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Home My WebLink AboutCity of Tamarac Resolution R-2014-083Temp. Reso. #12526 July 22, 2014 Page 1 of 5 Revision 1, August 5, 2014 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014-- Y3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE AMENDMENT #2 TO THE AGREEMENT FOR "LIME SLUDGE REMOVAL, HAULING AND DISPOSAL" WITH AUSTIN TUPLER TRUCKING, INC., TO EXERCISE THE SECOND TWO-YEAR RENEWAL OPTION FOR "LIME SLUDGE REMOVAL, HAULING AND DISPOSAL" AT A COST OF $11.04 PER CUBIC YARD; AUTHORIZING AN EXPENDITURE OF FUNDS FOR AN ESTIMATED ANNUAL AMOUNT OF $110,400, AND AUTHORIZING CONTRACT ESCALATION/DE-ESCALATION AS PROVIDED UNDER THE AGREEMENT BEGINNING OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2016; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, lime sludge is a by-product of the water treatment process and must be removed, hauled and disposed of from the City's Water Treatment Plant; and WHEREAS, the City Commission of the City of Tamarac awarded an agreement to Austin Tupler Trucking, Inc., via Resolution #R-2010-108 on August 25, 2010 in response to a publicly advertised Bid #10-18B "Lime Sludge Removal, Hauling and Disposal", a copy of said resolution and original bid file are on file with the City Clerk; and WHEREAS, the original agreement provides for the exercising of two (2) two-year renewal options based on receipt of satisfactory service and upon mutual agreement of the Temp. Reso. #12526 July 22, 2014 Page 2 of 5 Revision 1, August 5, 2014 City of Tamarac and Austin Tupler Trucking, Inc.; and WHEREAS, Austin Tupler Trucking, Inc., has provided satisfactory service to the City, and the City and Austin Tupler Trucking, Inc., wishes to exercise the second two-year renewal option; and WHEREAS, pursuant to Section 6 of the special conditions of the original Bid #10- 18B, the contract provides for an escalation/de-escalation of prices; and and WHEREAS, the cost of disposal per cubic yard has remained constant at $11.04; WHEREAS, sufficient funds are available from the Public Services Department Utilities Water Treatment Plant Operating funds; and WHEREAS, it is the recommendation of the Director of Public Services, the Assistant Director of Utilities and the Purchasing & Contracts Manager that the City Temp. Reso. #12526 July 22, 2014 Page 3of5 Revision 1, August 5, 2014 exercise the second two-year renewal option of the agreement for"Lime Sludge Removal, Hauling and Disposal" with Austin Tupler Trucking, Inc., for a period beginning October 1, 2014 through September 30, 2016, at a unit price of $11.04 per cubic yard; and a WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to approve Amendment #2 to the agreement, a copy of which is included herein as "Exhibit 1 ", to exercise the second two-year renewal option award of the agreement for "Lime Sludge Removal, Hauling and Disposal" with Austin Tupler Trucking, Inc., for a period beginning October 1, 2014 through September 30, 2016, at a unit price of $11.04 per cubic yard for an estimated annual amount of $110,400. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION L The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and the exhibit attached hereto is incorporated herein and made a specific part of this resolution. Temp. Reso. #12526 July 22, 2014 Page 4 of 5 Revision 1, August 5, 2014 SECTION 2: The appropriate City Officials are hereby authorized to approve Amendment #2 to the agreement, a copy of which is included herein as "Exhibit 1", to exercise the second two-year renewal option award of the agreement for "Lime Sludge Removal, Hauling and Disposal" with Austin Tupler Trucking, Inc., for a period beginning October 1, 2014 through September 30, 2016, at a unit price of $11.04 per cubic yard for an estimated annual amount of $110,400. SECTION I An expenditure for an estimated annual amount of $110,400 beginning October 1, 2014 through September 30, 2016, and authorizing escalation/de- escalation provisions as provided under the agreement is hereby authorized. SECTION 4: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: passage and adoption. Temp. Reso. #12526 July 22, 2014 Page 5of5 Revision 1, August 5, 2014 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this �7day of aa5z� 2014. ESSLER, MAYOR ATTEST: RAT IQ-, fA 1. E. E L -_ ,CITY;Ct_ERf(, CMC RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNCLL� DIST 2: V/M GOMEZ DIST 3: COMM. GLAS R DIST 4: COMM. PLACKO i_ I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM 4y EL S. GOREN 'CITY ATTORNEY PURCHASING AND CONTRACTS DIVISION July 7, 2014 Mr. Glen Tupler President Austin Tupler Trucking, Inc. 6570 NW 47t" Court Davie, FL 33321 RE: Agreement Renewal Bid No. 10-18B, Lime Sludge Removal, Hauling and Disposal Dear Mr. Tupler: The City's Agreement with your company to provide lime sludge removal, hauling and disposal will expire on September 30, 2014. The original agreement, effective October 1, 2010, provides for two (2) additional two-year renewals. This is the second rene-.val of the subject contract. Please advise if a two-year extension would be acceptable to your company by checking the appropriate box below. Please be sure that this document is fully executed by the person designated on the attached signature page and by your company's Corporate Secretary. In addition, please ensure that the Corporate Acknowledgement is fully notarized. Please return the two (2) original documents to the Purchasing & Contracts Division by no later than July 24, 2014. Sincerely, , Vrk ...... - Keith K. Glatz, CPPO Purchasing & Contracts Manager I hereby agree to a two-year extension of the agreement between Austin Tupler Trucking, Inc. and the City of Tamarac for lime sludge removal, hauling and disposal for the term October 1, 2014 — September 30, 2016, at the same terms and conditions. ❑ I am unable to provide atwo-year extension of the subject contract. �sro 5- r� 7525 NW 33th Avenue I Tamarac, Florida 33321-2491 I P: 954.597,3570 I F 954.597.3555 EQUAL OPPORTUNITY 00PLOYER 1-ft -four AMENDMENT ##2 TO AGREEMENT BETWEEN THE CITY of TAMARAC AND AUSTIN TUPLER TRUCKING, INC. The CITY OF TAMARAC ("City") and AUSTIN TUPLER TRUCKING, INC., a Florida Corporation with principal offices located at 6570 S.W. 47th Court, Davie, Florida 33314 (Contractor) agree to execute Amendment #2 to the original Agreement dated providing for Lime Sludge Hauling and Disposal Services as follows: 1. Per the terms of Section 4 of the original Agreement which was effective October 1, 2010, the City and Contractor agree to exercise the first renewal option for a term effective October 1, 2014 through September 30, 2016. 2. Section 4 of the Agreement shall be amended as follows: 3) Time of Commencement and Substantial Completion The term of this Agreement shall be for two years, beginning on September 1 2016. --- - - -- + .. -- mart' — .. - -- - - - - --- - I LlvVAL LWXW - - - 0 - — - - — — — - - - — - RISM&T—MmEaRm- r — - — — - • — •. - - — — - All other provisions of the original Agreement, as amended, remain in effect as written. T?wCm� FM T"iLft IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor and its City Manager, and Austin Tupler Trucking, Inc., signing by and through its President, duly authorized to execute same. ATTEST: G Patricia A. Teufel, CIVIC City Clerk F ATTEST: Austin W. Tupler Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY F TAMARAC d" Harry Dressler, Mayor D to Michael C. Cernech, City Manager 9 -0 ;)ww/e0/0'0 Approved as to form and legal sufficiency: a SamuelfS. Goren, City Attorney 1 2Co Date Austin Tupler Trucking, Inc. Company Name Signatur GlenTupler, President Type/Print Name of President July 16., 2014 Date c a CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sate aforesaid and in the County aforesaid to take acknowledgments, personally appeared Glen Tupler, President of Austin Tupler Trucking, Inc. a Florida 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 16 t h day of July , 2014. 4eor'!% Notary Public State Of F`1( 10da usin M Hammond E.� • remission FEE 877372 OF nature of Notary Public �tate of Florida at Large Print, Type or Stamp Name of Notary Public Personally known to me or F-1 Produced Identification Type of I. D. Produced ❑ .. DID take an oath, or DID NOT take an oath.