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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-108Temp. Reso. #11904 July 7, 2010 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010-jJi A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 10-1813 "LIME SLUDGE REMOVAL, HAULING AND DISPOSAL" TO AUSTIN TUPLER TRUCKING, INC., AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT WITH AUSTIN TUPLER TRUCKING, INC. FOR LIME SLUDGE REMOVAL, HAULING AND DISPOSAL; AUTHORIZING AN EXPENDITURE OF FUNDS FOR AN AMOUNT NOT TO EXCEED $107,960.00 ANNUALLY, AND AUTHORIZING CONTRACT ESCALATION / DE- ESCALATION AS PROVIDED UNDER THE AGREEMENT BEGINNING OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2012, WITH TWO (2) ADDITIONAL TWO-YEAR RENEWAL OPTIONS; 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 of Tamarac publicly advertised Bid No.10-18B "Lime Sludge Removal, Hauling and Disposal" in the Sun -Sentinel on June 20, 2010 and June 27, 2010 and on the City's Internet web -site (a copy of the bid file is on file in the office of the City Clerk); and WHEREAS, twenty-seven (27) vendors downloaded bid documents and (4) vendors submitted bids that were opened and reviewed to determine cost and responsiveness to the City's specifications as based on a quantity of 11,000 cubic yards, tabulated as follows: 1 ; and Temp. Reso. #11904 July 7, 2010 Page 2 of 4 COMPANY NAME UNIT PRICE TOTAL BID $ Austin Tupler Trucking, Inc. $9.79 / cu. yd. $107,690.00 DRD Enterprises Inc. of Davie $10.25 / cu. yd. $112,750.00 Tate Transport Corp. $11.63 / cu. yd. $127,930.00 Chin Diesel, Inc. $22.00 / cu. yd. $242,000.00 WHEREAS, Austin Tupler Trucking, Inc., submitted the lowest responsive responsible bid at a price of $107,690.00 annually (a copy of said Bid is attached hereto as "Exhibit 1" ); and WHEREAS, sufficient funds are available from the Utilities Department Water Treatment Plant Operating funds; and WHEREAS, it is the recommendation of the Director of Utilities, the Acting Water Plant Superintendent and the Purchasing & Contracts Manager that Bid No. 10-18B "Lime Sludge Removal, Hauling and Disposal' be awarded to Austin Tupler Trucking, Inc. for a period beginning October 1, 2010 through September 30, 2012 with two (2) additional two- year renewal options, as the lowest responsive and responsible bidder; 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 approve the award of Bid No. 10-18B "Lime Sludge Removal, Hauling and Disposal" to Austin Tupler Trucking, Inc., and execute an agreement with Austin Tupler Trucking, Inc., in an amount not to exceed $107,690.00, and authorizing escalation / de-escalation provisions as provided under the agreement. Temp. Reso. #11904 July 7, 2010 Page 3 of 4 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: The award of Bid No. 10-18B for "Lime Sludge Removal, Hauling and Disposal' to Austin Tupler Trucking, Inc. is hereby approved. SECTION 3: The appropriate City Officials are hereby authorized to execute an agreement between the City of Tamarac and Austin Tupler Trucking, Inc., (a copy of which is attached hereto as "Exhibit 2") as part of said award. SECTION 4: An expenditure for an amount not to exceed $107,690.00 annually beginning October 1, 2010 through September 30, 2012 and authorizing escalation / de-escalation provisions as provided under the agreement is hereby authorized. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #11904 July 7, 2010 Page 4 of 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this d_Cday of 201047 ATTEST: MARI_ON SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 13ka SAMIJ,EL S. GOF CITY ATTORN LT, •yto] - Record of COMMISSION VOTE: MAYOR TALABISCO L-1 ' DIST 1: COMM BUSHNEL -:�-� DIST 2: COMM GOMEZ_ DIST 3: COMM GLASSER�,•r a DIST 4: VM DRESSLER 1 1 "EXHIBIT 1" TR #11904 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW WH AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 10-18B BID TITLE: LIME SLUDGE Removal, Hauling & Disposal BID OPENING DATEMME: 2:00 P.M., June 30, 2010 BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-597-3667 BUYER EMAIL: keithg@tamaraC.Org PRE -BID CONFERENCE/SITE INSPECTION: N/A BONDING: Not required for this bid. GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL $108 FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID ! by INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS, IN THE SPECIAL CONDITIONS OF THE BID, OR IN THE SPECIFICATIONS/STATEMENT OF WORK. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER THESE GENERAL CONDITIONS AND ANY CONFLICTING PROVISION WITHIN ANY VENDORS STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDORS DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE, ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NONRESPONSIVE. BIDDER COMPANY NAME: AUSTIN TUPLER TRUCKING INC. COMPANY ADDRESS: 6570 S.W. 47th. Court, Davie, FL 33314 COMPANY PHONE: (954) 583-0801 NAME OF AUTHORIZED AGENT: Glen T u p 1 e r TITLE OF AUTHORIZED AGENT: President AUTHORIZED AGENT EMAIL ADDRESS: t o 1 e r@ b e 11 south. n e t BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: 5 9 --14 2 6 412 SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement Is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without ooIlusion or fraud. I agree to abide by all conditions of this Bid and Certify that I am authorized to sign this Bid as an agent for the Bidder. a of Tamarac Purchasinq & Contracts Division BID FORM BID NO.10-1$B LIME SLUDGE REMOVAL, HAULING & DISPOSAL Submitted by: Austin Tu ler Truckin , Inc.. Date 6 2 /10 THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. i of Tamarac & Contracts Division BID�RM (continued) BID NO.10-18B LIME SLUDGE REMOVAL, HAULING & DISPOSAL We propose to furnish the following in conformity with the specifications and at the prices indicated below. Said bid prices have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder upon successful completion of its obligation as specified in the contract documents. PROPOSED PRICE PER CUBIC YARD (Estimated Volume = 11,000 C.Y. per year) $ 9.79 TOTAL BID PRICE PER YEAR (Multiplier = 11,000) $ 107,690.00 Austin Tupler 'Trucking, Inc. Company Name Glen Tupler Print Name tupler@bellsouth.net Above signer's email address (if any) BF-18 Author! -)ad S nature President Title (954) 583-0801 Direct Phone Number City of Tannarac purchasing & Contracts Division BI�ORM (continued) BID NO.10-18B The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Authorized &anaiture Glen Tupler Typed/Printed Name (954) 583-0801 Telephone Austin Tupler Trucking, Inc. Company Name 6570 S.W. 47th Court Address Davie, FL 33314 City, State, ZIP (954) 583-0844 59-1426412 Fax Federal Tax ID Number CGC037393 tnpler@bellsouth.net #379-0002732 Email address for above signer (if any) Contractor's License Number SF-19 I City of Tamarac BIDS (continued) BID NO.10-18B Bidder's Company Name: Austin Tupler Trucking, Inc. & Contracts Division TERMS: 0 % (percent discount, If any, If payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion: seven (7) calendar days after receipt of Notice to Proceed or Purchase Order, whichever is applicable for this project. To be considered eligible for award, one (1) original and three (3) copies of this bid form should be submitted with the Bid. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal Is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. City of Tamarac Purchasing & Contracts Division CE f TIFlgK QN THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Request for Proposal. We (1) certify that we(I) have read the entire document, including the Scope of Services, Additional Requirements, Supplemental Attachments, Instructions, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Proposal. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ® OTHER ❑ If "Other", Explain: �� Authorize Si nature President Title Austin Tupler Trucking, inc. Company Name Davie, FL 33314 City/State/Zip (954) 583-0844 Fax Number Glen Tupler Name (Printed Or Typed) 59-1426412 Federal Employer-I.D./Social Security No. 6570 S.W. 47th Court Address (954) 583--0801 Telephone Glen Tupler Contact Person City of Tamarac NQM&QLLLjSlVg AFFIDAVIT State of FLORIDA County of BROWARA t )55 GLEN TUPLER deposes and says that: Purchasing & Contracts Division being first duly swom, He/she is the President , (Owner, Partner, Officer, Representative or Agent) of Au s t i n T u R I e r n & the Proposer that has submitted the attached Proposal; He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this afffiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Proposer, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: LJ By ._ ss GLEN TUPLER rtness Printed Name President Title 7 City of Tamarac � � _ _ _ Pvchasino & Contracts Division NQN-COLLUSlyl AEFJMT (continued) ACKNOWLEDGMENT State of Florida County of BROWARD 2010 On this the z8th day of June , 250_, before me, the undersigned Notary Public of the State of Florida, personally appeared GLEN TUPLER and (Name(s) of individual(s) who appeared before notary) whose name(s) Is/are Subscribed to within the instrument, and helshetthey acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY P ,STATE OF FLORIDA NOTARY PUBLIC =FN y �r-ryt:� YSEAL OF OFFICE: • WAIMry Publi Print, M Personally known to me, or ❑ Produced identification: (Type ofIdentifiication Produced) ❑ DID take an oath, or [3 DID NOT take an oath I of Tamarac Anchasinq & Contracts Division REFERENCES Please identify the government agencies for which you have provided and completed similar rate studies during the last five years: * Name of Project Manager Name of other Staff who worked on Assignment Arthur Resnick Name of Jurisdiction or Agency City of Coral Springs Name/Title - Point of Contact Arthur Resnick Address 9551 West Sample Road City State Zip Coral Springs, FL 33065 Phone &Fax (954) 344-lloo, (954) 344-1186 Population of Jurisdiction MonthNear Completed Austin Tupler Trucking has been doing this type of work or the past 8 years for the City of Outcome/Results Coral Springs. *Please attach additional sheets as necessary. City of Tamarac Purchasing & Contracts Division REFERENCES Please identify the government agencies for which you have provided and completed similar rate studies during the last five years: * Name of Project Manager Name of other Staff who worked on Assignment Name of Jurisdiction or Agency NamelTitle - Point of Contact Address City State Zip Phone & Fax Population of Jurisdiction Month/Year Completed Outcome/Results Town of Davie Herb Hyman 6591 0range Drive Davie, FL 33314-3399 (954) 797-1000, (954) 797--1049 Austin Tupler Trucking has been doing EHTs type of worR lor tn6 73wn'Bf Davie for the past two years. *Please attach additional sheets as necessary. ql of Tamarac Purchasing & Contracts Division Rgf IERgNCES Please identify the government agencies for which you have provided and completed similar rate studies during the last five years. * Name of Project Manager Mike Ponce (954) 804-0163 cell. Name of other Staff who worked on Assignment Name of Jurisdiction or Agency Name/Title - Point of Contact Address City State Zip Phone & Fax Population of Jurisdiction MonthNear Completed Outcome/Results City of Pembroke Pines P. Edelstein 10100 Pines Boulevard Pembroke Pines, FL 33026 (954) 437-1111, (954) 437-1121 Austin Tupler Trucking has been doing t IS type o workor t o City of Pembro a Pines for the past two years. *Please attach additional sheets as necessary. City of Tamarac _ Purchasing and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDgNTICAL TIE PROPOSALS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. =-�.. Austin Tupler Trucking, Inc. Authon d Stanature Company Name CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88'" AVENUE TAMARAC,FL 33321 "Committed to Excellence —Always" o .... .1%■iL6atl BID NO. 10.18B LIME SLUDGE REMOVAL, HAULING & DISPOSAL DATE OF ADDENDUM: JUNE 24, 2010 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No. 10-18B, LIME SLUDGE REMOVAL, HAULING & DISPOSAL Please provide the proposed location where your firm plans to dispose of lime sludge waste removed -from City premises: Site Name Seneca Land Co. (Westwind) Site 3501 W. Hallandale Beach Blvd., Pembroke Park, FL Address: Failure to provide the information requested above MAY result in the disqualification of your bid response. All other terms, conditions and specifications remain unchanged for Bid No. 10-18B. Please acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging it in your bid. Attached Revised Bid Schedule must be returned with Bid. COMPANY NAME: AUSTIN TUPLER TRUCKING, INC. GLEN TUPL President 6570 S.W. 47th Court Davie, FL 33314 (954) 583--0801. 7525 NW 88th Avenue M Tamarac. Florida 33321-2401 M (954) 597-3570 M Fax (954) 597-3565 ■ www.tamarac.org Equal Oppodurdty Employer A-.QRD. CERTIFICATE OF LIABILITY INSURANCE DATE( 0611712010 PRODUCER (954) 971-1552 South Atlantic Insurance Services Inc. 7551 WILES ROAD SUITE 201 CORAL SPIRNGS FL 33067- THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOHS NOT AMEND EXTEND OR ALTER AFFORDED BY THE POLICiki BELQIIV. -THE.29VORAGF INSURM AFFORDING COVERAGE NAIC # INSURED AUSTIN TUPLER TRUCKING INC. 6570 ON 47 THE COURT FT . LAMZRDALE FL 3331 a - INSURER ' C.AISTLZPO1NT Iwasum S: MCI. INTERNATIONAL INSURERC:FIRST 1etS1iMY INSURER M- INSURER E: COVE GE THE POLICIES OF INSURANCE LISTED BELOW HAVE WEN 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF IN POLICY NUMBER MMW DA LIAMTS GENERALLMIITY c : 1,000,000 Ea f 50,000 X CENTED OMMERCIAL GENERAL LIABILITY 7MSR a CLAIMS MADE OCCUR bOL100038�02 03101/201D 03/01/2011 MEDEXP en. f 5400 PERSONAL; ADV INJURY S 1,000,000 GEHM!j&0FQATE f 11000,000 GEN'L AGGREGATE LIMB APPLIES PER: Ppp bm S 1,000,000 DIMT33m Boo POLICY PLor. / / / / AUTOMMLSUAIILITY / / / / COMBINEDGINGLEUMTT f 11000,000 () ANY AUTO A ALL OWNED AUTOS Ar9200087100 09/16/2009 09/16/2010 0DOILYINJURY f SCHEDULED AUTOS (Par promo) HIRED AUTOS / / / / O WLY INJURY f ( ) NOMOWNED AUTOS X WS-90 tHCLUDSD 750K / / / / PROPERTY DAMAGE f t LMQR LIABILITY AUTO ONLY - EA ACCIDENT f ANY AUTO / / / / OTHER THAN EA ACC : AUTOONLY: AGG f C ExcFseNUMNRraLLAUADILnY XXNY000376 03/01/2010 03/01/2011 E ; 1,000,000 ❑ ACiGRI?GATE : 1,000,000 X OCCUR CLAIMS MADE DEDUCTIBLE wTIOw WORKER* COM MSATION AND EMPLOYERS LUIBM.ITY E.L.EACHACCIDENT f ANY PROPRIETORNPARTNERNEXECUTIVE OFFICF_RIMEMBEREXCLUDED? / / / / E.L. DISEASE -EA EMPLOYEE f Myer dosmbe under SPECIIAL PROVISIONS below EL. DISEASE - POLICY LIMIT f OTHER DESORIPTM OF OPERATroNSl1.00AMDNSAMN XCWSIONS ADDED BY INDORI9CNEMYISP6CW. PRgASWN i SCME OF HUSX0288_ HAULING BAND AND GRAVEL 8'OR NIBS CER FICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVQ QED POLICIES BE CANCELLED BEFORE THE ADDITIONAL INSURED IDIPYIATIDN DATE THERWK THE ISSUING INSURER VALL ENDPJIVOR TO MAIL 010 DAY# WRINTEN NOTICE TOW CERWICATE HOLDER NAMEDTO THR LEFT, BUT CITY OF TAMARAC FAILURE TO 00 30 SMALL RMPM NO OBLIGATION OR LIABUTY OF ANY MID UPON THE INlWRE RBAGENT3 TA 7525 NK BOTH AVENUS TAMAPAC FL 33321- ACORD 28 (2001/0e) 0 ACORD CORPORATION 1988 *,.r INS028 (OiOe).os ELECTRONIC LASER FORMS. INC. - (e00)fz -060 Pape I of 2 ,4coRn® CERTIFICATE 4F LIA PRODUCER (281) 999-5544 Fax: (281) 577-2678 T' kin Street Merica MGA., Inc. 977 East Wallis Drive Porter TX 77365 INSURED Harbor America East Inc. Austin Tuplar Trucking Inc Bus: (954)583-0801 Fax: (954)583-1557 6570 SW 47th Court David I FL 33314 BILITY INSURANCE 4�1/2010 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURERA:UlliCO Casualty Company INSURER B: INSURER C: INSURER D: INSURER I-' COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IAA POLIGYNUI718ER mum P LICYEXPIRATX)N .� TLIMITS GENERAL LIABILITY EACH OCCURRENCE fDAMAGETURU_..... W_ COMMERCIAL GENERAL LIABILITY p �.�_ CLAIMS MADE 0 OCCUR MED EXP (Any aw Psn—. PERSONAL 6 ADV INJURY S R � _ GENERAL AGGREGATE_. - GEM% AGGREGATE LIMIT APPLIES PER: PROTS - COMPIOP AGG POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (EaAVAIen q ALL OWNED AUTOS BODILY,INJURY f. _ SCHEDULED AUTOS (par Pat—) - _...._. . ........ HIRED AUTOS BOD)LY INJURY f _ NON -OWNED AUTOS (PerrCdsil) PROPERTY DAMAGE f (Per wrklem) GARAGE LIABILITY AUTO ONLY - F..A_ACCIDENT ANY AUTO OTHER THAN EA ACC S _ AUTO ONLY: AGG f EXCESS IUMBR ELLA LIABILTIY EACH OCCURRENCE I m OCCUR CLAIMS MADE AGGREGATE i - f _ DEDUCTIBLE - RETENTION S f A WORKERS COMPENSATION WC S ATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE rY1-'� E.L EACH ACCIDENT _ f_IOQOQOQ OFFIGERIMEMBER EXCLUDED? (Mandatory In NH) S•-113000-01 4/1/2010 4/l/2011 E.L.DISEASE • EA eMPLOYEd S 1000000 _ -.- _I....-_...__._., IR yn, da>te:rbe antler SPECIAL PROVISIONS WWII E.L. DISEASE - POLICY LIMIT f 1000000 OTHER DESCRIPTION OF OPERATIONS ILOC ATIONS I VEHICLES 1 EXCLUSIONS ADDED 13Y ENDORSEMENT ISPECI AL PROVISIONS lWorkers$ Compensation coverage is extended to all payroll active employees of Harbor Am r> ca East, Inc. leased to Austin Tupler Trucking, Inc. Insured is afforded Workers' Compensation i 8upleyers Lispility as a co -employer under the policy for aIployees leased fxom Harbor America East, Inc. CERTIFICATE HOLDER CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POIJGIP_81t CANCELLED BEFORE DIE EXPIRATION City Of Tamarac DATE THEREOF. THE ISSUING INSUREIt WLLANDFAVOR TO MAIL 30DAYS WRITTEN 7525 NW 8 8 th Ave NOTICE TO THE CERTIPICATB HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL Tamarac , rL 33322 - 62 00 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2009101) INS025 (2w9w) Rick Walker/SM 01988.2009 AC4 The ACORD name and logo are registered marks of ACORD )RD CORPORATION, All rights reserved, CERTIFICATE OF INSURANCE NALLSTATE INSURANCE COMPANY []ALLSTATE INDEMNITY COMPANY ❑ALLSTATE TEXAS LLOYD'S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE HOLDER NAMED INSURED Name and Address of Pa to Whom this Certificate is issued Name and Address of Insured CITY OF TAMARAC AUSTIN TUPLER TRUCKING, INC. 7525 N.W. Se AVENUE M&G FILL CORP., GLEN CONTRACTING, INC. TAMARAC, FL 33321 6570 S.W. 47T" COURT DAVIE, FL 33314 l his is to oertay mat policies or Insurance inteo pew nave oven ISaueo w me msurea names aovv outnc%a w era ww1la un uaw I vvatw a w", notwithstanding any requirement, term or condition of any contract or other document with respact to which this certificate may be Issued or may pertain. The insurance afforded by the policies described herein Is subject to all the terms, excursions, and conditions of such policies. TYPIR r)F IN4I IRANCF ANI] LIMITS Policy Effective Expiration COMMERCIAL GENERAL LIABILITY Number N/A Date Date Limit Amount GENERAL AGGREGATE LIMIT (Other than Products - Completed Operations) $ PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT $ ANY ONE LOSS MEDICAL EXPENSE LIMIT $ ANY ONE PERSON WORKERS' COMPENSATION 8 Policy Effective Expiration EMPLOYERS, LIABILITY Number N/A Date Date Cave a Limits WORKERS' COMPENSATION STATUTORY - applies on In the follow p stews: EMPLOYERS' BODILY INJURY BY ACCIDENT $ EACH ACCIDENT BODILY INJURY BY DISEASE $ EACH EMPLOYEE LIABILITY BODILY INJURY BY DIS E $ POLICY LIMIT AUTOMOBILE LIABILITY Policy Effective Expiration Number 048675902 Date 08/08/09 Date 08/08/10 Cowran Basis Limits x ANY AUTO x OWNED AUTOS x HIRED AUTOS Combined Single Limit of Liability (Collision & Comprehenslve - $1,000 deductible) BODILY INJURY & PROPERTY DAMAGE I $ 1 U00 UOD EACH ACCIDENT ❑ SPECIFIED AUTOS x NON -OWNED AUTOS Split LIab1I1 Limit's gpolly Info pro"flir Damage I Each ❑ OWNED PRIVATE PASSENGER AUTOS IPERSON ❑ OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ $ 1 ACCIDENT UMBRELLA LIABILITY Policy Effective Expiration N/A Date Date Number EACH OCCURRENCE GENERAL AGGREGATE PRODUCTS - COMPLETED OPERATIONS AGGREGATE $ $ is OTHER (Show Policy Effective Expiration type of Policy) Number Date Dam DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CANCELLATION Number of days notice 30 Dee Nt'I�arris radl Insurance Inc. e/18110 Autlwrized Reprwentatrve Data Should any of the above described policies be cancelled before the axpiretion date, the Issuing company will endeavor to mail within the number of days entered above, written notice to the certificate holler named above. But failure to mall such notice shall impose no obligation or liability of any kind upon the company, No agents or representatives. I Pe wry rur your 6Vsq AGREEMENT BETWEEN THE CITY OF TAMARAC ITi'Tej AUSTIN TUPLER TRUCKING, INC. THIS AGREEMENT is made and entered into this day of , 20 1b by and between the City of Tamarac, a municipal corporation qmith principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Austin Tupler Trucking, Inc, a Florida corporation with principal offices located 6570 S.W. 47th Court, Davie, Florida 33314 (the "Contractor") to provide for Lime Sludge Removal, Hauling and Disposal from the City Water Treatment Plant Lagoon located at 7803 NW 615t Street, Tamarac, Florida 33321. 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. 10-18B "Lime Sludge Removal, Hauling & Disposal„ 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, dated June 30, 2010, and all modifications issued after execution of this Agreement. 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. 10-18B, "Lime Sludge Removal, Hauling & Disposal", as issued by the City, and the Contractor's Proposal dated June 30, 2010, Document No. 10-18B, "Lime Sludge Removal, Hauling & Disposal" 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 excavate, remove, dewater and dispose of all lime sludge settled in the Water Treatment Plant Lagoon per the terms, conditions and specifications #10-186, City's Water Treatment Plant located at 7803 NW 61 $t Street, Tamarac, Florida 33321. 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 provide the City with seventy-two (72) hours notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather unless a different timeframe for commencement of work is provided at the time that the City provides notice to the Contractor. 2.1.4 Contractor has been familiarized with the Contract Documents and the nature and extent of the work required to be performed, locality, and local conditions; and shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein, 2.1.5 Contractor has made or caused to be made examinations, investigations and tests and studies as deemed necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by Contractor for such purposes. 2.1.6 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 2.1.7 Contractor has given City written notice of all conflicts, errors or discrepancies that have been discovered in the Contract Documents and the written resolution thereof by City is acceptable to Contractor. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. of f( .. ... .......... .. ... ........... ........ ......... ... 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 General Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Contract Term The term of this Agreement is for a period of two (2) years, beginning on October 1, 2010, and ending September 30, 2012. Upon expiration, the City can renew the Agreement for two (2) additional two (2) year terms, upon mutual agreement of the parties and under the same terms and conditions. 5) Contract Sum The Contract Sum for the above work is Nine Dollars and Seventy -Nine Cents per cubic yard ($9.79/C.Y.), based on an estimated annual volume of Eleven Thousand (11,000) cubic yards, for an amount not to exceed One Hundred Seven, Six Hundred Ninety dollars and no cents ($107,690.00) per year. This price is subject to the terms contained in Bid 10-18B, Special Conditions, Paragraph 6, Contract Escalation/De-Escalation. 6) Payments City will pay Contractor monthly for work that has been completed and inspected. Payment is based upon submission by Contractor of an invoice approved by the Water Treatment Plant Superintendent or designee. The City shall pay the Contractor for work performed subject to the specifications of the job and any additions or deductions by approved change order as provided for in the Contract Documents. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VI I, Chapter 218. 7) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 8) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The one (1) year warranty period does not begin until substantial completion of the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid document. 9) Indemnification a... r <:<':{;...{.f%�,.. 1 :37! i...:t}i7t.Pt:P> .}t�°'�i=f,f'; ........ .......... .... ..... .......... - ...... ......... ....................... 9.1 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. 9.2 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. 9.3 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. 9.4 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. 9.5 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. 9.6 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. 10) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, r✓ !, 7,,.1{; �a:ani^aza�a:iueie:a ,F(,Yasi .j ;.'o national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11) 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. 12) 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. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Austin Tupler Trucking, Inc. 6570 S.W. 47th Court Davie, FL 33314 Attn: Glen Tupler, President (954) 583-0801 Fax (954) 583-0844 tuplergbellsouth.n t 14) Termination 14.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 14.2 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 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. 15) Uncontrollable Forces 15.1 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 .<.tY<If," 7 r t,r ?'?ci?... > ) =�,=f;:.P'7 ........... ......... ........ ... .. ...... ............ '' ......... ..... ... 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. 15.2 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. 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. 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. Remainder of Page Intentionally Blank o ne utry w rau u1 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 duly authorized to execute same. CITY OF TAMARAC Beth Talabisco, Mayor Date y� ATTEST: , I Jeffr er, City Manager Marion Swenson, CIVIC Date City Clerk V�S l Appro a as to form d legal sufficiency: Date � /' CityoKttorney E ignature of Corporate SScretary -T Type/Print Name of Corporate Secy (CORPORATE SEAL) Date Austin Tur ler Trucking, Inc. Companv Name Signature o r sident/Owner Glen Tu ler Type/Print Name of President/Owner June 30, 2010 Date r cfi% i,r. .. p..... )ro CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF BROWARD 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 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 30 day of June , 2010. gesture of Notary Public S t f of ISO �'al.Notary Public State of Florida Marta 7riana-Watson nrr�°� EX rah Or tam ❑X Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ® DID NOT take an oath.