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HomeMy WebLinkAboutItem 09 - Pavement Stabilization .. ,���'^�, f��� � MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER �� MEETING DATE: NOVEMBER 4, 2008 SUBJECT: APPROVAL OF A RESOLUTION TO PARTICIPATE IN A CONTRACT FOR PAVEMENT STABILIZATION THROUGH AN EXISTING INTERLOCAL AGREEMENT AND ESTABLISHED CONTRACT WITH THE CITY OF GRAND PRAIRIE, TEXAS RECOMMENDATION: City Council to consider approval of a resolution to participate in an annual contract with Nortex Concrete Lift and Stabilization, Inc. through an existing Interlocal Agreement and Contract with the City of Grand Prairie, Texas. Annual expenditures will be limited to the annual budgeted amount for this service. FUNDING SOURCE: Funds for this purchase are available in account 174-43301-090-000 Street Maintenance/ Capital Replacement/Transportation Infrastructure Maintenance in the amount of$50,000. BACKGROUND: The contract and subsequent purchases will be made in accordance with an existing Interlocal Agreement with the City of Grand Prairie, Texas under RFB number 07037 and as allowed by Texas Local Government Code, Section 271.102. The Grapevine City Council approved a resolution allowing interlocal agreements with the City of Grand Prairie on March 7, 2006. This commodity was bid by the City of Grand Prairie, Texas and a contract was awarded by their City Council on June 6, 2007. The contract included four one-year renewals. The City of Grand Prairie has accepted the first contract renewal. The current contract period runs through June 5, 2009. With a number of different public entities participating in this cooperative contract, the collected volume has helped secure a lower cost. The current participating entities include the Cities of Arlington, Burleson, Denton, Fort Worth, Frisco, McKinney, Lewisville, Rowlett, Southlake, and The Colony. � � Due to increases in raw materials and fuel, Nortex Concrete Lift and Stabilization, Inc. had a recent price increase that was approved and accepted by City of Grand Prairie (see attached documentation). Nortex Concrete Lift and Stabilization, Inc. had provided this service in the past with satisfactory results. Staff recommends approval of the resolution to participate in an annual contract with Nortex Concrete Lift and Stabilization, Inc. for pavement stabilization. GR AMENDMENT T�PRICE AGREEMENT CONTRACT NON MONETARY CHANGE CITY OF GRAND PRAIRIE pa�1.:.Z{:=. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THIS AMENDMENT is made and entered into this date by and between the CITY OF GRAND PRA.IRIE, a Texas municipal corporation (hereinafter referred to as the "CITY", and NORTEX CONCRETE LIFT & STABILI7ATION(hereinafter referred to as "VENDOR"). WHEREAS, the CTTY and VENDOR have entered into a price agreement to provide pavement leveling program per bid award resulting from vendor's response to RFB #07037 , submitted by David Simpson on April 19,2007; and WHEREAS, the above referenced agreement was for an initial term of one year with the option to renew for three additional one year periods. This Contract was effective as of June 6, 2007, and was to terminate at midnight on June 5, 2008, unless the parties mutually a�eed in writing to extend the term of the Contract through an allowable renewal option, or, unless otherwise terminated as provided in paragraph XVI of the original contract; and WHEREAS, the original specification allowed the option to renew for four additional one year periods; and WHEREA5, paragraph XX of the original contract lists VENDOR's address of notice as 328 Oakhurst Scenic Dr, Fort Worth, TX 76111, and VENDOR has requested a change to contact address; NOW, THEREFORE, for and in consideration of the mutual acts and covenants set out herein, the parties agree as follows: l. The parties mutually agree to add one additional one-year renewal option correcting the total renewal options from three to four; and /. i�V�GU�1VJ 1114filLNllr 0.Sl�ir �V V11G411b'Vr Y�r�V�', Qu�ri,� (�j j1V�jV� �V GUl 1\ "T GS� j�� Fort Worth, TX 76164; and 3. The parties mutually agree to extend the term of the contract and execute the first of the four available renewal options and extend the contract expiration to midnight on June 5, 2009 at which time all of the work called for under this Contract must be completed unless the parties mutually agree in writing to extend the term of the Contract through an additional allowable renewal option, or, unless otherwise terminated as provided in paragraph XVI of the original contract; and AMENDMENT FOR PAVEMENT LEVELING PROGRAM PRICE AGREEMENT CONTRACT-RFB #07037 Page 1 of 2 4. The estimated annual amount to be paid to VENDOR under such contract shall remain t:�e sum of$265,097.00, to reflect the contract renewal; and 5. This shall constitute an Authorization for extension of price agreement as set out in the agreement between the parties, and an amendment to such contract. All of the terms and conditions of the original contract shall remain in full force and effect, as amended hereto, unless set out otherwise herein. EXECUTED this the �9'�`day of 2008. , CITY OF GRAND PRAIRIE,TEXAS NORTEX CON STABILIZ O By: By: �� '�e�o��eputy City Manager Printed � ��y 4 �°��I Name: �}.� �iE'-�9.✓�LC.�/ ATTEST: Title:_ �lef:s"�DE',�J' - � � '�4-?�-,:��0 i :37 RC1,�� r imaggio, City Secret APPROVED AS TO FORM: Donald R. Postell, City ttorney AMENDMENT FOR PAVEMENT LEVELING PROGRAM PRICE AGREEMENT CONTRACT-RFB #07037 Page 2 of 2 CON'TRACT for SERVICES PRICE AGREEMENT CITY OF GRAN�D PRAIRIE �a4� STATE OF 'I'EXAS § � KNOW ALL MEN BY THESE PRESENTS: C(7UNTY OF DALLAS § '1'H�S CON'�'I2AC'� is made and entered into this date by and between the CiTY OF Gi2AND �'RA�R�, a Texas municipal corporation (hereinafter referred to as the "CITY", and NorteY Concrete Lift& Stabilization(hereina.fter referred to as "VENDOR") and evidences the following: L PiTRPOS� VENDOR shail provide pavement leveling services per bid award resulting from vendor's response to RFB#07037, submitted by David Simpson on Apri123, 2007. Y�. DESCRIPT�ON OF SERVICES The services which VENDOR shall provide for the CTTY shall include the following: A. VE?V'DOR hereby covenants and agrees tha.t VENDOR is to work closely with the CITY's Purchasing Ma.nager or his chosen agent, and/or other appropriate officials of the CITY, and that VENDOR is to perform any and aIl tasks required of VENDOR to fulfill the purposes of t.Yv.s Contract. B. VENDOR and the CITY covenant and agree tha.t VENDOR shall perform all of the services and work contained in CTI'Y specifications aud VENDOR'S_ bid to the CITY (attached hereto as "Exhibit A"); said document being part of this Contract and incorporated in its entirety herein. The parties agree that should there be any conflict between the terms of the incorporated document and this Contract,the provisions of this Contraet shall control. C: VENDOR eYpressly covenants and agrees to provide the CTTY with such written reports or documenta.rion of guaranties as may be required by the scope of the bid. �. PEx�o��rrcE oF woRx VENDOR or VEiVDOR'S associates an.d employees sha11 perform all the work called for in this Con�act. VE�TDOR hereby covenants and agees that all of VENDOR'S associates and empioyees who work on this proj ect shall be fully qualified to undertake same and competent to do the work described in this Contract, and the services performed shall be performed in a good and workmanlike ma�ner, and that the finished product shall be fit for the particular use(s) contemplated by this a�eement. TV. PAYMENT T`he CITY shall pay to VENTDOR a sum not to exceed those prices in the bid to perform the services desi�ated herein. Payments will be made as work is completed and certification by the Ciiy that the work is performed in a good and workmanlike manner. CONTRACT FOR PAVEMENT LEVELING PRICE AGREEMENT—RFB#07037 Page 1 of 6 �. T��a�'� c�rrr��c� This Confract is for an initial term of one year with the option to renew for three additional one year periods. This Contract is effective as of June 6, 2007, and sbail terminate midnigh,t June 5, 2008, at which time all of the work called for under this Contract must be completed unless the parties mutually a�ee in. writing to extend the term af the Contract through allowable renewal option, or,uniess otherwise ternlinated as provided in Paragraph XVI herein. � e�rr�r�ac��E�tsorra�, VENDOR and the CITY hereby covenant and agree that this Contract provides.for services and that these services are not to be assi�ed or sublet in whole or part without the prior written consent of the CITY, irII. C�NY�L�CT OF I1VTlE�S7C VENDOR hereby covenants and agrees tha.t during ttle Contract period that VENDOR and any of VENDOR'S associates and employees will have no interest nor acquire any interest, either direct or indirect, wiuch will confllict in any manner with the performance of the services called for undez this Contract_ All activzties, investigations and other efforts made by VENDOR pursuant to ttus Contract will be conducted by employees or associates of VENDOR VENDOR further covenants and agrees that it understands that the Code of Ordinances of the City of Grand Prairie prohibits any officer or employee of the CITY from having any financial interest, either direct or indirect, in any business transaction�vith the CITY. Any violation of this paragraph which occ•,ured with the actual or constructive knowledge of VEIV�OR will render this Contract voidable by the CITY. va.u. caalvGE nv waitx The CITY, through its Purchasing 1Vlanager or his chosen agent, may request changes in the scope and focus of the activities and duties called for under this Contract. Any such change wluch, in the opinion of VENDOR or the CITY varies signi.ficantly from the scope and focus of the work set out herein or entails a significant increase in cost or expense to VENDQR must be mutually agreed upon by VENDOR and the CITY. The parties herein acknowledge that any change ill?1z.e scope or focus of the work which results i.n the increase in compensation to VENDOR of the fee stated in Paragraph IV hereof must first be approved by the CTTY's purchasing Manager, City Manager or City Council,where applicable. IX. CoNF`IDENTIAL WORK A.ny reports, designs, plan, infozmation, project evalua.tions, da,ta or any other documenta.tion�.ven to or prepared or assembled by VENDpR under this Contract shall be kept confidential and may not be made availabie to any individual or organization by VENDpg, without the prior written approval of the CITY except as ma.y be required by law. CON't'RACT FOR PAVEMENT LEVELING PRICE AGREEMENT�RFB#07037 Page 2 of 6 x�v. nvs�vc� Prior to the commencement of work under this Contract, VENDOR shall obtain a.nd shall continue to mai.ntain in full force and effect during the tenn of this Contract a comprehensive liability �n���nce polzcy, with a company Iicensed to do business in the State of Texas and rated not less than"A" in the current Best Key R.ating G�ide,�N�i�h shall i�clude bodily iniury, death, automobile liability and property damage covera.ge, in accordance with any CTI'y ordinance or Directive. The minimum limits for this covera.ge shall be $1,OOO,Q00.00 combined single limit for liability and for property damage, unless modified in accordance with any ordi.na.nce or directive. The CITY sha11 be named as an additional insured under such policy and a provision shall be incorporated in the policy whereby the CITY shail be given at least thirty days prior notice of any rnaterial chanQe in c�veraae or of eancellation of such policy. ` XV. N�VERBAL AGRE�MENT This Contract contains the entire commitments and agreements of the parties to the Contract. Any verbal or written commitrnent not contaiued in this Contract or expressly refened to in this Contract and incorporated by reference shall have no force or effect. �. '�"EIt1VIINATION The CTTY may, at its option and without prejudice to any other remedy to which it may be entitled at law or in equity, terniinate further work under this Contract, in whole or in part,by giving at least thirty (30} 'da,ys prior written notice thereof to VENDpR vvith the understanding tha,t alI services being terminated shall cease upon the da.te specified in such notice. The CTTY shall equitably compensate VENDOR, in accordance with the terms of this Contract for the serviees properly performed prior to the da.te specified in such notice following i�pection and acceptance of same by the CITY. VENDOR shail not, however, be entitled to lost or anticipated profits should tl�e CITY choose to exercise its option to terminate. X�iI. V�NUE The parties to this Contract aoree and covenant that this Contract will be performable in Grand Prairie, Texas, and that if le�al action is necessary to enforce this Contract, exclusive venue will lie in Dallas County, Texas. XVIII. APPLICABLE LA�YS This Contract is made subject to the eYisting provisions of the Charter of the City of Grand Pra.irie, its rules, remilations, procedures and ordinances, present and futttre, and all applicable laws of the Sta.te of Texas and the United States. �[X. CONTRACT INTEI2PI�TAT'ION The parties to this Con7act covenant and agree that in any lirigation relating to this Contract, the terrns and conditions of the Contract will be interpreted according to the laws of the State of Texas. CONTRACT FOR PAVEMENT LEVELING PRICE AGREEMENT-RFS#Q7037 Page 4 of 6 X. L�dVN�32S� i'3���CTJIV��V'�'� VENDOR acknowledges that CITY owns all notes, reports, or other documents, intellectual property or documentation produced by the vendor pursuant to this agreement or in connection with its work which are not otherwise public records. VENDOR acl�owledges that CITY shall have copyriaht privileges to those notes,reports, documents;processes and information. VENDOR sha11 provide CITY a copy of a11 such notes, reports, documents, and informatian (except to the extent that they contain confidential informa.tion about third parties) at CITY expense upon written request. Xy. NONDISCRIlVIIlVA�'I�N As a condition of this Contract, VE�TDOR covenants and agrees tliat VENDOR shall take a11 necessary actions to insure, in connection with any work under this Contract, that VENDOR or VENDOR'S associates, sub-vendors, or employees, will not discriminate in the treatment or employment of any individual or �oups of individuals on.the grounds of race, color, religion, national origin, age, seY, or physicai handicap unrelated to job periormance, ei'rher directly or indirectly or through contractual or other arrangements. In this regard, VEivDOR shall keep, retain and safeguard ali records relating to this Contract for work perfonned hereunder for a minimum period of three {3) years from final contract completion, with full access allowed to authorized representatives of the CITY upon request,for purposes of evalua.ting compliance with this and other provisions of the Contrac� . XII. INDEPENDENT VENDOR By the execution of this Contract, the CTTY and VEN�OR do not change the independent vendoi status of VENDOR. No term or provision of this Contract or any act of VENDOR in the performance of this Contrac�may be construed as making VENDOR the agent or representa.tive of the CITY. All employees of VENDOR shall perform their duties under the supervision of VENDOR, which shall have the exclusive right to dictate to the VENDOR'S employees how to perform their tasks. VENDOR agrees and Govenants that each of its employees will be properly qualified and will use reasonable caze in the performance of the assigned duties. VENDOR shall post all applicable warning signs if such work will disrupt normal traffic ar workplace acrivities. �. WAI2RAi�T'TY,��LD�IARNrr.�S5,AND INDlEM1V�I� VEN-DOR warrants that the services it performs for CITY will be done in a aood and worlunanlilce maniier, and that any items delivered to the CTTY under this contract will be fit for the particular purpose for which it was furiushed. VENDOR shall defend, indemn.ify, and hold the CITY whole and harmless against any and all claims for damages, costs, and expenses to persons or propeny tha.t may aris� out of, or be occasioned by, the execution or perfomlance of this Contract or any of VE�TDOR'S ac�vities or any act of commission or omission related to this Contract of any representative, agent, customer, employee, subvendor or invitee of VENDOR or any representa.tive, agent, employee, or servant of the CTTY. If an item is covered by a manufacturer's warranty, it is the responsibility of the VENDOR to obtain the information for CITY and to get the manufacturer to honor the wananty. CONTRACT FOR PAVEMENT LEVELING PRICE AGRE�MENT—RFB#07037 Page 3 of 6 �. l��'�'���+S A11 notices, communications and reports under this Contract mu�t be mailed or delivered to the respective parties at the addresses shown below, unless eithe:party is otherwise notified in writing � by the other party: CITY: Marry Davis Furchasing Manager� Purchasing Division 972/237-8271 Phone� 972/237=8265 Fax mdavis@gptx.org City of Grand Prairie 318 W. Main Street; Grand Pra.irie, Texas 75050 PO Box 53404�, Grand Prairie, TeYas 75053-4045 Ronnie Bates{Other Depa.�snent Contact} Manager— Street Division 9?2/237-$526 Phone� 972/237-8533 Fax rbates@gp�.ora City of Grand Prairie 1821 W. Freeway, Grand Prairie, Texas 75051 PO Box 534045, Grand Pra.irie, TeYas 75053-4045 VENDOR: .�►�. Nortex Concrete Lift & Stabilizatian David Sunpson (817) 831-1240 Phone ' (817) 831-1245 Fax} €Email address} 328 Oakhurst Scenic Dr. Fort Worth, TX 7611 I �. S�Y��BIL�I`x In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision the�eof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in the Contract. �`�II. �G�' OF�`4�'GY VEN`DOR covenants and agrees that the CITY, upon reasonable notice to �ENDOR, may review any of the work perforrried by VEiVDOR under this Contract. CONTRACT FOR P.AVEMENT LEVELING PRICc AGRE�MENT—RFB#07037 Paae 5 of 6 �. VPA�V�R i3�'AT'��RN�xS��S VE,�I�DOR and CITY eYpressly covenant and agree that in the event of any litigatian arising between the parties to this contract, each party shall be solely responsible for payment of its attomeys and that in no event shall either party be responsible for the other pany's attorney's fees regardless of the outcome of the litigation. EXECUTED this theQ�day of , a Q p�. �"i'�'�OI' ��A�TID Pit�I�tIE,'1'�� i�Nl)012 /� �� , _ By; By: Ton2 Cox, D puty City Mana,ger Title: �,1�`'�, ,,�t��°7F3C -�rr'7'�f J. � ;5�t;�;'G gTTEST: , Ca g;io, City Secretary APPROVED AS TO FOR1V1 A1�I�D LEGALITY: Donald R. Postell, City ttomey CONTRACT FOR PAVEflIIE�T LEVELING PRlCE AGREEMENT-RFB#07037 Page 6 of 6 -�.`��,��`�'.O �� � � � �� � ,�=.�x � � � '<<' =a,. �' a s � �'���S PAVEMENT LEVELING RFB#07037 ADDENDLTM#1 April 12,2007 . A pre-bid meeting for above bid was held on April 12, 2d07, at Grand Prairie City Human Resources Building, Trainiug Room, 318 W. Main Street , Grand Prairie Texas. This addendum is a result of tha.t meeting. 1. The Table of Contents shows attachments 1 an.d 2,however;they aze not and should not be part of the specification. 2. This will be a one year price agreement with four (4).one year optional renewals. Price re-determination shall only be considered by the city 45 days prior to the anniversary date of i.nitial contract award and subsequent renewals and shall be substantiated in writing (i.e. Manufacturer's direct cost, postage rates, Railroad Commission rates, FederaUState minimum wage la.w; FederaUState unemployment taxes; F.I.C.A.; Insurance Coverage rates,etc.). The city of Grand Prairie reserves the right to reject any/all of the price re-determination as it deems to be in the best interest of the city. 3. INTERLOCAL AGREEMENT: As permitted under Article 4413(32c) VA.C.S., other Gover�ment Entities within the Metroplex azea may wish to participate in this contract under the sanae teims and conditions. Should other Government Entities decide to participate, will you, the vendor, agree that all terms and conditions, except delivery terms being F.O.B. other governmental entity,will apply? On your pricing form on page 3.3 indicate Yes V or No that ��:�i t�� will accept an interlocal agreement. Company Name Mari�Davis Purchasing Mana�er PROJECT(W.O.)NO. 0703665201 EX�[IBI�' A PROPOSAL, SPECIAL PROVISIONS CONTRACT AlVD BOND FOR'VIS FOR: Pavement Levelin� � ` �` - � � - � � � � .�p. . e � � ; � � . , � � � _ � � . Note: All interested Contractors must attend the pre-bidder's meeting, set for Thursday, Aprii 12,2007,9:00 A.M.,Human Resources Building,Training Room,318 West Main Street, Grand Prairie, Tegas 75050, to discuss work under this item. The City of Grand Prairie will not accept bids from bidders who fail to attend the pr�bidder's meeting. R«=;,k aa���thane Sla.n�ac� d�nantities are estimated aad subjest to change Item � Descriution Quantity � Unit Unit Price Extension F�.irnish & Insiall I-��igh L�ensity . Polyurethane under Ma.jor �� � � _ � � , , .. ThorougTifare�' Residential Streets, �`�' ' • ' � � � 11.� �7 • � 1. Alleys, under Asphalt Concrete 34,041 Lbs. �.�� 1 Pavement, a.nd Provide Uretelc or . Approved Deep Injections to Seal Cracks/Joints in Under ound s. , �/��' � ���� I�'�' ��'Cl'. � ��:t���" �.v' .�'�✓`t� ��� � / � . ,,��;.������'% - �,���.�� -������- �t���s��� .�,�..r �/l�� 6��°�/ L���� � �,�'i ���'" � E��-�, �� �� �- �����,r� �c�.��- �J �cr��s-� �F�' � S f� ��,,,����� . '���r� � /l����s- �� �. -��'� -� �1��' ��/��� ��..��r�' ���`�`�-�"�G� Sf�C ���Q`�� `�E����� ��� ,f� _�_�., �� ���• .�"'��'�n�i� C�'��''- ��' / p �-� �!�T�%��� � �� P -� ���'�:-�-r���-'�rm,� �`� � . ��� ������s� �5"���=� �� � ���� ��,��-�� �x ���r � ���%� S'��"d�°�g'Q,� ��' �� ��.�� `�-- , 3.� In the event the twenty-five (25%) pe:cent increase or decrease in quantiiy.of work or material under any major bid.item is exceeded, either parly to the contract, upon demand, sfiall be entitled to negotiate for revised consideration of the eYCeeded portion. ?,ny revised conside:ation shall be paid for as is hereinafter provided under Section 9, Item b.04 af the General Conditions of Agreement. The foregoing notwithstanding, the total original Contract amount shall not be increased more than twenty-five (25%) percent. The CONTRACTOR, by submission of a bid ar.c� exec�:ion of#.he Can�act, is-�ee*ne� to consent to t�P O�IN-ER'S ri�ht±o reduee the total by up to 25% of the original Contract. A final reconciliation aceounting shall be performed to reflect the final quantiries and total dollars for ihe sui�ject project. Accompanyinn this proposal is a bidder's bond on a form supplied by the OWNER, a c�rtified check, or a cashier's checic payable to the OWNER in the amount of(5% of amount of Bid dallars) ritten Amountl 5,�� !'��G1 U s�3�6l� d3lJ!t e9��I' ($ �,Od a. t1�o }. Tl�e bid security accampanying this proposai shall be returned to the bidder unless the bidder fails to execute the contract and obtain a Performance bond within fifteen (15) da.ys of contract award by the owner. In such case, the bid security shali become the properry of the OWNER and shall be considered as payment for damages due to delay and other inconveniences suffered by the OWNER on account af such faiiure by the bic�der. It is understood that the G'VVNER reserves the rignt to reject any and all bids. P�.'Ai2E1'�'�lt�N �F P�.2.OPL�S�.,: The bidder shall submit the proposal on forms furnished by the � City. The bidder shall fill in the blanks for the "Unii Price" and the "Extended Price"written in ink or by computer printer in numera.ls. Such prices shall be distinctly legible and the "Unit Price" shall govern. The bidder shall state on the Proposa.i Summary;Total and G�and Total prices,written in ink both in numerals and words, for which.he proposes to do the work cantemplated or fumish thc materials required. In case of discrepanc�es between prices written in wortis and numerieal priees, tbe nnmea�ncal pric� shau111 goverfl. If an individua� submits. the proposal, the indivadual or a duly authorized agent must sign the proposal. If a firm, association, or partnership submits the proposal,the name and address of each principai or member must be �iven. If a eompany or a eorporatian submits ttie proposal, the company or corporate name and business address must be given and the proposal signed by an official.or.duly authorized agent. Powers of Attorney authorizing agents or others ta sign , proposals m�:..�t�e properly cert:��ied and mt:st be in w,^;ting 2.r.d submitted with;he proposal. 3.2 rro�s: 1. The succ�ssful Sidder will be required to hold liis Bid Prices for a period of ninety (90) u.ays. This Con�act is issued by an organization, which quali�ies for exernption pursuant to the provisions of �rv Axticle 2Q.04 [F] of the Te�as Limited Sales,EYCise and Use Tax. All equipment and materials not consumed by or incorporated into the project canstruction are subject to Sta.te Sales Tax under House Bill 1 l,enacted on August 15, 1991. All such taxes shall be ineluded in the various amounts on the proposal iorm. T'ne Bidder shall sui�mit a breakdawn between Iabor and �naterial costs, as set up in the Proposal [Sectian 3]. Np'�^£: T!le City qualities for exemption from State and Local Sales Tax pursuant to the t�rovisions of the TeYas Limited Sales, E�cise and lise Tax Act. The CONT'RACTOR perLarnin� *his ccn�act �.a; purchase, reat or lease all materials, sapplies, equipment use� or consumed in the performance of this contract by issuing to his suppliers an exemption certificate in lieu af the tax. Any such exemption ceriincate issued by the CONTRACTaR i.n lieu cf�e tax shall be subject to the provisions of the Sta.te Comptroiler and any other applicabie state re�ulation or laws. 2. Bidde:is required to submit bids for all Sections of the Project for his/her bid to be considered. The Bidder is cautioned that the State Law regardin�tax exemption for Capital Iznprovement Prajects has been revised. The CONI'RACTOR sha.11 be responsible for obtaining the latest information from the Sta.te Comptroller's Office and bid accordingly. �e CflN"I'RACT�R slhall aga�eE �o #he ammber af �aleadar da�s �pesaf�ed, snbmit the Bidder� Qnalification Sta�emeat, a Bid $ond with #1ie c�m�ple#e� Bid Items, incinding all �ids, and all addenda in the �bid �ocumeats; otherw�se tite 'bid will be considered non- r�s��nsive and �vill �e ��e�tes�.... '�'�e �ON'�.�T�R shall provsde the OW1�TE� with a s�.ec� cantrac# #o incinde ail the spezi�Fie� �ond.s anri insurance, wnthia #en (�0) wo��ng - days�ollowing#he �i#y�onncii award date. If the CONTRACTOR is requixed to perform any additional work above the original approved contract, the COiv'TR.4CTOR may request, in writing, addziional calendar days for the compieuon of the e�tra work: Hence, ail adciitional calendar da.y requests s'nall be submirted in writing. Review of such request shall be provided under Section 9, Item 4.02 (E�ension of i ime). Iit ihe event af the award of li,he contract to �he uadersigned, the undersigned v�i11 iurush a performance bond fvr the full am.ount of contract to secure proper complianc� with the terms and provisions of the contr�act and to insure and to �uarantee the work until final comple�on and acceptance aiid to Dauarantes payment of all lawful claims. for labor performed and materials furnished in the fulfillment of the eontract. The proposed work shall be accepted when fully completed asid finished in aceordance with the plans and specifications to the satisfac�on of the ENGINEER 3.4 The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Receipt is hereby acicnawtedged of the following addenda, to the contract documents. Bid Item Chan�es in Addenda shall also be reflected in an upda,ted Computer Generated Proposal avaiIable for Download with each Addendurn issued. Addendum No. 1 Dated__ q'P��� /� , �C�� Received '� /z ?-��� Addendum No.2 Dated Received Addendum No. 3 Dated Received Addendum No.4 Dated Received Addendum No. 5 Dated Received Addendum No. 6 Dated Received Printed Name a�'(�f� �r,�1°I !•.SQ'�l! Signed C��'7y ,sg'+ r By �,e j�- Cr���,��r � � ���r�� Title Address ��� C��'�j�C9�'�' S�CCnt�c ��'c ,. c��y ���T (,�t���� �.— �7�f! l State X Zip Code �� ) ��,'1�`�C� --. / ( Phone Number (�C�) '� 3 c — Z`�S ��� 3.� uei-ud-ua ui:�rpm rrom—GITY OF GP PURCHASING +9722378265 T-973 P.02/02 F-667 ��������� ' �-'~ �� y� ss� r � � �� M r } T�x�� o���er s, zaas � Nortex Concrete Lift and Stabilizarion,Tnc. I7avid Simpson, General Manager 201 NW 26�'Street Fort Worth, T�761 b4 Re: Price Agreexnent Contract for Pavement Leveling Services�R�'B#07Q37 Dear NIr. Simpson: J am in receipt of your Ietter da.ted Se�tember?9, 20d8, concerning a request for a price increas� of$0.21 per pound for polyurethane slab jackin�; an RFB 07037. Based on aur telephonc conversipn on October 7, 200&, the Ciry of Grand Prairie will accept a price incremse of$0.10 per pound. The new priciug will go into effect immediately and shall remain firr�through tI�e end of the current contract renewal wI�ich is set to expire on J'une 5,2009. Sincerely, ,✓v� �� M�urty D vis Purch ng Manager By signing below, you agree to accept t�Ze new price af$3.41 per pound for pavernEnt �eveling services ut�Jizing thc polyurethane faam system. iJ�on xeceipt of this acc�ptance, we r�vill forwArd you a �ormal Con�ract Amendment to i��crease the cost and maxiznum annual contract amount. � � � �avid Simpsoz� eneral Manager Nortex Con.crete Lift and Stabilization,Inc. nt1RC�HnSnvr,i)TVi�T�N Pn B�x 534045 C'Titn�tt�PrtATRTI`:.TErscns 75ii53 972/237-RZb9 Fnx 972/237-8215 i �;D� E� �ti� � � t� �� �� RESOLUTION NO. S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO RENEW AN ANNUAL CONTRACT FOR PAVEMENT STABILIZATION THROUGH AN ESTABLISHED INTERLOCAL AGREEMENT AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas is a local government in the State of Texas and as such is empowered by the Texas Local Government Code, Section 271.102 to enter into a Cooperative Purchasing Program Agreement with other qualified entities in the State of Texas; and WHEREAS, the City of Grand Prairie, Texas Purchasing Program is a qualified purchasing cooperative program as authorized by Section 271.102 of the Texas Local Government Code; and WHEREAS, the City of Grapevine, Texas has established an Interlocal Agreement with the City of Grand Prairie, Texas and wishes to utilize an established contract for pavement stabilization that has met all State of Texas bidding requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the above preamble are true and correct and are incorporated herein as if copied in their entirety. Section 2. That the City Council of the City of Grapevine authorizes participation in the contract established by the City of Grand Prairie, Texas. Section 3. That the City Manager, or his designee, is authorized to take all steps necessary to establish participation in the contract for pavement stabilization. Section 4. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of November, 2008. APPROVED: ATTEST: APPROVED AS TO FORM: M���, RES. NO. 2