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Item 4ECITY OF SOUTH LAKE MEMORANDUM (October 6, 2015) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Item 4E Subject: Item 4E: A proposed annual purchase agreement with Manning Concrete Sawing Action Requested: Seeking approval of an annual purchase agreement with Manning Concrete Sawing through an inter local agreement with the City of Grapevine in an amount not to exceed $975,000. Background Information: Various divisions of Southlake Public Works routinely require the services of a concrete contractor for the repair of and the placement of new concrete pavement, curb and gutter, sidewalk, and other concrete structures throughout the year. Chapter 271 of the Texas Local Government Code permits governmental entities to enter into inter local agreements to share contracts which have met the statutory bidding requirements. The City of Southlake has such an agreement with a number of cities including the City of Grapevine. In April 2015, the City of Grapevine renewed bid number 378-2012 for concrete services with Manning Concrete Sawing. While several divisions will take advantage of the contract, the City's Street Division is historically the largest consumer of these services. The total of all the purchases during the twelve month agreement will exceed the $50,000 authorization power of the City Manager as will individual projects such as the extension of State St. in Town Square from Federal Way to Division Street. Because of the favorable pricing received in this contract and our experience with the contractor, staff recommends approval of the annual purchase agreement with Manning Concrete Sawing through the Inter local purchase agreement with the City of Grapevine. Item 4E Financial Considerations: Funding for projects under this contract is provided in the annual operating budget for Public Works Operations and the FY16 CIP. In FY14, the City spent $981,868 with Manning Concrete Sawing, and in FY15 to date, the City has spent $804,159. Strategic Link: The approval of the agreement links to the City's strategy map relative to focus areas of Infrastructure and Partnerships & Volunteerism. The specific corporate objectives that are met by these services are to provide and maintain high quality public assets, and to collaborate with select partners to implement service solutions. Citizen Input/ Board Review: N/A Legal Review: This agreement conforms with the previous inter local agreements that have been reviewed by the City attorney. Alternatives: The City Council may approve or deny this annual purchase agreement. Supporting Documents: Inter local government agreement for purchasing March 24, 2015 renewal letter Staff Recommendation: Approve annual purchase agreement with Manning Concrete Sawing through an inter local agreement with the City of Grapevine in amount not to exceed $975,000. Staff Contact: Robert H. Price, P.E., Public Works Director Cristina McMurray, M.P.A, C.P.M, Deputy Director/Operations The City of Grapevine, Texas (Grapevine TX Purchasing) Supplier Response Bid Information Bid Creator Bob Smeby Purchasing Agent Email bsmeby@grapevinetexas.gov Phone (817)410-3335 Fax (817)410-3066 Bid Number RFB 378-2012 Addendum 1 Title Concrete Curb, Gutter and Flatwork Annual Contract Bid Type Request for Bid Issue Date 02/16/2012 Close Date 3/15/2012 2:00:00 PM CST Need by Date Supplier Information Company Manning Concrete Sawing Address 9536 Santa Monica Contact Department Building Floor/Room Telephone Fax Email Submitted Total Signature Supplier Notes Bid Notes FortWorth, TX 76116 1 (817) 991-9483 1 (817) 991-9483 3/11/2012 12:29:24 PM CST $490.68 Contact Information Address 501 Shady Brook Drive Suite 108 Grapevine, TX 76051 Contact Bob Smeby Purchasing Agent Purchasing Department Building Service Center 108 Floor/Room Telephone (817) 410-3335 Fax (817) 410-3066 Email Ship to Information Address 501 Shady Brook Lane Contact Department Building Floor/Room Telephone Fax Email bsmeby@grapevinetexas.gov Grapevine, TX 76051 The City of Grapevine is soliciting sealed bids for establishing an annual fixed price contract with four one year optional renewals for Concrete Curb, Gutter and Flatwork Construction. Bid Activities Bid Messages Please review the following and respond where necessary RFB 378-2012 Addendum 1 - Page 1 of 7 # Name Note Response Interlocal Clause 2 Bid Cerification Digital Signature INTERLOCAL AGREEMENT CLAUSE: Several Governmental entities around the City of Grapevine participate in interlocal agreements with the City of Grapevine. Should the governmental entities elect to participate in this contract, would you, (the vendor)agree that all terms, conditions, specifications, and pricing would apply? If yes, the following will apply: Governmental Entities utilizing internal Government contracts with the City of Grapevine will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded under as a result of this solicitation. All purchases by Governmental Entities other than the City of Grapevine will be billed directly to that Governmental Entity and paid by the Governmental Entity. City of Grapevine will not be responsible for another Governmental Entity's debt. Each Governmental Entity will order materials or services as needed. BIDDERS CERTIFICATION: I, the undersigned, by digitally signing, agree that I have read and understand all of the terms and conditions, specifications, and requirements contained on each page of this Invitation to Bid. I also understand that if this proposal is accepted by The City of Grapevine that all of the terms and conditions, specifications, and requirements submitted in my proposal and any additions, changes, or deletions made during negotiations will be made a part of this proposal under a binding contract between my company and the City of Grapevine, Texas. I also certify that this proposal is made without previous understanding, agreement, or connection with any person, firm, or corporation making a proposal for the same materials, and is in all fair and without collusion or fraud. By entering your name in the field provided, you are accepting the terms of this bid. You agree that your typed name will serve as your electronic digital signature. Yes Henry F. Manning RFB 378-2012 Addendum 1 - Page 2 of 7 T E d 6 Renewal Notification Manning Concrete Sawing Attention: Henry Manning 9536 Santa Monica Fort Worth, Texas 76116 March 24, 2015 Re: CONTRACT RENEWAL LETTER City of Grapevine Contract with Renewals: #378-2012 Contract Title: Concrete Curb, Gutter and Flatwork Services Renewal Options: Third of four, one-year optional renewals Renewal period: April 3, 2015 through April 2, 2016 Renewal Purchase Order: 20397 (All invoices must have this P.O. listed) Mr. Manning: The City of Grapevine wishes to exercise the third renewal option for contract RFB 378-2012 with Manning Concrete Sawing for Concrete Curb, Gutter and Flatwork Services based on your renewal conformation under the same Terms and Conditions for the contract renewal period. The above referenced contract with P.O. 20041 will expire on April 2, 2015. Please sign this Contract Renewal letter and return to Lance Wright at Iwrightagrapevinetexas.gov or fax 817-410-3066 within five business days of this notification. All invoices must reference the current Purchase Order 20397 for Concrete Curb, Gutter and Flatwork Services. Please return this renewal letter and a current Insurance Certificate if required for your contract. The City appreciates your excellent service and commitment to our needs on this contract and we look forward to continuing this successful business relationship. Please contact me with any questions SincereI Lance Wright Purchasing Coordinator Purchasing (817) 410-3336; Fax (817) 410-3066 Office Address: 501 Shady Brook Drive, Room #108, Grapevine, Texas 76051 Page 1 of 2 1111111111•CO-*llllllffir Ty YZ['IE�EI.�BI[t�Ilu� i.irFirTiG��HS�l�i�H�iT�ii�iiLTd�.. r,• Mar 24 15 04:22p ACCEPTANCE Date: 2 T Signed: \i Printed name:A�4 r C A'A tit k;ZA I Attachment: Renewal Purchase Order Pn.ctaasing (8" 410-33336; Laa (S17} 4iU--U6fi OgjcCo E�Liif0P5: Snl S'117C1;' 13roo:< Orivc, Room �i(Iii, Graptvino, ieS1S 76051 Page 2 of 2 Annual Contract Sale of Goods This agreement made between the City of Grapevine, 200 S. Main St., Grapevine, Tarrant County, Texas, in this agreement referred to as buyer, and Manning Concrete., P.O. Box 123566, Fort Worth, Tarrant County, Texas, in this agreement referred to as seller and acting as PRIMARY supplier of the product and/or services. SECTION ONE: DESCRIPTION OF OF SERVICES TO BE RENDERED: The goods provided under this agreement are described as concrete flat work services as listed in the pricing schedule attached to blanket purchase order 17973 and under the specifications listed in Invitation to Bid 340-2010 as issued on May 27, 2010 and approved by the City of Grapevine, Texas City Council on July 20, 2010. The seller shall provide all labor, material and services necessary at a high standard to provide these goods and as agreed to by the Buyer and Seller. SECTION TWO: TERM OF CONTRACT The contract term shall begin on July 20, 2010 and end on July 19, 2011. SECTION THREE: OPTION TO RENEW After completion of the initial contract period, the Buyer will have the right and option to extend the term of the agreement for four additional one (1) year periods upon the same terms and conditions. This contract is for the initial contract period. The Seller shall have the right to decline any option to renew. Should the Seller decline to renew any renewal option, the Buyer shall have the right to offer the item/s awarded to the next lowest bidder meeting all of the bid specifications or to re -bid the awarded itern/s. SECTION FOUR: OPTION TO TERMINATE AGREEMENT The buyer and seller will have the right and option to terminate the agreement for any reason upon thirty (30) days written notice. Should the seller default on any of the terms of this agreement or not be able to deliver goods within the delivery lead time offered in Invitation to bid 340-2010, the Buyer shall have the right to cancel the agreement immediately and purchase the item/s from the best available source_ SECTION FIVE: BLANKET ORDER FOR THE SALE OF GOODS Buyer shall order from the items described and listed in the pricing schedule attached to blanket purchase order 17973 on a non-exclusive, "as needed", basis. Orders placed by the Buyer will be done so utilizing contract release authorizations by the requesting department. City of Grapevine A Future with a Past Page 1 Annual Contract for Sale of Goods SECTION SIX: ANNUAL PRICING AGREEMENT This agreement will contain a fixed pricing structure for the term of the agreement. All pricing shall remain firm during each contract or renewal period. If allowed by the terms of the original Invitation to Bid, a price re -determination may be considered at the end of each renewal period. Any price adjustment requests must be accompanied by written support for the increase requested and must be approved in writing by the buyer. If a price re -determination was not allowed under the original solicitation, then all pricing must remain firm during the original contract period and any renewal period. It is understood that quantities listed in the original solicitation or any subsequent documentls issued as an attachment to this contract are estimates and are NOT a commitment to buy any specific quantity. SECTION SEVEN: SELLERS OBLIGATIONS The seller shall fully and timely provide all deliverables ordered on an as needed basis and as described in the pricing attachment to this agreement and in the sellers offer in strict accordance with the terms, covenants, and conditions of invitation to bid number 340-2010 that shall be a part of this contract. Deliverables shall be made in accordance with all applicable Federal, State, and local laws, rules, and regulations. SECTION EIGHT: SELLER TO PACKAGE DELIVERABLES The seller shall package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price. SECTION NINE: TITLE & RISK OF LOSS Title to and risk of loss of the deliverables shall pass to the Buyer only when the Buyer actually receives and accepts the deliverables. SECTION TEN: DELIVERY TERMS AND TRANSPORTATION CHARGES Deliverables shall be shipped F.O.B. point of delivery and within the delivery lead times offered in Invitation to bid 340-2010. The Seller's price shall be deemed to include all delivery and transportation charges. The Buyer shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be as specified by the requesting department. SECTION ELEVEN: RIGHT OF INSPECTION AND REJECTION The Buyer expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non -conforming deliverables. City of Grapevine A Future with a Past Page 2 Arnual Contract for Sale of Goods SECTION TWELVE: INVOICES The Seller shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the Buyer, a separate invoice must be sent for each shipment or delivery made. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges. if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. Unless otherwise instructed in writing, the Buyer may rely on the remittance address specified on the Seller's invoice. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The Buyer will furnish a tax exemption certificate upon request. SECTION THIRTEEN: PAYMENT ON RECEIPT Buyer shall make payment for the goods at the time when, and at the place where., the goods are received by buyer. All proper invoices received by the Buyer will be paid within 30 days of the Buyer's receipt of the deliverables or of the invoice, whichever is later. If payment is not timely made, interest shall accrue on the unpaid balance at the lesser of one percent per month or the maximum lawful rate; except, if payment is not timely made for a reason for which the Buyer may withhold payment hereunder, interest shall not accrue until ten days after the grounds for withholding payment have been resolved. If partial shipments or deliveries are authorized by the Buyer, the Seller will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. The Buyer may withhold or set off the entire payment or part of any payment otherwise due the Seller to such extent as may be necessary on account of: i, delivery of defective or non -conforming deliverables by the Seller; ii, third party claims, which are not covered by the insurance which the Seller is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Seller to pay Subcontractors, or for labor, materials or equipment, iv. damage to the property of the Buyer or the Butler's agents, employees or contractors, which is not covered by insurance required to be provided by the Seller; v, reasonable evidence that the Seller's obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay, vi. failure of the Seller to submit proper invoices with all required attachments and supporting documentation; or vii. failure of the Seller to comply with any material provision of the Contract Documents. The Buyer's payment obligations are payable only and solely from funds appropriated and available for the purpose of this purchase. The absence of appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not appropriated or available and any deliverables delivered but unpaid shall be returned to the Seller. SECTION FOURTEEN: RISK OF LOSS The risk of loss from any casualty to the goods, regardless of the cause, shall be the responsibility of the seller until the goods have been accepted by the buyer. SECTION FIFTEEN: WARRANTY OF NO ENCUMBRANCES Seller warrants that the goods are now free, and that at the time of delivery shall be free from any security interest or other lien or encumbrance. City of Grapevine A Future with a Past Page 3 Annual Contract for Sale of Goods SECTION SIXTEEN: WARRANTY OF PRICE The Seller warrants the prices quoted to the buyer are no higher than the Seller's current prices on orders by others for like deliverables under similar terms of purchase. The Seller certifies that all prices have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. In addition to any other remedy available, the Buyer may deduct from any amounts owed to the Buyer, or otherwise recover, any amounts paid for items in excess of the Seller's current prices on orders by others for like deliverables under similar terms of purchase. SECTION SEVENTEEN: WARRANTY OF DELIVERABLES The Seller warrants and represents that all deliverables sold the Buyer under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Seller, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the contract, the deliverables shall be new and not used or reconditioned. The Seller may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. Unless otherwise specified in the Contract or in the solicitation, which has been made a part hereof, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Seller shall promptly upon receipt of demand either repair the non- conforming deliverables, or replace the non -conforming deliverables with fully conforming deliverables, at the Buyer's option and at no additional cost to the Buyer. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs, shall be borne exclusively by the Seller. The Buyer shall endeavor to give the Seller written notice of the breach of warranty within thirty (30) days of discovery of the breach of warranty, but failure to give timely notice shall not impair the Buyer's rights. If the Seller is unable or unwilling to repair or replace defective or non -conforming deliverables as required by the Buyer, then in addition to any other available remedy, the Buyer may purchase conforming deliverables from other sources. In such event, the Seller shall pay to the Buyer upon demand the increased cost, if any, incurred by the Buyer to procure such deliverables from another source. If the Seller is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty, the Seller shall transfer and assign such manufacturer's warranty to the Buyer. If for any reason the manufacturer's warranty cannot be fully transferred to the Buyer, the Seller shall assist and cooperate with the Buyer to the fullest extent to enforce such manufacturer's warranty for the benefit of the Buyer. SECTION EIGHTEEN: WARRANTY OF TITLE Seller warrants that at the time of signing this agreement, seller neither knows nor has reason to know of the existence of any outstanding title or claim of title hostile to the rights of seller in the goods. City of Grapevine A Future with a Past Page 4 Annual Contract for Sale of Goods SECTION NINETEEN: RIGHT OF INSPECTION Buyer shall have the right to inspect the goods on arrival and, within 10 business days after delivery, buyer must give notice to seller of any claim for damages on account of condition, quality or grade of the goods, and buyer must specify the basis of the claim of buyer in detail. The failure of buyer to comply with these conditions shall constitute irrevocable acceptance of the goods by buyer. SECTION TWENTY: DEFAULT The Seller shall be in default under the Contract if the Seller (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under the contract, or (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States. SECTION TWENTY-ONE: FRAUD Fraudulent statements by the Seller during the contract term shall be grounds for the termination of the Contract for cause by the Buyer and may result in legal action. SECTION TWENTY-TWO: INDEMNIFICATION For the consideration included in the proposal price, Seller shall pay, indemnify, and save harmless, the City, its agents, guests, consultants, invitees, and employees, from all suits, actions, claims, demands, losses, expenses, including attorney's fees, costs, and judgments of every kind and description to which the C;ty, its agents, guests, consultants, invitees, or employees may be subjected to by reason of injury to persons or death or property damage, resulting from or growing out of any act of commission omission, negligence, or fault of the contractor and his subcontractors, their agents or employees, committed in connection with this contract, contractors performance hereof, or of any work performed hereunder. Seller and his subcontractors shall indemnify and save harmless the City. its agents, or employees and consultants from and against all claims, demands, actiors, suits, damages, losses, expenses, costs including attorney's fees, and judgments of every kind and description arising from, based upon, or growing out of the violation of any Federal, state, county, or city law, bylaw, ordinance or regulation by the contractor, its agents, trainees, invitees, servants, and employees. SECTION TWENTY-THREE: WAIVER OF SUBROGATION The Seller and his subcontractors shall require their insurance carrier, with respect to all insurance policies, to waive all rights of subrogation against the City of Grapevine, Texas, its commissioners, partners, officials, directors, officers. agents, and employees and against all other contractors and subcontractors. City of Grapevine A Future with a Past Page 5 Annual Contract for Sale of Goods SECTION TWENTY-FOUR: NOTICES Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, fax, or other commercially accepted means. Notices to the Seller shall be sent to the address specified in the Seller's Offer, or at such other address as a party may notify the other in writing. Notices to the Buyer shall be addressed to the City of Grapevine at 501 Shady Brook, Room 108, Grapevine, Texas 76051 and marked to the attention of the Purchasing Division. SECTION TWENTY-FIVE: JURISDICTION AND VENUE The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Tarrant County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the Buyer to seek and secure injunctive relief from any competent authority as contemplated herein. SECTION TWENTY-SIX: MATERIAL SAFETY DATA SHEETS (MSDS SHEETS) All deliverables shall include a Material Safety Data Sheet (MSDS) for each toxic or hazardous substance or mixture containing such substance. Deliverables received that does not have an accompanying Material Safety Data Sheet (MSDS) sheet shall be refused by the buyer. The seller agrees to deliver all containers properly labeled. Failure to submit a Material Safety Data Sheet (MSDS) sheet and/or label on each container will place the seller in non-compliance under the contract and may be cause to cancel the contract. SECTION TWENTY-SEVEN: INVALIDITY The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. City of Grapevine A Future with a Past Page 6 Arnual Contract for Sale o` Goods SECTION TWENTY-EIGHT: DISCLOSURE OF CERTAIN RELATIONSHIPS The seller agrees to disclose any relationships with any City Elected Official, City Officer or City Staff Member in accordance with H.B. 914 of the 791h Texas Legislature that requires a vendor that wishes to conduct business or be considered for business with the City of Grapevine, Texas to file a conflict of interest questionnaire. The Disclosure Act applies to all persons or businesses who conduct business with the City, including those who submit bids on city contracts, make purchases of surplus city property, or participate in any other purchase or sales transactions with a city. Pursuant to the requirements of Section 176.002(a) of the Texas Local Government Code, vendors or respondents who meet the following criteria must fill out a conflict of interest questionnaire no later than the 7'h day after the person begins contract discussions or negotiations' with the City or submits to the City 'an application, response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City: A vendor or respondent that- (1) contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity; or 2) is an agent of a person described in Subdivision (1) in the person's business with a local governmental entity.' Any person who meets the criteria, as for enforcement to ensure the veracity of the vendors, the statute makes it a Class C Misdemeanor to violate the vendor disclosure provisions." The forms required to comply with the above Government Code are available on the Ethics Commission website at http://www.ethics.state.tx.us/forms/CIS.pdf SECTION TWENTY-NINE: DOCUMENTS INCLUDED WITH THIS CONTRACT The following documents shall be made a part of and will be included with this contract: • Blanket Purchase order 17973 with attached pricing schedule City of Grapevine A Future with a Past Page 7 Annual Contract for Sale of Goods The City of Grapevine, Texas (Grapevine TX Purchasing) Supplier Response Bid Information Bid Creator Bob Smeby Purchasing Agent Email bsmeby@grapevinetexas.gov Phone (817)410-3335 Fax (817)410-3066 Bid Number RFB 378-2012 Addendum 1 Title Concrete Curb, Gutter and Flatwork Annual Contract Bid Type Request for Bid Issue Date 02/16/2012 Close Date 3/15/2012 2:00:00 PM CST Need by Date Supplier Information Company Manning Concrete Sawing Address 9536 Santa Monica Contact Department Building Floor/Room Telephone Fax Email Submitted Total Signature Supplier Notes Bid Notes FortWorth, TX 76116 1 (817) 991-9483 1 (817) 991-9483 3/11/2012 12:29:24 PM CST $490.68 Contact Information Address 501 Shady Brook Drive Suite 108 Grapevine, TX 76051 Contact Bob Smeby Purchasing Agent Purchasing Department Building Service Center 108 Floor/Room Telephone (817) 410-3335 Fax (817) 410-3066 Email Ship to Information Address 501 Shady Brook Lane Contact Department Building Floor/Room Telephone Fax Email bsmeby@grapevinetexas.gov Grapevine, TX 76051 The City of Grapevine is soliciting sealed bids for establishing an annual fixed price contract with four one year optional renewals for Concrete Curb, Gutter and Flatwork Construction. Bid Activities Bid Messages Please review the following and respond where necessary RFB 378-2012 Addendum 1 - Page 1 of 7 # Name Note Response Interlocal Clause 2 Bid Cerification Digital Signature INTERLOCAL AGREEMENT CLAUSE: Several Governmental entities around the City of Grapevine participate in interlocal agreements with the City of Grapevine. Should the governmental entities elect to participate in this contract, would you, (the vendor)agree that all terms, conditions, specifications, and pricing would apply? If yes, the following will apply: Governmental Entities utilizing internal Government contracts with the City of Grapevine will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded under as a result of this solicitation. All purchases by Governmental Entities other than the City of Grapevine will be billed directly to that Governmental Entity and paid by the Governmental Entity. City of Grapevine will not be responsible for another Governmental Entity's debt. Each Governmental Entity will order materials or services as needed. BIDDERS CERTIFICATION: I, the undersigned, by digitally signing, agree that I have read and understand all of the terms and conditions, specifications, and requirements contained on each page of this Invitation to Bid. I also understand that if this proposal is accepted by The City of Grapevine that all of the terms and conditions, specifications, and requirements submitted in my proposal and any additions, changes, or deletions made during negotiations will be made a part of this proposal under a binding contract between my company and the City of Grapevine, Texas. I also certify that this proposal is made without previous understanding, agreement, or connection with any person, firm, or corporation making a proposal for the same materials, and is in all fair and without collusion or fraud. By entering your name in the field provided, you are accepting the terms of this bid. You agree that your typed name will serve as your electronic digital signature. Yes Henry F. Manning RFB 378-2012 Addendum 1 - Page 2 of 7 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and date first written above. SELLER: Signature Company Name hElNRV F MAINI_MX IJ3 sua Typed/Printed Name Company Address r;t ►? Mee- ROF, uJoni , IX -7l,91 a I Company Title City State Zip THE STATE OF TEXAS § Seller Acknowledgment COUNTY OF TARRANT§ BEFORE ME, the undersigned authority. a Notary Public in and for the State of Texas, on this day personally r— I appeared q[ -A' Y known to me to be the person and officer whose name is subscribed to the foregoing instrument, and a knowledged to me that he/she executed same for nd as the act of l7�f .� � + �. at►. �'xt tl CT i -�- a Texas corporation, and as n k.,./ I'%-- t , thereof, ands for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE on t the �cday of 2010. I �4() 'D 14 Notary Public In and For The State of Texas 111WE b aC-PJN&T- Notary's Printed Name My Commission Expires:_ I a�ri 013 City of Grapevine A Future with a Past Page 8 Annual Contract for Sale of Goods BUYER: By z- Signature Bruno Rumbelow Typed/Printed Name City Manager Company Title THE STATE OF TEXAS § COUNTY OF TARRANT§ City of Grapevine Company Name 200 S. Main St. Company Address Grapevine, Texas 76051 City State Zip Buyer Acknowledgement BEFORE ME, the undersigned aut�ity, a,Nota y Public in and for the State of Texas, on this day personally appeared P7C LIVID \)M 2 0u�, known to me to be a person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she execute ame for aqd �s the act of the Ulty OT grapevine, I exas, a I exas municipal corporation, and as Q4, thereof, and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ay CAIJ 2010. Notary Public In and For The State of Texas S. RIVERA f * + NOTARY PUBLIC ( lI e� STATE OF TEXAS �9 OF P COMMISSION EXPIRES 8-8-13 Notary's Printed Name My Commission Expires: City of Grapevine A Future with a Past Page 9 Annual Contract for Sale of Goods