XVes,
Re
purchase
item
been in business under its present
evidence of
burins) op
business
copy of
copy of
declared
ezplaln:•
ve of thentatl
ordertCityof.
name?•
compliance
List former addressfes)
Llstatbusiness(i
a
License to
bankruptcy?
commodities
arrod
the
Frith Flodda
°f that business (if any). •
any)
goverwith nment
government
to Package
to Package `
ge
Package'
/services bid
Craw
or
Fictitious
alentlry4lf
upon? '
other
other
Name
Yes,
government
Statute:
Explain
at entity'!'
1
9
N/A
Chemical Lime Company
No
r Y.
r Yes
r Yes
No
Manufacturer
r. Yes
r No
r No
r No
I
r No
Bid Number: 20-21 B Vendor Name: Lhoist North America of Alabama, LLC
Scrutinized Companies and Boycott of Israel
I certify that my company will not:
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the .Scrutinized Companies with AcWlties In the Iran Petroleum Energy Sector List; and
5. Has not engaged In business operations In Syria.
Submitting a false cenfcation shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the
false certification. The Contractor shall have ninety (90) days following recelipt of the notice to respond in writing and demonstrate that the determination of false certification was
made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to flortda Statute§ 287.135. Section 287.135, Florida Statutes, prohibits the City from:
1) Contracting with companies for goods or services in any amount If at the time of bidding on, submitting a proposal for, or entering Into or renewing a contract If the company is
on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 21 SA725, F.S. or is engaged In a boycott of Israel; and
2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities In the Iran Petroleum Energy Sector list,
created pursuant to s. 215.473, or are engaged in business operations in Syria.
As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any
boycott of Israel, Is not listed on the Scrutinized Companies that Boycott Israel List, Is not listed on either the Scrutinized Companies with activifies in the Icon Petroleum Energy
Sector UsL and is not engaged in business operations In Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject
the company to civil penalties, allomey's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if
the company is found to have submitted a false certification or has been placed oln the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List.
I Hereby Acknowledge the Scrutinized Companies—287.135 and 215.473 Information Below and Will Abide by Everything Outlined in this Section `
r. Yes
r No
By execution of this Agreement, Contractor certifies that the Contractor Is not participating in a boycott of Israel. The Contractor further certifies that Contractor is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities In Sudan List, and not on the Scrutinized Companies with Activities In the Icon
Petroleum Energy Sector List, or has the Contractor been engaged In business operations In Cuba or Syria. Subject to limited exceptions provided in state law, the City will not
contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certNcalion shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the City+s determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to
refute the false certification allegation. If such False codification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the
notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of
false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
Fiml's Primary Ownership
Which ofthe following
Which of the following best
If Other Please
Line
best describes the gender
describes the ethnicfry of your Orm's
Please select the current certification your firm
Indicate the agency or agencies that
Enter information
Item
of your flrm'a primary
primary owner (at least 5l%
holds- (*NOTE Proof of Certification must be
have granted the certification to your
Here: (g NONE
owner (at least 51%
ownership):'
included in Document Upload Section)
firm:'
Enterthe word
ownership):'
"NONE")
1
Equalya ned(Fen Node and
CauraslanWhlte
None
Other
NONE
Male)
APPENDDC A - PART 1 - CONTRACTOR PASS REQUEST CONTACT INFORMATION
Vendor Name •
Vendor Address•
Vendor Contact Name:'
Vendor Contact Telephone No.•
Soulhem Tank
800 West McNab Road, Fort
Matthew Sweamem
954Z3 6795
Lauderdale, FL 33309
So ifi en Tank
800 West McNab Road, Fort
Mathew Swaakrun
95"33-5795
Lauderdale, FL
APPENDIX A - PART 2 -- CONTRACTOR PASS REQUEST - LIST OF CONTRACTOR EMPLOYEES REQUIRING ACCESS TO FACHUITIFS
Name'
Work to Be Performed'
Santos George
Qui dime Driver
Glmr Gilley
Quicklime Driver
Hayden Gayle
Quicklime Driver
F.*. UNsses
Quicklime Driver
Matthew Sveatman
Manager and Quicklime Driver
Bid Number: 20-21 B Vendor Name: Lhoist North America of Alabama, LLC
References
REFERENCES
Please list government agencies and/or private firms with whom you have done business during the last five years:
Line Item
Company Name •
Legal Address'
Contact Nam •
Phone Number
Email Address'
1
City of Lakeland
1501 West Bella Vista Street
Joseph Costive
863-834�6750
Joaeph.Cmline®lakelandgov.nel
,
Lakeland, Florida 33805
2
City of West Palm Beach
401 Clematis Street, 5th Floor
More Wamsley
561-494-1055
rwa=I y@.pb..rg
West Palm Beach, FL 33401
3
Palm Beach County COOP
100 E. Boynon Beach Blvd
Julianne Alibrandi
561-7488322
A1flamrxfiJ@bbfl.us
Boynton Beach, FL 33435
4
City of Naples
1000 Fleiachmand Blvd
Gerald Secmy
239-213-7100
jsecary®napI Mov.rom
Naples, FL 34102
5
City of Orlando
6001 Imn Bridge Circle
Diane Tisdell
407-246-2563
Diane.Tisdellinlodaralogovarg
Odando, Florida 32765
Documents
It is your responsibility to make sure the uploaded file(s) is/are not defective or corrupted and are able to he opened and viewed by the Owner. If the attached file(s) cannot be
opened or viewed, your Bid Call Document may be rejected.
• 'v ' -TAMARAC NON -COLLUSIVE AFFIOAVIT.pdf- Friday August 28,202014:14:21
• Certified Resolution- TAMARAC CERTIFIED RESOLUTION.pdf- Friday August 28,202013.48.40
• Cert ficete of Insurance Proof of Comet ance with Reguiremenla - COI THE CITY OF TAMARAC 2947859_64.pdf -Thursday August 27, 2020 09:1OAS
• W9 Form - LNA_AL 2020 W-9.pdf - Thursday August 27, 2020 09:09:12
• Vendor NermWe to address any issues as requested in the bid document - Pricing Formula and Proposed Exceptions _ Tamarac.pdf- Friday August 28, 2020 14:22:46
Bid Number: 20-21 B Vendor Name: Lhoist North America of Alabama, LLC
Addenda, Terms and Conditions
B. STANDARD TERMS & CONDITIONS
These standard terms and condttions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request far Quotes, Request for Bids
and Request for Proposals. As such the words 'bid" and "proposal' are used Interchangeably in reference to all offers submitted by prospective Proposers. Any and all special
conditions in this ITB or any sample agreement document that may be in variance or conflict with these Standard Terns and Conditions shall have precedence over these
Standard Terms and Conditions. If no changes or deletions to Standard Terms and Conditions are made in any Special Conditions which may be contained herein, or in the
Scope of Work, then the Standard Terms and Conditions shall prevail in their entirety.
1. PERFORMANCE
Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the Bid shall be just cause for cancellation of the Bid award;
notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder,
terminate the contract for failure to perform, The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance.
2. CONDITIONS OF MATERIALS
All materials and products supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and
consistent with Industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be
defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City.
Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The womanly, period shall wmmence upon final
acceptance of the product.
3. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this Bid. The
seller agrees to hold the City ham less from all liability, loss or expense occasioned by any such violation.
4. SAFETYSTANDARDS
The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth In the Occupational Safety and Health Act of 1970 as amended,
and shall be in compliance with Chapter 442, Florida Statutes as well as any Industry standards, if applicable. Any toxic substance listed in Section 38FAl.03 of the Florida
Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS).
5. INSPECTION
The City shall have the fight to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these
specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the
successful vendor.
TERMINATION
a. DEFAULT: 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 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.
b. TERMINATION FOR CONVENIENCE OF CITY: Notwithstanding any additional requirements for performance based contracting contained in the special conditions
herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor 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.
c. FUNDING OUT: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 at this Agreement and Is subject to termination based on lack of funding.
7. ASSIGNMENT
The Bidder shall not transfer or assign the performance required by this Bid without the prior written consent of the City. Any award Issued pursuant to this Bid and monies that
may become due hereunder are not assignable except with prior written approval of the City. For purposes of this Agreement, any change of ownership of the proposer shall
constitute an assignment which requires City approval. However, this Agreement shall run to the benefit of the City and its successors and assigns.
B. EMPLOYEES
Employees of the Bidder shall at all limes be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable
employees. The City may require the Bidder to remove an employee it deems careless, Incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to
the City for the acts and omissions of all employees working under is directions.
& EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex
Including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender Identity and expression, or disability ifqualifed. The
Contractor will take affirmative action to ensure that employees and those of Its subcontractors am treated during employment, without regard to their race, color, sex including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability ff qualified. Such actions
must include, but not be limited to, the following: employment, promotion; demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor and Its subcontractors shall agree to post in conspicuous places, available to its
employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscriminafion clause. The Contractor further
agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause.
10. INSURANCE REQUIREMENTS
Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now In effect, or hereinafter enacted
during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, t any, with respect to the work and services described herein.
Bidder shall obtain at Bidders expense all necessary insurance in such forth and amount as required by the City's Risk & Safety Officer before beginning work under this
Agreement. Proposer shall maintain such insurance in full force and effect during the life of this Agreement. Proposer shall provide to the Citys Risk & Safety Officer certificates of
all insurance required under this section prior to beginning any work under this Agreement. Proposer shall indemnify and save the City harmless from any damage resulting to it for
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
failure of either Proposer or any subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of Insurance coverage, which the Proposer agrees to maintain during the term of this contract
. General Liability -$1M per am. /$2M aggregate
. Automobile —$1M per am. /$1M aggregate
. Workers Comp —Statutory
The City reserves the right to require higher limits depending upon the scope of work under this Agreement.
Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with
evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will
maintain the necessary coverage throughout the term of this Agreement.
All insurance carders shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will
give the City sixty (60) days notice prior to cancellation.
The Bidders liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidders Workers Compensation carrier will provide a Waiver
of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions.
The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self4nsured retention. If the Bidder is to provide professional services. The City
reserves the right to request the successful Bidder to provide the City with evidence of Professional Liability Insurance with, at a minimum, a limit of $1,000,000 per occurrence
and in the aggregate. `Claims -Made" forms are acceptable for Professional Liability insurance in the event that the successful Proposer provides professional services as agreed
upon with City.
Contractor shall at a minimum, provide the level of coverage provided as stated in Section 10 "Insurance" of the Standard Terms and Conditions herein of this Agreement to any
other organization in the Southeast Florida Governmental Purchasing Cooperative, and shall provide those agencies with their own Certificate of Insurance to validate coverage
for their entity. Insurance coverage for other agencies within the Co-op shall apply only to those agencies individually.
11. INDEMNIFICATION
The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and
expenses (including attomeys' 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 Proposer or his Subcontractors, agents, officers, employees 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 of Tamarac or its elected or
appointed officials and employees. 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. Nothing contained herein is intended nor shall it be construed to waive City/s rights and
immunities under the common law or Florida Statute 768.28 as amended from time to time.
12. INDEPENDENT CONTRACTOR
An Agreement resulting from this solicitation 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 previsions of the Internal Revenue Code, the
State Workers 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 Contractors activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potential
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
Contractors 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 is own investment in Its business, and that it will utilize a high level of skill necessary to perform the work. Any potential 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.
13. SCRUTINRED COMPANIES F.S. 287.135 and 215A73
Bidder must certify that the company is not participating in a boycott of Israel. Bidder must also certify that Bidder is not on the Scrutinized Companies that Boycott Israel list, not
on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in
business operations in Cuba or Syria. Subject to limited exceptions provided in stale law, the City will not contract for the provision of goods or services with any scrutinized
company referred to above. Bidder must submit the certification that is attached to this contract. Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, In writing, to the Bidder of the City's determination concerning the false certification. The Bidder shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active contract term, the Bidder shall have ninety (90) days following receipt of the notice to respond
in writing and demonstrate that the determination of false certification was made in error. If the Bidder does not demonstrate that the CltVs determination of false certification was
made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
14. RECORDS/AUDITS
14.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The successful Bidder shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
14.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City In order to perform the service;
14.1.2 Provide the public with access to such public records on the same terms and condiions that the City would provide the records and at a cost that does not exceed that
provided in chapter 119, Fla. Stat, or as otherwise provided by law;
14.1.3 Ensure that public records that are exempt or that am confidential and exempt from public record requirements are not disclosed except as authorized by law; and
14.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that am exempt or confidential and exempt. All records stored electronically must be provided to the City In a format that is compatible with the
Information technology systems of the agency. The failure of Contractor to comply with the previsions set forth in this Article shall constitute a Default and Breach of this
Agreement and the City shall enforce any available contract remedies in force including termination of the Agreement.
14.2 During the tans of the contract, the successful Bidder shall maintain all books, reports and records in accordance with generally accepted accounting practices and
standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The successful Bidder agrees to
make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
contract.
15. UNBALANCED BIDS
When a unit price Bid has variable or estimated quantifies, and the Bid shows evidence of unbalanced Bid pricing, such Bid may be rejected.
16. UNIT PRICES
Where a discrepancy between unit price and total price is indicated on a Proposers submitted Schedule of Bid Prices or Price Bid Form, the unit prices shall prevail.
17. VENUE
Any Agreement resulting from this solicitation 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.
18. CUSTODIAN OF RECORDS
IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88th AVENUE
ROOM 101
TAMARAC, FL 33321
(954)597-3505
C ITYCLERKOTAMARAC.ORG
Remainder of Page Intentionally Blank
P We (1), the undersigned, hereby agree to furnish the item(suservice(s) described in the Request of Quotation. We (1) certify that well) have read the entire document, including
the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terns and Conditions, and any addenda issued. We agree to comply with all of
the requirements of the entire Request for Quotation - Dale James, Sales Manager, Lhoist North America of Alabama, LLC
The bidder shall declare any potential conflict of interest that could arise from bidding
on this bid. Do you have a potential conflict of Interest? r Yes r• No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document
Please check the box In the column "I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and Pages
attachments (if
applicable)
There have not been any addenda issued for this bid.
Bid Number: 20-21 B Vendor Name: Lhoist North America of Alabama, LLC
Bid Number: 20-21 B Vendor Name: Lhoist North America of Alabama, LLC
20-21 B - Furnish, Delivery and Discharge of Quicklime
Opening Date: August 12, 2020 5:45 PM
Closing Date: August 31, 2020 3:00 PM
Vendor Details
Company Name:
Carmeuse Lime & Stone
Does your company conduct
business under any other name? If
PA
yes, please state:
11 Stanwix Street
Address:
Pittsburgh, PA 15222
Contact:
Jeff McElhinny
Email:
jeff.mcelhinny@canneuse.com
Phone:
412-995-2025
Fax
412-995-2025
HST#:
25-1254420
Submission Details
Created On:
Submitted On:
Submitted By:
Email:
Transaction #.
Submitter's IP Address:
Tuesday August 18, 2020 10:38:56
Friday August 21, 2020 14:38:56
Jeff McElhinny
jeff.mcelhinny@carmeuse.com
12b06e15-86a9472e-a0bf-55cOb79b0203
12.91.164.154
Bid Number: 20-21 B Vendor Name: Carmeuse Lime & Stone
Schedule of Prices
The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices,
and/or lump sums, hereinafter stated.
Denotes a "MANDATORY" field
Do not enter $0.00 dollars unless you are providing the line Rem at zero dollars to the Owner.
If the line item and/or table is "NON -MANDATORY' and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value.
All funds are to be submitted in LSD currency.
Type 1 - Pebble Lime
P We will not be submitting for Type l— Pebble Lime
#
AGENCY
DELIVERY ADDRESS
ANNUALUSAGE
PRICEPERTON'
FREIGHTCHARGE'
Agency Total
1
Seaward County DIsL 1
3701 N State Read 7
2500
2
Bmvard County Dist. 2
1390 NE 51 SL
4500
3
City of Coral Springs
Nate: Must deliver between 8.00
AM and 4:00 PM Monday to
Friday ONLY.
3800 NW 85tr Avenue, Coral Springs
13U
4
Town of Davie
3500 NW 76th Avenue, Hollywood
1000
5
City of Dania Beach
1201 String Road, Dania Beach
350
6
City of Deerfield Beach
290 Goolsby Blvd. — West Plant, Deerfield Beach
1415
7
City of Fort Lauderdale
Must deliver between T.ODAM and
3:00 Daily.
949 NW satin St., FL Lauderdale
11500
e
City of Hallandale: Beach
Delivery to be made by a tanker
seek @ 25 Tons/shipment Lime
to be pneumatically transferred
Wm Wck to sib. Delivery must
Im within 3 days of order.
6W NW 6Ih Avenue, Hallandale
900
9
City of Lake Worth Beach
301 College St., Lake Worth Beach
525
10
City of Lauderhill
2101 NW 49m Avenue, Lauderhill
1825
11
City of North Lauderdale
841 NW 71st Avenue, Nonh Lauderdale
650
12
City of North Miami
12098 NW IIth Ave, Nadh Miami
1150
13
Village of Palen Springs
360 David Road, Palm Springs
600
14
village of Palen Springs
5618 Basil Drive, Wasl Palm Beach
No
15
City of Pompano Beach
City of Pompano Beach
2200
16
City of Rivera Beach
800 W. Blue Heron Blvd., Riviera Beach
me
17
City of Sunrise
4360 Springtree Drive, Sunrise
2400
18
City of Sunrise
120 Slutlge lvM Road, Davie
fi00
19
VIINge of Wellington
1100 Wellington Trace, Wellington
1330
Subtotal:
Not Submitting
Type 1A--Foundry/Rice Lime
P We will not be submitting for T e 1A —Found /Rice Lime
#
AGENCY
DELIVERY ADDRESS
ANNUALUSAGE
PRICEPERTON'
FREIGHT
CHARGE`
Agency Total
1
City of Boynton Beach
124 E. Woolbright Rd., Boynton Beach
1685
2
City of Delay Beach
201 SW 7th St., balmy Bamrh
3650
3
City of Hollywood
3441 Hollywood Blvd., Hollywood
24M
4
City of Margate
980 NW 66th Ave, Margate
2000
5
City of North Miami Beach
19150 NW alh Ave, Miami Gardens
3000
6
City of Pembroke Pines
79W .lah.n Sbest, Pembroke Pines
4200
7
City of Tamarac
7803 NW 61st Street, Tamarac
1500
a
City of West Palm Beach
1009 Banyan Blvd., West Palm Beach
5200
Subfdal:
Not SuMtittmg
Type 2- Hi CAL Granular
r Wewlll not besubmitting forT e2—Hi CAL Granular
#
JAGENCY
DELIVERY ADDRESS
IANNUALUSAGE
PRICEPERTON'
FREIGHTCHARGE'
AgencyTotal
1
CRy of Hollywood
Wastewater, 1621 N14N Ave, Hollywood
15550
$190.0060
1$100.9900
$ 1,614,994.50
Subtotal:
$ 1,614,994.50
Bid Number: 20-21B Vendor Name: Carmeuse Lime $ Stone
Summary Table
Bid Form
Amount
Type 1—Pebble Lime
Not Submitting
Type 1A—FcundryfRbe Lime
Not Submitting
Type 2—HI CAL Granular
91,614,994.50
Subintal Contract Amount:
E 1,614,994.50
Bid Questions
TERMS:_% (percent discount discount, tany, if
paymentmade within_ DAYS; otherxise. terms net W. no discount for early payment
are NET 30 days.
The City of Tamarac desires to have the ability to use
a fly credit card for payment. Wlllyau'#"'pta NO
Visa credit card as payment from the City of
Tamarac? TYPE: YES or NO
Does the firm produce the firms being sold? TYPE:
YES or NO byes, provide detailed Information
regarding your production facilifies in your narrates,
response to be uploaded herein. If no, please provide
detalled information regarding the following in your YES, ere have a facility that quarres and calcines the lime in question in Saginaw, Alabama. The material Is transported from there to one of
narrative response to be uploaded herein: - The source of your lime, and -The specific points) of several terminals within Florida. Most of our supply vnllcome out of our Pompano terminal.
origin for the production of fime to be provided under
the Agreement, and -The staging areas) for lime
deliveries In CO-OP Members, including the capacity
of staging area(s) expressed in tons.
Provide detailed Information on your firms method for We only have capacity to bid on the Type-2 HiCal for Hollywood, FL W WTP.
disldbuUng the lime to GO -OP Members.
The City may request the firms most recently
completed audited financial statement to delemrine
the firms ability to meet the obligations of the CO-0P NO, we are a private comomton.
Agreement. Am you able to provide this information If
requested by the City) TYPE Yes or No
Specifications
CERTIFICATION
We (1), the undersigned, hereby agree to furnish the item(s)1service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, Including the
Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda Issued. We agree to comply with all of the
requirements of the entire Invitation to Bid.
Indicate which type of organization below.
Indicate which type of
Contractors
Federal Tax lB
Email address
organization '
Company Neme'
Address'
Telephone'
CBy•
State'
ZIP'
License
Number`
for above
Number`
signer'
CORPORATION
Carmeuse Lime
11 Stanwix St,
4129952025
Pttsburgh
PA
ISM
N/A
25-1254420
salesinquinesf
& Stone
21st fir
carmeuse.com
Bid Number: 20-21 B Vendor Name: Carmeuse Lime & Stone
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087. Florida
Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and
service are received by the State or by any political subdivision for the procurement of Commodities or Contractual services, a bid received from a business that certifies that it has
implemented a drug -free workplace program 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 workplace program, 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.
1. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).
3. 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 Contendere 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 than five (5) days after each Conviction.
4. 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.
5. 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.
I Hereby Acknowledge the Drug Free Infornatlon Above and Wit Abide by Everything Outlined In this Section'
r. Yes
r No
BIDDER'S QUALIFICATION STATEMENT
8 Vendor Is
operating
Have you
Have you
under
ever been
ever
Fictitious
debarred or
Are you
Are you
Has your
Are you a
received a
Name,
Underwhat former
suspended
Certified? If
Licensed? tt
company
Sales
contract ora
Line
How many years has your organization
eviden
name(s)has your
from doing
Yes, attach
eh
ever
eyes,
Representatl
purchase
Item
been in business under its present
evidence of
business operated? Also
businessYea
copy of
copy of
copy of
declared
evplaln:'
ve of the
name?'
compliance
with
Certification
License to
bankruptcy?
commodities
the City
theca of
with Florida
of that business
of that business (if any).'
govemment
government
to Package'
Package
/services bid
Tamarac or
Fictitious
alentityTlf
upon?'
other
Name
Yes,
government
Statute:
Explain
at entity?'
1
160
None
None
No
r: Yes
r Yes
r Yes
N/A
Manuleckirer
R Yes
r No
r: No
r. No
r No
Bid Number: 20-21 B Vendor Name: Carmeuse Lime & Stone
Scrutinized Companies and Boycott of Israel
I certify that my company will not:
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the .Scrutinized Companies with Activities In the Iran Petroleum Energy Sector List; and
5. Has not engaged in business operations In Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the
false certification. The Contractor shall have ninety (90) days following recalipt of the notice to respond in writing and demonstrate that the detemrination of false certification was
made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to flodds Statute§ 287.135. Section 287.135, Florida Statutes, prohibits the City from:
1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract lithe company is
on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged In a boycott of Israel; and
2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list,
created pursuant to s. 216.473, or am engaged in business operations in Syria.
As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any
boycott of Israel, Is not listed on the Scrutinized Companies that Boycott Israel List, Is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy
Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject
the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if
the company is found to have submitted a false certification or has been placed oin the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List.
I Hereby Acknowledge the Scrutinized Companies—287.135 and 215A73 Information Below and Will Abide by Everything Outlined in this Section'
R Yes
r No
By execution of this Agreement, Contractor certifies that the Contractor Is not participating In a boycott of Israel. The Contractor further certifies that Contractor is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities In Sudan List, and not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has the Contractor been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not
contract for the provision of goods or services with any scrutinized company refered to above. Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the CiVs determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the
notice to respond in writing and demonstrate that the determination of false certification was made in ermr. If the Contractor does not demonstrate that the Cilys determination of
false certification was made in eror then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
Firm's Primary Ownership
Which fthe fallowing
Which ofthe following best
If Other Please
Line
bestdescribesthegender
describes the ethnicity, of your fine s
Please select the current certification your firm
Indicate the agency or agencies that
Enter Information
I'm
aiyour firm's primary
primary owner(at least 51%
holds:('NOTE Proof of Certification must be
have granted the certification to your
Here:(O NONE
owner (at least 51
ownershi p)'�
included in Document Upload Section)
firm:'
Enter the word
ownership):`
"NONE")
1INC
Applicable
Cauessla w tte
None
Other
None
APPENDIXA - PART 1 - CONTRACTOR PASS REQUEST CONTACT INFORMATION
Vendor Name •
Vendor Address•
Vendor Contact Name:•
VandorContact Telephone No.
Walpole
269 NW 9th St, Okeechobee,
FL 34972
John Cincotta
813-623-1702
WA
INIA
I N/A
N/A
APPENDIX A -PART 2 -- CONTRACTOR PASS REQUEST - LIST OF CONTRACTOR EMPLOYEES REQUIRING ACCESS TO FACILITIES
Name • Work to Be Performed `
Walpole ilDelivery of Lime
References
REFERENCES
Please list government agencies and/or private firms with whom you have done business during the last five years:
Line Item
Company Name•
Legal Address'
Contact Name'
Phone Number'
Email Add.
1
Miami Dade Water
111 NW 1st Street, Miami, FL
Hermon Ramsey
305-375-2B51
Unknown
33128
2
City of Boca Raton
201 West Palmetto Park Rd,
Sean Seaton
561-338-7324
Unknown
Roca Raton, FL 33432
3
Tempe Bay Water
2575 Enterprise Rd, Clearwater,
Ken Enbw,
B13£2"708 a 239
Unknown
FL 33763
4
C8y of Hollywood
3441 Ho%soxxi Blvd,
Ralph Dierks
954-921-3223
Unrusai
Hollywood, FL 33020
5
City of Palen Bay, FL
1103 Trouhnan Blvd NE
Susan Blair
321-952-3424 W. a229
Unknown
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
Documents
It Is your responsibility to make sure the uploaded file(s) istare not defective or corrupted and are able to be opened and viewed by the Owner. If the attached file(s) cannot be
opened or viewed, your Bid Call Document may be rejected.
• Non -Collusive Affidavit& Acknowledgement Non -Collusive Affidavit - NON -COLLUSIVE AFFIDAVIT -signed.pdf- Friday August 21, 202014.32:08
• Certified Resolution - Camieuse Lime & Stone Inc Officers and Directors Resolution 2019 FINAL.pdf - Tuesday August 18, 2020 11:20:59
• Cort ficate of Insurance Proof of Compliance With Reoulneme= - City of Hollywood COI.pdf - Tuesday August 18, 2020 1124:58
• W9 Form - W-9 Carmeuse Lime & Stone Inc.pdf - Tuesday August 18, 2020 11:21:23
- Vendor NanatNe.pdf- Friday August 21, 2020 14:37:18
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
Addenda, Terms and Conditions
B. STANDARD TERMS & CONDITIONS
These standard terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders Including but not limited to Request for Quotes, Request for Bids
and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Proposers. Any and all special
conditions in this ITB or any sample agreement document that may be in variance or conflict with these Standard Terns and Conditions shall have precedence over these
Standard Terms and Conditions. If no changes or deletions to Standard Terms and Conditions are made in any Special Conditions which may be centained herein, or In the
Scope of Work, then the Standard Terms and Conditions shall prevail in their entirety.
1. PERFORMANCE
Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the Bid shall he just cause for cancellation of the Bid award;
notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder,
terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance.
2. CONDITIONS OF MATERIALS
All materials and products supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and
consistent with Industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be
defective or do not conform to the spectficetions, the City reserves the right to return the product to the Bidder at no cost to the City.
Successful Bidder shall fumish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final
acceptance of the product.
3. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this Bid. The
seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation.
4. SAFETYSTANDARDS
The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended,
and shall be in compliance with Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS).
5. INSPECTION
The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these
specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the
successful vendor.
TERMINATION
a. DEFAULT: 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 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.
b. TERMINATION FOR CONVENIENCE OF CITY: Notwithstanding any additional requirements for perfornance based contracting contained in the special conditions
herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor 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.
c. FUNDING OUT: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.
7. ASSIGNMENT
The Bidder shall not transfer or assign the performance required by this Bid without the prior written consent of the City. Any award Issued pursuant to this Bid and monies that
may become due hereunder am not assignable except with prior written approval of the City. For purposes of this Agreement, any change of ownership of the proposer shall
constitute an assignment which requires City approval. However, this Agreement shall ran to the benefit of the City and its successors and assigns.
8. EMPLOYEES
Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable
employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to
the City for the acts and omissions of all employees working under its directions.
9. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The
Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex Including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions
must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its
employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further
agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause.
10. INSURANCE REQUIREMENTS
Bidder agrees to, In the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted
during the term of this agreement that are applicable to Contractor, Its employees, agents, or subcontractors, If any, with respect to the work and services described herein.
Bidder shall obtain at Bidders expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this
Agreement. Proposer shall maintain such insurance in full force and effect during the life of this Agreement. Proposer shall provide to the Citys Risk & Safety Officer certificates of
all insurance required under this section prior to beginning any work under this Agreement. Proposer shall indemnify and save the City harmless from any damage resulting to it for
Bid Number: 20-21 B Vendor Name: Carmeuse Lime & Stone
failure of either Proposer or any subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of Insurance coverage, which the Proposer agrees to maintain during the term of this contract
• General Liability -$1M per occ./$2M aggregate
• Automobile —$1M per occ./$11M aggregate
• Workers Comp —Statutory
The City reserves the right to require higher limits depending upon the scope of work under this Agreement
Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with
evidence of such coverage In the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will
maintain the necessary coverage throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business In Florida. Policies shall be °Occurrence° form. Each caller will
give the City sixty (60) days notice prior to cancellation.
The Bidders liability Insurance policies shall be endorsed to add the City of Tamarac as an 'additional insured'. The Bidders Workers Compensation carrier will provide a Waiver
of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions.
The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder Is to provide professional services. The City
reserves the right to request the successful Bidder to provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence
and in the aggregate. "Claims -Made" fortes are acceptable for Professional Liability insurance in the event that the successful Proposer provides professional services as agreed
upon with City.
Contractor shall at a minimum, provide the level of coverage provided as stated in Section 10 "Insurance" of the Standard Terms and Conditions herein of this Agreement to any
other organization in the Southeast Florida Governmental Purchasing Cooperative, and shall provide those agencies with their own Certificate of Insurance to validate coverage
for theirentity. Insurance coverage for other agencies within the Co-op shall apply only to those agencies individually.
11. INDEMNIFICATION
The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages. liability, and
expenses (including attomeys' 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 Proposer or his Subcontractors, agents, officers, employees 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 of Tamarac or Its elected or
appointed officials and employees. 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. Nothing contained herein is intended nor shall it be construed to waive Citys fights and
immunities under the common law or Florida Statute 76828 as amended from time to time.
12. INDEPENDENT CONTRACTOR
An Agreement resulting from this solicitation 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
Slate Workers Compensation Act, and the Stale Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means
of carrying out Contractors activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potential
Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United Slates policies, rules or regulations relating to the use of
Contractors 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. Any potential 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.
13. SCRUTINIZED COMPANIES F.S. 287.135 and 215.473
Bidder must certify that the company is not participating in a boycott of Israel. Bidder must also certify that Bidder is not on the Scrutinized Companies that Soycod Israel list, not
on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Imn Petroleum Energy Sector List or has been engaged in
business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized
company referred to above. Bidder must submit the certification that Is attached to this contract. Submitting a false certification shall be deemed a material breach of contract The
City shall provide notice, in writing, to the Bidder of the Chys determination concerning the false certification. The Bidder shall have five (5) days from recelpt of notice to refute the
false certification allegation. If such false certification Is discovered during the active contract term, the Bidder shall have ninety (90) days following receipt of the notice to respond
In writing and demonstrate that the determination of false certification was made In error. If the Bidder does not demonstrate that the CIVs determination of false certification was
made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
14. RECORDS/AUDrFS
14.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The successful Bidder shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
14.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City In order to perform the service;
14.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that
provided in chapter 119, Fla. Stat., or as otherwise provided by law;
14.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and
14.1A Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt All records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the agency. The failure of Contractor to comply with the provisions set forth In this Article shall constitute a Default and Breach of this
Agreement and the City shall enforce any available contract remedies in force including termination of the Agreement.
14.2 During the term of the contract, the successful Bidder shall maintain all books, reports and records in accordance with generally accepted accounting practices and
standards for records directly related to this contract. The form of all records and reports shall he subject to the approval of the City's Auditor. The successful Bidder agrees to
make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this
Bid Number: 20-21 B Vendor Name: Carmeuse Lime & Stone
contract.
15. UNBALANCED BIDS
When a unit Dice Bid has variable or estimated quantities, and the Bid shows evidence of unbalanced Bid pricing, such Bid may be rejected.
16. UNIT PRICES
Where a discrepancy between unit price and total price is indicated on a Proposers submitted Schedule of Bid Prices or Price Bid Form, the unit prices shall prevall.
17. VENUE
Any Agreement resulting from this solicitation 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.
18. CUSTODIAN OF RECORDS
IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88l AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597.3505
CITYC LERK(&TAMARAC.ORG
Remainder of Page Intentionally Blank
P We(]), the undersigned, hereby agree to furnish the item(s)/semice(s) described in the Request of Quotation. We (1) certify that we(I) have read the entire document, including
the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of
the requirements of the entire Request for Quotation - Jeff McElhinny, Inside Sales Representative, Canneuse Lime & Stone
The bidder shall declare any potential conflict of interest that could arise from bidding
on this bid. Do you have a potential conflict of interest? r Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document
Please check the box In the column "I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and pages
attachments (if
appiicabie)
There have not been any addenda issued for this bid.
Bid Number: 20-21 B Vendor Name: Carmeuse Lime & Stone
Bid Number: 20-21 B Vendor Name: Carmeuse Lime & Stone
INVITATION TO BID
TAMARAC
The City For Your Life
20-21 B
Furnish, Deliver and Discharge of Quicklime
Publish Date:
08/12/2020
Pre -Bid Conference:
None Required
All Questions Due:
08/20/2020 by 5:00 PM
Bid Due and Bid Opening Date:
08/31/2020 at 3:00 PM
Where to Deliver Bid
Online At:
https://tamarac.bidsandtenders.org
For
Public Services Department
and
The Southeast Florida Governmental Purchasing Cooperative
City of Tamarac
TAM�•C
The City For Your Life
INSTRUCTIONS TO BIDDERS &
STANDARD TERMS AND CONDITIONS
20-21 B
FURNISH, DELIVER AND DISCHARGE OF
QUICKLIME
OUR VISION & MISSION
Our Vision: The City of Tamarac, our community of choice
-- leading the nation in quality of life through safe
neighborhoods, a vibrant economy, exceptional customer
service and recognized excellence.
Our Mission: We Are "Committed to Excellence. . .
Always" It is our job to foster and create an environment
that
Responds to the Customer
Creates and Innovates
Works as a Team
Achieves Results, and
Makes a Difference
In the fulfillment of our vision and mission, as stewards of
the public trust, we value vision, integrity, efficiency and
quality service.
Our vendors are truly partners in meeting these
commitments to the community, and in support of that
vision and mission, we are committed to ensuring that
qualified, competitive vendors who share our commitment
to quality, efficiency, teamwork and customer service are
employed to provide goods and services to the City. Our
vendors are expected to deliver high quality products and
efficient service that is provided on time and as ordered; in
a manner that improves the overall value of the services
that the City provides to its residents. In addition, we
expect our vendors to work with the City as a team and
exhibit the highest level of integrity when dealing with any
office or department of the City.
Diligence in the execution of the requirements of this
proposal will ultimately contribute to the overall quality of
services provided to the entire community. The City is
searching for a firm who will exemplify these ideals in the
execution of their work, and the successful firm will be
measured against the performance standards outlined in
this bid invitation.
Purchasing and Contracts Division
A. INSTRUCTIONS TO BIDDERS
1. INTRODUCTION & AUTHORITY
It is the intent of the City to award to the most responsible
and responsive Responding fine. The City reserves the
right to accept or reject any or all responses and to waive
any informality concerning the responses when such
rejection or waiver is deemed to be in the best interest of
the City. The City reserves the right to award the response
on a split order basis, lump sum or Individual item basis
unless otherwise stated, whichever is in the best interest
of the City.
This solicitation is issued pursuant to the City of Tamarac
Code, Chapter 6, "Finance & Taxation", Article V,
"Purchasing Procedures", Section 6-141 et seq.
2. TYPES OF SOLICITATIONS ISSUED BY THE CITY
Anytime the City releases a new solicitation it will contain a
suffix of one of the following types:
B = Invitation for Bid (ITB)
R = INVITATION TO BID(ITB)
L = Letter of interest (LOI)
Q = Request for Qualifications (RFQ)
RB = Re -Bid
RP = Re -Proposal
FQ = Formal Quotation (RFFQ)
IQ = Informal Quotation (RFIQ)
HQ = Housing Quotation (RFHQ)
This prefix/suffix will determine what type of solicitation the
City will be utilizing.
3. DEFINED TERMS
3.1 "Addenda" — Written or graphic instruments
issued prior to the opening of Solicitations
which clarify, correct, or change the solicitation
requirements or the contract document.
3.2 "Agreement' — The written agreement
between the City and the Contractor covering
the Work to be performed including other
Contract Documents that are attached to the
Agreement and made a part thereof.
3.3 "City" - the City of Tamarac, a municipal
corporation of the State of Florida.
ACCESSIBILITY
3.4 "Contract Administrator" — The
The information contained in this document is available in Department's Director, or some other
an accessible format at: employee expressly designated as Contract
httns://tamarac.bidsandtenders.oralModulefrenders/en. Administrator in wrifing by the Director, who
is the representative of the Board
concerning the Contract Documents.
IFB 20-218— Furnish, Delivery & Discharge of Quicklime
TA�MAAR,AC�
City of Tamarac The City' Far Your) purchasing and Contracts Division
3.5 "Contract Documents" — The contract documents consist of this AghRYl fr d&MOA 6P9&t;# tYAgt3@fi , Supplement
supplements, Change Orders and Work City to terminate the contract under the
directive changes issued on or after the standard terms and conditions which govern
effective date of the Contract. These contract termination.
contract documents form the Agreement,
and all are as fully a part of the Agreement if
attached to this Agreement or repeated
therein.
3.6 "Contractor" - the individual(s) or firm(s) to
whom the award is made and who executes
the Contract Documents.
3.7 "Coop" or "Cooperative" — The
Southeast Florida Governmental Purchasing
Cooperative.
3.8 "On-line e-procurement system" or "a -
procurement system" — The City of
Tamaracs solicitation management partner
"bidsandtendersTM"
3.9 "bidsandtendersTM" — The City of
Tamarac's on-line solicitation management
partner and the e-procurement system used
by the City. The terms "on-line e-
procurement system and
"bidsandtendersTM" may be used
interchangeably herein.
3.10 "Notice to Proceed" — A written notice
given by the City to the Contractor fixing the
date on which the Contract Time will
commence to run and on which the
Contractor shall start to perform the
Contractors obligations under the Contract
Documents.
3.11 "Performance Based Contract" -- A
contracting model whereby satisfactory
performance under the contract, will result in
the City s exclusive use of the contractor for
all contractual purchases for the full period
specified as the contract term for the
individual services as awarded.
Unsatisfactory performance by the
contractor shall result in the contractors loss
of exclusivity. If, in the sole judgment of the
City, the contractor is not providing
satisfactory service, the exclusive
contractual relationship between the City
and the contractor may be terminated,
without penalty, by the City at any time after
it has purchased the guaranteed volume of
goods or services as specified in the Special
Conditions and/or the Scope of Work. The
principle of Performance Based Contracting,
3.12 "Project" — the total scope of work for
which the Contractor is responsible under
this agreement, including all labor,
materials, equipment and transportation
used or incorporated in such performance of
contract work.
3.13 "Project Manager" — The City's authorized
project representative who is responsible for
the full scope of project management tasks
including authorizing and monitoring the
work of consultants, vendors, and field staff
of assigned projects. The Project Manager
also is responsible to ensure successful
completion of projects.
3.14 "Request for Proposals (ITB)" — A
Request for Proposals (ITB) is a method of
procurement permitting discussions with
responsible respondents and revisions to
proposals prior to award of a contract.
Proposals will be opened in private. Award
may be made based on the responses
based on the criteria set forth herein.
3.15 "Respondent/Offeror/Proposer" - one
who submits a Proposal in response to a
solicitation, as distinct from a Sub -
Respondent, who submits a Proposal to the
Offeror.
3.16 "Response Documents/Proposal" - the
Request for Qualifications, Instructions to
Offerors, Respondent's Qualifications
Statement, Non -Collusive Affidavit, Certified
Resolution, Vendor Drug -Free Workplace,
Respondents Proposal, Proposal Security
and Specifications, if any, and the proposed
Contract Documents (including all Addenda
issued prior to opening of Proposals).
3.17 "Specifications" — Those portions of the
Contract Documents consisting of written
technical descriptions of materials,
equipment, standards and workmanship as
applied to the work and certain
administrative details applicable thereto.
3.18 "Subcontractor" — An individual, firm or
corporation having a direct Contract with the
Contractor or with any other Subcontractor
for the performance of a part of any work.
3.19 "Successful Offeror/Respondent" - the
IFB 20-218 — Furnish, Delivery & Discharge of Quicklime
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
qualified, responsible and responsive
this proposal document prior to the response
Offeror/Respondent to whom City (on the
opening date indicated by written addenda. Written
basis of City's evaluation as hereinafter
addenda shall serve as the sole means of
provided) makes an award.
clarification. The City shall not be responsible for
oral interpretations given by any City employee or
3.20 "Supplier" — A manufacturer, fabricator,
its representative.
supplier, distributor, materialman or vendor.
4.5 "•' SPECIAL NOTE — Addendums will only
3.21 "Term Contract" — A requirements
be issued electronically through the Citys web -site.
agreement by which a specific good or
Vendors will be notified of the availability of new
service may be obtained from a vendor at a
solicitations and addendums via e-mail (per the
specific price for a speck timeframe.
vendors selected commodity choice).
3.22 "Unit Price Work" — Work to be paid for on
It is essential that all vendors receiving a bid or
the basis of unit prices.
proposal download the document from the City's
web -site.
3.23 "Work" — The entire completed scope of
All responding firms must visit
work or the various separately identifiable
httos://tamarac.bidsandtenders.orc/ to download
parts thereof required to be provided under
response documents. Responders must create a
the Contract Documents. Work is the result
New Account with the City's solicitation distribution
of performing services, specifically, including
partner, bids&tenders"", and must select the
but not limited to furnishing labor,
commodity codes for which they wish to be notified.
documentation, equipment and materials
Upon selection of commodity codes and the
used or incorporated in the construction of
completion of registration, responders will receive
the entire Contract Documents. The words
electronic e-mail notifications any time new
"Project" and ' Work' are used
solicitations are uploaded for the specific
interchangeably.
commodity codes selected. The notifications will
provide vendors a link, allowing the vendor to
3.24 "Written Amendment' — A written
download the package and receive all new
amendment of the Contract Documents,
addendums released by the City for that
signed by the CITY and the Contractor on or
solicitation. It is the Contractors responsibility to
after the Effective Date of the Agreement
select the correct Commodity Code associated with
what type of items or services they can provide to
and normally dealing with non -technical
the City.
aspects rather than strictly work related
aspects of the Contract Documents.
Upon completion of the registration process, a
confirming e-mail will be sent to the individual who
4. CLARIFICATION & ADDENDA
registered. Addendums will be uploaded to the
City's website but regardless of the means of
4.1 Where there appears to be variances or conflicts
transmission of an Addendum it is the responsibility
between the General Terms and Conditions and
of the bidder or proposer to ensure that they have
the Special Conditions and/or Scope of Work
received all addendums issued for a solicitation
outlined in this document, the Special Conditions
prior to submitting a response. Offerors shall be
and/or the Scope of Work shall prevail.
solely responsible for maintaining accurate contact
data with the Responses and Tenders. The City
4.2 The responding firm shall examine all response
shall under no circumstances be responsible for
documents and shall judge all matters relating to
and errors or omissions in vendors contact
the adequacy and accuracy of such documents. If,
information on file with. Updates to contact
upon review, any material errors in specifications
information may be requested by contacting Bids
are found, the Responding firm shall contact the
and Tenders at supportfalibidsani tenders.org.
Purchasing & Contracts Division Office
5. SUBMISSION OF THE BID
immediately.
The Responding firm is directed to submit all bids
online at
4.3 Any inquiries, suggestions, requests concerning
https://tmarac.bidsandtenders.orci/Module[Tenders/e
clarification, or requests for additional information
n no later than the date and time specified on the
shall be submitted online at
cover page of this solicitation document. Bids will not
https://tamarac.bidsandtenders.om .
be considered and cannot be entered online after the
above referenced closing date. The City will not be
4.4 The City of Tamarac reserves the right to amend
responsible for a late bid as a result of the vendor's
IFB 20-2fB — Furnish, Delivery & Discharge of Quicklime
TAMARAC
City of Tamarac` Purchasing and Contracts Division
The City For Your Life
inability to respond and upload their bid response in a
timely manner.
It is the Responding firm's responsibility to read and
understand the requirements of this bid request.
Unless otherwise specified, the Responding firm must
use the bid form located online for Invitation for Bid
document. All bids shall be submitted in the English
language. All prices, terms and conditions bid in the
submitted response shall be expressed in U.S.
Dollars, and will be firm for acceptance for ninety (90)
calendar days from the date of the bid opening unless
otherwise stated by the City.
The Responding firm preparing a bid in response to
this solicitation shall bear all expenses associated
with its preparation. The Responding firm shall
prepare a bid with the understanding that no claim for
reimbursement shall be submitted to the City for
expenses related to its preparation.
6. MODIFICATION AND WITHDRAWAL OF BID
6.1 Bids may be modified or withdrawn by a duly
executed document signed by a corporate officer or
other employee with designated signature
authority. Evidence of such authority must
accompany the request for withdrawal or
modification. The request must be delivered to the
Purchasing and Contracts Division Office at any
time prior to the deadline for submitting Bids, and
may be alternatively completed on-line at
httos://tamamc.bidsandtenders.orc/Mod ulel-render
s/en. Withdrawal of a Bid will not prejudice the
rights of an Offeror to submit a new Bid prior to the
Bid opening date and time.
6.2 If, within twenty-four (24) hours after Bids are
opened, any Offeror files a duly signed, written
notice with the Purchasing Office, and within five
(5) calendar days thereafter demonstrates to the
reasonable satisfaction of City, by clear and
convincing evidence, that there was a material and
substantial mistake in the preparation of its Bid, or
that the mistake is clearly evident on the face of the
Bid, but the intended correct Bid is not similarly
evident, Offeror may withdraw Its Bid and any bid
security will be returned. Thereafter, the Offeror
may be disqualified from further bidding on the
subject Contract.
7. REJECTION OF BIDS
7.1 To the extent permitted by applicable state and
federal laws and regulations, City reserves the right
to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in
the work with the Successful Offeror, and to
disregard all nonconforming, non -responsive,
unbalanced or conditional Bids. Bids will be
considered irregular and may be rejected if they
show serious omissions, alterations in forth,
additions not called for, conditions or unauthorized
alterations, or irregularities of any kind
7.2 City reserves the right to reject the Bid of any
Offeror if City believes that it would not be in its
best interest to make an award to that Offeror,
whether because the Bid is not responsive, the
Offeror is unqualified, of doubtful financial ability, or
fails to meet any other pertinent criteria established
by City within the scope of the solicitation.
8. OMISSION OF DETAILS
8.1 The apparent silence of the requirements as to any
detail, or the apparent omission of a detailed
description concerning any point, shall be regarded
as meaning that only the best commercial practice
is to prevail, and that only material and
workmanship of the finest quality is to be used. All
interpretations of the specifications shall be made
on the basis of this statement. Omission of any
essential details from these specifications will not
relieve the Proposer of supplying such services or
product(s) as specified.
8.2 For the purpose of evaluation, the Respondent
must indicate any variance or exceptions to the
stated requirements, no matter how slight.
Deviations should be explained in detail. Absence
of variations and/or corrections will be interpreted to
mean that the Offeror meets all the requirements in
every respect.
9. NON -COLLUSIVE AFFIDAVIT
Each Offeror shall complete the Non -Collusive Affidavit Form
and shall submit this forth with the response/Bid. The City
considers the failure of the Offeror to submit this document
to be a major irregularity, and may be cause for rejection of
the response
10. CONFLICT OF INTEREST
The award hereunder is subject to the provisions of Chapter
112 of the State of Florida Statutes. Responding firths shall
disclose the name of any officer, director, partner, proprietor,
associate or agent who is also a public officer or employee of
the City or any of its agencies.
11. QUANTITIES
Any quantities which may be shown herein, as applicable,
are estimates only. No guarantee or warranty is given or
implied by the City as to the total amount that may or may
not be purchased from any resulting contract. The City
reserves the right to decrease or increase quantities or add
or delete any item from the contract if it is determined that it
best serves the interests of the City.
IFB 20-21B — Fumish, Delivery & Discharge of Quicklime
City of Tamarac
12. DELIVERY
TAM�AR�AC
The City For Your Life
All items shall be delivered F.O.B. destination to an address
specked by the using agency. All delivery costs and charges
must be included in the Bid price. The City reserves the right
to cancel orders or any part thereof, without obligation if
delivery is not made at the time specified in the Bid.
13. SAMPLES AND DEMONSTRATIONS
When requested, samples are to be furnished free of charge
to the City. If a sample is requested, it must be delivered
within seven days of the request unless otherwise stated in
the Bid. Each sample must be marked with the Proposer's
name and manufacture's brand name. The City will not be
responsible for returning samples. The City may request a
full demonstration of any product or service before the award
of a contract. All demonstrations will be done at the expense
of the Proposer.
14. PRICES, PAYMENTS, DISCOUNTS &
ELECTRONIC PAYMENTS
Firm Pricing: Any pricing provided shall be fixed and firth to
the extent required under Special Conditions. In the absence
of a reference in the Special Conditions, pricing submitted
shall be fixed and firth for a period of ninety (90) calendar
days including when the contract must be approved by
another agency. Payment will be made only after receipt and
acceptance of materials/services. Cash discounts may be
offered for prompt payment; however, such discounts shall
not be considered in determining the lowest net cost for
response evaluation.
Prompt Payment Discounts: Offerors are encouraged to
provide prompt payment terms. If no payment discount is
offered, the Offeror shall enter zero (0) for the percentage
discount to indicate net 30 days. If the Offeror does not enter
a percentage discount, it is understood and agreed that the
payment terms shall be two percent (2%) ten (10) days, net
thirty (30) days effective on the date that the City receives an
accurate invoice or accepts the product, whichever is the
later date. Payment is deemed made on the date of the
mailing of the check. All payments shall be governed by the
Local Government Prompt Payment Act, F.S. Chapter 218.
(See link for more information)
******"***""*""*IMPORTANT NOTE•'"*•"'•"*""*'*"*`"*
Payments by Electronic Funds Transfer. ALL payments by
the City will be made by Direct Deposit (ACH) via electronic
funds transfer. Vendors must register for direct deposit with
the City prior to receiving any payments by providing a "City
of Tamarac Consent for Direct Deposit" form (ACH Forth) to
the City's Financial Services Accounting Division. The forth
may be accessed on the City of Tamarac web -site at
httos://tamaTac.seamlessdoes.com/f/DirectDeposit .
Purchasing and contracts Division
Please contact the Purchasing & Contracts Division at the
number shown on this solicitation document herein as the
first point of contact for more information.
15. TAXES
The City of Tamarac is exempt from all Federal, State, and
Local taxes. An exemption certificate will be provided where
applicable upon request.
16. RESPONSE TABULATION
After the response time has closed, and after review by the
Evaluation Committee, a tabulation of points awarded to
each response will be posted online at:
httos://tamarac.bidsandtenders.orq. Offerors will be able to
download the tabulation at the link provided directly above.
The City may or may not notify unsuccessful Responding
firms of contract awards.
Pursuant to Florida Statute Chapter 119, Section 7(m),
sealed responses and quotations or Bids received by an
agency pursuant to invitations for bid or requests for Bids are
exempt from the provisions of subsection (1) and s. 24(a),
Art. I of the State Constitution until such time as the agency
provides notice of a decision or intended decision pursuant
to F.S. §120.57(3) (a), or within 30 days after bid/proposal
opening, whichever is earlier.
17. FORM AGREEMENT DOCUMENT
The City may attach as a part of this solicitation, a Form
Agreement document. Proposers shall be responsible for
complying with all of the terms and conditions of the Form
Agreement document if included herein, except where
variant or conflicting language may be included in any
Special Conditions contained herein. Proposers shall note
any deviation or variance with the Form Agreement
document at the time of bid submission.
18. OTHER GOVERNMENTAL ENTITIES
This bid is issued on behalf of members of the Southeast
Florida Governmental Purchasing Cooperative. Only those
agencies listed in this document will be eligible to participate
in this contract. Contractor shall provide insurance to each
agency based on the requirements listed herein at a
minimum. Each agency will be responsible for coordinating
their own orders, and the City will not be a party to any
dispute between Contractor and any other agency besides
the City.
19. UNBALANCED RESPONSES
When a unit price proposed has variable or estimated
IFS 20-21 B — Fumish, Delivery & Discharge of Quicklime
City of Tamarac
TAMrziQ.0
The City For Your Life
quantities, and the response shows evidence of unbalanced
pricing, the City reserves the right to reject such response.
20. INFORMATION REQUESTS AFTER DUE DATE
Pursuant to Florida Statute Chapter 119, Section 071(1),
sealed bids or proposals received by an agency pursuant to
invitations to bid or requests for proposals are exempt from
the provisions of subsection (1) and s. 24(a), Art. I of the
State Constitution until such time as the agency provides
notice of a decision or intended decision pursuant to F.S.
§119.071(1) (b) (2), or within 30 days after bid/proposal
opening, whichever is earlier.
21. BUDGETARY CONSTRAINTS
In the event the City is required to reduce contract costs due
to budgetary constraints, all services specified in this
document may be subject to a permanent or temporary
reduction in budget. In such an event, the total cost for the
affected service shall be reduced as required. The
Contractor shall also be provided with a minimum 30day
notice prior to any such reduction in budget.
22. CONTINGENT FEES PROHIBITED
The Offeror must warrant that it has not employed or
retained a company or person, other than a bona fide
employee, contractor or subcontractor, working in its employ,
to solicit or secure a contract with the City, and that it has not
paid or agreed to pay any person, company, corporation,
individual or firm other than a bona fide employee, contractor
or sub -consultant, working in its employ, any fee,
commission, percentage, gift or other consideration
contingent upon or resulting from the award or making of a
contract with the City.
23. PROHIBITION AGAINST LOBBYING
During the solicitation of any bid or proposal, any firm and its
agents, officers or employees who intend to submit, or who
have submitted, bids or proposals shall not lobby, either
individually or collectively, any City Commission members,
candidates for City Commission or any employee of the City.
23.1 Contact should only be made through regularly
scheduled Commission meetings, or meetings
scheduled through the Purchasing and Contracts
Division for purposes of obtaining additional or
clarifying information. Any action, including meals,
invitations, gifts or gratuities by a submitting firm, its
officers, agents, or employees shall be within the
purview of this prohibition and shall result in the
immediate disqualification of that firm from further
consideration.
Purchasing and Contracts Division
23.2 During a formal solicitation process, contact with
personnel of the City of Tamarac other than the
Purchasing and Contracts Manager or designated
representative regarding any such solicitation may
be grounds for elimination from the selection
process. (Reference: Tamarac Procurement Code
Section 6-156.)
24. PROTESTS
Any actual or prospective bidder, offeror, or contractor who is
aggrieved in connection with the solicitation or award of a
contract may protest to the purchasing and contracts
manager. The protest shall be submitted in writing within five
(5) business days after such aggrieved person knows or
should have known of the facts giving rise thereto and shall
be submitted with the procedures outlined in section 6-154
"Appeals and remedies" of he Tamarac procurement code,
available at the following link:
https://www.munioode.com/library/fVtamaractcodestcode oho
rdinances?nodeld=PTIICO CH6FITA ARTVTAPRCO
25. WITHDRAWAL OF BID
Any Responding firm may withdraw its Bid prior to the
indicated opening time. The request for withdrawal must
be completed online at
httos://tamarae.bidsa ndtenders.ora/Mod ulerFenders/en
This must be requested prior to the Bid opening date and
time.
26. BACKGROUND INVESTIGATION
As a part of the Bid evaluation process, the City may conduct
a background investigation including a criminal record check
of Proposers officers and/or employees, by the Broward
County Sheriffs Office. Proposers submission of a Bid
constitutes acknowledgement of and consent to such
investigation. City shall be the sole judge in determining
Proposers qualifications.
Remainder of Page Intentionally Blank
IFB 20-21B — Famish, Delivery & Discharge of
rr,y c/
.0N C
The City For Your Life
B. STANDARD TERMS &
CONDITIONS
These standard terms and conditions apply to all offers
made to the City of Tamarac by all prospective Bidders
including but not limited to Request for Quotes, Request for
Bids and Request for Proposals. As such the words 'bid"
and "proposal' are used interchangeably in reference to all
offers submitted by prospective Proposers. Any and all
special conditions in this ITB or any sample agreement
document that may be in variance or conflict with these
Standard Terns and Conditions shall have precedence over
these Standard Terms and Conditions. If no changes or
deletions to Standard Terms and Conditions are made in any
Special Conditions which may be contained herein, or in the
Scope of Work, then the Standard Terms and Conditions
shall prevail in their entirety.
PERFORMANCE
Failure on the part of the Bidder to comply with the
conditions, terms, specifications and requirements of the Bid
shall be just cause for cancellation of the Bid award;
notwithstanding any additional requirements enumerated in
the Special conditions herein relating to performance based
contracting. The City may, by written notice to the Bidder,
terminate the contract for failure to perform. The date of
termination shall be stated in the notice. The City shall be the
sole judge of nonperformance.
2. CONDITIONS OF MATERIALS
All materials and products supplied by the Bidder in
conjunction with this Bid shall be new, warranted for their
merchantability, fit for a particular purpose, free from defects
and consistent with industry standards. The products shall
be delivered to the City in excellent condition. in the event
that any of the products supplied to the City are found to be
defective or do not conform to the specifications, the City
reserves the right to return the product to the Bidder at no
cost to the City.
Successful Bidder shall furnish all guarantees and warranties
to the Purchasing Division prior to final acceptance and
payment. The warranty period shall commence upon final
acceptance of the product.
3. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of
copyrights or patent rights in manufacturing, producing or
selling the goods shipped or ordered as a result of this Bid.
Purchasing and Contracts Division
The seller agrees to hold the City harmless from all liability,
loss or expense occasioned by any such violation.
4. SAFETY STANDARDS
The Bidder warrants that the product(s) supplied to the City
conform with all respects to the standards set forth in the
Occupational Safety and Health Act of 1970 as amended,
and shall be in compliance with Chapter 442, Florida
Statutes as well as any industry standards, if applicable.
Any toxic substance listed in Section 38F-41.03 of the
Florida Administrative Code delivered as a result of this
order must be accompanied by a completed Material Safety
Data Sheet (MSDS).
S. INSPECTION
The City shall have the right to inspect any materials,
components, equipment, supplies, services or completed
work specified herein. Any of said items not complying with
these specifications are subject to rejection at the option of
the City. Any items rejected shall be removed from the
premises of the City and/or replaced at the entire expense of
the successful vendor.
6. TERMINATION
a. DEFAULT: 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 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.
b. TERMINATION FOR CONVENIENCE OF CITY:
Notwithstanding any additional requirements for
performance based contracting contained in the
special conditions herein, the final Agreement
may be terminated by the City for convenience,
upon seven (7) days of written notice by the City
to the Contractor 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.
lFB 20-21B— Furnish, Delivery 6 Discharge of Quicklime
City of Tamarac
TAM�RAC
The City For Your Life
c. FUNDING OUT:
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.
7. ASSIGNMENT
The Bidder shall not transfer or assign the performance
required by this Bid without the prior written consent of the
City. Any award issued pursuant to this Bid and monies that
may become due hereunder are not assignable except with
prior written approval of the City. For purposes of this
Agreement, any change of ownership of the proposer shall
constitute an assignment which requires City approval.
However, this Agreement shall run to the benefit of the City
and its successors and assigns.
8. EMPLOYEES
Employees of the Bidder shall at all times be under its sole
direction and not an employee or agent of the City. The
Bidder shall supply competent and physically capable
employees. The City may require the Bidder to remove an
employee it deems careless, incompetent, insubordinate or
otherwise objectionable. Proposer shall be responsible to the
City for the acts and omissions of all employees working
under its directions.
9. NON-DISCRIMINATION & EQUAL OPPORTUNITY
EMPLOYMENT
During the performance of the Contract, the Contractor and
its subcontractors shall not discriminate against any
employee or applicant for employment because of race,
color, sex including pregnancy, religion, age, national origin,
marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, or disability if
qualified. The Contractor will take affirmative action to
ensure that employees and those of its subcontractors are
treated during employment, without regard to their race,
color, sex including pregnancy, religion, age, national origin,
marital status, political affiliation, familial status, sexual
orientation, gender identity or expression, 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 fortes of compensation; and selection
for training, including apprenticeship. The Contractor and its
subcontractors shall agree to post in conspicuous places,
available to its employees and applicants for employment,
Purchasing and Contracts Division
notices to be provided by the contracting officer setting forth
the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that all
subcontractors, if any, will be made aware of and will comply
with this nondiscrimination clause.
10. INSURANCE REQUIREMENTS
Bidder agrees to, in the performance of work and services
under this Agreement, comply with all federal, state, and
local laws and regulations now in effect, or hereinafter
enacted during the term of this agreement that are
applicable to Contractor, its employees, agents, or
subcontractors, if any, with respect to the work and services
described herein.
Bidder shall obtain at Bidder's expense all necessary
insurance in such form and amount as required by the Citys
Risk & Safety Officer before beginning work under this
Agreement. Proposer shall maintain such insurance in full
force and effect during the life of this Agreement. Proposer
shall provide to the City's Risk & Safety Officer certificates of
all insurance required under this section prior to beginning
any work under this Agreement. Proposer shall indemnify
and save the City harmless from any damage resulting to it
for failure of either Proposer or any subcontractor to obtain
or maintain such insurance.
The following are required types and minimum limits of
insurance coverage, which the Proposer agrees to maintain
during the term of this contract:
• General Liability - $1 M per occ. / $2M aggregate
• Automobile - $1 M per occ. / $1 M aggregate
• Workers Comp - Statutory
The City reserves the right to require higher limits
depending upon the scope of work under this
Agreement
Neither Bidder nor any subcontractor shall commence work
under this contract until they have obtained all insurance
required under this section and have supplied the City with
evidence of such coverage in the form of an insurance
certificate and endorsement. The Bidder will ensure that all
subcontractors will comply with the above guidelines and will
maintain the necessary coverage throughout the term of this
Agreement.
All insurance carders shall be rated at least A-VII per A.M.
Best's Key Rating Guide and be licensed to do business in
Florida. Policies shall be "Occurrence" forth. Each carrier will
give the City sixty (60) days notice prior to cancellation.
The Bidders liability insurance policies shall be endorsed to
add the City of Tamarac as an "additional insured". The
Bidder's Workers Compensation carder will provide a
IFB 20-21 B - Furnish, Delivery & Discharge of Quicklime
City of Tamarac
TAMi+AC
The City For Your Life
Waiver of Subrogation to the City. The Bidder shall be
responsible for the payment of all deductibles and self -
insured retentions.
The City may require that the Bidder purchase a bond to
cover the full amount of the deductible or self -insured
retention. If the Bidder is to provide professional services.
The City reserves the right to request the successful Bidder
to provide the City with evidence of Professional Liability
insurance with, at a minimum, a limit of $1,000,000 per
occurrence and in the aggregate. "Claims -Made" forms are
acceptable for Professional Liability insurance in the event
that the successful Proposer provides professional services
as agreed upon with City.
Contractor shall at a minimum, provide the level of
coverage provided as stated in Section 10
"Insurance" of the Standard Terms and Conditions
herein of this Agreement to any other organization in
the Southeast Florida Governmental Purchasing
Cooperative, and shall provide those agencies with
their own Certificate of Insurance to validate
coverage for their entity. Insurance coverage for
other agencies within the Co-op shall apply only to
those agencies individually.
11. INDEMNIFICATION
The Bidder shall indemnify and hold harmless the City of
Tamarac, its elected and appointed officials and employees
from any and all claims, suits, actions, damages, liability, and
expenses (including attomeys' 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 Proposer or his Subcontractors, agents,
officers, employees 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 of Tamarac or its elected or appointed
officials and employees. 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. Nothing contained herein is intended nor shall it
be construed to waive City's rights and immunities under the
common law or Florida Statute 76828 as amended from
time to time.
12. INDEPENDENT CONTRACTOR
An Agreement resulting from this solicitation does not create
an employee/employer relationship between the parties. It is
the intent of the Parties that the Contractor is an independent
Purchasing and Contracts Division
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 any potential 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. Any potential
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.
13. SCRUTINIZED COMPANIES F.S. 287.135 and
215.473
Bidder must certify that the company is not participating in a
boycott of Israel. Bidder must also certify that Bidder is not
on the Scrutinized Companies that Boycott Israel list, not on
the Scrutinized Companies with Activities in Sudan List, and
not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or has been engaged in
business operations in Cuba or Syria. Subject to limited
exceptions provided in state law, the City will not contract for
the provision of goods or services with any scrutinized
company referred to above. Bidder must submit the
certification that is attached to this contract. Submitting a
false certification shall be deemed a material breach of
contract. The City shall provide notice, in writing, to the
Bidder of the City's determination concerning the false
certification. The Bidder shall have five (5) days from receipt
of notice to refute the false certification allegation. If such
false certification is discovered during the active contract
term, the Bidder shall have ninety (90) days following receipt
of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If the
Bidder does not demonstrate that the City's determination of
false cerfification was made in error then the City shall have
the right to terminate the contract and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
iFB 20-21B — Furnish, Delivery & Discharge of Quicklime
[LATri + ' A M
City of Tamarac The City For Your Life Purchasing and Contracts Division
14. RECORDSIAUDITS 16. UNIT PRICES
14.1 The City of Tamarac is a public agency subject to Where a discrepancy between unit price and total price is
Chapter 119, Florida Statutes. The successful Bidder shall indicated on a Proposer's submitted Schedule of Bid Prices
comply with Florida's Public Records Law. Specifically, the or Price Bid Form, the unit prices shall prevail.
Contractor shall:
17. VENUE
14.1.1 Keep and maintain public records that
ordinarily and necessarily would be required by the
City in order to perform the service;
14.1.2 Provide the public with access to such public
records on the same terms and conditions that the
City would provide the records and at a cost that
does not exceed that provided in chapter 119, Fla.
Stat., or as otherwise provided by law;
14.1.3 Ensure that public records that are exempt
or that are confidential and exempt from public
record requirements are not disclosed except as
authorized by law; and
14.1.4 Meet all requirements for retaining public
records and transfer to the City, at no cost, all
public records in possession of the contractor upon
termination of the contract and destroy any
duplicate public records that are exempt or
confidential and exempt. All records stored
electronically must be provided to the City in a
format that is compatible with the information
technology systems of the agency. The failure of
Contractor to comply with the provisions set forth in
this Article shall constitute a Default and Breach of
this Agreement and the City shall enforce any
available contract remedies in force including
termination of the Agreement.
14.2 During the term of the contract, the successful
Bidder shall maintain all books, reports and records in
accordance with generally accepted accounting
practices and standards for records directly related to
this contract. The form of all records and reports shall
be subject to the approval of the City's Auditor. The
successful Bidder agrees to make available to the City's
Auditor, during normal business hours and in Broward,
Dade or Palm Beach Counties, all books of account,
reports and records relating to this contract.
15. UNBALANCED BIDS
When a unit price Bid has variable or estimated quantities,
and the Bid shows evidence of unbalanced Bid pricing, such
Bid may be rejected.
Any Agreement resulting from this solicitation 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.
IF THE BIDDER HAS QUESTIONS
REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA
STATUTES, TO THE
CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88th AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
C ITYC LERK(c-TAMARAC.ORG
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IFB 20-21 B— Furnish, Delivery & Discharge of Quicklime
TAMARAC
City of Tamarac The City Your\ Purchasing and Contracts Division
TABLE OF CONTENTS
20-21 B
FURNISH, DELIVER AND DISCHARGE OF QUICKLIME
INVITATIONTO BID.-......................................................................................................................................................................................1
INSTRUCTIONS TO BIDDERS & STANDARD TERMS AND CONDITIONS....................................................................................................2
1. INTRODUCTION & AUTHORITY......................................................................................................................................................2
2. TYPES OF SOLICITATIONS ISSUED BY THE CITY........................................................................................................................2
3. DEFINED TERMS.............................................................................................................................................................................2
4. CLARIFICATION & ADDENDA.........................................................................................................................................................4
5. SUBMISSION OF THE BID...............................................................................................................................................................4
6. MODIFICATION AND WITHDRAWAL OF BID.................................................................................................................................5
7. REJECTION OF BIDS.......................................................................................................................................................................5
8. OMISSION OF DETAILS...................................................................................................................................................................5
9. NON -COLLUSIVE AFFIDAVIT ..........................................................................................................................................................5
10. CONFLICT OF INTEREST...........................................................................................................................................................5
11. QUANTITIES................................................................................................................................................................................5
12. DELIVERY...................................................................................................................................................................................6
13. SAMPLES AND DEMONSTRATIONS.........................................................................................................................................6
14. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS............................................................................................6
15. TAXES.........................................................................................................................................................................................6
16, RESPONSE TABULATION..........................................................................................................................................................6
17. FORM AGREEMENT DOCUMENT..............................................................................................................................................6
18. OTHER GOVERNMENTAL ENTITIES.........................................................................................................................................6
19. UNBALANCED RESPONSES.....................................................................................................................................................6
20. INFORMATION REQUESTS AFTER DUE DATE........................................................................................................................7
21. BUDGETARY CONSTRAINTS....................................................................................................................................................7
22. CONTINGENT FEES PROHIBITED.............................................................................................................................................7
23. PROHIBITION AGAINST LOBBYING.........................................................................................................................................7
24. PROTESTS..................................................................................................................................................................................7
25. WITHDRAWAL OF BID...............................................................................................................................................................7
26. BACKGROUND INVESTIGATION...............................................................................................................................................7
B. STANDARD TERMS & CONDITIONS..........................................................................................................................................................8
1. PERFORMANCE...............................................................................................................................................................................8
2. CONDITIONS OF MATERIALS.........................................................................................................................................................8
3. COPYRIGHTS OR PATENT RIGHTS...............................................................................................................................................8
4. SAFETY STANDARDS.............................................................................................................................................................I.......8
S. INSPECTION.....................................................................................................................................................................................
a
6. TERMINATION..................................................................................................................................................................................8
7. ASSIGNMENT...................................................................................................................................................................................9
8. EMPLOYEES....................................................................................................................................................................................9
9. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT...............................................................................................9
10. INSURANCE REQUIREMENTS...................................................................................................................................................9
11. INDEMNIFICATION...................................................................................................................................................................
10
12. INDEPENDENT CONTRACTOR................................................................................................................................................
10
13. SCRUTINIZED COMPANIES F.S. 287.135 and 215.473...........................................................................................................
10
14. RECORDSIAUDITS...................................................................................................................................................................
11
15. UNBALANCED BIDS.................................................................................................................................................................
11
16. UNIT PRICES.............................................................................................................................................................................
11
17. VENUE.......................................................................................................................................................................................
11
18. CUSTODIAN OF RECORDS......................................................................................................................................................
11
TABLEOF CONTENTS...................................................................................................................................................................................
12
ADVERTISEMENT INVITATION TO BID(ITB)...............................................................................................................................................
14
SOUTHEAST FLORIDA GOVERNMENTAL.........................................................................................................................................................2
PURCHASING COOPERATIVEGROUP........................................................................................................................................................2
SPECIALINSTRUCTIONS..............................................................................................................................................................................
11
1. SE FLORIDA GOVERNMENTAL COOPERATIVE PARTICIPANTS: .......... ............. - ..................................................................
11
2_CONTACT INFORMATION AND QUESTIONS................................................................................................................................
11
3. DIGITAL FORMS TO COMPLETED WITH BID.........................................................................................................................
12
4. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION........................................................................
12
SPECIALCONDITIONS..................................................................................................................................................................................
13
BID20 21B................................................................................................................................................................................................
13
1. PURPOSE OF BID..........................................................................................................................................................................
13
2. CONTRACT TERM.........................................................................................................................................................................
13
3. PRICING.........................................................................................................................................................................................
13
4. BASIS FOR ADJUSTMENT OR REJECTION OF SHIPMENTS.....................................................................................................
14
5. DAMAGE TO EQUIPMENT.............................................................................................................................................................
14
6. DELIVERY.......................................................................................................................................................................................
14
IFB 20-21 B - Fumish, Delivery & Discharge of Quicklime
City of Tamarac
TAM�AR�AC
The City For Your Life
7. INVOICING................................................................
8. INSURANCE.............................................................
9. REGULATORY COMPLIANCE .................................
it. CAPABILITIES OF THE SUPPLIER ....................
12. CONSIDERATION FOR AWARD .........................
TECHNICAL SPECIFICATIONS................................................
BIDFORM.................................................................................
APPENDIXA.............................................................................
APPENDIXB.............................................................................
SAMPLE FORM AGREEMENT .................................................
1. The Contract Documents ........................................
2. The Work..................................................................
3. Insurance.................................................................
4. Term.........................................................................
5. Contract Sum...........................................................
6 Payments.................................................................
7 Conditions of Material .............................................
8 Indemnification........................................................
9 Non -Discrimination & Equal Opportunity Employr
10 Independent Contractor.. ............... ...................
11 Assignment and Subcontracting .......................
12 Notice..................................................................
13 Termination.........................................................
14 Uncontrollable Forces ........................................
15 Agreement Subject to Funding ..........................
16 Venue..................................................................
17 Signatory Authority ............................................
18 Severability; Waiver of Provisions ....................
19 Merger; Amendment... ........................................
20 No Construction Against Drafting Party ...........
21 Scrutinized Companies --287.135 AND 2115.47;
22 Public Records ...................................................
23 Public Records Custodian .................................
Purchasing and Contracts Division
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IFB 20-21B — Furnish, Delivery & Discharge of Quicklime
TAMARAC
City of Tamarac Purchasing and Contracts Division
The City For Your Life
August 12, 2020
ADVERTISEMENT INVITATION TO BID (ITB)
ALL QUALIFIED BIDDERS:
20-21 B
Sealed Bids, addressed to the Purchasing and Contracts Division of the City of Tamarac, Broward
County, Florida, will be received electronically via the City's encrypted procurement management
system, bids&tendersT11 until 3:00 PM local time. Monday, August 31, 2020 for:
Furnish, Deliver and Discharge Quicklime
The City of Tamarac is hereby requesting Bids, from qualified Contractors, to Furnish, Deliver and
Discharge Quicklime at the City of Tamarac Water Plant property at 7803 NW 61st Street, and on
behalf of agencies in The South Florida Governmental Purchasing Cooperative as listed within the Bid
document.
Sealed Bids must be received electronically via the City's encrypted procurement management system,
bids&tendersT11 on or before the date and time referenced above. Any Bids received after 3:00 PM on
said date will not be accepted under any circumstances. Any uncertainty regarding the time a Bid is
received will be resolved against the Bidder.
City reserves the right to reject any or all Bidder, to waive any informalities or irregularities in any Bids
received, to re -advertise for Bids, to award in whole or in part to one or more Bidders, or take any other
such actions that may be deemed to be in the best interests of the City. Bid documents may be
obtained electronically ONLY at: httos://tamarac.bidsandtenders.org/Module/Tenders/en.
Sincerely,
Keith K. Glatz, CPPO
Purchasing & Contracts Manager
Virtual Bid Opening Ceremony to be held at 3:00 P.M. on August 31, 2020. The public may access the
Bid Opening Ceremony at the following link via Microsoft Teams:
Join Microsoft Teams Meeting
+1 954-289-2459 United States, Fort Lauderdale (Toll)
Conference ID: 513 062 477#
Publish Sun -Sentinel: 08/16/2020
IFB 20-21B— Fumish, Delivery & Discharge of Quicklime
SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
TO OUR PROSPECTIVE CONTRACTORS:
The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast
Florida Governmental Purchasing Cooperative Group.
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 Group wasformed in an effort to provide cost savings and cost avoidances to all entitles by
utilizing the buying power of combined requirements for common, basic items.
The Government Agencies participating in this particular procurement and their respective delivery locations
are listed in the attached document.
Southeast Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures:
• All questions concerning this procurement should be addressed to the issuing agency, hereinafter
referred to as the 'lead agency". All responses are to be returned in accordance with the
instructions contained in the attached document. Any difficulty with participating agencies referenced
in this award must be brought to the attention of the lead agency.
• Each participating governmental entity will be responsible for awarding the 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 asrequired 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 toall 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 Lead Agency a detailed Summary of Sales semi-annually during
thecontract period. Sales Summary shall include contract number(s), contractors name, the total of
eachcommodity sold during the reporting period and the total dollar amount of purchases by commodity.
purchase order resulting from this bid award. However, other Southeast Florida Governmental
Purchasing Cooperative Group members may participate in this 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 Group 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 parry to any contract
executed by and between any other governmental entity and the Contractor(s) as a result of this
procurement action.
"WORKING TOGETHERTO REDUCE COSTS"
20-218 Fumish, Delivery & Discharge of Quicklime
TAM�AR�AC
of Tamarac The City For Your Life Purchasing and Contracts Division
SPECIAL INSTRUCTIONS
BID 20-21B
FURNISH, DELIVER AND DISCHARGE OF QUICKLIME
SE FLORIDA GOVERNMENTAL COOPERATIVE PARTICIPANTS:
Below is a list of the agencies participating in this bid and their respective delivery locations:
AGENCY
DELB/ERY ADDRESS
CITYISTATEIZIP
CONTACT
PHONE / E-MAIL
City of Boynton Beach
124 E. Woolbriht Rd.
Boynton Beach 33435
David Roland
5611742-6434 RolandD bbfl.us
Broward County Dist. 1A
3701 N State Road 7
Lauderdale Lakes 33319
Pedro Barrios
954/831-4115 / 954/553-0653 Cell
Merrios broward.or
Broward County Dist. 2A
1390 NE 50th St.
Deerfield Beach 33064
Jose Otero
954/8314127 / 954/234-1034 Cell
JOtero(ftnoward.ong
City of Coral Springs
3800 NW 85th Avenue
Coral Springs 33065
Alvan Jones
9541345-2162
a'ones corals rin s.or
City of Dania Beach
1201 Stirling Road
Dania Beach 33004
Nate Costa
954/924-6808 X3616
ncostaitD.danialbeactifl.gov
City of Delray Beach
201 SW 7� St.
Delray Beach 33444
Bryan Heller
561/531-0817
Heller8 nndelra beach.com
Town of Davie
3500 NW 76°i Avenue
Hollywood, FL 33024
Raul Sctelo
954/327-3748
Raul sotelo davie-fl. ov
City of Deerfield Beach
290 Goolsby Blvd.
Deerfield Beach 33442
Joshua Niemann
954/4804373
Jniemann Deerfield-Beach.com
City of Fort Lauderdale
949 NW 38' Street
Oakland Park, 33309
Cesar Alta
954/828-7865
calza fortlauderdale. ov
City of Hallandale Beach
630 NW V Street
Hallandale 33009
John Fawcett
954/457-1632'faLAA cohb.or
City of Hollywood
3441 Hollywood Blvd.
Hollywood 33021
Luis Montoya
954/9674230
lmontoya(a).hollywoodfi.org
City of Hollywood
1621 N. 141" Avenue
Hollywood 33022
Coy Mathis Joel Blanco
954/921-3288
cmathis(ci),hollvwoodfl.oro
'blanco(dhollywoodfl.org
City of Lake Worth Beach
301 College Street
Lake Worth Beach, 33460
Tim Sloan
561/586-1636
TSloan LakeWorthBeachFL.Gov
City of Lauderhill
2101 NW 49th Avenue
Lauderhill 33313
Ludeen Evans
9541730-2972 1 954-730-4225
Levans lauderhill.fl. ov
City of Margate
980 NW 66 Ave.
Margate 33063
Richard Uber
954/972-0828
mberamargatefl.com
City of North Lauderdale
841 NW 71"Avenue
North Lauderdale 33068
Neil Buckeridge
9541597-4757
NBuckerid a NLauderdale.o
City of North Miami
12098 NW 11 Ave.
North Miami 33168
Pavel Vida
3051953-2854
PVida northmiamiFL. ov
City of North Miami Beach
19150 NW 8' Avenue
Miami Gardens 33169
Moises Sierra / Carlos
787/406-9628 305/650-0000
Carrazana
Moises.sienraortiz(<diacobs.com
Carlos.carrazana Ci nmb.com
Village of Palm Springs
360 Davis Road
Palm Springs 33461
Dave Burgin
561/635-4282 dbur in v sfl.or
Village of Palm Springs
5618 Basil Drive
West Palm Beach 33415
Dave Burgin
561/635-0282 dburgin gnvosfl.org
City of Pembroke Pines
7960 Johnson Street
Pembroke Pines 33024
Michael Cepeda
786/644-8762
michael.ce eda 'acobs.com
City of Pompano Beach
301 NE 12� Street
Pompano Beach 33060
Phil Hyer
9541545-7030
Phil.h er co bfl.com
City of Riviera Beach
800 W. Blue Heron Blvd.
Riviera Beach 33404
David Danford
5611723-9973
ddanford rivierabeach.or
City of Sunrise
4350 Springtree Drive
Sunrise 33351
Roal Small
9541572-2424
mmall sunrisefl. ov
City of Sunrise
15450 Sludgemill Road
Davie 33331
Hugo Alagic
954/434-6900
hala is sunrisefl. ov
City of Tamarac
7803 NW 61 st Street
Tamarac 33321
Anthony Licata
954/597-3777
anthon .licata tamarac.or
Village of Wellington
1100 Wellington Trace
Wellington J3414
Kada Berroteron-
561/753-2465
Castellon
kberroteran wellin tonfl. ov
City of West Palm Beach
1009 Banyan Blvd.
West Palm Beach 33401
Sandra Feliciano
5611822-2290
sfeliciano w b.o
TAM�ARA1C
of Tamarac The City For Your Life purchasinq and Contracts Division
2. CONTACT INFORMATION AND QUESTIONS
For inquiries regarding this solicitation Bidders must submit questions online at
httos://tmarac.bidsandtenders.org/Module/Tenders/en. Once on the webpage bidder should
click the solicitation they are interested in and click the "Submit a Question Button". All questions
will be reviewed by the City and answered in the form of an addendum which will be uploaded to
the City's website and available for all firms registered as plan holders. An example screen shot
of how to submit a question is shown below:
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pw, <.pmwy wtl...Nam.
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e[ryM .. FlvMs bn aomrasslomJlnay Gh.wk NemvNtlawg4 CJ 41'A,Mn,4'I angm:M ILgi4aMska me yusYYb ES 1umen.1SunM 1eFIPe,1.
V I.IVNab Rovtl Ta Flaeps,]M artrvahvG aahalgv apinel TvmuslaMGhepvvKJnpMnNm vtl psuRY lnRaivm NV Svw®vssEmesamY bam Ly vnJ nljYn4W Ivg1J]
aNve pv,Y Mm rfl +m4 Nmbv.plow'IVI.p,.apanWYbm.nwleaa.axen one "rn4tnlMma Walabn olmv4ulwh
3. DIGITAL FORMS TO COMPLETED WITH BID
The following fellable digital forms have been created and must be submitted / acknowledged with
each bid:
Certification
Vendor Drug -Free Workplace
Bidder's Qualification Statement
References
Boycotting Israel or Scrutinized Companies List
APPENDIX A — Part 1 — Contractor Pass Request Contact Information
APPENDIX A — Part 2 — Contractor Pass Request - List of Contractor EmDlovees Reauirin❑
Access to Facilities
4. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION
The following forms must be filled out, scanned back and uploaded to the defined section below:
Document Upload
#
Required forms to be printed out, filled out, scanned back in and
uploaded
Document Upload
1:
Non -Collusive Affidavit and Acknowledgment Non -Collusive Affidavit
Document Upload
2:
Certified Resolution
Document Upload
4:
Certificate of Insurance Proof of Requirements
Document Upload
5:
W9
Document Upload
6:
Vendor Narrative to address any issues as requested in the bid document.
(Please address any items to respond to requests for Licenses, product
specifications or other items required.)
Failure to provide the requested attachments may result in your bid being deemed non-
responsive.
TAM. -,ice C
of Tamarac The City For Your Life Purchasinq and Contracts Division
SPECIAL CONDITIONS
BID 20-21B
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. This is a Cooperative Invitation to Bid
issued by the City of Tamarac on behalf of the participating governmental entities of the
Southeast Florida Governmental Purchasing Cooperative, referenced within this bid document.
All quantities given are estimates of annual usage and may be increased or decreased to meet
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. CONTRACT TERM
The contract term shall be for an initial period of three (3) years, beginning November 1, 2020.
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 terms.
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 will be subject to adjustment on a quarterly
basis in accordance with Section 3.C, "Escalation / De-escalation" shown herein.
B. In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel
surcharges during the term of the contract.
Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts, invoices
or published rates of the contractor's rail carrier. Contractor shall provide documentation
regarding the rail carrier's pricing as a part of the request for an adjustment to the rail
surcharge. No surcharge will be applied on top of another one. The Bidder should
provide a rail fuel surcharge schedule as part of their bid submittal in the area provided in
Appendix B herein.
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 U.S. On -Highway Diesel Fuel Prices — 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: htti)s://www.eia.gov/petroleum/ciasdiesel/ .
C. Escalation/De-escalation:
1. The City will accept price adjustments on a quarterly basis on January 18', April V,
July 18' and October ls' 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
may include, but not be limited to published U.S. Department of Energy (DOE)
reports on coal costs, Platt's Coal Index, U.S. Bureau of Labor Statistics (BLS)
TAM�ARA1C
of Tamarac The City For Your Life Purchasing and Contracts Division
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. The bidder will need to validate
to the City, which sources will be used to justify price adjustments prior to
commencement of work under the agreement issued as the result of this invitation for
bid. The City reserves the right to exercise final approval of the sources to be used
for price adjustment justification.
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, 2020, subject to change in accordance with the schedule provided in Section 3.C.1
herein.
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 Special Conditions Section
3.B "Pricing", herein and utilizing Appendix B to this bid.
4. Cost adjustments, in all cases, shall reflect onlV a direct pass -through of costs,
and no changes to the Contractor's profit margin shall be permitted. The City
Contractor to utilize alternative indices for price adjustment justification;
however, the Contractor will only be allowed to change these indices at the
time of any potential contract renewal, unless the index or indices cease
publication, in which case the Contractor will be allowed to make changes to
for any discontinued index during the contract period. The City reserves final
judgement in the determination of the acceptance of specific indices to be
utilized for the justification of price adjustments.
4. BASIS FOR ADJUSTMENT OR REJECTION OF SHIPMENTS
The City reserves the right to reject, at the Bidder's expense, any shipment that fails to meet the
specifications listed herein. The Bidder shall be given twenty-four (24) hours after failure
notification to arrange for independent laboratory analysis of one (1) of the retained samples from
said shipment.
5. DAMAGE TO EQUIPMENT
If it is determined that the Bidder has shipped a product other than that specified, resulting in
equipment damage, the Bidder shall assume full responsibility for the cost of repairs.
6. DELIVERY
Bidder shall be capable of and agree to the following:
A. Delivery 24-hours per day, seven days per week.
B. Furnish a weight certification with each shipment. Certificate shall indicate gross, tare and
net weights.
C. As may be requested by using department, provide a physical and chemical analysis with
each delivery. The analysis shall be certified and performed by a reputable testing
laboratory. A one (1) pound airtight sample must accompany each shipment.
14
TAM�AR^AC
of Tamarac The City For Your Life Purchasing and Contracts Division
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 copies of their current insurance certificates with the bid as refernced in the
General Terms and Conditions. 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 and upload 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
notification 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 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.
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 non -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.
11. CAPABILITIES OF THE SUPPLIER
Suppliers of Quicklime under any Agreement resulting from this Invitation for Bid should be
actively engaged in the actual production of Quicklime, and may be requested to demonstrate
that the firm has the adequate equipment, supplies and labor required to produce the finished
material and maintain production of Quicklime, and a continuity of supply to agencies within the
Southeast Florida Governmental Purchasing Cooperative. The Supplier must have appropriate
reliable distribution channels to transport, deliver and discharge quicklime at the requested
delivery locations included herein. Additionally, the firm may be requested to provide copies of its
most recent audited financial statement demonstrating that the firm has the necessary financial
capability to meet the requirements of agencies within the Southeast Florida Governmental
Purchasing Cooperative, as well as information that demonstrates the past experience in making
compliant product deliveries for large quantities of quicklime at water treatment facilities similar to
15
TAM�ARA1C
of Tamarac The City For Your Life purchasing and Contracts Division
those used by the City. The Bidder will be required to respond to questions included in the Bids
and Tenders electronic solicitation document.
12. 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 notify 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 Bidder's product to the required use.
Remainder of Page Intentionally Blank
16
TAM�AR�AC
The City For Your Life
of Tamarac Purchasing and Contracts Division
TECHNICAL SPECIFICATIONS
BID NO. 20-21B
FURNISH, DELIVER AND DISCHARGE OF QUICKLIME
Type 1: Pebble lime, bulk must be in accordance with American National Standards Institute (ANSI)
approved American Water Works (AWWA) Standard Specification B-202-02. The following requirements
and testing procedures are applicable.
(A) Slaking Rate
Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade.
(B) 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 30 mesh sieve.
(D) Sampling Procedure
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 will be quartered and each of the four (4) quarters shall be placed in airtight
containers. One quarter (1/4) will be used by the City's laboratory for analysis. Two
quarters (2/4) will be set aside for use by the Bidder and a referee laboratory in the event
of a dispute. City will use the final quarter in the event of a dispute.
(E) Testing Procedures
1. Slaking Rate
As covered in ANSI/AMA Specifications, B-202-02, Section 5.4.
2. Calcium Oxide
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.3.2.
3. Residue After Slaking
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.5.
(F) Pebble Size: -1/2" x 5 mesh (-1/2" x 0.157")
Type 1A: Foundry or Rice lime, bulk must be in accordance with American National Standards Institute
(ANSI) approved American Water Works (AWWA) Standard Specification B-202-02. The following
requirements and testing procedures are applicable.
(A) Slaking Rate
Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade.
(B) Calcium Oxide (CaO) Content
Shall contain a minimum of 89% free lime.
(C) Residue After Slaking
Residue shall not be more than 2% by weight on 30 mesh sieve.
TAM�AR�AC
The City For Your Life
Purchasing and Contracts Division
(D) Sampling Procedure
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 will be quartered and each of the four (4) quarters shall be placed in airtight
containers. One quarter (1/4) will be used by the City's laboratory for analysis. Two
quarters (2/4) will be set aside for use by the Bidder and a referee laboratory in the event
of a dispute. City will use the final quarter in the event of a dispute.
(E) Testing Procedures
Slaking Rate
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.4.
2. Calcium Oxide
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.3.2.
3. Residue After Slaking
As covered in ANSI/AV,/WA Specifications, B-202-02, Section 5.5.
(F) Foundry/Rice Size: -5 mesh x 14 mesh (0.157° x 0.0555")
Type 2. HI -Cal, Granular lime, bulk must be in accordance with American National Standards Institute
(ANSI) approved American Water Works (AWWA) Standard Specification B-202-02. The following
requirements and testing procedures are applicable.
(A) Slaking Rate:
Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade.
(B) Calcium Oxide (CaO) Content
Shall contain a minimum of 92% free lime total, and a minimum of 87% available CaO, per ASTM
C-25 method.
(C) Residue After Slaking
Residue shall not be more than 2% by weight on 30 mesh sieve.
(D) Sampling Procedure
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 will be quartered and each of the four (4) quarters shall be placed in airtight
containers. One quarter (114) will be used by the City's laboratory for analysis. Two
quarters (2/4) will be set aside for use by the Bidder and a referee laboratory in the event
of a dispute. City will use the final quarter in the event of a dispute.
TAM�ARA`C
The City For Your Life
of Tamarac Purchasing and Contracts Division
(E) Testing Procedures
1. Slaking Rate
As covered in ANSI/AMA Specifications, B-202-02, Section 5.4.
2. Calcium Oxide
As covered in ANSI/AMA Specifications, B-202-02, Section 5.3.2.
3. Residue After Slaking
As covered in ANSI/AMA Specifications, B-202-02, Section 5.5.
(F) Sizing:
Granular product U.S. sieves size 0" x 1/8". Bulk density average of 63 lb. per cubic foot.
Remainder of Page Intentionally Blank
TAM�RAC
The City For Your Life
Tamarac Purchasing and Contracts Division
BID FORM
INVITATION FOR BID
IFB 20-21 B
FURNISH, DELIVER AND DISCHARGE OF QUICKLIME
NOTE: THIS FORM IS PROVIDED FOR INFORMATIONAL
PURPOSES ONLYII ALL PRICING MUST BE SUBMITTED
ELECTRONICALLY THROUGH THE CITY'S BIDS & TENDERS
PLATFORM!!
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
USAGE
I PRICE
PER TON
FREIGHT
CHARGE
TOTAL
COST
DELIVERED
Type 1 — Pebble Lime
Broward County Dist. 1
3701 N State Road 7
2500
$
$
$
Broward County Dist. 2
1390 NE 51 St.
4500
$
$
$
City of Coral Springs 1
3800 NW 85th Avenue, Coral Springs
1352
$
$
$
Town of Davie
3500 NW 76th Avenue, Hollywood
1000
$
$
$
City of Dania Beach
1201 Stirling Road, Dania Beach
350
$
$
$
City of Deerfield Beach
290 Goolsby Blvd. — West Plant, Deerfield
Beach
1415
$
$
$
City of Fort Lauderdale
2
949 NW 381^ St., Ft. Lauderdale
11500
$
$
$
City of Hallandale Beach
3
630 NW 6th Avenue, Hallandale Beach
900
$
$
$
City of Lake Worth
Beach
301 College St., Lake Worth Beach
525
$
$
$
City of Lauderhill
2101 NW 49th Avenue, Lauderhill
1825
$
$
$
City of North Lauderdale
841 NW 71� Avenue, North Lauderdale
650
$
$
$
Citv of North Miami
12098 NW 11'^ Ave, North Miami
1150
$
$
$
Village of Palm Springs
360 David Road, Palm Springs
600
$
$
$
Village of Palm Springs
5618 Basil Drive, West Palm Beach
600
$
$
$
City of Pompano Beach
301 NE 12th Street, Pompano Beach
2200
$
$
$
City of Riviera Beach
800 W. Blue Heron Blvd., Riviera Beach
588
$
$
$
20
TAM�AR�AC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
AGENCY
DELIVERY ADDRESS
ANNUAL
USAGE
PRICE
PER TON
FREIGHT
CHARGE
TOTAL
COST
DELIVERED
City of Sunrise
4350 Sprin tree Drive, Sunrise
2400
$
$
$
City of Sunrise
15400 Sludge Mill Road, Davie
600
$
$
$
Village of Wellington
1100 Wellington Trace, Wellington
1330
$
$
$
TYPE 1A — Foundry/ Rice Lime
City of Boynton Beach
124 E. Woolbri ht Rd., Boynton Beach
1685
$
$
$
City of Delray Beach
201 SW 71" St., Delray Beach
3650
$
$
$
City of Hollywood
3441 Hollywood Blvd., Hollywood
2400
$
$
$
City of Margate
980 NW 66th Ave, Margate
2000
$
$
$
City of North Miami
Beach
19150 NW 81h Ave, Miami Gardens
3000
$
$
$
City of Pembroke Pines
7960 Johnson Street, Pembroke Pines
4200
$
$
$
City of Tamarac
17803 NW 61st Street, Tamarac
1500
$
$
$
City of West Palm Beach
I 1009 Banyan Blvd., West Palm Beach
5200
$
$
$
TYPE 2 -- Hi CAL Granular
City of Hollywood
lWastewater, 1621 N14th Ave, Hollywood
5550
$
$ —Is
—
Total Annual Tonnage
65,170
1 $
Delivery Location Special Conditions:
(1) Coral Springs — Must deliver between 8:OOAM and 4:OOPM Monday to Friday ONLY.
(2) Fort Lauderdale — Must deliver between 7:OOAM and 3:00 Daily.
(3) Hallandale Beach — Delivery to be made by a tanker truck @ 25 Tons/shipment. Lime to be
pneumatically transferred from truck to silo. Delivery must be within 3 days of order.
21
TAMNARyAC
The City For Your Life
of Tamarac Purchasing and Contracts Division
i'_1»:4kgI K
CONTRACTOR PASS REQUEST
THIS FORM IS AVAILABLE ON THE CITY'S ELECTRONIC SOLICITATION SITE,
BIDS & TENDERS, AND BIDDERS MUST PROVIDE INFORMATION IN THE
DESIGNATED AREA WITHIN THE BID DOCUMENT. (BIDDER MAY ADD
ADDITIONAL ROWS.)
Vendor Name:
1ROT[.7i_rerorlm
Vendor Contact Name:
Vendor Contact Phone Number:
List of Contractor Employees Requiring Entry to Facilities
(Attach copy of Picture Identification for all persons listed below)
to be Performed
22
TAM�AR_AC
Tamarac The City For Your Life
APPENDIX B
2020 TRUCK FUEL SURCHARGE SCALE
and Contracts Division
Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's
distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly.
• The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department
of Energy's DOE Retail On -Highway Diesel Price - US Average index may be found at:
published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found
at the following website: https://www.eia.gov/petroleum/oasdiesel/
• Percentages change .5% for every $0.05 per gallon price change
DIESEL FUEL PRICE FS = % OF DIESEL FUEL PRICE FS = % OF
NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE
$1.75
0.00%
$3.00
13.00%
$1.80
1.00%
$3.05
13.50%
$1.85
1.50%
$3.10
14.00%
$1.90
2.00%
$3.15
14.50%
$1.95
2.50%
$3.20
15.00%
$2.00
3.00%
$3.25
15.50%
$2.05
3.50%
$3.30
16.00%
$2.10
4.00%
$3.35
16.50%
$2.15
4.50%
$3.40
17.00%
$2.20
5.00%
$3.45
17.50%
$2.25
5.50%
$3.50
18.00%
$2.30
6.00%
$3.55
18.50%
$2.35
6.50%
$3.60
19.00%
$2A0
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%
TAM.0�AR�AC
of Tamarac The City For Your Life Purchasing and Contracts Division
SAMPLE FORM AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
(SUCCESSFUL BIDDER)
NOTE: THIS IS A SAMPLE AGREEMENT DOCUMENT IS PROVIDED
FOR INFORMATIONOAL PURPOSES ONLY!! ACTUAL AGREEMENT
DOCUMENT WILL BE COMPLETED BY THE SUCCESSFUL BIDDER
AT TIME OF AWARD!!
THIS AGREEMENT is made and entered into this day of 20_ by and between
the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave.,
Tamarac, FL 33321 (the "CITY") and ,
corporation with principal offices located
"Contractor") to provide for
(the
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. The Contract Documents
The contract documents consist of this Agreement, Bid Document No. 20-21B, "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. 20-21 B,
"Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid
Document No. 20-21B, as issued by the City shall take precedence over the Contractor's Proposal.
Furthermore, in the event of a conflict between this document and any other contract documents, this
Agreement shall prevail.
2. The Work
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish,
Deliver and Discharge Quicklime in accordance with the Technical
Specifications, terms and conditions contained in Bid Document 20-21B,
"Furnish, Deliver and Discharge Quicklime".
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall at
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.3 Contractor shall comply with any and all Federal, State, and local laws and
24
TAM�AR�AC
Tamarac The City For Your Life Purchasing and Contracts Division
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. 20-21 B), 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, Builder's Risk and all other
insurance as required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the life of this
Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of
all insurances required under this section prior to beginning any work under this
Agreement. The Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
Insurance policies shall be endorsed to add the City as an additional insured, and shall
list the City as the Certificate Holder. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor's Liability Insurance policies.
Insurance limits are outlined below:
o General Liability - $1 M per occ. / $2M aggregate
o Automobile —$1Mper occ./$1Maggregate
o WorkersComp—Statutory
3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2
of this Agreement to any other organization in the Southeast Florida Governmental
Purchasing Cooperative, and shall provide those agencies with their own Certificate of
Insurance to validate coverage for their entity.
TAM�AR_A`C
of Tamarac The City For Your Life purchasing and Contracts Division
4. Term
The term of this Agreement shall be for an initial three (3) year period, beginning November 1,
2020 through October 31, 2023. The City reserves the right to renew this Agreement for three (3)
additional one (1) years periods subject to the Contractor's acceptance, satisfactory performance and
determination that renewal will be in the best interest of the City.
5. Contract Sum
The Contract Sum for the above work for entities listed in Contract Exhibit A (UNIT PRICING
PROVIDED IN BID) shall be based on delivered cost per ton. The Contract sum includes all labor,
materials and freight charges for the job also known as Bid No. 20-21 B, "Furnish, Deliver, and Discharge
Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract
Exhibit A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel
surcharges shall remain fine through the term of the contract, Pricing shown in Contract Exhibit A, shall
be firm for the initial contract period from November 1, 2020 through October 31, 2023, 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, 2020 through October 31, 2023. 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 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.gov/oog/info/wohdp/diesel detail report combined.asp
5.3 Escalation/De-escalation:
5.3.1 The City will accept price adjustments on a quarterly basis on January 1s', April
151, July 15' and October 1s' 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
26
TAMS ARAC
of Tamarac The City For Your Life Purchasinq and Contracts Division
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, 2020, 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 #20-21 B. 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 Contractors 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 20-21 B. All payments
shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218.
7 Conditions of Material
All materials and products supplied by the 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.
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.
27
TAM�ARAC
The City For Your Life
of Tamarac Purchasing and Contracts Division
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 The City and Contractor recognize that various provisions of this Agreement, including but
not limited to this Section, provide for indemnification by the Contractor and requires a
specific consideration be given there for. The Parties therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific
consideration for such indemnities, and the providing of such indemnities is deemed to be
part of the specifications with respect to the services to be provided by Contractor.
Furthermore, the City and Contractor understand and agree that the covenants and
representations relating to this indemnification provision shall serve the term of this
Agreement and continue in full force and effect as to the City's and the Contractor's
responsibility to indemnify.
8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to
time.
9 Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color, sex including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative
action to ensure that employees and those of its subcontractors are treated during employment, without
regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such
actions must include, but not be limited to, the following: employment, promotion; demotion or transfer;
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to
post in conspicuous places, available to its employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and
will comply with this nondiscrimination clause.
10 Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties. It is the
intent of the Parties that the Contractor is an independent contractor under this Agreement and not the
City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards
Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act,
the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and
responsibilities hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City,
State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for
TAMARAC
Tamarac The City For Your Life purchasing and Contracts Division
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
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.
+RZ:]
TAMS A,RAC
of Tamarac The City For Your Life purchasing and Contracts Division
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 parry shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
parry could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time
of being prevented or delayed from performance by an uncontrollable force, give written
notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
15 Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures provided for
in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual
budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding.
16 Venue
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
17 Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing that the
signatory for Contractor has the authority to enter into this Agreement.
18 Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to
such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
19 Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This Agreement can be
supplemented and/or amended only by a written document executed by both the Contractor and the City.
20 No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the drafting of this
Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement
concerning its construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or
disputes connected with, arising out of, or involving this Agreement.
30
ARAC
.e M
of Tamarac The City For Your Life purchasing and Contracts Division
21 Scrutinized Companies -- 287.135 AND 215.473
21.1 By execution of this Agreement, Contractor certifies that Contractor is not
participating in a boycott of Israel. Contractor further certifies that Contractor is not
on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized
Companies with Activities in Sudan List, and not on the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or has Contractor been
engaged in business operations in Syria. Subject to limited exceptions provided in
state law, the City will not contract for the provision of goods or services with any
scrutinized company referred to above.
21.2 Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five (5) days from receipt of
notice to refute the false certification allegation. If such false certification is
discovered during the active contract term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Contractor does not
demonstrate that the City's determination of false certification was made in error
then the City shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended from time to time.
22 Public Records
22.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
22.1.1 Keep and maintain public records required by the City in order to perform the
service;
22.1.2 Upon request from the City's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
22.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the City.
22.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records
in possession of the Contractor, or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to
the City upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City's custodian of public records
in a format that is compatible with the information technology systems of the City.
22.2 During the term of the contract, the Contractor shall maintain all books, reports and
records in accordance with generally accepted accounting practices and standards for
records directly related to this contract. The form of all records and reports shall be subject
to the approval of the City's Auditor. The Contractor agrees to make available to the City's
TAM�R^AC
of Tamarac The City For Your Life Purchasing and Contracts Division
Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all
books of account, reports and records relating to this contract.
23 Public Records Custodian
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
Remainder of Page Intentionally Blank
32
TAMARAC
of Tamarac The City For Your Life purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates
under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and
CONTRACTOR, signing by and through its duly authorized to execute same.
ATTEST:
Jennifer Johnson, CMC
City Clerk
Date
ATTEST:
Signature of Corporate Secretary
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
Michelle J. Gomez, Mayor
Date
Michael C. Cemech, City Manager
Approved as to form and legal sufficiency:
City Attorney
Date
Company
of PresidenttOwner
Type/Print Name of President/Owner
Date
33
TAMRAC
The City For Your Life
of Tamarac Purchasing and Contracts Division
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 of 20.
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
❑ Produced Identification
rype of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
41