Item 4BCITY OF
SOUTHLAKE
MEMORANDUM
(October 21, 2014)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Item 413
Subject: Approve annual purchase agreement with Manning Concrete
Sawing through an interlocal agreement with the City of
Grapevine.
Action
Requested: Approve annual purchase agreement with Manning Concrete
Sawing through an interlocal agreement with the City of Grapevine.
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 sidewalk, pavement and other concrete
structures throughout the year. Chapter 271 of the Texas Local
Government Code permits governmental entities to enter into
interlocal 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 2014 the City of Grapevine renewed bid number 378-2012
for concrete service 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 recent pavement
repairs on Commerce St. and some of the longer sidewalk projects
in the coming year.
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 Interlocal purchase agreement with the City of
Grapevine.
Financial
Considerations: Funding for projects under this contract is provided in the annual
operating budget for Public Works Operations and the 2015 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: This agreement conforms with previous interlocal agreements that
have been reviewed by the City attorney.
Alternatives: The City Council may approve or deny the award of this agreement.
Supporting
Documents: Interlocal governmental agreement for purchasing
April 19, 2014 renewal letter
Staff
Recommendation: Approve annual purchase agreement with Manning Concrete
Sawing through an interlocal 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@6tyofkeRer.corn
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: eewwanger@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
]M1i"ERLG[:AL GOVERNMENTAL AGREEMENT P00. PURCHASING
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates below.
City of Keller, Texas. -
By: 'Aa-A6�wz
NAME: �T7&eAl sPdl,<s�.t
TITLE: /ax, %1'%llI14CL.�
DATE: ��'Z� 'I Z
City of Colleyville, Texas:
APPROVED AS TO FORM AND LEGALITY
By:
NAME: +
TITLE:
Colleyvliie City Council
MAY15 .OLAL 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 wry e '5, � 1 I-
ATTEST:: — By:
r} '
By:
NAME: 0,11 Lt a
TITLE: 6C'
APPR VED S 0 Fr rLITY
By:
NAME: AAL _
TITLE: uTy ► -*r?-wN U
City of G e, Texr—�_
By::
NAME: ��ff 1' o
TITLE: LMo.
DATE: Jmt.Z
ATTEST: �1
By:NAME: n e dt r w h
TITLE: Lit +u
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
V V NE
T� �S
Renewal Notification
Manning Concrete Sawing
Attention: Henry Manning
9536 Santa Monica
Fort Worth, Texas 76116
April 19, 2014
Re: CONTRACT RENEWAL LETTER
City of Grapevine Contract with Renewals: #378-2012
Contract Title: Concrete Curb, Gutter and Flatwork Services
Renewal Options: Second of four, one year optional renewals
Renewal period: April 3, 2014 through April 2, 2015
Renewal Purchase Order: 20041 (All invoices must have this P.O. listed)
Dear Mr. Manning:
The City of Grapevine wishes to exercise the second renewal option for contract
RFB 378-2012 with Manning Concrete Sawing for Concrete Curb, Gutter and
Flatwork Services based on your renewal conformation with a 5% increase due
to increases in the price of concrete and rebar under the same Terms and
Conditions for the contract renewal period. The above referenced contract with
P.O. 19707 will expire on April 2, 2014.
Please sign this Contract Renewal letter and return to Lance Wright at
IwrightCa7grar)evinetexas.gov or fax 817-410-3066 within five business days of
this notification.
All invoices must reference the current Purchase Order 20041 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.
Sincerely,
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
Lance Wright - Spam: Photo from Mar 20, 2014
3/20/2014 9,24:43 AM
From: "Henry Manning" <henrymanning5pyahoo.com>
To: "lwright(a,grapevinetexas.gov" <lwright(a,grapevinetexas.gov>
Date: 3/20/2014 9:13 AM
Subject: Spam: Photo from Mar 20, 2014
ACCePTOACE
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Page 1 of 1
Lance Wright - Manning Concrete Sawing
3/11/2014 7:06:10 AM
From: Henry Manning <henrymanning5@yahoo.com>
To: Lance Wright <Lwright@grapevinetexas.gov>
Date: 3/10/2014 7:28 PM
Subject: Manning Concrete Sawing
Page 1 of 7
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