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HomeMy WebLinkAboutContract 51043 CITY SECRETARY FORTWORTH. CONTRACT N0. TSANSPMAnON Alm PUBIC w01W srEM Arm SMMWAM OPMMNS CITY OF FORT WORTH � ""�� AGREEMENT RENEWAL U-��c AWJnAear�- ,'- 07/02/2018 MARTIN MARIETTA MATERIALS INC. 10615 SPANGLER ROAD DALLAS,TX 75220 Attn:CHRIS MORETTI Email:CHRISTOPHER.MORETTI@MARTINMARIETTA.COM (972)109-3240 REQUEST TO EXERCISE RENEWAL OPTION 6118 O,wof I iAL-4w 194U�_ CEM-LIME SLURRY CURRENT AGREEMENT NO: 14-0113 P.O.No.: 17-00100270 On July 14,2018 the agreement between MARTIN MARIETTA MATERIALS INC. and the City of Fort Worth will expire with one option to renew. If you agree to extend the existing agreement for an additional 12- month period,please mark the appropriate box,sign below and return to the Transportation and Public Works Department within 48 hours. Final approval is dependent upon the Purchasing Manager and fund availability. A Notice of Blanket Award with the new purchase order number will be forwarded to you upon completion of the renewal process. Please return your signed renewal letter, a copy of your current insurance certificate and a current year completed and signed IRS W-9 Form. In order to ensure receipt of bid and agreement notices,vendors are responsible for maintaining their contact information with the City. To review or update contact information,vendors shall log onto the City's BuySpeed Online system at http://fortworthtexas. oov/purchasingjinformation-update/and update the company information. If you have any questions concerning this correspondence,please contact Rebecca Owen at 817-392-8010. Thank you for your prompt attention and your continued interest in doing business with the City of Fort Worth. Sincerely, Rebecca Owen Sr. Administrative Assistant TPW Streets 8t Stormwater 817-392-8010 -Direct 817-392-7076-Fax ,ECENED EFT. AL RECORD 2r,ie E initY a ctN s�cR��Y aam TX New Agreement Term: 7/15!2 18 r 1 � gr . 0 0 through ough 07/14/20 9 MARTIN MARIETTA MATERIALS INC.has-reggdmtted-4&modify the price per ton of�� its S! ) ro from $165.00 per ton to$175.0accup ' Vendor:MARTIN MARIETTA MATERIALS INC �►Jw(A hr� des Printed Name and Title S44. mtendent Street Operations,George Snowden CITY OF FORT WORTH: ATTEST: Uri Susani Assistant ity Manager Nfary J.KayWjVitA %Date: M&C No. P-11 U ;_ J TEXAS RECOMMENDED BY-'—IDate: u ' Y Do r rsr ,Director ��'r Trans and Public Work APPROVED AS TO FORM LEGALITY: 1 By: ;t e:10 ., u1A- istant Ci Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Rebecca Owen Name of Employee Sr.Administrative Assistant OFFICIAL RECORD Title CITY SECRETARY FT.WORTH,TX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. e ea w e� � Name of Employee Sr.Administrative Assistant Title City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/15/2014 DATE: Tuesday,July 15, 2014 REFERENCE NO.: �"`P-11671 LOG NAME: 13P14-01 13 SUPER SLURRY—SB SUB.IECT: Authorize Sole Source Agreement for Cem—Lime Super Slurry with TXI Cement Treated Materials d/b/a TXI Operations. LP, in the Amount Up to $150,000.00 for the First Year for the Transportation and Public Works Department(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a Sole Source Purchase Agreement for Cem—Lime Super Slurry with TXI Cement Treated Materials d/b/a TXI Operations, LP, in the amount up to $150,000.00 for the first year for the Transportation and Public Works Department. DISCUSSION: For many years, the Transportation and Public Works Department(TPW) used a two—step process for road rehabilitation projects. The two—step process involved applying dry cement onto the project surface via an air sprayer and then applying water to the project surface. Using an air sprayer resulted in a significant loss of dry cement to areas surrounding the project site, cement dust settled on people, houses, plants and vehicles. City specifications for road rehabilitation products now call for a slurry method to reduce the possibility of environmental hazards. The specification for slurry constitutes a physical and chemical standard for road rehabilitation projects. Cem—Lime Super Slurry (Cern—Lime) is a product which allows dry cement to be mixed with a liquid prior to application to the project site. The application of slurry is more easily controlled than application of a dry product. During 2013, TPW began using Cern—Lime on a limited basis. The purchase and continued use of Cern—Lime reduces the environmental impact of cement dust. TXI Cement Treated Materials d/b/a TXI Operations, LP, is the documented sole source manufacturer and distributor for Cern—Lime. Cem—Lime is the only wet cement product manufactured for road rehabilitation projects. PRICE ANALYSIS — Pricing for delivery and spreading of the product remains the same as the pricing for the previous contract. ADMINISTRATIVE CHANGE ORDER—An administrative change order or increase may be made by the City Manager in the amount up to $37,500.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. M/WBE OFFICE —A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the M/WBE Waiver is based on the sole source information provided to the M/WBE Office by the Purchasing Division Buyer. RENEWAL OPTIONS —This Agreement may be renewed for up to four additional one—year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal teen. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. BQN\14-01 13\SB FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating_Department Head: Aaron Bovos (8517) Additional Information Contact: Sheila Baker (8356) Jack Dale (8357) ATTACHMENTS 1. EPLS.pdf 2. Sole Source.pdf 3. Wavier.pdf SAM Search Results List of records matching your search for Search Term : martin* marietta* Record Status: Active ENTITY ::]MARTIN MARIETTA MATERIALS, INC. Status:Active DUNS: 003189073 +4: CAGE Code: 343X0 DoDAAC: Expiration Date: Sep 21, 2018 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 2710 WYCLIFF RD City: RALEIGH State/Province: NORTH CAROLINA ZIP Code: 27607-3033 Country: UNITED STATES June 29,2018 4:23 PM https://wowr.sam.gov/ Page 1 of 1 Fonn W-9 Request for Taxpayer Give Form to the (Rev.December 2014) requester.Do not Department of the Treasury Identification Number and Certification send to the IRS. Internal Revenue Service 7 Name(as shown on your Income tax return).Name is required on this line;do not leave this line blank. MARTIN MARIETTA MATERIALS,INC. N 2 Business name/disregarded entity name,if different from above ru cl- 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to certain entities,not individuals;see O ❑Individual/sole proprietor or ✓❑ C Corporation ❑S Cor oration Partnershi Trust/estate y P ❑ P ❑ Instructions on page 3): o.c single-member LLC Exempt payee code(if any) El Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► p 2 Note.For a single-member LLC that Is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting a the tax classification of the single-member owner. code(if any) L c p, o ❑Other(see instructions)P. (AppNes to servants melnfelned outside fhe U.S.) 6 Address(number,street,and apt.or suite no.) Requester's name and address(optional) & 2710 WYCLIFF ROAD 6 City,state,and ZIP code U) RALEIGH,NC 27607 7 List account number(s)here(optional) I Imn I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid social security number i backup withholding.For individuals,this is generally your social security number(SSN).However,fora resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is your employer Identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. 5 6 — 1 1 8 4 8 5 7 8 JiGM Certification Under penalties of perjury,I certify that: f 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and j 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and i r 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the i. instructions on page 3. Sign Signature of i; D Here U.S.person► Date 0, General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T f (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such .Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An Individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer Identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer Identification By signing the filled-out form,you: number(]TIN),adoption taxpayer Identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an Information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of Information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If •Form 1099-DIV(dividends,Including those from stocks or mutual funds) applicable,you are also certifying that as a U.S,person,your allocable share of any partnership Income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of Income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(f any)indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. 1- •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) FORT WORTH. City of Fort Worth SOLE SOURCE PROCUREMENT JUSTIFICATION Purpose This form must accompany all sole source purchase requests for equipment, construction, supplies or services when the purchase is for more than $3,000.00. This form is not needed when the purchase is for a professional services contract. The purpose of the sole source procurement justification is to demonstrate that the competitive process is not required because only one product or service can meet the specific need of the City of Fort Worth ("City"). A sole source procurement may not be used to circumvent the City's normal purchasing procedures or for a price-based justification. Acceptance of the sole source procurement justification is at the discretion of the Purchasing Division Manager or his designee. Certification My signature below certifies that I am aware that state and federal procurement statutes and regulations require that procurements of a certain amount made by government entities must be competitively bid unless the purchase qualifies as an exemption to the competitive bidding requirements. I am requesting this sole source procurement based on the information provided in the Justification section below. The information is complete,accurate and based on my professional judgment and investigations. I also certify that this purchase will not violate Section 2-238 of the City's Ethics Code. Requesting Department: Transportation and Public Works Department(TPW) Requested by [printed name]: Georize Snowden TPW Superintendent Signature: / Recommended by [printed name]: Richard a inez TPW Assistant Director Department Director Signature: LZ )I Telephone number: 817-392-7914 Date: 1� Sole Source Procurement Justification Pagel of 4 Rev. 12/2014 Justification 1. Describe the product(s) or service(s)your department wishes to purchase—provide vendor name, manufacturer,model number and/or generic description identifying the item(s)or service(s). • MARTIN MARIETTA INC. has a product called Cern-Lime which is a Super Slurry product. This product is a cementitious product that is enhanced with calcium hydroxide. Super Slurry is a liquefied suspended cement slurry system. The system allows the use of various types of hydraulic, stabilization, modification and full depth repair/reclamation (FDR). 2. Purpose—provide a brief description of why the product(s)or service(s) is required. • City specifications for road rehabilitation products now call for slurry method to reduce the possibility of environmental hazards.The specification for slurry constitutes a physical and chemical standard for road rehabilitation projects. Cem-Lime Super Slurry(Cem-Lime)is a product which allows dry cement to be mixed with a liquid prior to application to the project site. The application of slurry is more easily controlled than applications of a dry product. During 2013,TPW began using Cem-Lime on a limited basis. The purchase and continued use of Cem-Lime reduces the environmental impact of cement dust. 3. Describe your efforts to identify other vendors —trade shows, internet search, vendor catalogues. Provide product and contact information for other products, services and vendors evaluated. (A quote is not required, simply enough information to show the availability/non-availability of other sources.) • Cern-Lime is a sole source product. Sole Source Procurement Justification Page 2 of 4 Rev. 12/2014 4. Justification: a. Identify the reason(s) why other vendors, products, or services competing in this market do not meet the City's needs or specifications: X The product(s)or service(s)is available from only one source because of patents,copyrights, secret processes, or natural monopolies. The product(s) is a captive replacement part(s)or component(s)for existing equipment. The dollar value of the existing equipment is approximately$ Use of other than Original Equipment Manufacturer parts jeopardizes the warranty or may result in equipment not functioning to the level of factory specifications. Authorized factory service is available from only one source. Maintenance for the existing product is only available from one source. b. Attach justification letter from the manufacturer or originator of the product or service. 5. Will this purchase limit the ability of other vendors to compete on future purchases for supplies, upgrades,or replacements? If so, how? • Yes; Cem-Lime is a sole source product. 6. Will this purchase obligate the City to future purchases,for example,maintenance or license(s)?If so, what future purchases will be required? • No 7. What will happen if the City does not purchase the requested product(s)or service(s)from this vendor? • By not purchasing this product the City of Fort Worth will be raising a negative environmental impact through cement dust. Sole Source Procurement Justification Page 3 of 4 Rev. 12/2014 Purchasing Division Comments: Buyer/Senior Buyer/Supervisor: Date: Approval PURCHASING DIVISION: Sole Source Procurement approved: Yes No Signature of Purchasing Division Manager: Printed Name: Date: Sole Source Procurement Justification Page 4 of 4 Rev. 12/2014 /)9kMartin Marietta July 2, 2018 City of Ft. Worth 200 Texas Street Ft. Worth, TX 76102 Attn: Rebecca Owen Martin Marietta has a product called Cem-Lime a SuperSlurry product which is a cementitious product that is enhanced with calcium hydroxide. At significant cost to itself, Martin Marietta has developed the process and components necessary to manufacture Cem-Lime SuperSlurry through internal experimentation, expertise and inventiveness. However, because of the proprietary nature of the Cem-Lime SuperSlurry product and manufacturing processes, Martin Marietta believes that it is the sole producer that can provide you with Cem- Lime SuperSlurry or its equivalent. Martin Marietta will license the Cem-Lime SuperSlurry production process so that Cem-Lime 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 Cem-Lime SuperSlurry product to quality standards established by Martin Marietta. At the present time, Martin Marietta has not licensed any other manufacturer of Cem-Lime SuperSlurry in the Dallas/Ft. Worth area, so it remains the sole producer in the Dallas/Ft Worth market area. If you have any questions or need anything else, please contact us. Sincerely, Chris Moretti Cement Treated Materials y� 10615 Spangler Road, Dallas,TX 75220 ai t. (972)409-3240 G SUPERSLURRY' www.MartinMarietta.com •Ma,°° ^° www.SuperSiurrV.com ATE A�® CERTIFICATE OF LIABILITY INSURANCE D11/07/2017D/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc, NAME: FAX 100 North Tryon Street,Suite 3600AALQ_ PHONN Ex A/C N• ol: _. Charlotte;NC 28202 E-MAIL Attn CA NON-RESIDENT NO OB22889 ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# J56965-1.MMM-GAWX-17-18 INSURER A:ACE American Insurance Com an 22667 INSURED INSURER B:Indemnity Ins Cc Of North America 43575 Marlin Marietta Materials.Inc, Attn:Todd Crump INSURER C:ACE Pro ert And Casualt Ins Co 20699 2710 Wycliff Road INSURER D: PO Box 30013 Raleigh,NC 27622 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: ATL-004780919-01 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY HDOG27871525 09/30/2017 09/30/2018 EACH OCCURRENCE S 3,000,000 Fv7 DAMAGE TO RENTED CLAIMS-MADE OCCUR -PREMISES(Ea occurrence) $ 50,000 MED EXP(Any one person) S PERSONAL&ADV INJURY S 3.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000 X POLICY❑ JECTPRO [:] LOC PRODUCTS-COMP/OP AGG S 6,000,000 OTHER: S A AUTOMOBILE LIABILITY ISAH09063717 09/30/2017 09/30/2018 COMBINED SINGLE LIMIT Ea $ 5,000,000 accident X ANY AUTO BODILY INJURY(Per person) S O'NNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ X UMBRELLA LIAB X I OCCUR G28167581002 09/30/2017 09/3012018 EACH OCCURRENCE S 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTIONS S B WORKERS COMPENSATION WLRC64619457(AOS) / / 7 09/30/2018 X PER OTH- AND EMPLOYERS'LIABILITY A YIN WSTATUTE ER LRC64619792(CA) 0913012017 09/30/2018 2,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A E.L.DISEASE-EA EMPLOYEE;S 2,000.000 (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 2'000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is additional insured under General Liability and Automobile Liability as their interest may appear,if required by written contract with the named insured,subject to the terms and conditions of the policies Waiver of subrogation is applicable where required by written contract and subject to po icy terms and conditions.This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions with respect to General Liability and Automobile Liability. CERTIFICATE HOLDER CANCELLATION Financial Management Services Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth,Texas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Purchasing Division ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Annette Stefani ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD