Item 4MCITY OF
SOUTHLAKE
MEMORANDUM
(November 5, 2013)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Item 4M
Subject: Approve annual purchase agreement with TXI through an
inter -local agreement with the City of Grapevine
Action
Requested: Approve annual purchase agreement with TXI through an inter -
local agreement with the City of Grapevine
Background
Information: Various divisions of Southlake Public Works routinely require the
purchase of aggregate materials such as cement treated road
base, cement treated sand, and rock. These materials are
necessary to repair street failures and utility repairs under
pavement. Chapter 271 of the Texas Local Government Code
permits governmental entities enter in to 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 September 2013 the City
of Grapevine renewed existing contract number 392-2012 for the
purchase of aggregate materials with TXI.
While several divisions will take advantage of the contract, the city's
Street Division is historically the largest consumer of these products
related to pavement reconstruction and drainage maintenance.
Because the total of all the purchases during the twelve month
agreement will exceed the $50,000 authorization power of the City
manager this agreement requires City Council approval.
With the favorable pricing received in this contract and our
experience with the vendor staff recommends approval of the
annual purchase agreement with TXI.
Financial
Considerations: Funding for this contract is provided in the annual operating budget
for Public Works Operations and the 2014 CIP.
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: None
Alternatives: The City Council may approve or deny the award of this agreement.
Supporting
Documents: Inter -local government agreement for purchasing
Grapevine renewal letter and pricing
Staff
Recommendation: Approve annual purchase agreement with TXI through an inter -
local agreement with the City of Grapevine
Staff Contact: Robert H. Price, P.E., Public Works Director
Chuck Kendrick, Asst. Director of Public Works
ORIGINAL DOCUMENT
CITY�F SOUTHLAKE
Council Action: Y N Ord./Res. No.
Bate Approved 6 5, �-
INTERLOCAL GOVERNMENTAL_ AGREEMENT FOR PURCHASING
This Agreement is made and entered into by and between the cities of Keller, Texas, Southfake,
Texas, Colleyville, Texas and Grapevine, Texas (hereinafter referred to as the "parties"), all of
whom are governmental agencies within the State of Texas, acting by and through their duly
authorized City Councils or City Managers.
WHEREAS, the parties are political subdivisions of the State of Texas and are authorized to enter
into an agreement with each other relative to governmental functions and services by the interlocal
Cooperating Act, Texas Government Code, Chapter 791; and
WHEREAS, the parties believe that cooperating in the purchasing of various goods, materials,
equipment, supplies and services which both parties use in carrying out their governmental
functions and services will enable the parties to obtain these goods, materials, equipment, supplies
and services in better terms and/or prices than by making such purchases individually, and both
desire to increase efficiency and effectiveness of such purchasing by acting jointly in competitively
procuring selected goods, materials, equipment, supplies and services.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the parties agree as follows -
I.
AGREEMENT
This Agreement shall take effect upon execution by both signatories and shall' remain in effect
among those parties until notification of withdrawal from the Agreement is submitted to the City of
Keller, All parties shall have the right to terminate this Agreement upon 30 days written notice. The
Agreement may be amended administratively from time to time by existing parties to include
additional cities who may wish to join this Agreement under its ex;sting terms.
2.
SCOPE AND IMPLEMENTATION
It is the intent of the parties that the joint or cooperative purchasing through each other's
agreements will be as broad as is allowed by applicable state statutes. Unless otherwise
prevented by law, it is the intent of the parties that the parties may take part in joint purchase for
goods, materials, equipment, supplies and services they may need to carry out their governmental
functions, and that all parties will make reasonable efforts to allow the others to make purchases
under its agreements. Any purchasing contract or purchase order shall be acknowledged by the
supplier and shall be considered as being issued under this Agreement and shall be subject to all
of the terms and conditions of this Agreement without the necessity of those being set out or
specifically referred to in such purchasing contract or purchase order.
4.
COMPLIANCE WITH LAWS
The parties hereby agree to abide by and obey all applicable local, state and federal laws and
requirements, which apply to their respective procurement policies. It is specifically understood and
agreed that whichever party is handling the preparation and processing of the joint invitations for
bid shall comply with atl legal requirements for competitive bidding which are applicable to both
parties
5.
NOTICES
Any notices or other communication required or allowed to be given by one party to the other
parties pursuant to this Agreement shall be electronically submitted, hand delivered, or mailed by
United States Postal Service, proper postage affixed to the addresses shown below:
To: City of Keller:
Purchasing Technician
1100 Bear Creek Parkway
P.O. Box T70
Keller, Texas 76244
Karla Parker (817) 743- 4030
Email Address: kparker@6tyofkeller,com
To: City of Southlake
Purchasing Manager
1400 Main Street, Suite 440
Southlake, Texas 76092
Tim Slifka (817) 748-8312
Email Address: tslifka@ci.southlake.tx.us
To: City of Colleyville
Strategic Services Manager
100 Main Street
Colleyviile, Texas 76034
Eric Ellwanger (817) 503-1112
Email Address: eellwanger@colleyville.com
To: City of Grapevine
Purchasing Agent
501 Shady Brook Drive, Suite 108
Grapevine, Texas 76051
Bob Smeby (817) 410-3335
bsmeby@grapevinetexas.gov
INTERLOCAL GOVERNMENTALAGREEMENT FGR PUKIWI NO Page 2
6.
GOVERNING LAW AND VENUE
This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Texas. This Agreement is entered into and is to be performed, wholly or in part, in the State of
Texas and in Tarrant County, Texas. In any action brought under the agreement, venue shall be
exclusively in Tarrant County, Texas. In the event that any portion of this Agreement shall be found
to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain
valid and in full force and effect to the extent possible.
7.
MISCELLANEOUS PROVISIONS
By execution of this Agreement, each party represents to the others that.
a. In performing its duties and obligations hereunder, it wiil be carrying out one or more
governmental functions or services, which it is authorized to perform;
b. The undersigned officer or agent of the party has been properly authorized by that party's
governing body to execute this Agreement and that any necessary resolutions extending
such authority have been duly passed and are now in effect.
c. All payments required or permitted to be made by a party will be made from current
revenues available to the paying party; and
d. All payments provided hereunder by one party to the other, if any, shall be such amounts
as to fairly compensate the other party for the services or functions performed hereunder.
8.
CONSTRUCTION OF AGREEMENT
This Agreement represents the full, final and complete agreement of the parties related to its
subject matter and shall supersede any previous interlocal purchasing agreements between the
parties. The Agreement may not be added to, contradicted or otherwise modified by evidence of
prior or contemporaneous agreement or subsequent oral agreements or statements of either of the
parties, nor by any writing not signed by all parties after the date of this Agreement. No
representations, inducements, promises, or agreements, oral or otherwise, not embodied or
incorporated herein shall be of any force or effect. In case of any apparent ambiguity or conflict
among any of the terms or provisions of this Agreement, they shall be construed as nearly as
possible as to effectuate each and all of such terms or provisions keeping in mind that the
overriding purpose of this Agreement is the public purpose of increasing the efficiency and
effectiveness of the respective purchases of goods, materials, equipment and supplies by the
parties.
_ . _. Page 3
]hTERLGCAL GO'/ERNMENTAL AGREEMENT Po0. PURCHASING
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates below.
City of Keller, Texas. -
By: 'Aa-A6�wz
NAME: LT7&eAl sPdl,<s�.t
TITLE: /ax, %1'%llI14CL.�
DATE: ��'Z� 'I Z
City of Colleyvllle, Texas:
APPROVED AS TO FORM AND LEGALITY
By:
NAME: +
TITLE:
Colleyvliie City Council
MAY15 MOLAL m-RNMENTAL AGREEMENT FOR PURCHASING
Approved
City of
lake, T s:
By:
NAME:
bir n C,'Te `t'e 41
TITLE:
m d."A tY
DATE: ^
J Vim e '5, � � I-
ATTEST:: — By:
r} '
By:
NAME: 0,11 Lt a
TITLE: ;Se
APPR VED S 0 Fr rLITY
By:
NAMEr� AAL _
TITLE: uTy ► -*r?-wN V
City of G e, Texr—�_
By::
NAME: ��ff 1' o
TITLE: LMo.
DATE: 2
ATTEST: �1
By:�—
NAME: n 6 t�--1 Sr w 11
TITLE: Lit 4't Secx cl-a.r
APPROVE6 BY COUN iL 61IS112
APPROV S TO FORM AND EGALITY
B
NAME: G tf1 E
TITLE: Irll e
Page 4
TXI
Attention: Etta Dean
1341 West Mockingbird Lane
Dallas, Texas 75247
September 4, 2013
Re: CONTRACT RENEWAL LETTER
City of Grapevine Contract with Renewals: #392-2012
Contract Title: Aggregate Materials
Renewal Options: First of four, one year optional renewals
Renewal period: September 21, 2013 through September 20, 2014
Renewal Purchase Order, 19867 (All invoices must have this P.O. listed)
Dear Ms, Dean,
The above referenced contract with P.O. 19550 will expire on September 20,
2013. The City of Grapevine has decided to renew this contract based on your
intent to renew conformation with no increase in pricing for line items 3, 4, 20, 22,
25 and 26. Line item 14 will not be renewed. All other Terms and Conditions for
the renewal period will remain the same,
Please sign this Contract Renewal letter and return to Lance Wright at
j_WMhtQq ,Lgpeyin or fax 817-410-3066 within five business days of
this notification.
All invoices must reference the current Purchase Order 19867 for Aggregate
Materials.
Please return with this renewal letter a 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 contact me with any questions.
Sincerely,
Lance Wright
Purchasing Coordinator
Parc,hasing (81'7)!110-33')6;1-,'ax(817)410-3066
Oflicc Address: `J0 I Shady Brook Drive, Roorn 4 108, Grapovim,,Texas 76051
Page 1 of 2
ACCEPTANCE
9/4
tz--
Signed:
Printed name:
Attachment; Renewal Purchase Order
Purcliasi.n.g (917) 410-3336; Fax (81?) 410-3066
(..)fjjo.e MdEess: 501 Sha& rook .Drive, Room U 108, Grapevine, Texas 76051
Page 2 of 2
Line Quantity 11OM
Description
jAward Response jAward Quanti Awarded Supplier
2
700 ton
Manufactured Sand for De-icing Pickup
No Award
11
300 cubic yd
80120 Percent Clay -Sand Mixture Delivered
No Award
12
300 cubic yd
80120 Percent Clay -Sand Mixture Pickup
No Award
18
100 yard
Baseball Clay Screened Pickup
No Award
28
200 ton
Rap Rock 13 to 15 inches Pickup
No Award
29
200 ton
Lime Slurry Delivered
No Award
6
200 ton
Top Dressing Sand Bells Savoy, Etc. Pickup
$17.00
200 BIG SANDY SAND COMPANY
7
600 ton
Tee Box Sand East Texas Silica Delivered
$30.00
600 BIG SANDY SAND COMPANY
10
800 cubic yd
Screened Sandy Loam Top Soil Pickup
$11.00
800 BIG SANDY SAND COMPANY
1
700 ton
Manufactured Sand for De-icing Delivered
$14.80
700 DFW MATERIALS
15
800 ton
Washed Limestone 1 inch Delivered
$19.55
800 DFW MATERIALS
19
3000 ton
Cement Treated Base CTB Delivered
$31.00
3000 DFW MATERIALS
27
200 ton
Rap Rock 13 to 15 inches Delivered
$29.49
200 DFW MATERIALS
16
800 ton
Washed Limestone 1 inch Pickup
$11.00
800 Hanson Aggregates LLC
23
1500 ton
Rap Rock 6 to 8 inches Delivered
$22.13
1500 Hanson Aggregates LLC
24
1500 ton
Rap Rock 6 to 8 inches Pickup
$11.00
1500 Hanson Aggregates LLC
9
800 cubic yd
Screened Sandy Loam Top Soil Delivered
$22.50
800 Lowery Sand & Gravel Co- Inc.
13
1000 cubic yd
Unwashed Cushion Sand Delivered
$14.50
1000 Lowery Sand & Gravel Co- Inc.
17
100 yard
Baseball Clay Screened Delivered
$37.50
100 Lowery Sand & Gravel Co. Inc.
5
200 ton
Top Dressing Sand Bells Savoy, Etc. Delivered
$28.05
200 Neese Materials, Inc-
8
50 ton
Kosse White Sand Trap Sand Delivered
$37.98
50 Neese Materials, Inc.
3
1000 ton
2:27 Sand Cement Delivered
$34.05
1000 TXI
4
1000 ton
2:27 Sand Cement Pickup
$24.00
1000 TXI
TXI 01 60-r R
14
1000 cubic yd
Unwashed Cushion Sand Pickup
$7.00
1000 to
20
3000 tan
Cement Treated Base CTB Pickup
$24.00
3000 TXI
21
1500 ton
Flexible Base Delivered
$16.50
1500 TXI
22
1500 ton
Flexible Base Pickup
$6.00
1500 TXI
25
250 ton
Rap Rock 9 to 12 inches Delivered
$27.50
250 TXI
26
250 ton
Rap Rock 9 to 12 inches Pickup
$15.50
250 TXI