Res No. 71-18 _ - ----- -------
RESOLUTION NO. 71-18
A RESOLUTION OF THE QTY OF DELRAY BEACH
FLORIDA APPROVING AN AGREEMENT WITH AUSTIN
TUPLER TRUCKING, INC. FOR THE PURCHASE OF ROAD
CONSTR
UCIION MATERIALS;° AL1TH RIZI
O NG THE QTY
MANAGER TO EXECUTE THE AGREEMENT AND TAKE
ALL ACTIONS NECESSARY TO EFFECTUATE THIS
AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND
1f FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach (City) is authorized to enter into agreements to provide
services,programming and products in accordance with its Charter;and
WHEREAS,the City requires road construction materials;and
WHEREAS,the City desires to enter into an agreement with Austin Tupler Trucking,Inc.for the
purchase of road construction materials;and
WHEREAS,the City Commission deems approval of this resolution to be in the best interest of
the health, safety,and welfare of the residents and citizens of the City of Delray Beach and the public at
large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH FLORIDA,AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. The City Commission of the City of Delray Beach has reviewed and hereby
approves this Agreement between the City and Austin Tupler Trucking, Inc., which is attached to this
Resolution as Exhibit A.
Section 3. The City Commission authorizes the City Manager to execute the Agreement and
any amendments and/or renewals thereto, and take any other actions necessary to effectuate this
Agreement.
Section 4. This resolution shall become effective immediately upon adoption.
i'
i
PASSED AND ADOPTED in regular session on the y o �
,, 018.
AST- �
ivItVV OR
Katerri Johnso ty Clerk
A rm an e iciency.
Max Lo ty Am
omey
2
City of Delray Beach
ITB No.2018-038
Road Construction Materials
AGREEMENT Exhibit A to Resolution No.71-18
THIS AGREEMENT is herebymade and entered into this - '' �
� y of����"��e . 20 i �';, (the
J
da �
"effective date b and between the City of Delray Beach,a Florida municipal corporation("City"),whose
address is 100 N.W. V Avenue, Delray Beach, Florida 33444, and Austin Tupler Trucking, Inc., a Florida
corporation(hereafter referred to as "Contractor"),whose address is 6570 S.W.47th
33314. Court, Davie, Florida
WHEREAS, the City desires to retain the services of the Contractor to provide the goods and
services in accordance with the City's Invitation to Bid No. 2018-038, and the Contractor's response
thereto,all of which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth,
the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF INVITATION TO BID
The terms and conditions of this Agreement shall include and incorporate the terms, conditions,
and specifications set forth in the City's Invitation to Bid No. 2018-038, and the Contractor's response to
the Invitation to Bid, including all documentation required thereunder.
ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES
The Contractor shall provide the goods and/or perform those services identified in the
specifications accompanying the City's Invitation to Bid,which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and
incorporated herein,according to the terms and specifications of the referenced Invitation to Bid.
ARTICLE 4. MISCELLANEOUS PROVISIONS
a. Notice Format. All notices or other written communications required, contemplated, or
permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or
mailed by registered or certified mail (postage prepaid), return receipt requested, to the following
addresses:
L As to the City: City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attn: City Manager
ii. With a copy to: City of Delray Beach
100 N.W. V Avenue
Delray Beach, Florida 33444
Attn: City Attorney
Page I 1
City of Delray Beach
ITB No.2018-038
Road Construction Materials
Exhibit A to Resolution No. 71-18
As to the Contractor: Austin Tupler Trucking, Inc.
6570 S.W.47th Court
Davie, Florida 33314
Attn:Glen Tupler, President
b• Headings. The headings contained in this Agreement are for convenience of reference
only,and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
C. Effective Date. The effective date of this Agreement shall be as of the date it has been
executed by both the parties hereto.
ARTICLE 5. CONTRACT TERM
This Agreement term shall commence upon the date of the duly executed Agreement, and shall
remain in effect for two years,unless terminated earlier or renewed in accordance with terms set forth in
the ITB. Upon mutual agreement of City and Contractor, this Agreement may be renewed for up to an
additional three years.
(Remainder of this page is intentionally left blank.)
Page 12
City of Delray Beach
ITB No.2018-038
Road Construction Materials
Exhibit A to Resolution No.71-18
IN WITNESS WHEREOF,the parties have executed this Agreement on the dates hereinafter written.
[SEAL]
CITY OF DELRAY BEACH, FLORIDA
�
By:_Q
Mark R. Lauzier, City M ager
ATTEST:
By
Katerri Johnson, Ity Clerk
AS TO FORM AND
LEGAL '
APPROVED AS
,
Max Lom
R. �' It
, y Attorney
CONT AQT . ...„
[SEAL) By: 11<11 °
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Printed Nae
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Title
STATE OF r'
COUNTY OF
g g °a
e oln Instrument was acknowledged
of officer day of 2018 by
Tle �;��I a ����rt � ��_
or agent, title of officer or agent),
of�� �,:.a �w. F,�`�� �rx a)"h (name of corporation acknowledging), a Tk,�)a f-` (state or
place of incorporation)corporation, on behalf of the corporation. He/She is personally known to me
or has producedt
( ype of identification) idg: Ification.
. ...,
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rio._P.0 ('c— a e o `� w,�l:kr':
Ly ,-��
tary public State of Florida
Marta Triana-Watson
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Expire#04103/2021
City of Delray Beach
ITB No,2018-038
Road Construction Materials
Pricing Schedule Exhibit A to Resolution No.xx-xx
Item Unit Pick-up Unit Delivered Unit
Price Price
Crushed Coarse Lime rock tons $ 9.75 $ 18.75
L2 Pit Run shell Rock —
tons $ 9.50 $ 21.50
3 Drainfield Rock 3/4" tons $ 16.55 $ 24.20
4 Best Mason Sand tons
$ 15.00 $ 35.00
5 Clean Fill Dirt yards
$ 8.25 $ 19.75
6 Precast Car Bumpers w/pins each No Bid No Bid
7 Crushed Recycled Concrete cubic yards $ 15.00 $ 23.00
8 DOT Crush Rock-non certified tons $ 93S $ 18.75
9 #57 Rock tons $ 16.55 $ 24.20
C
DOT
0
5
Crushed
T
7 h
C
Re
r
0
d Recycled cyc'
Crush Rock
Rock '"'-rpt"
10 Concrete,300 pump Mix with fiber cubic yards No Bid No Bid
Stabilizer
t il-z Rock
11 Stabilizer Rock
tons $ 7.15 $ 15.65
12 Compactable Fill Sand yards $ 8.25 $ 19.75
13 Code 01 Lime Rock(double crushed) tons $ 11.25 $ 20.25
14 #4 Ballast Rock
tons $ $ 24.20
15 #5 Ballast Rock
11 11 11 ii IN!11 tons $ 16.55 t�o. $ 24.20