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Home My WebLink AboutCity of Tamarac Resolution R-2012-129Temp. Reso. #12248 August 29, 2012 Page 1 of 5 CITY OF TAMARAC, FLORIDA r RESOLUTION NO. R-2012- C2-1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE AMENDMENT #1 TO THE AGREEMENT FOR "LIME SLUDGE REMOVAL, HAULING AND DISPOSAL WITH AUSTIN TUPLER TRUCKING, INC., TO EXERCISE THE FIRST TWO-YEAR RENEWAL OPTION FOR LIME SLUDGE REMOVAL, HAULING AND DISPOSAL; AUTHORIZING A PRICE ESCALATION OF $1.25 PER CUBIC YARD, RESULTING IN A CHANGE OF COST FROM $9.79 PER CUBIC YARD TO $11.04 PER CUBIC YARD; AUTHORIZING AN EXPENDITURE OF FUNDS FOR AN AMOUNT NOT TO EXCEED $121 440-00 ANNUALLY, AND AUTHORIZING CONTRACT ESCALATION/DE-ESCALATION AS PROVIDED UNDER THE AGREEMENT BEGINNING OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2014, NUNC PRO TUNC, WITH ONE (1) ADDITIONAL TWO-YEAR RENEWAL OPTION REMAINING; 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 Temp. Reso. # 12248 August 29, 2012 Page 2 of 5 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 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 first 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 WHEREAS, the cost of disposal has increased by $25.00 for a truckload, for a net increase of $1.25 per cubic yard as a result of the closing of the current delivery location, which requires the use of a new delivery 3 location at a higher price, a copy of said documentation included herein as Exhibit 1; and WHEREAS, this increase results in a change of the unit cost per cubic yard from $9.79 to $11.04; and WHEREAS, sufficient funds are available from the Public Services Department Utilities Water Treatment Plant Operating funds; and Temp. Reso. # 12248 August 29, 2012 Page 3 of 5 WHEREAS, it is the recommendation of the Director of Public Services, the Water Plant Superintendent and the Purchasing & Contracts Manager that the City exercise the first 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, 2012 through September 30, 2014, nunc pro tuns, with one (1) additional two-year renewal option remaining, at a unit price of $11.04 per cubic yard; and 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 #1 to the agreement, a copy of which is included herein as Exhibit 2, to exercise the first 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, 2012 through September 30, 2014, nunc pro tunc, with one (1) additional two-year renewal option remaining, at a unit- price of $11.04 per cubic yard in an amount not to exceed $121,440.00 annually. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: Temp. Reso. #12248 August 29, 2012 Page 4 of 5 The appropriate City Officials are hereby authorized to approve Amendment #1 to the agreement, a copy of which is included herein as Exhibit 2, to exercise the first 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, 2012 through September 30, 2014, nuns pro tuns, with one (1) additional two- year renewal option remaining, at a unit price of $11.04 per cubic yard in an amount not to exceed $121,440-00 per year. SECTION 3: An expenditure for an amount not to exceed $121,440.00 annually beginning October 1, 2012 through September 30, 2014, nunc pro tuns, 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. # 12248 August 29, 2012 Page 5 of 5 This Resolution shall become effective immediately upon its 2 PASSED, ADOPTED AND APPROVED this d 9-day of PatrY 2012. MAYOR ATTEST: .. PATRICIA TEUFEIL; CPJIC INTERIM CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHN L DIST 2: COMM. GOMEZ DIST 3: V/M GLASSER__ �� DIST 4: COMM. DRESSLE MA-4� HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM t4AMUEL S. GOREN ITY ATTORNEY BROWARD 954-583-0801 MIAMI-DADE` 3(b-949-4148 PALM BEM."[1: 561-732-3602 FAX :954-583-0844 - i . iiij,�Ai,sot August 8, 2012 Keith_Glatz ...... ....1-1.1 .............. - ..................... Purchasing & Contracts Manager City of Tamarac 7525 NW 88"' Ave Tamarac, Fl 33321 AUSTIN INC, RE: BID #10-1 8B, Lime Sludge Removal, Hauling and Disposal 6570 S.W. 47"" COURT 11A V IF"F1 � 3133114 I 12.555 131S(.*.`AYN1` Y�INV) M4i NORTH MIAMI, [1,33191 3359 FAIIINFDY.Y.F RD, SI)ITE' C WI:'ST PALM BF"ACH F1, 3.3406 EXHIBIT #1 TR #12248 Dear Mr. Matz: As per our contract, Page 12 — Item 6: Contract Escalation/De-Escalation, I'm including a letter iron) 0 David Barron .,and Development, Inc., our current dump site which is closing down. I'm also submitting a copy of our invoice showing the current dump fee which is $25.00 per load. Our new dump site is at $50 .00 per load, see letter from Westwind. I'm also including two invoices for other water plant jobs showing that the current price is $50.00 per load. The difference between the two dump sites is $25.00 per load.* $25.00 divided by 20 yards per tri-axle truck load is $1.25 per yard. We are hereby requesting an increase of $1.25 per yard to our cut -rent price of $9.79 per yard which will equal $11.04 per yard. We have other costs associated with this because Florida tolls were increased on June 24, 2012 and the new dump site is further away than the original source. In order to make this as easy as possible we are only asking for an increase of $1.25 per yard. Sincerely, Glen u r it T President enclosures 0 DAm bj.QPON LW DUROPfflff, NC* 4292 Canal Street, Fort Myers, Florida 33916 os/os/Zo12 To whom it may concern; CG C0534 Q (239) 425•0260 Fax (239) 425-0261 This is to confirm that Austin Tupler Trucking has been bringing water plant sludge from the City of Tamarac water punt, 7803 NW 61 St. to our facility at the end of Loxa hatchee Road for the past two years at the price of $25.00 per load. We are unable to continue receiving this material after September 30, 2012 because the land is being developed for housing. Sorry for any inconvenience this may cause you. 1 Torn Petrozzi Vice President David land Development Inc. 0 0 r, 0 DAVID DAMON LW DMLOPRW, INC. 4292 Cant Street, Fort Myers, Florida 33916 DATE: 07/19/12 INVOICE TO: TUPLER INVOICE NO.: 51640 SHI P TO: AUSTIN TUPLER TRUCKING,, INC AUSTIN TUPLER TRUCKING, INC. 6570 SW 47TH COURT 6570 SW 47TH COURT DAVI E FL, 33314 DAVI E FL 33314 ORDER DATE: 07/19/12 DATE SHIPPED: 07/19/12 SALESPERSON: BPT JOB NUMBER: 13BPT-060000 CITY OF TAMARAC , UN I VEER S I TY DR. QUANTITY ITEM DESCRIPTION UNIT UNIT -PRICE 15 WATER TREATMENT PLANT LD 25.000 SAND DISPOSAL NON-TAXABLE REMIT: 4292 Canal St, Ft Myers, FL 33916 * * TOTAL DUE ic, � 'j'4 j� I61�Sv 1. TOTAL 375.00 375.00 5375-00 `■.�. r..M. M• MM N.. y JUL 3 12012 EL r4___1Q 0 Phone (239) 425-0260 Fax (239) 425-0261 Page 1 of 1 Glen Tu From: "Waldy Polizzi" <WaidyP a@westwindcontracting.com> To: <glentupler a@bellsouth.net> Cc: <skeeterp a@westwindcontracting.com> Sent: Tuesday, August 07, 2012 4:02 PM Subject: City of Tamarac - Water Plant Sludge Glen. - Per our conversation today we confirm that we can receive at our Pembroke Park facility {EPGMD __...._license number:-SW-BP13448-3=1-0-expiration-date-9/30/201-5)-and-properly-dispose-of-u- p-®-20;000 CY/year of clean water plant sludge from the City of Tamarac for $50.00 per load of tri-axle dump truck (max. 18 CY capacity per load) for a period of 2 years. This price is good for a minimum of 500 loads (9,000 CY) hauled per year from the City of Tamarac. Regards, watay PotI%,(, President 3799 W, Hallandale Reach Blvd Pernbroke Park, F1., USA (954) 961-7200 Phone (954) 961-7222 Fax '(954; 275-4576 cell www.westwindcontracting.com waldyp@westwindcontrat,tirig.com 0 0 0 8/%/2012 WESTWIND CONTRACTING, INC. 3799 HALLANDALE BEACH BLVD. PEMBROKE PARK, FL. 33023 954 961-7200 Bill to: A TUPLER TRUCKING, INC. 6570 SW 47 COURT -DAV1E�-FL 3331 Invoice 7045 Job: 39711 SENECA LAKE FILLING I I q 4 ) )--Y - 1,5 th"Icic 4: 7045 ►i ts: V r i i Vf �$ 4. CustGrZiar i" .v. �. Payment Terms: NET DUE 10 DAYS Salesperson: Customer Code: ATUPTR Remarks: 12.000 TOWN 4F DAVIE - SLUDGE 0 Irint Date: 07/16112 .. na3Do3' A �I� IF�glb LD 50.00 600.00 Subtotal: 600,00 Total: .4 " 7--, 50 AL -11 M..�MN. . . . t &NIS -.- JUL 14 2012 • Page: 1 INESTWlND CONTRACTING, INC. 3799 HALLANDALE BEACH BLVD. PEMBROKE PARK, FL 33023 954 961-7200 Bill to: A TUPLER TRUCKING, INC. 6570 SW 47 COURT Invoice 701.7 Job: 39711 SENECA LAKE FILLING I"Ivol�e #: 7017 Date: 06118/12 customer P.O. #; Payment Terms: DUE UPON RECEIPT Salesperson: Customer Code: ATUPTR Remarks: 325.000 SLUDGE - PEMBROKE PINES g2A.N yoy b�3 aL8-47elto C 13 4 Uto� t LD 60.00 16, 250.00 Subtotal: 16,250.0+0 111 3�ol-10 ,qh �6n191 Total: I J U N 2 6 202 ... r 3 -:3-c ?)� Print Date: 06/19112 Page: 1 %250M 0 r� u n u AMENDMENT #1 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 #1 to the original Agreement dated providing for Lime Sludge Hauling and Disposal Services as follows: 1. Add Section 2.1.8 as follows: Contractor shall agree that each vehicle used for the haulin+ i of lime sludge from the City shall undergo a vehicle certification process to verify the caDacity of the dumD bed of each vehicle. Contractor shall notify City at least forty-eight (48) hours in advance of being on -site with trucks, in order to arrange for City personnel to be available to perform the certification process when a non -certified vehicle is to be used. Once a vehicle has been certified by the City, there will be no further need to request additional certification for the vehicle, unless there is mechanical alteration to the vehicle dump bed, in which case, the vehicle dump bed cap= must be re -certified. 2. Add Section 2.1.9 as follows: Contractor and an authorized representative of the City will inspect each loaded vehicle, and mutually agree upon the number of cubic yards of material contained in each vehicle dump bed. Up_ agreement, that amount shall be documented , in writing, and he Contractor shall invoice the City „for only the number of cubic yards, contained in the vehicle dump bed as agreed upon and documented for th-pecific load. 3. 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, 2012 through September 30, 2014. R I f K 3t.•�v i2. ls.1.f��. <a <�r# �,�t.�s�: �Fxa�',.��it f 4. 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 October 1, 2012 through cente-mbar 2WWI 0 2012 September 30, 2014. Upon expiration of this term, the parties may choose to terminate, renew and/or re -negotiate the Agreement by written agreement signed by the parties hereto for a term to be set in the renewal agreement. 3. Section 5 of the Agreement shall be amended as follows in accordance with the Contract Escalation/De-escalation provision Special Conditions, Paragraph 6 contained in Bid 10-18B The Contract Sum for the above work is NJ+ace- Noma �'o�♦� Eleven Dollars and Four Cents per cubic yard (� 11.04/C.Y.), based on an estimated annual volume of Eleven Thousand (11,000) cubic yards, for an approximate amount of e� e ^ One Hundred Twenty -One Thousand, Four Hundred Forty dollars and no cents ($ $121,440. 00) per year. This price is subject to the terms contained in Bid 10-18B, Special Conditions, Paragraph 6, Contract Escalation/De-Escalation. All other provisions of the original Agreement, as amended, remain in effect as written. 4 i t . i' t3' H t}r .riJ �ti.> i 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 2 6 t h day of September , 2012. RAt fie of Notary Public IaLlu""Uv §C*d%.W 'k7 e NetaFy Aublis State of ploFida Marta Triana_Watson My Commission DD855749 C p Name of Notary u lic personally known to me or ❑ Produced Identification Type of I.D. 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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. Patricia Interim Date ATTESP Te'f e l , CMC City Clerk orate Secretary) Ruth Tupler Type/Print Name of Corporate Secy. (CORPORATE SEAL) Beth Flansbaum-Talabisco, Mayor Date Michael C. Cernech, City Manager Approv,qd as to form and legal sufficiency: SamAl S. Goren, City Attorney D ate Austin Tupler Trucking, Inc. Company Name 12 Signatur resident Glen Tupler Type/Print Name of President 9/26/12 Date 4