HomeMy WebLinkAboutR-2025-027 Lhoist PO Approval for Quicklime Exceeding $50K & Waive BiddingRESOLUTION NO. 2025-027
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE WAIVER OF COMPETITIVE
BIDDING AND REQUESTING AUTHORIZATION TO PURCHASE
QUICKLIME FROM LHOIST NORTH AMERICA OF ALABAMA, LLC
UTILIZING THE SOUTHEAST FLORIDA GOVERNMENT PURCHASING
COOPERATIVE GROUP CONTRACT BID NO.23-36B AND TO EXCEED
THE ANNUAL SINGLE VENDOR PURCHASING POLICY OF FIFTY
THOUSAND DOLLARS ($50,000.00) TO BE VALID EACH YEAR THE
CONTRACT IS IN PLACE, 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 III, Article 3, Section 4,
Subsection (j), 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, if she is authorized to do so in
advance by a resolution adopted by the City Commission; and
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection (j), 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 each fiscal year; and
WHEREAS, the Public Services Department (PSD) is requesting to utilize the Southeast
Florida Government Co-op Contract Bid No. 23-36B to “Furnish, Deliver and Discharge of
Quicklime” with Lhoist North America of Alabama, LLC for the purchase of quicklime; and
RESOLUTION #2025-027 2
WHEREAS, PSD has determined that it is necessary to purchase quicklime for City use
of the lime softening and contaminant removal process at the least cost; and
WHEREAS, the cost of the services will exceed the annual vendor threshold amount of
Fifty Thousand Dollars ($50,000.00) in a single fiscal year and therefore, City Commission
authorization is needed; and
WHEREAS, the PSD has determined that the items can be obtained at the least cost to
the City without competitive bidding and without advertisement for bids from Lhoist North
America under an existing Co-op Agreement with the Southeast Florida Government Purchasing
Cooperative Group Contract BID No. 23-36B with an initial expiration term from November 1,
2023, to October 31, 2026, with one 3-year renewal option to be valid each year that the contract
is in place, copies are attached as composite Exhibit “A”.
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 Commission approves the purchase of water treatment plant
chemicals from Lhoist North America under the existing Co-op Agreement BID No. 23-36B
with the Southeast Florida Government Purchasing Cooperative Group, 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 policy threshold for the term of the contract.
Section 3. That the City is authorized to exceed the annual Fifty Thousand Dollars
($50,000.00) purchase threshold for a single vendor for fiscal year 2024/25 and for all
subsequent fiscal years that the Agreement is in place.
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 be effective 10 days after passage.
RESOLUTION #2025-027 3
PASSED AND ADOPTED on February 25, 2025.
Motion by Commissioner Lewellen second by Commissioner Ryan.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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 RWhitcomb@greenacresfl.gov for placement on the NIGP SEFL website Cooperative contract page.
PAGE 1 OF 2
BID/RFP No. ___________________________________________________________________________________
Description/Title: _______________________________________________________________________________
Initial Contract Term: Start Date: ______________________ End Date: _________________
Renewal Terms of the Contract: ______________________ Renewal Options for ________________
(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 #1 VENDOR AWARD
Vendor Name: ________________________________________________________________________________
Vendor Address: ________________________________________________________________________________
Contact: ________________________________________________________________________________
Phone: ____________________________________ Fax: _______________________________________
Cell/Pager: _________________________________ Email Address: ____________________________
Website: _________________________________ FEIN: ___________________________________
VENDOR AWARD
Vendor Name: ________________________________________________________________________________
Vendor Address: ________________________________________________________________________________
Contact: ________________________________________________________________________________
Phone: ____________________________________ Fax: _______________________________________
Cell/Pager: _________________________________ Email Address: ____________________________
Website: _________________________________ FEIN: ___________________________________
PAGE 2 OF 2
VENDOR AWARD
Vendor Name: ________________________________________________________________________________
Vendor Address: ________________________________________________________________________________
Contact: ________________________________________________________________________________
Phone: ____________________________________ Fax: _______________________________________
Cell/Pager: _________________________________ Email Address: ____________________________
Website: _________________________________ FEIN: ___________________________________
VENDOR AWARD
Vendor Name: ________________________________________________________________________________
Vendor Address: ________________________________________________________________________________
Contact: ________________________________________________________________________________
Phone: ____________________________________ Fax: _______________________________________
Cell/Pager: _________________________________ Email Address: ____________________________
Website: _________________________________ FEIN: ___________________________________
VENDOR AWARD
Vendor Name: ________________________________________________________________________________
Vendor Address: ________________________________________________________________________________
Contact: ________________________________________________________________________________
Phone: ____________________________________ Fax: _______________________________________
Cell/Pager: _________________________________ Email Address: ____________________________
Website: _________________________________ FEIN: ___________________________________
____________________________________________________________________
SECTION #2 AWARD/BACKGROUND INFORMATION
Award Date: ______________ Resolution/Agenda Item No.: ________________
Insurance Required: Yes __________ No _____________
Performance Bond Required: Yes __________ No _____________
____________________________________________________________________
SECTION #3 LEAD AGENCY
Agency Name: __________________________________________________________________
Agency Address: _____________________________________________________________________
Agency Contact: __________________________ Email___________________________________
Telephone: __________________________ Fax: ____________________________________
To:
From:
Thru:
Date:
Re:
City of Tamarac
Interoffice Memorandum
Financial Services Department
PURCHASING DIVISION
Levent Sucuoglu, City Manager
Keith K. Glatz, Purchasing & Contracts Manager
Christine J. Cajuste, Director of Financial Services
September 25, 2023
Temp Reso #14019-Award of Agreement -Bid #23-368, "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 October 11, 2023 Commission meeting, authorizing
the award of an Agreement for an initial three (3) year term effective November 1, 2023 through October
31, 2026, with one (1) additional three (3) year renewal option 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 Southeast 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, 2023. New
bid #23-36B 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, 2023, and due to some requested industry-wide market structural
changes, we were unable to exercise any of the original contract renewal options. The current Agreement
has been based on various federal and industry indices, providing for quarterly price adjustments. As a
result of significant supply chain issues which occurred during the pandemic and since that time, the
indices were not able to compensate for radical changes that were occurring in the industry, as well in the
transportation industry as a result of volatility particularly in cost of fuel. After much discussion with firms
in the industry, it was determined that the use of a fixed annual price could be more easily accommodated
by industry based on our discussions with the primary vendors who normally bid on this Agreement.
Accordingly, the City issued Bid number 23-36B "Furnish, Deliver and Discharge of Quicklime" on August
16, 2023, which was advertised in the South Florida Sun Sentinel on August 19, 2023, and was posted
on the City's e-procurement platform 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 $8,310,736.50 for
the full three (3) year period , justifying the split award . The bid response from Lhoist provided the lowest
pricing for the City of Tamarac and the other twenty-three agencies in the SE Florida Governmental
Purchasing Co -op , for an estimated three (3) year total Co -op cost of $91 ,613 ,247 .97 .
The initial term of the Agreement will be for three (3) years , beginning on November 1 , 2023 , with one (1)
addit ional three (3) year renewal options that may be exercised based on satisfactory performance in
accordance with an economic adjustment provis ion provided as a part of the Agreement.
The pricing bid by both Lhoist and Carmeuse Lime and Stone reflects an appro ximate increase of 12 .5%
for Lhoist and by a similar amount for Carmeuse for granular lime which is used only by the City of
Hollywood Wastewater Treatment Plant. We had originally anticipated an increase of 25 % from the
current Agreement , so we were pleased to see only a 12 .5% increase . The Agreements also provide for
quarterly adjustments for fuel surcharges for trucking , which will be based on a surcharge chart that the
City has utilized for several years , and for rail fuel surcharges that will be provided through documentation
to be provided each quarter by the railroad line transporting the lime from kilns in Alabama to South Florida .
Please note below, however , that our bid price for the upcoming year is still lower than similar entities
around the State which have recently opened bids . The Chart below shows pr icing for other local entities
for bids which have recently opened :
Current Delivered Per Ton Pricing For Surrounding Entities For Recently Opened Bids:
City of Lakeland Utilities $460 .00
Florida Keys Utilities $494 .13
City of Ormand Beach $603 .82
City of Tamarac -SE FL Co-op (as of July 1, 2023) $388 .65
City of Tamarac -SE FL Co-op (effective Nov . 1, 2023) $446 .95
Overall , the PPI for lime shows a 35 % increase from November 2020 to August 2023 when we issued our
bid . (See graph above). The index value for November 2020, when we awarded the last Agreement , was
277.50 for material without freight. The August 2023 index value was at 430.77 for material without freight.
The fairly steep incline is very evident in the PPI graph for lime shown above . The rapid escalation is due
to increased costs for coal used to fuel the kilns that cure the lime ; as well as quickly escalating demand
for quicklime by the steel industry which is adding significant new capacity for the first time in many years .
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 Southeast Florida Governmental
Purchasing 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, and that the City Manager be authorized to app rove any
renewal option .
Fiscal Impact:
Based on our estimated use of approximately 1500 tons of quicklime annually , the City will be able to
account for projected budget costs for the ne xt three (3) years. The annual estimated cost to the City of
Tamarac for each of the three (3) years will be as follows for a total three (3) year cost of $2 ,224 ,375 :
FY 24 : $670 ,525 .00
FY 25 : $737,475.00
FY 26 : $816 ,375 .00
The percentage increase between FY 24 and FY 25 will be approximately 10%, and the percentage
increase between FY 25 and FY 26 will also be approximately 10%, which provides for budget
predictability for each of the three years. The Agreement provides for an economic adjustment provision
for the renewal term, which only allows for the pass-through of costs, and no increase to the profit margin.
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: John Doherty
Troy Gies
Earl Henry
Anthony Licata
CITY OF TAMARAC , FLORIDA
RESOLUTION NO . R-2023-_f_. ~
Temp Reso #140 19
Pa ge 1
Rev. 1 October 3 , 2 023
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC , FLORIDA , AUTHORIZING
T HE APP ROP RI A TE C ITY OF FI C IAL S TO AWAR D
BID #23-36 , "FURNISH , DELIVER AND DISCHARGE
OF QUICKLIME" TO , AND EXECUTE
AGREEMENTS WITH, LHOIST NORTH AMERICA
OF ALABAMA, LLC FOR THE CITY OF TAMARAC
AND AN ADDITIONAL TWENTY-THREE MEMBERS
OF THE SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE (CO-OP); AND WITH
CARMEUSE LIME AND STONE ON BEHALF OF
ONE · CO-OP MEMBER , THE CITY OF
HOLLYWOOD , FOR A PERIOD O F THREE (3)
YEARS WITH ONE ADDITIONAL THREE -YEAR
RENEWAL OPTION, PROVIDING FOR THE
EXTENSION AND RENEWAL OF THE
AGREEMENTS OR APPROVAL OF ASSIGNMENTS
AND OTHER AMENDMENTS TO THE
AGREEMENTS IN ACCORDANCE WITH THE
PROVISIONS OF THE AWARDED AGREEMENTS ,
AND EXPENDITURE OF APPROPRIATED FUNDS
BY THE CITY MANAGER OR APPROPRIATE CITY
OFFICIALS FOR A TOTAL CONTRACT COST TO
THE CITY OF TAMARAC OF APPROXIMATELY
$2 ,224 ,375 FOR THE THREE (3) YEAR TERM OF
THE AGREEMENT OR AS DETERMINED BY THE
ACTUAL USAGE OF THE PRODUCT UP TO THE
BUDGETED AMOUNT , PROVIDING FOR
CONFLICTS ; PROVIDING FOR SEVERABILITY ;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS , Florida Statutes provide that municipalities shall have the
governmental , corporate , and propriet ary powers to enable them to conduct
municipal government , perform municipal fun ctions , and render municipal
service , and exercise any powe r for municipal purposes , excep t when expressly
Temp Reso #14019
Page 3
Rev. 1 October 3, 2023
three (23) other members of the Co-op, with a copy of the bid submitted on file
with the City Clerk; and
WHEREAS, Carmeuse Lime and Stone was deemed the lowest
responsive and responsible bidder for high calcium granular quicklime for the
City of Hollywood, a member of the Co-op, with a copy of the bid submitted on
file with the City Clerk; and
WHEREAS, the City of Tamarac, acting as lead agency for the Co-op acts
on behalf of the Co-op when awarding contracts for quicklime; and
WHEREAS, 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 23-36B 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
one additional three (3) year renewal option on behalf of the City of Tamarac for
a total contract cost to the City of Tamarac of approximately $2,224,375 for the
three (3) year term of the Agreement or as determined by the actual usage of the
product up to the budgeted amount, and on behalf of twenty-three (23) other
agencies in the Co-op based on pricing provided in the Agreement; and
WHEREAS, it is the recommendation of the Director of Public Services
and the Purchasing and Contracts Manager that Bid 23-36B 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
Temp Reso #14019
Page 5
Rev. 1 October 3, 2023
findings of the City Commission and made a specific part of this Resolution; all
exhibits referenced and attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The award of Bid 23-36B, "Furnish, Deliver and
Discharge of Quicklime", to Lhoist North America of Alabama, LLC, on behalf of
the City of Tamarac for a total contract cost to the City of Tamarac of
approximately $2,224,375 for the three (3) year term of the Agreement or as
determined by the actual usage of the product up to the budgeted amount, and
on behalf of twenty-three (23) other agencies in the Co-op based on pricing
provided in the Agreement, 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
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) other agencies
within the Co-op.
SECTION 4: The award of Bid 23-36B, "Furnish, Deliver and
Discharge of Quicklime", to Carmeuse Lime and Stone, for the provision of high
calcium granular lime for the City of Hollywood, an agency in the Co-op, is
HEREBY AUTHORIZED.
SECTION 5: The appropriate City officials are hereby authorized to
execute an agreement with Carmeuse Lime and Stone as part of said award for
high calcium quicklime, a copy of which is attached hereto as Exhibit "3" for
Temp Reso #14019
Page 7
Rev. 1 October 3, 2023
PASSED, ADOPTED AND APPROVED this __ day of~-·-·,-~' --_1 ~;, __ 2023.
ATTEST:
KIMBERLY DJLLON, CMC
CITY CLERK
I t ,'
j"v/ {~fl/ ;/J._,/~~(!/__,, ~--~~' _ ;~-: -,.
\_ J'r.;:._
MICHELLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE:_.
MAYOR GOMEZ -/~~
DIST 1: VICE MAYOR BOLTON ---'-,.....--'--
DIST 2: COMM. WRIGHT •l~ .•.
DIST 3: COMM. VILLALOBOS ,_., /4
DIST 4: COMM. DANIEL ,.
... _/ ( ;--
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
HANS OTTINOT
CITY ATTORNEY
DELIVERED PRICE DELIVERED PRICE DELIVERED PRICE
PER TON YEAR 1 PER TON YEAR 2 PER TON YEAR 3
Lhoist City of Boynton Beach 1685 $ 446.95 $ 491.65 $ 540.81
Lhoist Broward County Dist. 1 2100 $ 446.95 $ 491.65 $ 540.81
Lhoist Broward County Dist. 2 4000 $ 446.95 $ 491.65 $ 540.81
Lhoist City of Coral Springs (1)1550 $ 446.95 $ 491.65 $ 540.81
Lhoist Town of Davie 750 $ 446.95 $ 491.65 $ 540.81
Lhoist City of Dania Beach 350 $ 446.95 $ 491.65 $ 540.81
Lhoist City of Deerfield Beach 1352 $ 446.95 $ 491.65 $ 540.81
Lhoist City of Fort Lauderdale (2)14000 $ 446.95 $ 491.65 $ 540.81
Lhoist City of Hallandale Beach (3)1000 $ 446.95 $ 491.65 $ 540.81
Lhoist City of Lake Worth Beach 525 $ 446.95 $ 491.65 $ 540.81
Lhoist City of Lauderhill 1825 $ 446.95 $ 491.65 $ 540.81
Lhoist City of North Lauderdale 670 $ 446.95 $ 491.65 $ 540.81
Lhoist City of North Miami 1150 $ 448.38 $ 493.22 $ 542.54
Lhoist Village of Palm Springs 600 $ 451.23 $ 496.36 $ 545.99
Lhoist Village of Palm Springs 600 $ 451.23 $ 496.36 $ 545.99
Lhoist City of Pompano Beach 2200 $ 446.95 $ 491.65 $ 540.00
Lhoist City of Riviera Beach 1200 $ 451.23 $ 496.36 $ 545.99
Lhoist City of Sunrise 2500 $ 446.95 $ 491.65 $ 540.81
Lhoist City of Sunrise 500 $ 446.95 $ 491.65 $ 540.81
Lhoist Village of Wellington 1330 $ 449.79 $ 494.77 $ 544.25
Lhoist City of Delray Beach 3650 $ 446.95 $ 491.65 $ 540.81
VENDOR
EXHIBIT A: UNIT PRICING PROVIDED IN BID AS OF SEPTEMBER 12, 2023 FOR AWARDED AGENCIES
AGENCY ANNUAL
USAGE
TABLE 2 -- TYPE 1A – Foundry/ Rice Lime
TABLE 1 -- Type 1 – Pebble Lime
Lhoist City of Hollywood 2400 $ 446.95 $ 491.65 $ 540.81
Lhoist City of Margate 2000 $ 446.95 $ 491.65 $ 540.81
Lhoist City of North Miami Beach 3000 $ 448.38 $ 493.22 $ 542.54
Lhoist City of Pembroke Pines 4200 $ 446.95 $ 491.65 $ 540.81
Lhoist City of Tamarac 1500 $ 446.95 $ 491.65 $ 544.25
Lhoist City of West Palm Beach 5200 $ 449.79 $ 494.77 $ 544.25
Lhoist City of Hollywood 5550 $ 540.55 $ 594.61 $ 654.07
Carmeuse Lime &
Stone City of Hollywood 5550 475.00$ 498.75$ 523.68$
***Carmeuse Lime & Stone declined to bid on any items other than Table 3 - Type 2 - Hi Cal
Granular***
TABLE 3 -- TYPE 2 -- Hi CAL Granular
City of Tamarac
TAMARAC
~
The City For Your Life
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AN D
LHOIST NORTH AMERICA OF ALABAMA, LLC.
Purchasing and Contracts Division
THIS AGREEMENT is made and entered into this (L~ay of {Jc..,(--r:::&s,'L-, 20;l.3 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 corporation with principal offices located at 5600 Clearfork Main Street, Suite 300,
Fort Worth, Texas 76109 (the "Contractor") to provide for Furnishing, Delivery and Discharge
of Quicklime .
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. 23-36B , "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 . 23-36B , "Furnish Deliver and Discharge Quicklime",
as issued by the City, and the Contractor's Proposal , Bid Document No. 23-36B, 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 23 -36B,
"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
1
City of Tamarac
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 and provide the "Contractor Pass
Request Form" (See attached Appendix A to Bid Document No. 23-36B),
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:
2
City of Tamarac
TAMARAC
~
The City For Your Life
o General Liability -$1 M per occ. / $2M aggregate
o Automobile -$1 M per occ. / $1 M aggregate
o Workers Comp -Statutory
Purchasing and Contracts Division
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 contract term shall be for an initial period of three (3) years, beginning November 1, 2023. The
City reserves the right to renew the contract for one additional three (3) year period or up to three
(3) additional (1) year periods, whichever is in the best interest of the City and the Southeast
Florida Governmental Purchasing Cooperative providing all parties agree to the extension and
renewal terms. In the event that the agreement is set to expire, and no replacement agreement
is in place, the Agreement shall continue on a month-to-month basis until a new Agreement is in
place for a period of not to exceed six (6) months from the original date of scheduled expiration.
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, F.O.B. Destination. The Contract
sum includes all labor, materials and freight charges for the job also known as Bid No. 23-36B,
"Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing
Cooperative entities listed in Contract Exhibit A. All Terms and Conditions, except product price,
freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the
contract, Pricing shown in Contract Exhibit A for the initial year of the Agreement shall be firm for
the period from November 1, 2023 through October 31, 2024; Pricing shown in Contract Exhibit
A for the second year of the Agreement shall be firm for the period from November 1, 2024 through
October 31, 2025 and Pricing shown in Contract Exhibit A for the third year of the Agreement
shall be firm from November 1, 2025 through October 31, 2026.
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 as
indicated in Exhibit A for each year of the contract for the periods from November
1, 2023 through October 31, 2024; November 1, 2024 through October 31, 2025
and November 1, 2025 through October 31, 2026.
5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking
fuel surcharges during the term of the contract. Such surcharges shall be updated
quarterly with notice being provided to the City as detailed in Section 5.2.3 herein.
5.2.1 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.
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5.2.2 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 .
5.2.3 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 #23-368. 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 .
5.2.4 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.
5.3 Adjustment of Price for the Effects of Government Action: Notwithstanding
anything else contained herein to the contrary , the price shall be adjusted for all
costs incurred by Supplier hereunder in order to comply with any Federal, State or
local law, regulation or order enacted, changed or amended after the Effective
Date including, without limitation, fuel and other taxes, laws, regulations or orders
relating to health , safety, conseNation, reclamation, environmental protection,
pollution control and air, water and soil standards but specifically excluding any
and all income taxes . Supplier warrants that, to its knowledge, it is currently in
compliance with all applicable laws, regulations or orders (except where
noncompliance would not have a material adverse effect on Supplier's
performance under this Agreement), and the costs incurred hereunder for such
compliance whether or not actually incurred have been included in the initial price.
In the event that any Federal, State or local law, regulation or order is enacted,
changed or amended after the date of this Agreement, Supplier shall determine
prospectively the cost per ton to Supplier of complying with such laws, regulations
or orders and advise Purchaser of such costs, verified by adequate supporting
documentation. The amount so determined shall be added to the payment price
as an adjustment to become effective as and when such costs are incurred by
Supplier. When the actual costs are known, Supplier shall provide Purchaser with
appropriate data showing net effect of change. This data shall be subject to
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Purchaser's audit. For this audit Supplier shall produce evidence of actual costs
within twelve months from institution of the additional charge and will either invoice
or credit Purchaser as appropriate for the difference between Supplier's initial
assessment and the results of the final determination of the audit.
5.4 Hardship: Notwithstanding anything else contained herein to the contrary, if
extraordinary circumstances beyond a party's reasonable control significantly
increase the cost of performance by such party of its obligations hereunder, upon
the request of the adversely affected party, the parties shall seek to adjust the
conditions of this Agreement in order to reasonably alleviate the effect of such
extraordinary circumstances upon the affected party. If the parties do not reach
an agreement with regard to adjusted conditions occasioned by such extraordinary
circumstances within thirty (30) days following the notification of the request, the
party adversely affected by the extraordinary circumstances shall have the right,
at its sole discretion, to terminate this Agreement upon thirty (30) days' notice to
the other party.
5.5 Pricing for Subsequent Renewal Terms: Contractor shall propose pricing for
renewal terms which shall be submitted to the City at least sixty (60) calendar days
prior to the expiration of the initial contract term. Contractor shall include with the
price proposal, justification and back-up materials which shall be used to validate
any price increase . Contractor may utilize recognized governmenUindustry indices
or combination of indices to be mutually agreed upon by the City and Contractor,
when determining price increases . Additionally, Contractor may include copies of
correspondence and invoices from suppliers of material, services and
transportation providers which may include, but not be limited to any additional
documentation which will provide validation for such increases. Contractor shall
also offer the City any decreases which may apply at the time of contract renewal.
Under no circumstances will the City allow for any increase to Contractor's profit
at the time of renewal. Increases shall reflect a direct pass-through of any
applicable costs .
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
23-368. All payments shall be governed by the Local Government Prompt Payment Act, F.S.,
Part VII ; Chapter 218.
7 Conditions of Material & Warranties
7.1. 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.
7.2. • Warranties. Supplier warrants that the Product shall conform to the
specifications set forth herein and shall be free and clear of all liens and
other encumbrances. SUPPLIER MAKES NO FURTHER WARRANTIES
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OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
INTENDED USE OR PURPOSE.
8 Indemnification
8.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits, actions,
damages, liability, and expenses (including attorneys' fees) in connection with loss
of life, bodily or personal injury, or property damage, including loss of use thereof,
directly or indirectly caused by, resulting from, arising out of or occurring in
connection with the operations of the Contractor or its officers, employees, agents,
subcontractors, or independent Contractors, excepting only such loss of life, bodily
or personal injury, or property damage solely attributable to the gross negligence
or willful misconduct of the City or its elected or appointed officials and employees.
The above provisions shall survive the termination of this Agreement and shall
pertain to any occurrence during the term of this Agreement, even though the claim
may be made after the termination hereof.
8.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
ii. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Contractor under the indemnification agreement.
8.3 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,
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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 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
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With a copy to the City Attorney at the same address:
CONTRACTOR
Lhoist North America of Alabama, LLC.
Dr. Phillip Niemann, President/ CEO
5600 Clearfork Main Street, Suite 300
Fort Worth, Texas, 76109
13 Termination
Purchasing and Contracts Division
13.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the terminating party to the
other party for such termination in which event the Contractor shall be paid its
compensation for services performed to termination date, including services
reasonably related to termination. In the event that the Contractor abandons this
Agreement or causes it to be terminated, Contractor shall indemnify the city
against loss pertaining to this termination.
13.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the
Contractor neglect or fail to perform or observe any of the material terms,
provisions, conditions, or requirements herein contained, if such neglect or failure
shall continue for a period of thirty (30) days after receipt by Contractor of written
notice of such neglect or failure.
14 Uncontrollable Forces
14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
of which, by the exercise of reasonable diligence, the non-performing party could
not avoid. The term "Uncontrollable Forces" shall mean any event which results in
the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party.
It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic,
war, riot, civil disturbance, sabotage, and governmental actions.
14.2 Neither party shall, however, be excused from performance if nonperformance is
due to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The nonperforming
party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party
describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
14.3 Hardship. Notwithstanding anything else contained herein to the contrary, if
extraordinary circumstances beyond a party's reasonable control significantly
increase the cost of performance by such party of its obligations hereunder, upon
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the request of the adversely affected party , the parties shall seek to adjust the
conditions of this Agreement in order to reasonably alleviate the effect of such
extraordinary circumstances upon the affected party. If the parties do not reach an
agreement with regard to adjusted conditions occasioned by such extraordinary
circumstances within thirty (30) days following the notification of the request, the
party adversely affected by the extraordinary circumstances shall have the right , at
its sole discretion, to terminate this Agreement upon thirty (30) days ' notice to the
other party.
15 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. SUPPLIER'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO
REPLACEMENT OF NON-CONFORMING PRODUCT OR REIMBURSEMENT OF
THE PURCHASE PRICE FOR SUCH NON-CONFORMING PRODUCT
16 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.
17 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.
18 Signatory Authority
The Contractor shall prov ide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
19 Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall,
as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof or affecting the validity or enforceability of such
provisions in any other jurisdiction. The non-enforcement of any provision by either party shall not
constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the
remainder of this Agreement.
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20 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.
21 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.
22 Scrutinized Companies --287.135 AND 215.473
22.1 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 .
22.2 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.
23 Public Records
23.1 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:
23.1.1 Keep and maintain public records required by the City in order to
perform the service;
23.1.2 Upon request from the City 's custodian of public records, provide the
public agency with a copy of the requested records or allow the reco rds
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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.
23.1.3 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.
23.1.4 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.
23.2 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.
24 E-Verify Compliance .
As a condition precedent to entering into this Agreement, and in compliance with Section
448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E-Verify
system to verify work authorization status of all employees hired after January 1, 2021.
Consultant shall require each of its subcontractors to provide Consultant with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part
of and pursuant to the records retention requirements of this Agreement. City, Consultant,
or any subcontractor/subconsultant who has a good faith belief that a person or entity with
which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions
of this section shall terminate the contract with the person or entity. City, upon good faith
belief that a subcontractor knowingly violated the provisions of this section; but Consultant
otherwise complied, shall promptly notify Consultant and Consultant shall immediately
terminate the contract with the subcontractor.
An agreement or contract terminated under the provisions of this section is not a breach of
contract and may not be considered such. Any agreement or contract termination under the
provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat.
Consultant acknowledges that upon termination of this Agreement by the City for a violation
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of this section by Consultant , Consultant may not be awa rded a public contract for at least
one (1) year . Consultant further acknowledges that Consultant is liable for any additional
costs incurred by the City as a result of termination of any contract for a violation of this
section . Consultant or subcontractor shall insert in any subcontracts the clauses set forth in
this section ; requiring the subcontractors to include these clauses in any lower tier
subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in this section .
25 Public Records Custodian
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature . CITY OF TAMARAC, signing by and through its Mayor
and City Manager, and CONTRACTOR, signing by and through its President / CEO duly
autho r ized to execute same .
CITY OF TAMARAC
1/{~tu:!6e;
Michee J. Gomez , Mayor
(o
Date
Date •
ttorney
Lhoist North America of Alabama, LLC.
Campa
Signature of Corporate Secr'filiry Philipp Niemann,
Dr. Philipp Niemann
ype/Print Name of Corporate Secy . Name of President/CEO
(CORPORATE SEAL)
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CORPORA TE ACKNOWLEDGEMENT
STATEOF IQ ,V,,f\:::,
COUNTY OF \O,.,,(\[f\'.Yrj
: ss
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 '1?h, Ii pp
C\)9,,r:oQ 'CID , of L'ozy-t 0o<\b !,\m,,V\1\1\ "k)ffil hJ roB, L \J ....
a D ~ L L L (. ~eratiurr, 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"':)) ~bo./ , 2022,.
RACHEL GALVAN
My Notary ID# 128343345
Expires July 30, 2026
14
~
Print, Type or Stamp
Name of Notary Public
_lg] Personally known to me or
D Produced Identification
Type of I.D . Produced
D DID take an oath, or
94J DID NOT take an oath.
City of Tamarac
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APPENDIX A
CONTRACTOR PASS REQU EST
Purc/w ing end Contracts D1v,s1on
TH IS FORM IS A VA ILABLE ON THE CITY'S ELECTRONIC SOLICITATION SIT E,
BIDS & TE N DERS, AND BIDDERS MUST PROVIDE INFORMATION IN THE
DESIGNATED AREA WITHIN THE BID DOCUM ENT. (BIDD E R MAY ADD
ADDIT IONAL ROWS.)
Vendor Name: ~u.:thfYV\ Ta.n tl-*an.sf!¥±
Vendor Address:
'8 o o w tvl L .._,Cl b eo \J ~ futvdr\, ✓ :t L, J
Vendor Contact Name: Mo. -ifhe...., Sw.a:brla---
Vendor Contact Phone Number: ___ fo""-3_"" 4-9 ....c..2 _._l ------'""2_..._8 ..... &,,.__o ________ _
List of Contractor Employees Requiring Entry to Facilities
(Attach copy of Picture Identification for all persons listed below)
Work to be Performed
23
Contract Exhibit A -Schedule of Prices
AGENCY DELIVERED PRICE DELIVERED PRICE DELIVERED PRICE
PER TON YEAR 1 PER TON YEAR 2 PER TON YEAR 3
Table 1 --TYPE 1 -Pebble Lime
City of Boynton Beach $ 446 .95 $ 491 .65 $ 540.81
Broward County Dist. 1 $ 446 .95 $ 491 .65 $ 540 .81
Broward County Dist. 2 $ 446 .95 $ 491 .65 $ 540.81
City of Coral Springs (1) $ 446 .95 $ 491 .65 $ 540 .81
Town of Davie $ 446 .95 $ 491 .65 $ 540 .81
City of Dania Beach $ 446 .95 $ 491 .65 $ 540.81
City of Deerfield Beach $ 446 .95 $ 491 .65 $ 540.81
City of Fort Lauderdale (2) $ 446 .95 $ 491 .65 $ 540.81
City of Hallandale Beach (3) $ 446 .95 $ 491.65 $ 540.81
City of Lake Worth Beach $ 446 .95 $ 491.65 $ 540.81
City of Lauderhill $ 446 .95 $ 491.65 $ 540.81
City of North Lauderdale $ 446 .95 $ 491 .65 $ 540.81
City of North Miami $ 448 .38 $ 493 .22 $ 542.54
Village of Palm Springs $ 451 .23 $ 496 .36 $ 545 .99
Village of Palm Sprinqs $ 451 .23 $ 496 .36 $ 545 .99
City of Pompano Beach $ 446 .95 $ 491 .65 $ 540 .00
City of Riviera Beach $ 451 .23 $ 496 .36 $ 545 .99
City of Sunrise $ 446 .95 $ 491 .65 $ 540.81
City of Sunrise $ 446 .95 $ 491.65 $ 540 .81
Village of Wellington $ 449 .79 $ 494.77 $ 544 .25
TABLE 2 --TYPE 1A-Foundry/ Rice Lime
City of Delray Beach $ 446 .95 $ 491.65 $ 540.81
City of Hollywood $ 446 .95 $ 491.65 $ 540.81
City of Margate $ 446 .95 $ 491.65 $ 540.81
City of North Miami Beach $ 448 .38 $ 493.22 $ 542.54
City of Pembroke Pines $ 446 .95 $ 491.65 $ 540.81
City of Tamarac $ 446 .95 $ 491.65 $ 544.25
City of West Palm Beach $ 449 .79 $ 494 .77 $ 544.25
City of Tamarac
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APPENDIX B
Purchas ing and Contracts Division
2023 TR UC K FU EL SU RC HARG E SCAL E
Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's
distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly.
• The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department
of Energy's DOE Retail On-Highway Diesel Price -US Average index may be found at:
published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found at
the following website: https://www .eia .gov/petroleum/gasdiesel/
• Percentages change .5% for every $0.05 per gallon price change
DIESEL FUEL PRICE
NATIONAL AVERAGE
$1 .75
$1.80
$1 .85
$1.90
$1.95
$2 .00
$2.05
$2.10
$2.15
$2.20
$2.25
$2.30
$2.35
$2.40
$2.45
$2.50
$2.55
$2.60
$2.65
$2 .70
$2.75
$2.80
$2.85
$2.90
$2.95
FS = % OF DIESEL FUEL PRICE FS = % OF
FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE
0 .00% $3 .00 13.00%
1.00% $3 .05 13.50%
1.50% $3.10 14.00%
2 .00% $3.15 14.50%
2.50% $3 .20 15.00%
3 .00% $3 .25 15.50%
3.50% $3.30 16.00%
4.00% $3.35 16.50%
4.50% $3.40 17.00%
5.00% $3.45 17.50%
5 .50% $3.50 18.00%
6.00% $3.55 18.50%
6.50% $3.60 19.00%
7.00% $3 .65 19.50%
7.50% $3 .70 20 .00%
8.00% $3.75 20.50%
8.50% $3.80 21 .00%
9.00% $3.85 21.50%
9 .50% $3.90 22.00%
10 .00% $3.95 22 .50%
10 .50% $4.00 23.00%
11.00% $4.05 23.50%
11.50% $4.10 24.00%
12.00% $4.15 24 .50%
12.50% $4.20 25 .00%
ATTACHMENT A: PARTICIPATING AGENCIES
Below is a list of the aaencies oarticioatinq in this bid and their respective delivery locations:
AGENCY DELIVERY ADDRESS CITY/ STATE/ ZIP CONTACT PHONE/ EMAIL
Type 1 -Pebble Lime
City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Fl: 33435 William Newsome 561-7426593 NewsomeW@bbfi.us
954-831-4115 Office 954-553-
0653 Mobile
Broward County Dist. 1A 3701 N. State Road 7 Lauderdale Lakes, Fl: 33319 Pedro Berrios pberrios@broward .erg
954-831-4115 Office 954-234-
Broward County Dist. 2A 1390 NE 5oth Street Deerfield Beach, Fl: 33064 Jose Otero 1034 Cell jotero@broward.org
954-345-2160
City of Coral Springs 3800 NW 85th Avenue Coral Springs Fl: 33065 Alvan Jones ajones@coralsprings.org
954-924-6808 ext. 3616
City of Dania Beach 1201 Stirlina Road Dania Beach, Fl 33004 Nate Costa ncosta@daniabeachfl.gov
Town of Davie 3500 NW 76th Ave Hollywood, Fl: 33024 Anand Maharaj 954-327-37 48
954-480-4368
City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach, Fl: 33442 Bakari Scott bscott@deerfieldbeach.com
954-828-7865
City of Ft. Lauderdale 949 NW 38th Street Ft. Lauderdale, Fl: Cesar Alza calza@fortlauderdale.gov
City of Hallandale Beach 630 NW 2nd. Street Hallandale Beach, Fl: 33009 J. Fawcett 954-457-1632 jfawcett@cohb.org
561-586-1713
City of Lake Worth Beach 301 College Street Lake Worth Beach:FL Garry Baker II gabaker@lakeworthbeachfl.gov
954-730-3057
City of Lauderhill 2101 NW 49th Avenue Lauderhill, Fl: Marc Celetti mceletti@lauderhillfl.gov
954-597-4757
City of North Lauderdale 841 NW71st.Avenue North Lauderdale:FI 33068 Neil Buckeridge nbuckeridge@nlauderdale.org
City of North Miami 12098 NW11th Avenue North Miami, Fl:
561-584-8200 ext. 8718
Village of Palm Springs 360 Davis Road Palm Springs, Fl: 33461 David Burgin dburgin@vpsfl.org
1561-584-~.!00 ext. 8718
Village of Palm Springs 5618 Basil Drive Boynton Beach, Fl: 33435 David Burgin dburgin@vpsfl.org
City of Pompano Beach 301 NE 12th Street Pompano Beach 954-545-7018
City of Riviera Beach 800 W. Blue Heron Blvd. Riviera Beach, Fl: 33404 David Salas 561-723-2741
954-572-2427
City of Sunrise 15400 Watermill Road Davie, Fl: 33331 Hugo Alagic halagic@sunrisefl.gov
954-572-2427
City of Sunrise 4350 springtree Drive Sunrise, Fl: 33351 Jose Alvarez jalvarez@sunrisefl.gov
561-791-4128
Village of Wellington 1100 Wellington Trace Wellington, Fl: 33414 Mike Zembrzuski mzembrzuski@wellingtonfl.gov
T ,pe 1A -Foundrv / Rice Lime
561-531-0817
City of Delray Beach 201 SW 7th Street Delray Beach, Fl: 33444 Bryan Heller hellerb@mydelraybeach.com
954-967-4230
City of Hollywood 3441 Hollywood Blvd. Hollwood, Fl: 33021 Luis Montoya lmontoya@hollwoodfl.org
954-972-0828
City of Margate 980 NW 66th Ave. Margate, Fl: 33063 Richard Uber ruber@margate.com
786-586-8395
City of North Miami Beach 19150 NW 8th Ave. Miami Gardens, Fl: 33169 Carlos Carrazana carlos.carrazana@citynmb.com
754-260-4505
City of Pembroke Pines 7960 Johnson Street Pembroke Pines, Fl: Michael Cepeda michael.cepeda@jacobs.com
954-597-3775 / 3777
City of Tamarac 7803 NW 61 st. Street Tamarac, Fl: 33321 Anthony Licata anthony.licata@tamarac.org
561-351-4555
lgalloway@wpb.org
Lester Galloway / 561-822-2290
City of West Palm Beach 1009 Banyan Blvd. West Palm Beach, Fl:33401 Sandra Feliciano sfeliciano@wpb.org
Citv of lomowc
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AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
CARMEUSE LIME AND STONE, INC.
ORIGINAL
JJ,u clwsing and C on t wct, LJivis ion
THIS AGREEMENT is made and entered into this !!~Y of Q::WB-GfL , 2~3 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 Pennsylvania corporation with principal offices located at 11 Stanwix Street. 21 st • Floor.
Pittsburgh. Pennsylvania. 15222 (the "Contractor") to provide for Furnishing. Delivery and
Discharge of Quicklime.
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. 23-36B, "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 . 23-36B , "Furnish Deliver and Discharge Quicklime",
as issued by the City, and the Contractor's Proposal, Bid Document No. 23-36B, 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 23-36B,
"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
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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 and provide the "Contractor Pass
Request Form" (See attached Appendix A to Bid Document No. 23-36B),
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:
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o General Liability -$1 M per occ. / $2M aggregate
o Automobile -$1 M per occ. / $1 M aggregate
o Workers Comp -Statutory
3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section
3.2 of this Agreement to any other organization in the Southeast Florida
Governmental Purchasing Cooperative, and shall provide those agencies with
their own Certificate of Insurance to validate coverage for their entity.
4. Term
The contract term shall be for an initial period of three (3) years, beginning November 1, 2023. The
City reserves the right to renew the contract for one additional three (3) year period or up to three
(3) additional (1) year periods, whichever is in the best interest of the City and the Southeast
Florida Governmental Purchasing Cooperative providing all parties agree to the extension and
renewal terms. In the event that the agreement is set to expire, and no replacement agreement
is in place, the Agreement shall continue on a month-to-month basis until a new Agreement is in
place for a period of not to exceed six (6) months from the original date of scheduled expiration.
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, F.O.B. Destination. The Contract
sum includes all labor, materials and freight charges for the job also known as Bid No. 23-36B,
"Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing
Cooperative entities listed in Contract Exhibit A. All Terms and Conditions, except product price,
freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the
contract, Pricing shown in Contract Exhibit A for the initial year of the Agreement shall be firm for
the period from November 1, 2023 through October 31, 2024; Pricing shown in Contract Exhibit
A for the second year of the Agreement shall be firm for the period from November 1, 2024 through
October 31, 2025 and Pricing shown in Contract Exhibit A for the third year of the Agreement
shall be firm from November 1, 2025 through October 31, 2026.
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 as
indicated in Exhibit A for each year of the contract for the periods from November
1, 2023 through October 31, 2024; November 1, 2024 through October 31, 2025
and November 1, 2025 through October 31, 2026.
5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking
fuel surcharges during the term of the contract. Such surcharges shall be updated
quarterly with notice being provided to the City as detailed in Section 5.2.3 herein.
5.2.1 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.
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/'111chos i ng our/ ( on1roc l s Division
5.2.2 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 .
5.2.3 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 #23-36B. 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 .
5.2.4 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.
5.3 Adjustment of Price for the Effects of Government Action: Notwithstanding
anything else contained herein to the contrary, the price shall be adjusted for all
costs incurred by Supplier hereunder in order to comply with any Federal, State or
local law, regulation or order enacted, changed or amended after the Effective
Date including, without limitation, fuel and other taxes, laws, regulations or orders
relating to health, safety, conservation, reclamation, environmental protection ,
pollution control and air, water and soil standards but specifically excluding any
and all income taxes. Supplier warrants that, to its knowledge, it is currently in
compliance with all applicable laws, regulations or orders (except where
noncompliance would not have a material adverse effect on Supplier's
performance under this Agreement), and the costs incurred hereunder for such
compliance whether or not actually incurred have been included in the initial price.
In the event that any Federal, State or local law, regulation or order is enacted,
changed or amended after the date of this Agreement, Supplier shall determine
prospectively the cost per ton to Supplier of complying with such laws, regulations
or orders and advise Purchase r of such costs , verified by adequate supporting
documentation. The amount so determined shall be added to the payment price
as an adjustment to become effective as and when such costs are incurred by
Supplier. When the actual costs are known, Supplier shall provide Purchaser with
appropriate data showing net effect of change. This data shall be subject to
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Purchaser's audit. For this audit Supplier shall produce evidence of actual costs
within twelve months from institution of the additional charge and will either invoice
or credit Purchaser as appropriate for the difference between Supplier's initial
assessment and the results of the final determination of the audit.
5.4 Hardship: Notwithstanding anything else contained herein to the contrary, if
extraordinary circumstances beyond a party's reasonable control significantly
increase the cost of performance by such party of its obligations hereunder, upon
the request of the adversely affected party, the parties shall seek to adjust the
conditions of this Agreement in order to reasonably alleviate the effect of such
extraordinary circumstances upon the affected party. If the parties do not reach
an agreement with regard to adjusted conditions occasioned by such extraordinary
circumstances within thirty (30) days following the notification of the request, the
party adversely affected by the extraordinary circumstances shall have the right,
at its sole discretion, to terminate this Agreement upon thirty (30) days' notice to
the other party.
5.5 Pricing for Subsequent Renewal Terms: Contractor shall propose pricing for
renewal terms which shall be submitted to the City at least sixty (60) calendar days
prior to the expiration of the initial contract term. Contractor shall include with the
price proposal, justification and back-up materials which shall be used to validate
any price increase. Contractor may utilize recognized government/industry indices
or combination of indices to be mutually agreed upon by the City and Contractor,
when determining price increases. Additionally, Contractor may include copies of
correspondence and invoices from suppliers of material, services and
transportation providers which may include, but not be limited to any additional
documentation which will provide validation for such increases. Contractor shall
also offer the City any decreases which may apply at the time of contract renewal.
Under no circumstances will the City allow for any increase to Contractor's profit
at the time of renewal. Increases shall reflect a direct pass-through of any
applicable costs.
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
23-36B. All payments shall be governed by the Local Government Prompt Payment Act, F.S.,
Part VII; Chapter 218.
7 Conditions of Material & Warranties
7.1. 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.
7.2. Warranties. Supplier warrants that the Product shall conform to the
specifications set forth herein and shall be free and clear of all liens and
other encumbrances. SUPPLIER MAKES NO FURTHER WARRANTIES
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OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
INTENDED USE OR PURPOSE.
7 Indemnification
8.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits, actions,
damages, liability, and expenses (including attorneys' fees) in connection with loss
of life, bodily or personal injury, or property damage, including loss of use thereof,
directly or indirectly caused by, resulting from, arising out of or occurring in
connection with the operations of the Contractor or its officers, employees, agents,
subcontractors, or independent Contractors, excepting only such loss of life, bodily
or personal injury, or property damage solely attributable to the gross negligence
or willful misconduct of the City or its elected or appointed officials and employees.
The above provisions shall survive the termination of this Agreement and shall
pertain to any occurrence during the term of this Agreement, even though the claim
may be made after the termination hereof.
8.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
ii. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Contractor under the indemnification agreement.
8.3 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.
8 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,
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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.
9 Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties.
It is the intent of the Parties that the Contractor is an independent contractor under this Agreement
and not the City's employee for any purposes, including but not limited to, the application of the
Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution
Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal
Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance
law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contractor's activities and responsibilities hereunder provided, further that
administrative procedures applicable to services rendered under this Agreement shall be those
of Contractor, which policies of Contractor shall not conflict with City, State, or United States
policies, rules or regulations relating to the use of Contractor's funds provided for herein. The
Contractor agrees that it is a separate and independent enterprise from the City, that it had full
opportunity to find other business, that it has made its own investment in its business, and that it
will utilize a high level of skill necessary to perform the work. This Agreement shall not be
construed as creating any joint employment relationship between the Contractor and the City and
the City will not be liable for any obligation incurred by Contractor, including but not limited to
unpaid minimum wages and/or overtime premiums.
10 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.
11 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
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With a copy to the City Attorney at the same address:
CONTRACTOR
Carmeuse Lime and Stone, Inc.
Yves Willems, President/ CEO
11 Stanwix Street, 21 st . Floor
Pittsburgh, Pennsylvania, 15222
12 Termination
13.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the terminating party to the
other party for such termination in which event the Contractor shall be paid its
compensation for services performed to termination date, including services
reasonably related to termination. In the event that the Contractor abandons this
Agreement or causes it to be terminated, Contractor shall indemnify the city
against loss pertaining to this termination.
13.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the
Contractor neglect or fail to perform or observe any of the material terms,
provisions, conditions, or requirements herein contained, if such neglect or failure
shall continue for a period of thirty (30) days after receipt by Contractor of written
notice of such neglect or failure.
14 Uncontrollable Forces
14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
of which, by the exercise of reasonable diligence, the non-performing party could
not avoid. The term "Uncontrollable Forces" shall mean any event which results in
the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party.
It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic,
war, riot, civil disturbance, sabotage, and governmental actions.
14.2 Neither party shall, however, be excused from performance if nonperformance is
due to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The nonperforming
party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party
describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
14.3 Hardship. Notwithstanding anything else contained herein to the contrary, if
extraordinary circumstances beyond a party's reasonable control significantly
increase the cost of performance by such party of its obligations hereunder, upon
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h,rd1osinp ond (ol}f:u( ts U!vi.•,iun
the request of the adversely affected party, the parties shall seek to adjust the
conditions of this Agreement in order to reasonably alleviate the effect of such
extraordinary circumstances upon the affected party. If the parties do not reach an
agreement with regard to adjusted conditions occasioned by such extraordinary
circumstances within thirty (30) days following the notification of the request, the
party adversely affected by the extraordinary circumstances shall have the right, at
its sole discretion, to terminate this Agreement upon thirty (30) days' notice to the
other party.
15 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. SUPPLIER'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO
REPLACEMENT OF NON-CONFORMING PRODUCT OR REIMBURSEMENT OF
THE PURCHASE PRICE FOR SUCH NON-CONFORMING PRODUCT
16 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.
17 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.
18 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.
19 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.
9
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The City For Your Life
20 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.
21 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.
22 Scrutinized Companies --287.135 AND 215.473
22.1 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.
22.2 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.
23 Public Records
23.1 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:
23.1.1 Keep and maintain public records required by the City in order to
perform the service;
23.1.2 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
10
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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.
23.1.3 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.
23.1.4 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.
23.2 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.
24 E-Verify Compliance
As a condition precedent to entering into this Agreement, and in compliance with Section
448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E-Verify
system to verify work authorization status of all employees hired after January 1, 2021.
Consultant shall require each of its subcontractors to provide Consultant with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part
of and pursuant to the records retention requirements of this Agreement. City, Consultant,
or any subcontractor/subconsultant who has a good faith belief that a person or entity with
which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions
of this section shall terminate the contract with the person or entity. City, upon good faith
belief that a subcontractor knowingly violated the provisions of this section; but Consultant
otherwise complied, shall promptly notify Consultant and Consultant shall immediately
terminate the contract with the subcontractor.
An agreement or contract terminated under the provisions of this section is not a breach of
contract and may not be considered such. Any agreement or contract termination under the
provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat.
Consultant acknowledges that upon termination of this Agreement by the City for a violation
11
TAMARAC
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The City For Your Life
of this section by Consultant, Consultant may not be awarded a public contract for at least
one (1) year. Consultant further acknowledges that Consultant is liable for any additional
costs incurred by the City as a result of termination of any contract for a violation of this
section. Consultant or subcontractor shall insert in any subcontracts the clauses set forth in
this section; requiring the subcontractors to include these clauses in any lower tier
subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in this section.
25 Public Records Custodian
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
12
(itv of lama, oc
TAMARAC
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The City For Your Life
l'u ,cl,using und ( ontrocts 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 President / CEO duly
authorized to execute same.
CITY OF TAMARAC
~c:Jc:J /
Michelle.'.J. Gomez,Mayor ~
Date
o form and legal sufficiency:
s ' t mot, City Attorney
I() /6/:;2-s
dat f j
Carmeuse Lime and Stone, Inc.
Name of..P~~i ideF1t / Gl!:O V "f>-~/?~'1~~
9µo/_2!$
(CORPORATE SEAL) Date
13
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The City For Your Life
CORPORATE ACKNOWLEDGEMENT
l'urclin.~ing and ( on t rr;c ts o,viswn
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 v.!A"'t"~~
a
~!~. , of Cu,w'l,(S&, t;~,:,_µ,.,.,,, /'?b .
~-__ .,. -~ h __ .... ~'""'~""'-'--"'~""'~----'-,:;, __ 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~~ of 1 --? _
Commonwealth of Pennsylvania • Notary Seal
Dana Brooks. Notary Public Signature of Notary Public
AlleghenyCounty S of.£1 ·eta ~ L "
My commission expires December 31 , 2025 tate ~;;~.,J..J'"; ~
Commission number 1281017 d //•
Member, Pennsylvania Association of Notaries \ ~,M vr_,e,'1:.f'
Print, Type or Stamp
Name of Notary Public
~ Personally known to me or
D Produced Identification
~
Type of I.D . Produced
~ DID take an oath, or
0 DID NOT take an oath .
14
Exhibit A -Schedule of Prices
AGENCY ANNUAL DELIVERED PRICE DELIVERED PRICE DELIVERED PRICE
USAGE PER TON YEAR 1 PER TON YEAR 2 PER TON YEAR 3
City of Hollywood 5550 $ 475.00 $ 498.75 $ 523.68
ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY)
~ 1/1/2024 12/22/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy{les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Lockton Companies CONTACT
NAME:
Three City Place Drive, Suite 900 rn~N,t ...... I rffc Nol: St. Louis MO 63141-7081 E-MAIL
(314) 432-0500 ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A: State National Insurance Company, Inc. 12831
INSURED Carmeuse Lime, Inc. and all subsidiaries INSURER B: National Union Fire Ins Co Pitts. PA 19445
1356795 11 Stanwix Street, 21st Floor INSURER c : AIU Insurance Comoanv 19399
Pittsburgh PA 15222 INSURERD:
INSURER E:
INSURER F:
COVERAGES CARMU CERTIFICATE NUMBER· 12043280 REVISION NUMBER· xxxxxxx
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICYEFF ,:ID-J%}'My, LTR TYPE OF INSURANCE ,uon =m POLICY NUMBER (MM/DDNYYYI LIMITS
A X COMMERCIAL GENERAL LIABILITY y N RDN-11242-CGX 1/1/2023 1/1/2024 EACH OCCURRENCE $ 1000000
~ [iJ CLAIMS-MADE □ OCCUR
DAMAGE TO RENTED
$ 500 000 PREMISES (Ea occurrence\
~
MED EXP (Any one person) $ 15 000
PERSONAL & ADV INJURY $ I 000 000
~
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000
~ □PRO-DLoc PRODUCTS -COMP/OP AGG $ 2 000 000 POLICY JECT
OTHER: $
B AUTOMOBILE LIABILITY N N 8682553 ~AOS) 1/1/2023 1/1/2024 ~~~~~~~tflNGLE LIMIT $ 2 000 000 B -8682554 VA) 1/1/2023 1/1/2024
C .x. ANY AUTO 8682555 MA) 1/1/2023 1/1/2024 BODILY INJURY (Per person) $ xxxxxxx
OWNED -SCHEDULED BODILY INJURY (Per accident} $ xxxxxxx -AUTOS ONLY ~ AUTOS
HIRED NON-OWNED iP~~~~~1~AMAGE $ xxxxxxx AUTOS ONLY AUTOS ONLY --
$ xxxxxxx
A JL UMBRELLA LIAB HOCCUR N N RDN-11243-UMX 1/1/2023 1/1/2024 EACH OCCURRENCE $ 5 000 000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5 000.000
DED I I RETENTION$ $ xxxxxxx
WORKERS COMPENSATION N I
PER I
I
OTH-
C AND EMPLOYERS' LIABILITY WC 067713193 (AOS) 1/1/2023 1/1/2024 X STATUTE ER
C ANY PROPRIETOR/PARTNER/EXECUTIVE
Y/N WC067713192 WI) 1/1/2023 1/1/2024 I 000.000 [m E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory In NH) E.L. DISEASE • EA EMPLOYEE $ 1000000
g~S~~rtf[g'~ ~n~ciPERA TIONS below E.L. DISEASE· POLICY LIMIT $ I 000 000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space la required)
CITY OF TAMARAC JS ADDITIONAL INSURED UNDER GENERAL LIABILITY AS REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER
12043280
CITY OF TAMARAC
ATTN: KEITH K. GLATZ
7525 NW 88TH AVENUE
TAMARAC FL 33321
CANCELLATION See Attachment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
·-·
N. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Attachment Code: D545910 Master JD: I 356795, Certificate ID: 12043280
CITY OF TAMARAC ATTN: KEITH K. GLATZ
7525 NW 88TH AVENUE
TAMARAC FL 33321
To whom it may concern:
0
LOCKTOtl
In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning
to paperless delivery of Certificates of Insurance.
To ensure electronic delivery for future renewals of this certificate, we need your email address.
Please contact us via one of the methods below, referencing Certificate ID 12043280.
•Email: STL-edelivery@lockton.com
•Phone: (866) 728-5657 (toll-free)
If you received this certificate through an internet link where the current certificate is viewable,
we have your email and no further action is needed.
In the event your mailing address has changed, will change in the future, or you no longer
require this certificate, please let us know using one of the methods above.
The above inbox is for providing e-Delivery email addresses for next year's renewal
certificates ONLY. Your information will be input within 90 days.
Thank you for your cooperation and willi_ngness in reducing our environmental footprint.
Lockton Companies
Lockton Companies
DocuSign Envelope ID: 07809635-C84F-4B2C-8C4B-9114B10ABBEF
UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
CARMEUSE LIME & STONE, INC.
The undersigned, being all of the members of the Board of Directors of Carmeuse Lime &
Stone, Inc., a Delaware Corporation (the "Corporation"), do hereby vote for, consent to, authorize
and adopt the following resolutions by unanimous written consent pursuant to Section 14l(t) of
the Delaware General Corporation Law, with the same force and effect as if the undersigned had
been present at a meeting of the Board of Directors of the Corporation and had voted for the same:
WHEREAS, the Corporation desires to restate its entire list of officers in order to reflect
changes in the management of the Corporation;
RESOLVED, that the following persons be, and they hereby are, elected to the offices set
forth opposite their names below and to hold such offices until their successors have been duly
elected and qualified:
Yves Willems
Jack Fahler
Jose Voisin
Jonathan Bright
Jeff Bittner
Melissa Croll
Alain Baert
Phil Piggott
Eric Segal
Mary D. Colin
Nicholas Bonarrigo
David Mikan
President and CEO
Chief Operating Officer
Chief Information Officer
Vice President, Finance
Senior Vice President, Operations
Vice President, Human Resources
Vice President, Engineering
Vice President, Sales and Marketing
Vice President, Supply Chain
Treasurer, Assistant Secretary
VP Legal and Environmental, General Counsel and
Secretary
Tax Director
RESOLVED, that the above elected officers do hereby replace and supplant the previous
officers of the Corporation, and the elected officers do hereby commence to serve as officers of the
Corporation from the date hereof;
RESOLVED, that the officers of the Corporation be, and they hereby are, authorized to do
or cause to be done any and all such acts and things and execute and deliver any and all documents
and papers as they may deem necessary or appropriate to carry out the purposes of the foregoing
reso 1 uti ons;
RESOLVED, that a copy of this Unanimous Written Consent of the Board of Directors be
delivered to the Secretary of the Corporation with direction that it be filed and maintained with the
corporate records of the Corporation.
1
Do cuSign Envelope ID : 07809635-C84F -4B2C-8C4B-9114B10ABBEF
IN WITNESS WHEREOF , the undersigned have executed this Unanimous Written
Consent of the Board of Directors as of the 15 1 Day of January, 2023.
Yves Willems
liOocuSlgned by:
~38:~
Jack Fahler
Being all the Directors of Carmeuse Lime &
Stone, Inc.
[S ignatur e Page to Unanimous Consent in Writing of th e Board of Directors ofCarmeuse Lime & Stone, Inc.]