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Res 53-14 RESOLUTION NO. 53-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE PURCHASE OF CONCRETE MATERIALS FROM CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Delray Beach Environmental Services Department seeks approval to purchase concrete materials from Cemex Construction Materials Florida,LLC;and WHEREAS, The Environmental Services Department,Public Works Division is obligated to maintain the public sidewalks, curbs, and other public infrastructures in a safe, usable condition in order to provide a safe passage for pedestrians including wheel-chair and other disabled users; and WHEREAS, the Delray Beach Environmental Services Department individual average purchase of concrete materials is under$600.00; and WHEREAS, the Delray Beach Environmental Services Department has determined, through written quotes, that Cemex Construction Materials Florida,LLC provides the lowest price for concrete materials;and WHEREAS, the Delray Beach Environmental Services Department has determined, that the location of Cemex Construction Materials Florida,LLC provides timely delivery of concrete materials;and WHEREAS, utilization of the City's sealed competitive bid methods for the purchase of concrete materials is not practical due to anticipated annual expenditures less than $25,000.00; and WHEREAS, its Fiscal Year 2013-2014 actual expenditures for concrete materials exceeded $25,000.00 threshold; and WHEREAS, in future years it is anticipated that concrete materials will be part of a comprehensive road materials competitive bid. WHEREAS, Section 36.03(B) Written quotes method. Acquisitions of or contracts for non-real property, goods or services where the total expenditure by the city (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $10,000 or greater, but less than $25,000, may be made or entered into by the City Manager without City Commission approval and without Sealed Competitive Method, provided that three written quotations are obtained from individual sources, except when impractical. The City may utilize the Written. Quotations Method for any acquisition less than $10,000 that the City deems appropriate. The written quotations received by the City shall be retained with a copy of the purchase order and pursuant to public records law I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Sectiozi I. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and coz-rect factual findings and ate made a specific part of this Resolution. Section 2. The City Coinmdssion of the CIt T of Delray Beach hereby declares, by a rninimuin four- fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the acquisition of concrete materials from Cemex Construction Materials Florida,LLC, attached as Exhibit"A",is in the best interest of die City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section$. This Resolution shall take effect immediately upon.adoption. PASSED AND ADOPTED by the City Commission of the e - y Beach this die 7" day of October, 2014. I MAYOR ATTEST: J, ity � I1'Z- I�� Clerk ; I I I I I I I I I Coversheet Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department Harold Bellinger, Street Maintenance Superintendent Jim Schmitz,Deputy Director Public Works Randal Krejcarek, P.E., Environmental Services Director THROUGH: Tent' Stewart, Interim City Manager DATE: August 22, 2014 SUBJECT: AGENDA ITEM 9.E.-REGULAR COMMISSION MEETING OF OCTOBER 7,201 RESOLUTION NO.53-14: REQUEST RETROACTIVE APPROVAL OF EXPENDITURES/CEMEX CONSTRUCTION MATERIALS FLORIDA LLC. BACKGROUND Consider a recommendation for retroactive approval of expenditures with Cemex Construction Materials Florida, LLC (Cemex) for FY13/14 in the amount of $27,675.97, and consider a motion to adopt Resolution No. 53-14. Cemex provides the concrete and other materials that are used in the construction and repairs of sidewalks, curbs and driveways. Environmental Services Department Staff requested quotes pursuant to Section 36.02 (B) "Written Quotations Method" from other concrete vendors in January 2014 to compare prices, at which time, Cemex had the best pricing. The following table indicates transaction details. Fiscal Year Invoices I Min I Max Avg Total Spent Y 13/14 to date 153 1$11.90 1$2,112,q6 1$522.19 j$27,675.97 Attached are the following: Written Quotes Bid Tab Best Interest Resolution http://itwebapp/Agendalntranct/Blueshect.aspx?ItemID=8325&MectiliglD=535 11/14/2014 Coversheet Page 2 of 2 Staff is currently working with Purchasing to solicit bids for construction materials which will include concrete. Staff requests approval for the purchases in accordance with the Code of Ordinances, Section 36.03 (B), "Multiple acquisitions from vendor exceeding $25,000 in any Fiscal Year". LEGAL DEPARTMENT REVIEW Approved as to form and legal sufficiency. DISCUSSION This is a request for City Commission to retroactively approve expenditures with Cemex, in the amount of$27,675.97 for FY 13114, and by motion adopt Resolution No. 53-14. TIMING OF THE REQUEST The approval of this item is of high importance, in order to approve prior purchases. FUNDING SOURCE Funding is available from 001-3113-541-53.90 (General Fund: Road Materials & Supplies/Other Road Materials). RECOMMENDATION Staff recominends City Commission retroactively approve prior purchases made in FY 2013-2014 with Cemex and by motion adopt Resolution No. 53-14 to waive the sealed competitive bid requirements of the procurement code. http://itwebapp/Agendalntranet/Bluesheet.aspx?ltemID=8325&MeetingID=535 11/14/2014 /ZCC-MEX Quotation 0021005651 Revision no. ] SELLER: CEMEX Construction Materials Florida, LLC Date: 01/14/2014 Sales Office: Palm Beach District Offer expires: 46/28/2014 Sales Employee: TIFFANY JACKSON 'Perms of Sale: 1% 15th prom, net 16th 501 AVENUE S Delivery Terms: Delivered RIVIERA BEACH, FL 33404 Customer Job #: 561-881-4472 (fax) Prepared for; 0003013184 Ship To: 0003013184 CITY OF DELRAY BEACH CITY OF DELRAY BEACH 100 NW IST AVE 1,00 NW 1ST AVE DELRAY BEACH FL 33444-2612 DELRAY BEACH FL 33444-2612 USA USA Bill To: 0003013184 CITY OF DELRAY BEACH 100 NW 1ST AVE DELRAY BEACH FL 33443-2612 USA Project Name: 100 NW 1ST AVE THE PRICES STATED HEREIN ARE BASED ON THE ATTACHED STANDARD TERMS AND CONDITIONS, WHICH SHALL CONTROL AND TAKE PRECEDENCE OVER ANY TERMS AND CONDITIONS TO THE CONTRARY IN ANY PURCHASE ORDER OR OTHER DOCUMENT. Item QTY Material Description Price Per UOM Total 10 1.000 YD3 1159611 3000 PPMP 96.45 1 Y03 96.45 20 0.750 LB 1382600 FIBERMESH 150 6.67 1 LB 5.00 30 1.000 YD3 1159421 3000 PR 91.45 1 YD3 91.45 40 1.000 YD3 1028078 400D PR 93.45 1 YD3 93.45 50 1.000 YD3 1159514 4000 PRPM 98.45 1 YD3 98.45 60 1 PC 1247818 FUEL SURCHARGE 26.50 1 PC 26.50 70 1 PC 1202749 ENVIRONMENTAL CHARGE 15.00 1 PC 15.00 80 1.000 BAG 1018993 SAKFIETE CONCRETE MIX,90#BAG 5.00 1 BAG 5.00 Quotation Total 431.34 SALES TAX NOT INCLUDED Entered by: TIACKSON Document date: 01/14/2014 1 1 2 lJ Bellinger, Harold Front: Sonia Valle<svalle @rmbconcrete.com> Sent: Friday, January 24,2014 12:37 PM To: Bellinger, Harold Subject: RE: Concrete Quotel RMB Concrete&Precast Inc Please review below the prices you requested. Date: 01/24/2014 Offer expires 12/31/2014 Concrete mix: 3000 pump mix with fiber: price per yard$ 98.80 3000 pea rack w/fiber $ 96.80 4000 pump mix w/fiber $ 101.80 Delivery charge $ 100.00 Fuel charge $0.00 Environmental charge $0.00 Average price per yard $ N/A Harold Bellinger Streets Superintendent Bellinger@mydeiraybeach.com (561)243-7338 Office (561)243-7314 fax PUBLIC RECORDS NOTE- Florida has a very broad public records law. Most written communications to or from local officials,employees,or the general public regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Thank you, Sonia Valle a CONFIDENTIAL NRMCA Customer Name C' Of Delray Beach Phone:661-243-7115 Address 100 N.W. 1st street,Delray Beach, FL,33444 Fax: 561-243-3774 Project Name Various Cell: Address I nadal(uDmydelraybeach.com Mix Code Descriptidn U.O.M. Price 25RH 2500 REGULAR Cubic Yard $78.00 30RH 3000 REGULAR Cubic Yard $80.00 40RH 4000 REGULAR y Cubic Yard $84.00 30PMH 3000PRIPM Cubic Yard $90.00 30PRH 3000 PEAROCK REGULAR Cubic Yard $85.00 40PMH 4000 PRIPM Cubic Yard $94.00 40PRH 4000 PEAROCK REGULAR Cubic Yard $89.00 ADDITION FOR: PEAROCK PUMPMIX Cubic Yard $10.00 BLEND/SIDEWINDER OR PEAROCK REGULAR Cubic Yard $5.00 ADVA 140 SUPERPLASTICIZER HRWR PER 1000 PSI PER Cubic Yard $2.25 FIBER REINFORCEMENT 314 LBSICY Cubic Yard $3.00 FIBER REINFORCEMENT 1.5 LBSICY Cubic Yard $8.00 3OBF476 3000 COARSE MASONRY GROUT ASTM C-476 Cubic Yard $97.00 FLW10 EXCAVATABLE FLOWABLE FILL Cubic Yard $74.00 8FLNES NON-EXCAVATABLE PUMPABLE FLOWABLE FILL Cubic Yard $76.00 NOTE: Prices quoted are subject to change upon receipt of final approved specifications SERVICE CHARGES Environmental Load Charge Load $10.00 Currently FUEL SURCHARGE-ADJUSTED MONTHLY Load TBD 6:00am-12:30pm Saturday Delivery Charge-100 CY MINIMUM Cubic Yard $5.00 Plant Opening Charge 4-Hour Minimum FLAT $1,500.00 Minimum Load Charge-Less than 5 CY Load $150.00 Concrete Disposal Fee>3 CY Load $125.00 Prices Quoted Do Not Include Sales Tax 1/112014 Ef wive Date Expiragon Date I 6[30/2014 Escalation ADD$6.00 7-1-2014 TO 12-31-2094 Supermix reserves the right to Increase the above quoted prices without notice that reflect an increase in raw materials costs or surcharges incurred by Supermix and to cancel ar defer any quote In the event Supermix becomes delayed or prevented by shortages or allocationp of raw materials.Supermix shall not be liable to Buyer for any damages incurred by Buyer as a result of any such delay or cancellation. TERMS: i✓DISCOUNT IF PAYMENT RECEIVED BY THE 10th OF MONTH FOLLOWING PURCHASE-NET 30 Supermix Matt Bisesto Office:561.482.0219 Cell.561.441.0345 Representative ccount anager ax: 561.431,2182 E-mail: Malt su ermix.com Bellinger, Harold From: Irvin Jack<Jlrvin @titanamerica.com> Sent: Friday, January 24,2014 9:13 AM To: Bellinger, Harold Subject: FW: Concrete Quote/Tarmac 2"a time I've sent it... From: Irvin Jock Sent:Tuesday,January 14, 2014 10:25 AM To: Bellinger, Harold Subject: RE: Concrete Quote/Tarmac Here you go 4 From: Bellinger, Harold I•mailto:Bellinger(amydeiraytbeach.com] Sent:Tuesday,January 14, 2014 9:27 AM To: Irvin Jock Cc: Nadal, Patsy; Fischer,Julie Subject: Concrete Quote/Tarmac Good morning Irvin, Can you please provide me with a concrete quote for the items listed below Thanks Date: Offer expires 06/30/2014 Concrete mix: 3000 pump mix with fiber:price per yard$120.00 3000 pea rock w/fiber $114.00 4000 pump mix w/fiber $124.00 Delivery charge 4 yards and under$350.00.4 yards to>7$175.00 Fuel charge $26.5 Environmental charge $15.00 Average price per yard $119.00 Harold Bellinger Streets Superintendent Bel linger@ m ydelraybeach.com (561)243-7338 0 m .§ S q nt R E � d a � q m m � � . > £ - E qEa \ CD d r Ln U, 44- � Lo 1^ �Ln � § d -W q k # % 2 a ¢ / / d m z 2 2 � � \ u 2 A . . § c 0 Q 0 / CIO 0 � g \ . � x m o 0 0 $ / B k C4 -4 Z Z 00 CY) k u m m ® a LO 2 . - � 7 $ \ 7 m ® � \ , E CL E . u . kL) f.n X- \ _ � _ � � a a E U . \ 7 e / § \ cgs CL w E 2 E u w E u \ w / o s > @ m R 0 q / 3 101 1/ RESOLUTION NO. 53-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, .APPROVING THE PURCHASE OF CONCRETE MATERIALS FROM CEMEX CONSTRUCTION MATERIALS FLORIDA,LLC;DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD FOR THE PURCHASE IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Delray Beach Environmental Services Department seeks approval to purchase concrete materials from Cemex Construction Materials Florida,LLC;and WHEREAS, The Environmental Services Department,Public Works Division is obligated to maintain the public sidewalks, curbs, and other public infrastructures in :a safe, usable condition in order to provide a safe passage for pedestrians including wheel--chair and other disabled users; and WHEREAS, the Delray Beach Environmental Services Department individual average purchase of concrete materials is under$600.00;and WHEREAS, the Delray Beach Environmental Services Department has determined, through written quotes, that Cemex Construction Materials Florida,LLC provides the lowest price for concrete materials;and WHEREAS, the Delray Beach Environmental Services Department has determined, that the location of Cemex Construction Materials Florida,LLC provides timely delivery of concrete materials; and WHEREAS, utilization of the City's sealed competitive bid methods for the purchase of concrete materials is not practical due to anticipated annual expenditures less than $25,000.00; and WHEREAS, in Fiscal Year 2013-2014 actual expenditures for concrete materials exceeded $25,000.00 threshold; and WHEREAS, in future years it is anticipated that concrete materials will be part of a comprehensive road materials competitive bid. WHEREAS, Section 36.03(B) Written quotes method. Acquisitions of or contracts for non-real property, goods or services where the total expenditure by the city (including expenditures during renewal periods, but not expenditures relating to Change Orders) is estimated to be $10,000 or greater, but less than $25,000, may be made or entered into by the City Manager without City Commission approval and without Scaled Competitive Method, provided that three written quotations are obtained from individual sources, except when impractical. The City may utilize the Written Quotations Method for any acquisition less than $10,000 that the City deems appropriate. The written quotations received by the City shall be retained with a copy of the purchase order and pursuant to public records law NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses ate ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four- fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the acquisition of concrete materials from Cemex Construction Materials Florida,LLC, attached as Exhibit"A",is in the best interest of the City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the 7"' day of October, 2014. MAYOR ATTEST: City Clerk