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Item 4E MemoCITY OF 5OUTHLAKE MEMORANDUM (January 21, 2020) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Item 4E Subject: Approve an annual purchase agreement with Martin Marietta Materials, Inc. for aggregate street materials through an Interlocal Agreement (ILA) with the City of Grapevine in an amount not to exceed $75,000. Action Requested: Approve an annual purchase agreement with Martin Marietta Materials, Inc. for aggregate street materials through an Interlocal Agreement (ILA) with the City of Grapevine in an amount not to exceed $75,000. Background Information: The Streets & Drainage Division require the purchase of aggregate materials such as cement treated road base (CTB), cement treated sand (CTS), and rock. These materials are necessary for street repairs, for drainage maintenance, and to facilitate utility repairs under pavement. In addition, these materials provide soil stabilization and increase pavement strength which contributes to completing any paving project faster. Martin Marietta Materials, Inc. is the sole source provider of CTB CTS, and its trademark SuperSlurry; all produced in a pug mill plant in the DFW Metroplex. These materials have a shelf life of approximately three hours, and therefore must be purchased locally. Financial Considerations: The City's purchasing policy is met through an ILA with the City of Grapevine for aggregate street materials. On September 5, 2019, the City of Grapevine renewed its contract RFB458-2017 for aggregate streets materials; this renewal is the second of four one-year renewal options (Attachment A). Page 1 of 2 Item 4E Funding for these purchases is provided in the General Fund of the FY 2020 budgets via the annual operating budget for the Streets & Drainage Division and the Capital Improvement Program budget. Expenditures will not exceed budgeted funds. Strategic Link: This item links to the City's Strategy Map strategic focus areas of Mobility, Infrastructure, and Partnerships & Volunteerism. It specifically relates to the City's Corporate Objectives, 132: Collaborate With Select Partners To Implement Service Solutions, and F2: Invest To Provide & Maintain High Quality Public Assets. Citizen Input/ Board Review: None. Legal Review: The agreement conforms to previous ILA that has been reviewed by the City Attorney. Alternatives: The City Council may approve or deny the purchase agreement. Staff Recommendation: Approve an annual purchase agreement with Martin Marietta Materials, Inc. for aggregate street materials through an Interlocal Agreement (ILA) with the City of Grapevine in an amount not to exceed $75,000. Supporting Documents: Attachment A: City of Grapevine Reviewal Contract RFB458-2017 Attachment B: Sole Source Letters Staff Contact: Rob Cohen, Director of Public Works Kyle D. Hogue, P.E., Deputy Director/City Engineer Jack Thompson, Operations Manager Page 2of2 Renewal Notification Martin Marietta Materials, Inc. Chris Moretti Christopher. MorettiCa)-martinma rietta. com 10615 Spangler Road Dallas, Texas 75220 September 5, 2019 Re: CONTRACT RENEWAL LETTER City of Grapevine Contract with Renewals: RFB 458-2017 Contract Title: Aggregate Materials -Cement Treated Renewal Options: Second of four one-year optional renewals Renewal period: October 4, 2019 through October 3, 2020 Renewal Purchase Order: PO -22187 The City of Grapevine has decided to renew this contract based on your renewal confirmation with documented increases in pricing under the same Terms and Conditions for the renewal period noted. All invoices must reference the current Purchase Order. Please return the attached renewal documents by email and an updated current Insurance Certificate if required in the 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 sign this Contract Renewal letter and return to Lance Wright at lwright cx grapevinetexas.goy or fax 817-410-3066 within five business days of notification. Please let me know if you have any questions. Sincerely, _ 1,0 Lance Wright Acting Purchasing Agent Purchasing (817) 410-3335; Fax (817) 410-3066 Office Address: 501 Shad- Brook Drive, Room #108, Grapevine, Texas 76051 Page 1 of 2 ACCEPTANCE Date: Signed: Printed name - Attachment: Renewal Purchase Order Purchasing (817)410-3335;Fax (817) 4]o-3066 Office Address: 501 Shady Brook Drive, Room #I OS, Grapevine, Texas 76051 Page 2 of 2 O Ci 4 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR CONTRACTS AND GRANTS Name of Individual, Agency, Business or Organization as RFBA68.2017 Adgreaate Materials PO -22187 Applicable Procurement or Solicitation #, if any: READ CAREFULLY BEFORE SIGNING THIS CERTIFICATION. Federal regulations require contractors, bidders, and sub grantees to sign and abide by the terms ofthis certification, without modification, in order to participate in certain transactions directly or indirectly involving federal funds. The City has the policy to require this certification from all entities doing business with the City regardless of the funding sources. 1. By signing and submitting this certification, the prospective vendor/grantee is attesting/acknowledging the representations set out below. 2. This certification is a material representation of fact upon which the City of Grapevine, Texas (the "City") will rely on when this transaction is entered into. If it is later determined that the prospective vendor/grantee knowingly rendered an erroneous certification, in addition to other remedies available to Federal or State departments or funding agency(s), the City may pursue an its own available remedies, including contract termination, suspension and debarment. 3. The prospective vendor/grantee shall provide immediate written notice to the City, Managing Director of Fiscal Services, 200 S. Main Street, Grapevine, TX 76051, if at any time it learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms 'covered contract', "debarred", "suspended", "ineligible", "participant", "person"."principal", "proposal and "voluntarily excluded", as used in this certification, have meanings based upon materials in the Definitions and Coverage sections of federal rules Implementing Executive Order 12549. 5. The prospectivevendorlgrantee agrees, bysubmittingthfscediflcation, Rshah not knowingly enter into any lower -tier -covered transaction or sub -contract with a person or entity that is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this transaction, unless pre -authorized by the appropriate federal or state department or agency, or by the City. 6. Do you havEf or do you anticipate having sub-vendors/sub-grantees under this proposed agreement? Yes No 7. The prospective vendor/grantee further agrees by submitting this certification, that it will include this certification titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Contracts and Grants," without modification, in all lower -tier covered transactions and sub -contracts and in all solicitations for lower -tier covered transactions and sub -contracts. 8. A vendor/grantee may rely upon a certification of a prospective participant that it is not proposed for debarment, debarred, suspended, Ineligible, or voluntarily excluded from the transaction, unless it knows that the certification is erroneous. Each vendor/grantee is required to check the list of parties excluded from federal and state procurement and non -procurement programs. The City checks this list for all parties to which it provides funds that are derived directly or indirectly from the Federal Government, 9. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this certification document. Participants are not required to have knowledge and information exceeding that which is normally possessed by a prudent person in the ordinary course of business activity. 10. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a transaction knowingly enters into a lower. tier transaction or contract with a person who is proposed for debarment, debarred, suspended, ineligible, or voluntarily excluded from participation, in addition to other remedies available to the Federal Government, the City or its applicable funding agency(s) may pursue available remedies, including contract termination, suspension and/or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION FOR CONTRACTS AND GRANTS Chec the statement that applies to the potential vendor/grantee: 1. The prospective vendor/grantee certifies by submission of this certification, that neither it nor its principals: a) Is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal or State department or agency; and b) Have, within a three-year period preceding this certification, been convicted of or had a civil judgment rendered against them for fraud; committed a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract; violated Federal or State antitrust statutes; committed embezzlement, theft, forgery, bribery, falsification or inappropriate destruction of records; or received stolen property; and c) Is presently indicted for or otherwise charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in the preceding paragraph (b) of this certification; and d) Have, within a three-year period preceding this certification, had one or more contracts or transactions (Federal, State, or local) terminated for cause or default. 2. The potential vendor/grantee is unable to certify to one or more of the terms in this certification. In this instance, the potential vendor/grantee must attach a signed and dated explanation for each of the above terms, 1(a) through 1(d), to which it cannot certify. Business Name: M0.dtn 1V�a.rL2 Name and Title of Authorized 1,{� Representative: ��1`tS Me(Q'�1 �AteS Signature of Authorized Representative: Date: Form TGC 2270 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270 Contract identifier: RFB 458-2017, PO -22187 Aggregate Materials Department: Public Works Street Department By signing below. Company herby verifies the following: 1. Company does not boycott Israel; and 2. Company will not b�5Israel during the term of the contract. SIGNED BY: Print Name of Person; Signing, Title, and Company Date signed: -Sa le STATE OF TEs § COUNTY OF ,�, 0. § BEFORE ME, the undersigned Notary Public on this day personally appeared (lv,s P�pr q (Name), on behalf ofy)' ,o. ^ ' <i fg. (Company) who being duly sworn, stated under oath that he/she has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct. SWORN AND SUBSCRIBED TO before me, this -. day of `_` P'��r.f2P/- , 20 ( T RY UBLIC, FO THE STATE OF TEXAS My Com/mission Expires: 7 / /, h l 6" a. LARRY CARAWAY Notary Public ' S�P STATE OF TEXAS ;� D M Comm,#1E3301Feb?28, 2023 kiovernmem "oe $ zztu.uuz. Yrovision meguirea in uonuaci Effective: September 1, 2017 A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) Does not boycott Israel; and (2) Will not boycott Israel during the term of the contract. The following definitions apply: (1) "Boycott Israel' means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. (2) "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. (3) "Governmental entity" means a state agency or political subdivision of this state. State law requires verification from a Company for contracts involving goods or services (regardless of the amount) before the City can enter into the contract. Forms provided by Texas Ethics Commission vAvw.ethics.state.tx.us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 2019-536703 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Martin Marietta, Inc. Dallas, TX United States Date Filed; 09/05/2019 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed, City of Grapevine, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RF8 #458-2017, PO 22187 AGGREGATE MATERIALS 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Martin Marietta Materials, Inc. Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is (/J % � My address is to (e I- 1<&a-d ��Q���� , X (street) — (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of i 'e xri-S on the day of �JEp� 20�. (month) (year) Signat contracting business entity (Declarant) Forms provided by Texas Ethics Commission vAvw.ethics.state.tx.us Version V1.1.3a6aaf7d Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2019-536703 Martin Marietta, Inc. Dallas, TX United States Date Filed: 09/05/2019 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Grapevine, Texas Date Acknowledged: 09/09/2019 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFB #458-2017, PO 22187 AGGREGATE MATERIALS 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Martin Marietta Materials, Inc. Dallas, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of , on the _day of , 20_ (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1.1.3a6aaf7d Martin Marietta December 12, 2019 City of Southlake 1400 Main Street — Suite 420 Southlake, TX 76092 Attn: Lydia Ruiz Martin Marietta has developed a slurry system called SuperSlurry"' which produces cementitious products. With the SuperSlurry system, Martin Marietta has two products that it produces into slurry. One product is cement slurry and the other is Cem-Lime. At significant cost to itself, Martin Marietta has developed the processes and components necessary to manufacture SuperSlurry through internal experimentation, expertise and inventiveness. However, because of the proprietary nature of the SuperSlurry products, manufacturing processes and delivery system, Martin Marietta believes that it is the sole supplier that can provide you with SuperSlurry or its equivalent in north central Texas and DFW metroplex. Martin Marietta will license the SuperSlurry production process so that SuperSlurry will be widely available wherever it is needed. However, we intend to protect the proprietary nature of the product and processes so that only licensed suppliers will be allowed to produce and sell the SuperSlurry products to the quality standards established by Martin Marietta. At the present time, Martin Marietta has not licensed any other suppliers of SuperSlurry within the north central Texas or DFW area, so it remains the sole supplier in these areas. If you have any questions or need more information, please contact me at 972-409-3240. Sincerely, 4�� Chris Moretti North/Central Texas Sales Cement Treated Materials 10615 Spangler Road, Dallas, TX 75220 t. (972) 409-3240 www.MartinMarietta.com www.SuperSlurry.com www.CementTreatedMaterial.com �sUPERsLURRY° Martin Marietta January 13, 2020 City of Southlake 1400 Main Street, Suite 320 Southlake, TX 76092 Attn: Lydia Ruiz Martin Marietta has a division called Cement Treated Materials (CTM) that produces cementitious products such as cement treated base and cement stabilized sand (backfill). These types of materials are produced at an optimum moisture content that require compaction during placement. Due to the low moisture content, it is best for these products to be produced in a twin shaft pug mill plant to provide the best consistency. Martin Marietta, (previously known as TXI until 2014) has been operating pug mills for over 41 years. We have one stationary pug mill plant located in Dallas, TX, that produce these types of materials for the general public. We have the capability to produce a wide assortment of mixes, to cater to various requirements and specifications. To the best of my knowledge, Martin Marietta has the only pug mill plant located in the DFW area that produces cement treated base and cement treated sand to the general public. We currently produce materials for several municipalities throughout Dallas County and Tarrant County. If you a have any questions or need more information, please contact me at 972-409-3240. Sincerely, Chris Moretti Mobile — 214-502-4935 Email — Christopher.Moretti(@MartinMarietta.com Cement Treated Materials 10615 Spangler Road, Dallas, TX 75220 t. (972) 409-3240 www.MartinMarietta.com www.CementTreatedMaterial.com www.SuperSlurry.com *2SUPERSLURRY- a m.rnn M,.ie.0 v.ae�n