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23-517ORDINANCE NO. 23-517 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE CITY MANAGER TO UTILIZE A CONTRACTTHROUGH AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY, FOR THEPURCHASE OF HIGH PERFORMANCE ASPHALT COLD MIX PATCH MATERLAL FOR THE STREETS DEPARTMENT, AS AWARDED BY TARRANT COUNTY BID RFB #2022-191; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDINGAN EFFECTIVE DATE (FILE 8193 – AWARDED TO AUSTIN ASPHALT, INC. –PRIMARY, AND TEXAS MATERLALS GROUP, INC., DBA TEXASBIT – SECONDARY, IN THE NOT-TO-EXCEED AMOUNT OF $400,000.00). WHEREAS, pursuant to Ordinance 1998-175, Tarrant County has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law and city ordinances; and WHEREAS, the City Manager, or a designated employee, has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through Tarrant County Bid RFB #2022-191 at less cost than the City would expend if bidding these items individually; and WHEREAS, this procurement was undertaken as part of the City’s governmental function [Street construction and design] ; 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 andaccepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA INS: SECTION 1. The items shown in the “File Number” referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILENUMBER VENDOR 8193 8193 Austin Asphalt, Inc. – Primary Texas Materials Group, Inc., dba TexasBit – Secondary SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to Tarrant County Bid RFB #2022-191 for such items, and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities, and for the specified sums contained in the bid documents and related documents filed with Tarrant County Bid RFB #2022- 191 and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of theCity’s ratification of bids awarded by Tarrant County, the City Manager, or their designated representative, is hereby authorized to execute the written contract which shall be referenced herein; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to Tarrant County, and related documents herein approved and accepted. SECTION 4. If primary contractor is not able to provide product per delivery stated in the contract, then City can request from the secondary. SECTION 5. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 6. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuantthereto as authorized herein. SECTION 7. This ordinance shall become effective immediately upon its passage andapproval. The motion to approve this ordinance was made by J cise Day B and seconded by =B_. This a oved by the following vote K - A : Aye Nay Abstain Absent Mayor Gerard Hudspeth:b/ /’ V/,/ U/ T/ Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3 : VACANT, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSFD AND APPROVED thi, th, 7 h day of MAr th . 2023. ATTEST: ROSA RIOS, CITY SECRETARY GERARD HUDSPETH, MAYOR .\\\\\\\U tIlt .646,,....." APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by MarcellaLunn DN: cn=Marcella Lunn, o, UU\Vb::,=S:„=r=F:F,ni„@,ity,f denton.com. c=USDate: 2023.02.24 1 3:47:00 .06'OO' BY: - \XfAjcM£\