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Item 4D CITY OF Item 4D SOUTHLAKE MEMORANDUM (October 18, 2016) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve annual purchasing agreement with Manning Concrete Sawing through an Inter-local Agreement (ILA) with the City of Grapevine in an amount not to exceed $975,000 Action Requested: Approve annual purchasing agreement with Manning Concrete Sawing through an Inter-local Agreement (ILA) with the City of Grapevine in an amount not to exceed $975,000. Background Information: The City's Public Works Department requires 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 in order to maintain City streets and drainage infrastructure in good condition. In 2012, the City of Grapevine solicited bids for concrete services and after reviewing the bids, awarded Grapevine contract 378-2012 to Manning Concrete Sawing with four additional annual renewal options. In 2016, the City of Grapevine renewed the final year of the contract through 2017. Chapter 271 of the Texas Local Government Code permits governmental entities to enter into ILA to piggyback on contracts which have met the statutory bidding requirements. The City of Southlake wishes to award its annual purchasing agreement to Manning Concrete Sawing through its ILA with the City of Grapevine. City staff compared current pricing for concrete to Manning's. Recent City pricing obtained through the bidding process for the Torian Lift Station CIP project ranged from $85 to $177 per square yard for the removal and replacement of concrete to the City's standard of 6-inch thickness. North Texas Contracting was awarded the Torian contract at a concrete price of $100 per square yard. Manning Concrete Sawing's pricing for typical removal and replacement of 6-inch thick concrete is $9.53 per square foot or $85.77 per square yard. City of Southlake Values: Integrity Innovation♦Accountability♦Commitment to Excellence ♦Teamwork Item 41) In addition to a better price per square yard, utilizing the ILA locks in the unit pricing for the year. Additionally, Manning Concrete Sawing's pricing is all inclusive; it includes excavation, haul off, and the addition of cement treated base (CTB) for sub-grade repairs and rebar. Other vendors' charge for these items individually. The City's Streets Division is historically the largest consumer of these services and utilized Manning Concrete Sawing most recently for the reconstruction of several Southlake Town Square sidewalks including sidewalks in front of Mi Cocina and alongside Coach; for the construction of a new sidewalk segment along E. Continental Blvd. at Breezeway for pedestrian connectivity to Old Union Elementary School; and for the Shady Oaks roadway reconstruction project for the installation of concrete ribbon curb. A detailed three year history of projects and expenditures is provided for review in Attachment B. Financial Considerations: The State of Texas and the City of Southlake purchasing requirements have been met by purchasing this service through an ILA with the City of Grapevine. Funding for projects under this contract is provided in the annual operating budget for Public Works Operations and the FY 2017 CIP. In FY 2014, the City spent $981,868, in FY 2015, the City spent 804,159, and in FY 2016 to date, the City has spent $581,182 with Manning Concrete Sawing. Please refer to Attachment B for a detailed history of projects and expenditures. 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 collaborate with select partners to implement service solutions, and to provide and maintain high quality public assets. Citizen Input/ Board Review: N/A Legal Review: This agreement conforms with the previous ILA that have been reviewed by the City attorney. Alternatives: The City Council may approve or deny this annual purchase agreement. Supporting Documents: Attachment A: Renewal letter for April 3, 2016 - April 2, 2017 Item 4D Attachment B: Three year history of projects and expenditures with Manning Concrete Sawing. Attachment C: Inter-local government agreement for purchasing Staff Recommendation: Approve annual purchasing agreement with Manning Concrete Sawing through an Inter-local Agreement (ILA) with the City of Grapevine in an amount not to exceed $975,000. Staff Contact: Rob Cohen, Director of Public Works Cristina McMurray, M.P.A, C.P.M, Deputy Director/Operations Attachment A 1VfU . 5 3 a� Renewal Notification Manning Concrete Sawing Attention: Henry Manning 9536 Santa Monica Fort Worth, Texas 76116 March 16, 2016 Re:CONTRACT RENEi AL LETTER City of Grapevine Contract with;renewals: #378-2012 Contract Title: Concrete Curb, Gutter and Ffatwork Services Renewal Options: Final optional renewal Renewal period: April 3, 2016 through April 2,2017 Renewal Purchase Order: 20783(Alf invoices must have this P.O. listed) Mr. Manning: The City of Grapevine wishes to exercise the final renewal option for contract RFB 376-2012 with Manning Concrete Sawing for Concrete Curb, Gutter and FWwork Services based on your renewal conformation under the same Terms and Conditions for the contract renewal period. The above referenced contract with R.O. 20397 will expire on April 2,2016, Blease sign this Contract Renewal letter and return to Lance Wright at fv t_ ht@grapevinetexas.gav or fax 817-410-3066 within five business days of this notification. All invoices must reference the current Purchase Order 20783 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. Sincere) nce Wright Purchasing Coordinator l'urchasing (817)410-33361;Fax (817)410-3066 Office Addres:i: 501 Shady Brook Drive,Room##108,Grappvine,Texas 76051 Page 1 of 2 �w ,GK- IUDE Y #• t ; i'r ACCEPTANCE Bate:� [ Signed: Printed name; Al!taehrnent: Renewal Purchaserd � er Purchasing (817) 41.0-3336;Fax(8I7)410-3066 Office Address: 501 Shady Brook Drive,Room 4108,Grapevine,Texas 76051 Page 2 of 2 Attachment B City Council Item 4D Project and Expenditure History FY 2014 - 2016 October 18, 2016 Subject: Approve annual purchasing agreement with Manning Concrete Sawing through an Inter-local agreement with the City of Grapevine in an amount not to exceed $975,000 FY 2016 10/1/2015 -09/30/2016 # Discre tion Items amount Invoice Invoice date 1 Headwall 1788 KingSWood $ 5,651.10 $ 5,651.10 9/20/2016 2 Quail Run Flume PO#21601299 $ 2,207.25 $ 2,207.25 9/20/2016 3 Pavement/Sidewalk Replacement 801 PO#21601237 $ 3,387.66 8/26/2016 4 Mission, San Miguel,Alamo, San Juan $ 14,485.60 $ 17,873.26 8/31/2016 5 1252 Main, 1420 Civic $ 4,718.61 8/11/2016 6 Continental &Breezeway $ 19,122.30 $ 28,891.41 8/16/2016 7 Breezeway Wall $ 5,050.50 8/17/2016 g Chimney Works PO#216011 10 $ 44,457.45 $ 44,457.45 8/12/2016 9 Shady Oaks Sidewalk $ 2,599.20 8/4/2016 10 587 Shady Oaks Drive Approach $ 2,648.70 $ 5,247.90 8/8/2016 11 Replace the mailbox due to wat PO#21601163 $ 1,092.50 $ 1,092.50 8/1/2016 772North BoundShady Oaks $ 36,591.47 $ 36,591.47 7/15/2016 771 13 a y a s $ 4,771.01 $ 4,771.01 7/19/2016 14 Shady Oaks Concrete Removal $ 37,128.57 $ 37,128.57 7/7/2016 15 121 Brazos, 1302 Pecos, 1400 Pecos Removal and Dis $ 3,942.42 6/27/2016 16 Replace Drive Approach 721 S W PO#21601051 $ 9,750.40 $ 13,692.82 6/21/2016 17 143b Eagle bend Ct Pavement RE PO#21601022 $ 8,319.69 $ 8,319.69 6/10/2016 18 Curb/Gutter @ 700 Helmsley, 4020 Flamingo $ 779.40 $ 779.40 5/12/2016 19 Sidewalk @ 101 Bob-o-Link and @ Peytonville $ 1,143.00 5/9/2016 20 Chesapeake Lane & Powhatan Ct $ 5,698.94 $ 6,841.94 5/10/2016 21Pavement Replacement for Manhole PO#21600886 $ 3,853.60 $ 3,853.60 4/26/2016 22 Kirkwood Dr/RemovalDisposal us $ 44,511.88 $ 44,511.88 4/19/2016 23 Sidewalk @ Main &State St $ 8,710.42 3/23/2016 24 Dartmouth Wall $ 2,538.90 $ 44,204.06 4/11/2016 25 TW King $ 32,954.74 4/13/2016 26 Byron Nelson &Continental $ 11,975.04 $ 63,875.84 3/1/2016 27 Village Green &Cresson $ 51,900.80 3/18/2016 28 Brookshire $ 7,576.35 $ 7,576.35 2/24/2016 29 Ashmore Retaining Wall PO#21600627 $ 28,665.00 2/26/2016 $ 30,548.52 30 Sewer Main Pavement Repair/605 True Love Trl PO#21600696 $ 1,883.52 2/26/2016 31 6"removal &disposal 500 sf plus-drainage flume Ardmore $ 38,528.00 2/8/2016 $ 55,577.17 32 6"removal &disposal 500 sf plus-flume 1203 & 1205 Ardmore $ 17,049.17 2/10/2016 33 Headwall @ 1350 Ten Bar Trail $ 2,500.00 12/7/2015 34 Concrete Work @ 1350 Ten Bar Trail $ 1,310.40 $ 3,810.40 12/14/2015 35 Vertical Retaining Wall @ 3360 Southlake Park $ 1,501.50 12/8/2015 36 Flume on Cross Timbers PO#21600428 $ 20,601.00 $ 22,102.50 12/9/2015 37 Federal Way&Grand Ave $ 11,531.30 11/25/2015 38 Wall on Pipe/Ridge Crest $ 2,100.00 $ 13,631.30 11/30/2015 39 Cambridge Crossing $ 819.00 11/16/2015 40 Federal Way&State St $ 18,809.70 $ 19,628.70 11/16/2015 41 Cambridge Crossing and Brighton Ct $ 2,589.84 10/26/2015 42 Concrete Work @ 908 San Saba $ 9,101.15 $ 11,690.99 10/28/2015 43 Concrete Work @ 903 San Saba $ 4,708.80 10/13/2015 44 Concrete Work @ State &Federal St $ 13,724.40 $ 52,275.72 10/13/2015 45 IState Street Concrete Work $ 33,842.52 10/13/2015 Total for FY 2016 $ 586,832.80 $ 586,832.80 Public Works Department Attachment B City Council Item 4D Project and Expenditure History FY 2014 -2016 October 18, 2016 FY 2015 10/1/2014-09/30/2015 # Discreption Items amount Invoice Invoice date 1 8"W/Removal &Disposal - $ 4,484.76 $ 4,484.76 9/3/2015 2 Sidewalk Westmont&Edgemont $ 7,989.12 8/20/2015 3 Nolen &Silicon Street Repair $ 9,463.44 8/20/2015 4 Repair irrigation @ Westmont $ 2,087.50 $ 19,915.06 8/24/2015 5 Bermuda Grass for Westmont $ 375.00 8/24/2015 6 1 bU Bentrail Concrete Work $ 3,514.35 $ 3,514.35 8/14/2015 7 Mustang Ct East Bound $ 21,202.44 7/30/2015 8 Mustang Ct East Bound Lane $ 1,601.32 $ 34,988.08 7/30/2015 9 N Carroll St Sidewalk $ 12,184.32 8/5/2015 10Removal Disposal o $ 4,647.73 $ 4,647.73 7/27/2015 11 1 N9&WatertoodRemoval isposa $ 1,854.09 $ 1,854.09 7/16/2015 12 Watermere $ 3,401.70 5/29/2015 13 S White Chapel Removal and Disposal $ 55,889.29 $ 59,290.99 7/11/2015 14 Wall For emergency Sign $ 546.00 6/15/2015 15 209 Clairden Ranch PO#21500868 $ 8,672.30 6/24/2015 16 163 Jellico $ 3,441.10 $ 14,938.73 6/29/2015 17 Oak Pointe Ln/Ridgecrest Dr $ 905.93 6/30/2015 18 Victoria Ln, Hartly Ct $ 1,373.40 7/1/2015 19 7 ea er ane $ 2,824.95 $ 2,824.95 6/23/2015 20 Central & 1709 $ 6,910.96 6/6/2015 21 1650 Creekside Retaining Wall $ 1,134.00 6/6/2015 22 1200 to 1206 Strathmore $ 19,769.50 $ 30,035.85 6/9/2015 23 Carroll &Continental $ 2,221.39 6/9/2015 24 ree si e $ 3,730.20 $ 3,730.20 6/3/2015 25 Sewer, Street, and Water bervice PUIF21 bUU8 $ 6,639.84 $ 6,639.84 5/22/2015 26 Creekside Reconstruction $ 5,993.80 5/5/2015 27 Brazos&Westmont PO#21500945 $ 3,580.36 $ 9,574.16 5/20/2015 28 Sewer, Street, and Water Service PO#21500876 $ 19,936.76 5/13/2015 29 Street Repair 1101, 1103 Brazos $ 762.40 $ 20,699.16 5/13/2015 30 UreewKway Bend/Nettleton Ur PU#21 bU0803 $ 27,875.25 $ 27,875.25 4/7/2015 31 Fire Station @ Carroll Concrete Work PO#21500451 $ 3,102.50 3/29/2015 32 True Love Trail/Install French Drain $ 933.20 $ 4,035.70 4/2/2015 33 Vertical Retaining Wall @ Truelove I rail $ 2,484.30 $ 2,484.30 3/11/2015 34 1 ruelove I rain Lane E Side $ 54,695.42 $ 54,695.42 2/19/2015 35 North Boundas i e of I ruelove I rail $ 115,940.00 $ 115,940.00 2/12/2015 36 1 ruelove I rai s Lane W Side, Drive Approaches, Lead $ 60,468.06 $ 60,468.06 2/5/2015 37 I ruelove I rail $ 104,720.00 $ 104,720.00 1/30/2015 38 ume on Heytonville&Corporate PU V 2lbUU549 $ 5,630.94 $ 5,630.94 1/20/2015 39 N Carrolli ewa ns a ipe Tor Urive Approach $ 11,355.96 1/7/2015 40 N Carrollsidewalk $ 6,958.00 $ 18,313.96 1/13/2015 41 Carroll &Federalay Installation of Brickavers $ 6,516.80 $ 6,516.80 1/6/2015 42 Installation of Brickavers arroDove $ 32,734.24 $ 32,734.24 12/15/2014 43 Delmar North on Carroll Ave $ 26,184.08 $ 26,184.08 12/18/2014 44 Penninsula Lift Station PO#21500474 $ 6,232.62 12/15/2014 45 Drainage Flume Install at Dove PO#21500489 $ 1,922.76 $ 11,131.08 12/16/2014 46 1061 Southcrest CT/Vertical Retaining Wall $ 2,975.70 12/16/2014 47 303 Shadybrook $ 12,865.50 12/9/24 48 Street failure Water break Shadybrook PO#21500435 $ 14,913.33 $ 27'778.83 0112/9/2014 49 Peytonville&Red Wing Side walk Street Repair $ 17,703.08 12/3/2014 50 Brentwood&White Chapel Sidewalk $ 820.80 $ 18,523.88 12/2/2014 51 Sidewalk e onvi e& 1709 $ 31,888.08 $ 31,888.08 11/25/2014 52 S Carrolla Paloma Concrete Retaining Wall $ 8,872.50 $ 8,872.50 11/13/2014 53Park rest Dr/Concrete Drive Approach $ 29,226.90 $ 29,226.90 9/30/2014 Total for FY 2015 $ 804,157.97 $ 804,157.97 Public Works Department Attachment B City Council Item 4D Project and Expenditure History FY 2014-2016 October 18,2016 FY 2014 10/1/2013-09/30/2014 # Discreption Items amount Invoice Invoice date 1 DPS Office Curb/Gutter Removal $ 9,348.33 9/17/2014 2 Sidewalk n White Chapel&Brentwood Ct $ 15,321.60 $ 26,826.63 9/25/2014 3 White Chapel Vertical Retaining Wall $ 2,156.70 9/29/2014 4 Federal Way&Carroll Install Brick Pavers $ 28,401.10 8/29/2014 5 Vertical Retaining Wall 2425 Ridge Crest $ 2,047.50 $ 30,448.60 9/9/2014 6 Brazos and Llano Ct $ 7,411.61 8/21/2014 7 Concrete Work/Timber Lake Ct,Timber Lake Way $ 7,509.64 $ 14,921.25 8/26/2014 ghigh veritcal retaining wall-2575 Ridge Crest $ 1,856.40 $ 1,856.40 8/11/2014 9 4"with removal and disposall-500 sf.6"curb&18"gutter $ 12,266.51 8/6/2014 1"Thick,3-4'high verticle Retaining Wall-Ridgecrest& $ 15,979.31 10 Dominion $ 3,712.80 8/6/2014 w removal and disposal - sf,install brick pavers, cur 11 &18"gutter-Ridgecrest Dr $ 84,003.84 $ 84,003.84 7/23/2014 6"removal&disposal 1-500 sf,6"curb&18"gutter,E Cimarron, 12 W 609 Overland,716 Overland,Cimarron $ 6,532.16 $ 73,585.24 5/9/2014 13 6"removal and disposal 500 sf plus-615 Dominion $ 67,053.08 6/25/2014 6"removal&disposal 1-500 sf,6"curb&18"gutter-1719 14 Mesquite Rd $ 6,516.53 5/28/2014 15 6"removal and disposal 500 sf plus-Mission,Alamo,San Saba $ 67,186.50 $ 107,098.17 6/13/2014 16 6"removal and disposal 500 sf plus-805 Heathergleen Ct. $ 26,379.04 6/16/2014 1"thick,3-4'high verticle Retaining Wall-Carlisle La.Vino 17 Rosso $ 7,016.10 6/18/2014 removal disposal sf plus-Street repair Mission&San 18 Saba $ 96,824.80 $ 96,824.80 6/6/2014 19 removal disposal - s -1300 Westmont Ct. $ 1,824.66 $ 1,824.66 5/29/2014 20 1"3-4'High veritcal retaining wall-Ridgecrest wall sidewalk $ 2,511.60 5/27/2014 21 6"removal and disposal 500 sf plus,333,345,407 Pearson Ln. $ 11,340.70 $ 16,792.48 5/27/2014 6"removal&disposal 1-500 sf,6"curb&18"gutter-725 22 Overland Tr $ 2,940.18 5/28/2014 6"curb&18"gutter,6"&8"removal and disposal 500sf-E 23 Cimarron,S Cumberland,W Overland $ 41,782.74 5/1/2014 24 4"no removal 500 sf plus install pipe 18"Ridgecrest $ 8,477.76 $ 52,212.94 5/16/2014 25 6"no removal for 1-500 sf-419 Pearson Lane $ 1,952.44 5/19/2014 26 6"removal&disposal 1-500 sf-Lourdes&Fontaine Dr. $ 4,394.88 $ 7,428.96 5/9/2014 27 8"removal and disposal 500sf plus Pearson Rd $ 3,034.085/14/2014 6"removal and disposal 1-500sf 6"curb&18"gutter-E Overland 28 Tr $ 7,195.92 $ 8,395.92 5/6/2014 29 Install 200'french drain E Overland Tr $ 1,200.00 5/6/2014 removaldisposals cur an gutter. Cimarron 30 Trl,E Cimarron Trl,S Cumberland Trl. $ 30,846.67 $ 30,846.67 4/25/2014 removal disposal, cur gutter-Vista TrI,E Overland 31 Trl,N Cimmaron Trl,W Cumberland Trl $ 34,623.68 $ 34,623.68 4/11/2014 32 6"removal&disposal 500 sf plus-304&306 Timberlake Dr. $ 36,610.56 3/10/2014 33 6"removal&disposal 500 sf Plus-210 Timberlake Way $ 38,680.80 $ 75,291.36 3/10/2014 34 removal sf plus-Byron Nelson&Zena Rucker $ 1,500.00 2/20/2014 35 8"removal 500 sf plus-Byron Nelson&Zena Rucker-balance $ 727.68 $ 3,763.27 2/20/2014 4"removal&disposal 1-500 sf 6"curb&18"gutter,8"concrete 36 removal 1-500sf-Shady Oaks $ 1,535.59 2/20/2014 37 6"removal&disposal 500 sf,6"curb&18"gutter-205 Miron $ 38,370.02 $ 38,370.02 2/4/2014 38 removal disposal s -Greenbriar street repair $ 4,667.12 $ 4,667.12 1/25/2014 39 6"removal&disposal 500sf 6"curb and 18"gutter-Greenbrair $ 26,942.55 $ 42,881.55 1/21/2014 40 8"1-2'High veneer rock vertical retaining wall-Diamond $ 15,939.00 1/21/2014 41 removal and disposals pus Diamond @ 1709 $ 31,313.10 $ 31,313.10 1/8/2014 42 6"removal and disposal 500 sf-Greenbriar $ 56,595.64 $ 79,104.96 1/3/2014 43 6"removal and disposal 500 sf-Greenbriar&Greenwood $ 22,509.32 1/8/2014 44 removal and disposals -Kleberg go brezos $ 21,782.92 $ 21,782.92 12/20/2013 45 1"3-4'High veritcal retaining wall-Kingswood $ 1,794.00 12/16/2013 46 1"3-4'High veritcal retaining wall-1709&Diamond $ 858.00 $ 44,438.16 12/16/2013 47 6"removal&disposal 500 sf-Oak Hills $ 41,786.16 12/13/2013 48 removal disposal s -1316 Pecos $ 7,164.12 $ 7,164.12 11/13/2013 49 Install flumes-Woodbury&Chesaspeake $ 3,384.70 11/13/2013 50 1"3-4'high veritcal retaining wall-Kingswood $ 1,794.00 $ 6,348.70 11/11/2013 51 1"3-4'high veritcal retaining wall-Peytonville $ 1,170.00 11/11/2013 52 removal and disposals -207 KillDeer $ 23,073.04 1 $ 23,073.04 1 10/10/2013 Total for FY 2014 $ 981,867.87 $ 981,867.87 Public Works Department Attachment C The City of Grapevine, Texas (Grapevine TX Purchasing) Supplier Response Bid Information Contact Information Ship to Information Bid Creator Bob Smeby Purchasing Address 501 Shady Brook Drive Address 501 Shady Brook Lane Agent Suite 108 Email Grapevine,TX 76051 Grapevine,TX 76051 bsmeby@grapevinetexas.gov Contact Bob Smeby Contact Phone (817)410-3335 Purchasing Agent Fax (817)410-3066 Purchasing Department Department Building Bid Number RFB 378-2012 Addendum 1 Building Service Center Title Concrete Curb, Gutter and 108 Floor/Room Flatwork Annual Contract Floor/Room Telephone Bid Type Request for Bid Telephone (817)410-3335 Fax Issue Date 02/16/2012 Fax (817)410-3066 Email Close Date 3/15/2012 2:00:00 PM CST Email Need by Date bsmeby@grapevinetexas.gov Supplier Information Company Manning Concrete Sawing Address 9536 Santa Monica Fort Worth, TX 76116 Contact Department Building Floor/Room Telephone 1 (817)991-9483 Fax 1 (817)991-9483 Email Submitted 3/11/2012 12:29:24 PM CST Total $490.68 Signature Supplier Notes Bid Notes 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 1 nterlocal Clause INTERLOCAL AGREEMENT CLAUSE: Yes 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. 2 Bid Cerification Digital Signature BIDDERS CERTIFICATION: 1,the undersigned, by Henry F. Manning 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. RP8 378-2012 Addendum 1 - Page 2 of 7 Al WE T h i s`� 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 1wri-ght(c)-grapevinetexas.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. Sincerel Lance Wright Purchasing Coordinator Parehasing (817) 410-3336; Fax (817) 410-3066 Office Address: 501 Shady Brook Drive, Room#108, Grapevine, Texas 76051 Page 1 of 2 off9com low,",QN Mar 24 1504:22p p,2 A_ ACCEPTANCE -- 2 Date., -5 -9 - j L Signed: A' Ct.- Printed name: -ell A.N. ti Attachment: Rerevval Purchase Order (817 410-3336; .I.,',,,x Oil -'Ve, R 00III O-X, Gvapevino, 1"exas 7605 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 iternt's awarded to the next lowest bidder meeting all of the bid specifications or to re-bid the awarded item/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 fron- 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 documents 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 inciude 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 de4ivery 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 Annual 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 Buyer'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 Goads 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 City, 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, contractor's 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, actions, 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 Annual Contract for Sale of 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 Contact Information Ship to Information Bid Creator Bob Smeby Purchasing Address 501 Shady Brook Drive Address 501 Shady Brook Lane Agent Suite 108 Email Grapevine,TX 76051 Grapevine,TX 76051 bsmeby@grapevinetexas.gov Contact Bob Smeby Contact Phone (817)410-3335 Purchasing Agent Fax (817)410-3066 Purchasing Department Department Building Bid Number RFB 378-2012 Addendum 1 Building Service Center Title Concrete Curb, Gutter and 108 Floor/Room Flatwork Annual Contract Floor/Room Telephone Bid Type Request for Bid Telephone (817)410-3335 Fax Issue Date 02/16/2012 Fax (817)410-3066 Email Close Date 3/15/2012 2:00:00 PM CST Email Need by Date bsmeby@grapevinetexas.gov Supplier Information Company Manning Concrete Sawing Address 9536 Santa Monica Fort Worth, TX 76116 Contact Department Building Floor/Room Telephone 1 (817)991-9483 Fax 1 (817)991-9483 Email Submitted 3/11/2012 12:29:24 PM CST Total $490.68 Signature Supplier Notes Bid Notes 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 1 nterlocal Clause INTERLOCAL AGREEMENT CLAUSE: Yes 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. 2 Bid Cerification Digital Signature BIDDERS CERTIFICATION: 1,the undersigned, by Henry F. Manning 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. RP8 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: �7 940t___P�_) Signature Company Name Typed/Printed Name Company Address 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 �i / ,� I appeared —T Ult F AlAtN 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 ford as the act of o``, Aj'xt11C -t ,-�-a Texas corporation, and ast thereof, and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on t the ��`day of 2010. Notary Public In and For The State of Texas Notary's Printed Name My Commission Expires: City of Grapevine A Future with a Past Page 8 Annual Contract for Sale of Goods BUYER: By /�—, City of Grapevine Signature Company Name Bruno Rumbelow 200 S. Main St. Typed/Printed Name Company Address City Manager Grapevine, Texas 76051 Company Title City State Zip THE STATE OF TEXAS§ Buyer Acknowledgement COUNTY OF TARRANT§ BEFORE ME, the undersigned autl�'ity, a,Nota y Public in and for the State of Texas, on this day personally appeared Q77 LlIQ-oytM 2 out, 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 aQjd the act of the City of Grapevine, Texas, a Texas municipal corporation, and as lit t"Gj )�q Q4 , thereof, and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the ay u 2010. Notary Public In and For The State of Texas xF�e(� S. RIVERA * + NOTARY PUBLIC ( V e��vl STATE OF TEXAS COMMISSION EXPIRES 8-8-13 Notary's Printed Name �/ My Commission Expires: l� City of Grapevine A Future with a Past Page 9 Annual Contract for Sale of Goods