HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-1331
Temp. Reso. # 11456
August 14, 2008
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008-/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXERCISE THE
SECOND RENEWAL OPTION TO THE EXISTING
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
DRD ENTERPRISES, INC. OF DAVIE FOR LIME SLUDGE
REMOVAL, HAULING AND DISPOSAL FOR A PERIOD OF
TWO YEARS COMMENCING ON OCTOBER 1, 2008 AND
ENDING ON SEPTEMBER 30, 2010 AT A UNIT COST OF
$8.75 PER CUBIC YARD AND AN ANNUAL COST NOT TO
EXCEED $150,000.00; 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 awarded Bid #04-22B, "Lime Sludge Removal,
Hauling and Disposal", to DRD Enterprises, Inc. of Davie on September 22, 2004 through
Resolution #R-2004-219 (incorporated by reference and on file in the office of the City
Clerk); and
WHEREAS, an increase in the quantity of sludge removal by 2,650 cubic yards at
the original contract price of $7.50 per cubic yards was approved on January 11, 2006
through "Change Order No. 1 ", increasing the total cost of the contract to an amount not to
exceed $102,375 annually (incorporated by reference and on file in the office of the City
Clerk); and
Temp. Reso. # 11456
August 14, 2008
Page 2 of 4
WHEREAS, a $0.50 per cubic yard unit price increase was authorized through
"Change Order No. 2" on April 28, 2005 (incorporated by reference and on file in the office
of the City Clerk); and
WHEREAS, a $0.50 per cubic yard unit price increase was authorized through
"Change Order No. 3" on March 7, 2008 (a copy of which is attached hereto as "Exhibit 1 ");
and
WHEREAS, the initial term of the contract as awarded is for the two-year period
ending September 30, 2006; and
WHEREAS, the City has the option to renew the contract for two (2) additional two-
year periods under the same terms and conditions of the original agreement, as amended
by change orders; and
WHEREAS, the City has received acceptable service from DRD Enterprises, Inc. of
Davie and desires to exercise the second two-year renewal option of the agreement; and
WHEREAS, DRD Enterprises, Inc. of Davie has agreed to renew for a two-year
period, a copy of said Amendment #2 to Agreement exercising the renewal option (a copy
of which is attached hereto as "Exhibit 2") at the same terms and conditions as the original
Agreement, as amended by change orders; and
WHEREAS, there will be a $0.25 per cubic yard unit price increase to the current
pricing of $8.50 per cubic yard for an annual expenditure in an amount not to exceed
$150,000.00; and
1
Temp. Reso. # 11456
August 14, 2008
Page 3 of 4
WHEREAS, funds will be available for this purpose in the Fiscal Year 2009 Annual
Budget; and
WHEREAS, the Director of Utilities and Purchasing/Contracts Manager recommend
exercising the renewal option to the existing agreement with DRD Enterprises, Inc. of
Davie, for a two-year period, effective October 1, 2008 through September 30, 2010;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 exercise the
renewal option for the contract between the City of Tamarac and DRD Enterprises, Inc. of
Davie for a two-year period, effective October 1, 2008 through September 30, 2010 for lime
sludge removal, hauling, and disposal in an amount not to exceed $8.75 per cubic yard
and
$150,000.00 annually.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are h of ratified and
confirmed as being true and correct and are hereby made a specific pa of this resolution
upon adoption hereof.
SECTION 2: The appropriate City Officials are hereby authorized to execute
Amendment #2 to Agreement to exercise the second two-year renewal option of Bid # 04-
22B for the removal, hauling and disposal of lime sludge as awarded to DRD Enterprises,
Inc. of Davie for a period effective October 1, 2008 through September 30, 2010, at a unit
Temp. Reso. # 11456
August 14, 2008
Page 4 of 4
price of $8.75 per cubic yard and an annual cost not to exceed $150,000.00.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any courtof 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 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 2�--day of 2008.
BETH FLANSBAUM-TALABISCO
ATTEST: MAYOR
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
(P/S�MOEIIV GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM PORTNER G�
DIST 2: COMM ATKINS-GRA
DIST 3: VIM SULTANOF
DIST 4: COMM. DRESSLER
1
1
AMENDMENT #2
TO AGREEMENT
BETWEEN THE CITY OF TAMARAC
I_1► I I]
DRD ENTERPRISES, INC. OF DAVIE
The CITY OF TAMARAC ("City") and DRD ENTERPRISES, INC. OF DAVIE, a
Florida Corporation with principal offices located at 858 NW 81 Terrace, Plantation
FL 33324 (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 dated September
22, 2004, the City and Contractor agree to exercise the second and
final renewal option for a term effective October 1, 2008 through
September 30, 2010.
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
October 1, 2008 through SeptembeF 2009
September 30, 2010. 1 Inen evnira+inn of this term the parties magi
WF
the renewal agFeement
3. Execute attached Change Order 4 to amend pricing in accordance with
escalation/de-escalation provision contained in section Invitation for Bid
04-22B, "Special Conditions", Section 6.0 from $8.50 per cubic yard to
$8.75 per cubic yard.
All other provisions of the original Agreement, as amended, remain in effect as
written.
Remainder of Page Intentionally Blank
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 DRD Enterprises, Inc. of Davie, signing
by and through its President, duly authorized to execute same.
CITY OF TAMARAC
A �/) e.�, � W- % �-,4 � � �*
Beth Flansbaum-Talabisco, May r
Date
ATTEST: J` �` Jeffrey Miler, City Manager
Marion Swenson, CIVIC Date
City Clerk J
Approv a to f rm and legal sufficiency:
Date
fi✓Sa u�66n, City Attorney
Type/Print Name of Corporate Secy.
Date
David Pressler
Type/Print Na a of P esiden
e
Date \�
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
lLotY�� COUNTY OF0
�
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
David Pressler, President of DRD Enterprises, Inc. of Davie, 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 day of14 07 V , 2008.
„•+ "" v{'••� CHRISTOPHER T. MUSTO
=•: ._ MY COMMISSION II DD 665519
EXPIRES: August 6, 2011
Bonded Thru Notary P" Undonvftm
v Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
a Produced Identification
Type of I.D. Produced
DID take an oath, or
❑ DID NOT take an oath.
of Tamarac
CHANGE ORDER
Purchasing & Contracts Division
DATE OF ISSUANCE: August 27, 2008 CHANGE ORDER NO.
OWNER: CITY OF TAMARAC PROJECT NAME:
7525 NW 881h Avenue
Tamarac, FL 33321-2401
BID NO. 04-22B PROJECT NO.
CONTRACTOR DRD Enterprises Inc. of Davie P.O. NUMBER
4
Lime Sludge
Removal Hauling &
Disposal
IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE
CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL
MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN
THE PLANS AND SPECIFICATIONS:
DESCRIPTION: Amend pricing in accordance with Escalation Clause contained in "Special
Conditions" Section 6, "Contract Escalation/De-escalation".
PURPOSE OF CHANGE ORDER: Price escalation in accordance with Contract provisions of
$.25 per cu. yd.
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIME
Original Contract Price
Original Contract Time
$ 7.50 I cu yd
None
Previous Change Order No. N/A to No. 3
Net change from previous change orders
$ 8.50 / cu yd.
None
Contract Price prior to this Change Order
Contract Time prior to this Change Order
$ 8.50 / cu yd
None
Net (Increase) of this Change Order
Net (Increase) of this Change Order
$ .25 / cu yd
N/A
Contract Price with all approved Change Orders
Contract Time with all approved Change Orders
$ 8.75 / cu yd
N/A
f BY D AP QVA�PRUV
Direct -or _.......
B�'�� ," �-ram_..... BY BY x .Z
City Manager , d t
Date q/ l_- Date C1 ,?._a 1 D I�S`� ate
DRD ENTERPRISES INC. OF DAVIE
SPECIALIZING IN LIME SLUDGE REMOVAL
858 NW 81 TERRACE
PLANTATION, FLORIDA 33324
PHONE 954-370-7944 FAX 954-337-2837 Lunarcon@aol.com
Duns # 044055171
Keith K. Glatz CPPOFCPM FCPA
Purchasing & Contracts Manager
7525 NW 881h Ave, Tamarac, FL 33321
August 3, 2008
Mr. Glatz,
Attached is the average fuel cost using the Federal Consumer Price Index, Lower Atlantic for diesel
fuel. Accordingly in October 2007 fuel was at $3.09 as of July 2008 the average cost of fuel was
$4.64.
Based on the dramatic increase in fuel cost that is being passed on to DRD Enterprises by the
hauling company, I must ask for an increase of .25 per yard to offset this increase. I hope the City
of Tamarac will understand that this is a justifiable request and will continue allowing DRD
Enterprises to provide quality service to the City.
Cordially,
David Pressler, President
2007-Oct
10/01
300.8
10/08 297.7
10115
297.0
10/22 302.2 10/29 309.5
2007-Nov
11/05
324.4
11/12 336.2
11/19
335.0
11/26 338.9
2007-Dec
12/03
337.6
12/10 329.3
12/17
327.3
12/24 327.5 12/31 332.8
2008-Jan
01/07
336.6
01/14 331.8
01/21
326.4
01/28 325.8
2008-Feb
02/04
327.5
02/11 326.6
02/18
339.E
02/25 356.2
2008-Mar
03/03
363.6
03/10 381.4
03/17
396.7
03/24
2008-May
05105 411.7 05/12
431.0
05/19
448.0
05/26
471.7
2008-Jun
06/02 468.7 06/09
467.7
06/16
469.0
06/23
464.8 06/30 464.3
2008-Jul
07/07 474.1 07/14
477.7
07/21
472.3
07/28
460.4