2011-112ox�nvANCE No. 2011-112
AN ORDINANCE ACCEPTING PROPOSALS AND AWARDING A THREE YEAR
CONTRACT FOR READY MIX CONCRETE FOR THE CITY OF DENTON; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFP
4732-READY MIX CONCRETE FOR THE CITY OF DENTON AWARDED TO REDI-MIX
CONCRETE 1N THE ESTIMATED THREE YEAR AMOUNT OF $450,000).
WHEREAS, the City has solicited, received and evaluated the competitive sealed proposal
for the purchase of Ready Mix Concrete in accordance with the procedures of State law and City
ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposal is the most advantageous to the City considering the
relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
4732 Redi-Mix Concrete
Exhibit A
SECTION 2. By the acceptance and approval of the above numbered item of the submitted
proposal, the City accepts the offer of the person submitting the proposal for such items and agrees to
purchase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Proposal Invitations, Proposal, and
related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposal wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposal, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified surns contained in the
proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under the RFP 4732-Ready Mix Concrete to the City Manager of the City of Denton, Texas, or his
designee.
SECTION 5. By the acceptance and approval of the above enumerated RFP, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved proposal.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �q�da of � , 2011.
Y
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � `� � -
J
3-ORD� 4732 �
�
Exhibit A
RFP 4732 Pricing Sheet for the City of Denton Ready Mix Concrete
Item ES QTY N� UOM Type of Services Requested Unit Price
1 300 Cubic Yard 5 sack Mix, minimun 3000 PSI to job site $ 75.37
2 700 Cubic Yard 1.5 Sack Mix delivered to job site $ 61.30
3 1000 Cubic Yard 1 Sack Mix delivered to job site $ 59.30
4 100 Cubic Yard 2 Sack Mix delivered to job site $ 63.32
5 10 Cubic Yard 3000 PSI - 4.5 WRA delivered to job site $ �z•86
6 10 Cubic Yard 3000 PSI with Fly Ash 20°� Max $ �2•86
7 10 Cubic Yard Six sack Concrete ready mix mixture, tested 28 day 4000 PSI $ �8•39
8 40 HR Truck Time (if applicable) N/A
9 100 LD Small load charge (if applicable) $�load $ 75.00
9a - - Small load charge is defined as for less than 6 Cy 6
10 250 SK Sack Adjustment (if applicable) + or -$4.00/sack $ 4.00
11 450 LD Environmental Fee per load (if applicable) $�load $ 5.00
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
REDI-MIX CONCRETE RFP 4732
THI5 CONTRACT is made and entered into this 19 Day of July A.D., 2011, by and
Redi Mix Concrete a corporation, whose address is 331 N. Main Street, Euless, TX 76039,
hereinafter referred to as "Supplier," and the CITY OF DENTON, TEXAS, a home rule
municipal corporation, hereinafter referred to as "City," to be effective upon approval of the
Denton City Council and subsequent execution of this Contract by the Denton City Manager or
his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products in accordance with the Supplier's proposal in response
thereto, a copy of which is available at the office of the Purchasing Agent and incorporated
herein for all purposes. The Contract consists of this written agreement and the following items
which are attached hereto or available at the office of the Purchasing Agent, and incorporated
herein by reference:
(a) City of Denton's RFP Document (On File at Office of Purchasing Agent)
(b) Special Terms and Conditions (Exhibit "B")
(c) Supplier's Proposal. (On File at the Office of the Purchasing Agent);
(d) Supplier's Best and Final Offer Pricing (Exhibit "E")
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to the written agreement then to the contract documents in the order in which
they are listed above. These documents shall be referred to collectively as "Contract
Documents."
Page 1 of 4
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
SUPPLIER
BY•
SIGNATURE
Date: 10 ! I� I( 1
Name: u � c. � ��-� � �O
Title: � � ����� �� � �v���P��' (
3 � ( �4 �v�. � � � S �
MAILING ADDRESS
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FAX NUMBER
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PRINTED NAME
CITY OF DENTO E
BY: �' ����-
DATE: �/ / / ��
APPROVED AS TO LEGAL FORM
ANITA BURGESS, CITY ATTORNEY
BY: l� �` —
DATE: �� � � � � i 1
Page 2 of 4
Exhibit B
Special Terms and Conditions
The Quantities indicated on E�ibit E are estimates based upon the best available information. The City
reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in
the bid price. Individual purchase orders will be issued on an as needed basis.
Product Chan�es Durin� Contract Term
The supplier shall not change specifications during the contract term without prior approval. Any
deviation in the speciiications or change in the product must be approved in advance by the City of
Denton. Notice of a change shall be submitted in writing to dentonpurchasin�(a�cityofdenton.com, with
the above file number in the subject line, for review. Products found to have changed speciiications
without notification, and acceptance, will be returned at the supplier's expense. Products that have been
installed will be replaced at the supplier's expense.
Contract Terms
The contract term will be three (3) years, effective from date of award or notice to proceed as determined
by the City of Denton Purchasing Department. At the City of Denton's option and approval by the
Supplier, the contract may be renewed for up to two additional one-year periods, as further explained in
Renewal Options of the RFP.
Service Fee
After award, the Supplier agrees to pay a service fee in the amount of 1/2% of the dollar amount of all
issued purchase orders generated from use of this contract. The Supplier further agrees to remit the
service fee by check on a quarterly basis for the previous quarter spent through this contract, to Julia
Klinck, Purchasing Coordinator at 901B Texas Street, Denton, TX 76209, on or by the Fifteen day of
each month, following the end of the quarter. The Supplier shall also provided quarterly sales reports
from the contract awards and Purchase Orders issued from the Contract, for the purpose of billing and
collecting the service fee, and for compiling required purchasing history. This report shall be sent to
purchasin ,cityoufdenton.com on or by the tenth day of each month. The Supplier further agrees that the
City of Denton shall have the right, upon reasonable written notice, to review the records pertaining to
purchases under this awarded contract to verify the accuracy of service fees charged to by the Supplier.
Delivery
Delivery is based on size of the order and how organized the one doing the ordering. Orders are taken up
to a week in advance. The bigger, more volume, orders usually are awarded the early time slots unless
there is a reason a smaller order must pour early. Typically orders placed the same day as delivery will be
shipped as soon as possible to satisfy the customer. All orders are different and if there is an emergency
situation the supplier will attempt to ship concrete immediately pending trucks is in the yard. Our normal
working hours are 6:00 AM to 6:00 PM Monday thru Friday. Saturday deliveries are available depending
on volume and hours available to the Supplier.
Use of Local Plant
The City supports the local economy. The Supplier has a plant located at 406 E Sycamore Street in
Denton, Texas next to Morrison Milling. The Supplier will deliver all concrete possible from this plant
barring a breakdown. Approximately 95% of all concrete for this contract will be delivered from the
Denton plant.
Page 3 of 4
Exhibit E
Pricing
EST.
Item ANN. UOM Type of Services Requested Unit Price
QTY
1 300 Cubic Yard 5 sack Mix, minimum 3000 PSI to job site $ 75.37
2 700 Cubic Yard 1.5 Sack Mix delivered to job site $ 61.30
3 1000 Cubic Yard 1 Sack Mix delivered to job site $ 59.30
4 100 Cubic Yard 2 Sack Mix delivered to job site $ 63.32
5 10 Cubic Yard 3000 PSI - 4.5 WRA delivered to job site $ 72.86
6 10 Cubic Yard 3000 PSI with Fly Ash 20% Max $ 72.86
Six sack Concrete ready mix mixture, tested 28 day
7 10 Cubic Yard 4000 PSI $ 7g•39
8 40 HR Truck Time (if applicable) N/A
9 100 LD Small load charge (if applicable) $_�load $ 75.00
9a - - Small load charge is defined as for less than _ Cy 6
10 250 SK Sack Adjustment (if applicable) + or -$4.00/sack $ 4.00
Environmental Fee per load (if applicable)
11 450 LD $�load $ 5.00
Page 4 of 4