Ordinance No. 15,767 ORDINANCE NO. 15,767
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED
SEVENTY-THREE THOUSAND SIX HUNDRED FIFTY AND N0/100 DOLLARS
($573,650.00) TO BRANCH CONSTRUCTION GROUP, LLC., THROUGH THE
INTERLOCAL PURCHASING SYSTEM(TIPS), FOR THE ANNUAL LIFT STATION
REHABILITATION PROJECT OF THE ST. JAMES LIFT STATION AND THE
NORTH MAIN STREET LIFT STATION FOR THE PUBLIC WORKS AND
ENGINEERING DEPARTMENT AND THE BAYTOWN AREA WATER
AUTHORITY; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, the City has entered into a cooperative purchasing agreement with The Interlocal
Purchasing System("TIPS"); and
WHEREAS, pursuant to such agreement, the City may make purchases based upon the bids
received by TIPS; and
WHEREAS, TIPS has received bids for the construction, rehabilitation, and maintenance of
municipal commercial construction, including projects such as the Annual Lift Station Rehabilitation
Project of the St. James Street Lift Station and the North Main Street Lift Station;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes payment
not to exceed the amount of FIVE HUNDRED SEVENTY-THREE THOUSAND SIX HUNDRED FIFTY
AND NO1100 DOLLARS ($573,650.00) to Branch Construction Group, LLC., through a cooperative
purchasing agreement with The Interlocal Purchasing System (TIPS) for the Annual Lift Station
Rehabilitation Project of the St.James Street Lift Station and the North Main Street Lift Station,as outlined
in Exhibit"A"with is incorporated by reference as if fully set forth herein.
Section 2: That pursuant to the provisions of Texas Local Government Code Annotated
§252.048, the City Manager is hereby granted general authority to approve any change order involving a
decrease or an increase in costs of FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00) or less,
provided that the original contract price specified in Section 1 may not be increased by more than twenty-
five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the
contractor to such decrease.
Section 3: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affi a vote f the City Co f the City of
Baytown this the 281h day of March,2024.
pYTO DON CAP ETILL , Mayor
ATTEST: �0F ••••••w;vTF,
OVED AS O FORM: '9�'•••....••'•-{-P
'F OF
SCOTT LE OND, City Attorney
RAVance Hinds Ordinances\2024\2024.03.281TIPS Purchase Annual Lift Station Rehabilitation Project St.James Street Lift Station and the North
Main Street Lift Station wtih Branch Construction Group,LLC..docx
EXHIBIT "A"
BRANCH
CONSTRUCTION GROUP
Project Proposal
Company: City of Baytown
Name: Enrique Villa
Phone: 281-420-6694
Email: enrique.villa@baytown.org
Date: February 22, 2024
Reference: James & N Main Lift Station Rehabilitation
SO# 2579
TIPS Contract Number-23010401
Scope
Please see attached itemized pricing sheet for lift station rehabilitation at James and N Main
for the City of Baytown.
• Proposal is valid for 15 days from date of issuance.
• Delays not caused by Branch Construction Group will be billed at the applicable rate.
• If non-standard working hours are requested additional charges will be applied unless
previously agreed on. Definition - Night Work 5:30PM — 7AM or Weekend Work
Saturday/Sunday at applicable rate. Pricing does not include boring through rock,
compensation for utility conflicts, locating services or delays not caused by Branch
Construction Group. See unit pricing below for individual rates and charges.
o Additional $3.00/Lf will be charged for boring through rock, shale, slate, and
similar materials
o Mobilization will be billed at$2.50/mile for boring rig setup if applicable.
o Mobilization will be billed at$1.50/mile for workforce mobilization if applicable
Assumptions
• Assumes that private utilities (e.g., sprinklers etc.) are marked by the customer; Branch
Construction Group will use reasonable precautions but will not be responsible for
damage to unmarked/incorrectly marked utilities.
• Customer responsible for all temporary/permanent fence removal/replacement.
• The job schedule must be mutually agreed upon.
• The work site will be cleaned by backhoe —will NOT include pressure wash/reclaimed
water, street brush, etc.
• Well Point/Pump Systems not included; if necessary, incremental expense to be charged
to customer.
BRANCH
CONSTRUCTION GROUP
Project Proposal
• Branch Construction Group is not responsible for engineering drawings, city drawings, or
any plans used for construction purposes. If there are errors or omissions and the job
cannot be completed — Branch Construction Group will receive payment for work
completed.
• All work to be done during normal construction hours (M-F, 7AM-5:30PM)
Terms
• Net 30 Days
Termination
• If the Client terminates this Contract after Branch Construction Group has commenced its
work, the Client shall be responsible for the following:
The Client shall pay Branch Construction Group the Contract price of the fittings,
or specialized materials once production has commenced or the items have been
purchased.
The Client shall pay Branch Construction Group a 25% restocking fee in the event
the job is cancelled because standard fittings have been ordered.
The Client shall reimburse Branch Construction Group for all reasonable out-of-
pocket mobilization expenses incurred by Branch Construction Group (including
travel and transportation costs for Branch Construction Group personnel to the job
site and an hourly rate of$95.00 for each person mobilized by Branch
Construction Group if Branch Construction Group has mobilized its personnel or
agents in connection with the project.
On certain occasions Branch Construction Group can return special or not normal
size fittings. However, this will require 70% restocking fee if the job cancels or pipe
size changes after fittings are ordered.
Indemnification
• BRANCH CONSTRUCTION GROUP (HEREAFTER "BCG") SHALL INDEMNIFY CLIENT
FOR DAMAGES ARISING OUT OF THE PERFORMANCE OF WORK, BUT ONLY TO
THE EXTENT CAUSED BY THE NEGLIGENT ACTS, ERRORS OR OMMISSIONS OF
BCG AND THE TOTAL LIABILITY TO CLIENT AND ANYONE CLAIMING BY, THROUGH,
OR UNDER CLIENT FOR ANY COST, LOSS, LEGAL FEES, OR DAMAGES SHALL NOT
EXCEED THE PERCENTAGE SHARE THAT BCG's NEGLIGENCE BEARS TO THE
TOTAL NEGLIGENCE OF CLIENT, BCG,AND ALL OTHER NEGLIGENT ENTITIES AND
INDIVIDUALS.
BRANCH
CONSTRUCTION GROUP
Project Proposal
• BY WAY OF FURTHER LIMITATION, BCG SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER GROUNDED IN
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR CONTRACT, AND UNDER
NO CIRCUMSTANCES WILL BCG's LIABILITY EXCEED THE PROJECT PROPOSAL
PRICE CLIENT PAID BCG FOR THE GOODS OR SERVICES UPON WHICH LIABILITY
IS CLAIMED. ANY ACTION FOR BREACH OF CONTRACT MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
Accepted by:
Company Name:
Signature:
Name Printed:
Date:
CITY OF BAYTOWN PROPOSAL
PROPOSAL FORM
EXHIBIT A
BASE UNIT PRICE TABLE:
Item Base Unit Short Title Unit of Estimated Unit Price R►n c*mn ToW in figures
No. Measure Quantity cwbobl
1 Mobilizabon L3 1 $1.5m.00
2 Diversion Pun James Litt Station LS t $16.000.00
3 Diversion Pumping N Main Lift Station LS 1 ,
4 1 Fkgrnm LS 1 IWOM 0.00
5 Traft Control and R along James LS LS 1 ,
6 Inlet Protection$t W9 at N Meln LF 5o M .00
7 Filter fabric fence LF 250
8 Site wwation indudht SF 2700 10.00
8 Trench LF yoo
10 GrowW and surface water oorttrot LF 22 17 860 00
Remove and reset fence at James for consbuction vehicle
11 access LF 1 $5.000.00 $500.00
N Mein Chain 1 fence with 3-rsnd bmrb nvrls wW Pv—c Simla
lz 64aW LF. f10 $55.00 $6,050.00
13 0 Main h ence gate watt,3-strand barb wore and PVC sM(s LF 1 $7,500.00 $7,500.00
14 Including
LS backup v P inell well k meeVftplace. Ls 1 $15,000.00 $15,000.00
15 James LS repair misabg LS IM sections,dean,prep and
instal►wet well proteouve CDAN MLOOM SF 684 $38.00 $22,192.00
18 arn"LS remove and replace wet well hatch EA 1 .0
James LS,replace(1)Gormasn-Rupp pump with In*M,
17 replace(2)26-hp motors.Including bepa,sheaves,and
guards,pump and motor baseptate,including,gaskets, $60,195.00 $60,196.00
insukaky eautornw,mid hardware LS t
18 Jamm LS remove and 4-in 0115 ww,r staok LS 1
19 James
ce S,remove brick manhole riser,repla with ooncrete VF tt $1,250.00 $7,500.00
2D James LS replace manhole rN9w wnh watertight manhole
firow FA 3 $2,750.00 $8,250.00
James LS manhole vent,including coring into manhole and
21 sealing with Link-seal or approved equal.securing the vent to
existing drub re and elevating gooseneck vertu to 1-ft above $9,900.00
100- EA 2 1$4.950.00
09.1023 Bidder's lnitial'v
00300•1 of4
CITY OP SAYTOWN PROPOSAL
Item Uric Of EsOrnated Unit Price lull cdwn
No. ease Unit Short rroe Measure Y m,eoei Total to figures
22 James LS repair,dean,prop,and install manhole protective
3>� $38.00 $1 S,o4s.00
23• N Main LS rerrKwakestrl existng pumps,resat 44n bran t $65,565.00 $66.565.00
N Main LS Excavate to 12-PVC lnfluem pipe,replace wqh
DIP pipe Within Mich exact.seat per►Into wet well, LS 1 $50,000.00 $50,000-00
24 See Al eirmalve Md Una IEerns 41 and 42)
26 James LS pump controlpirel moScalions LS 1
James LS control penel,electrical meter and disconnect _
26 awd&relocation to orm LS 1
27 Janos LS XHNW BODY Cable,Cappier.014 AWG CLF 3 -
28 James LS XHHW 600V Cable, ,#12 AWO CLF 3 '
29 James LS XI*W 600V Cable,2Mper.06 AWG CLF 2 -
30 James LS XI*W 600V Cable,Copper.#6 AWG CLF 1 - -
31 James LS XHHW 6WV Cable,Copper,seta AWG CLF 5 -
32 James LS XHHW 600V Cable #4/0 AWQ CLF 0.1
33 James LS Rkpd Alim irtum Conduit,1- LF 50 - -
3_4 James LS Schedule 40 PVC Conduit 1" LF 100
35 James LS undaripmmd duct banks LS 1
James LS Waterproof existing connections and junction box _
36 s"Ing LS 1 `
37 James LS Utility Moddicationa LS 1 -
36 James LS Miscellaneous Electrical(Supporting Systems,
PulUJunaikm Boxes) LS 1
89 N Maki LS Wsoelianeous Electrical to reconnect pump
electrical LS 1
40 N Male LS Electrical cabinet removelramatall on new stab, _
reconnect electrical conduit: 3 V conduit and 1 2'conduit LS 1
41 James LS electrical platform,Including 6x8-ft platform, 39,000.00
Staircase sal rai and shoe ate. LS 1 $39,000.00
4Z of LS two 124n square prestressed concrete piles as part $500.00 $42,400.00
James LS roadway pavement repairs around manhole rehab,
43 Including lime-stabilized subgrade,manhole backfil and $150.00 $450.00
reinforced concrete Sv 3
08!2023 Hidder's!artist's
00300-2 of 4
CITY OF RAYTOWN PROPOSAL
Item Base Unit Shot Title U nk of iEstonated W Pnc ohs cornmn Tout in figures
No. Measure Quaray
N Main LS slab demolish,remove,and replace with in-kind
44 slab depth(est 204n and 12-1n),at"reinforcement,Including $1,250.00 $8,750.00
24"square staMlaw stee hatch and subWade CY 7
45 N Main LS four(4)12"drl steel-ralnforced concrete piers
w/ LF 64 $175.00 $11,200.00
46 N neatn LS select IIII augarmle to 0%comaction std. CY 22 2 .00
47 N Main LS rearading CY 22 0
TOTAL BASE UNIT PRICES s_473,650.00
ALTERNATE BID ITEM UNIT PRICE TABLE:
Item Unit of Estimated Unit Price(mR wksm
No. Alternate BM Item Untl Short Title Measure Quantity C0005i Total in figures
Alternate 1:Repair exisOng 4-ft fiberglass wet well structure.
4a• Repak fiberglass surfaces,clean,prep,and Install aVWural Ls , $50,000.00 $60,000.00
&yown
49- Altemate 2:Remove existing 4-ft fiberglass wet well,replace LS , $100,000.00
with 6-ft dla.precast wet wel ��00,000.00
TOTAL ALTERNATE BID UNIT PRICES i 1150,000.00
EXTRA UNIT PRICE TABLE:
Item 9h Extra UnitoA Title Unit of Estimated Unit Price("a a*ww, Total in figures
No Measure Quantity owwahl
50 Subsurface Void Backfill Material CY 10 $200.00 $2,000.00
51 8-in DIP Influent Pipe LF 20 $300.00 $6,000.00
52 4-in DIP Influent Pipe LF 20 $275.00 $5,500.00
---7T53 124n DIP Muent Pipe LF 20 $425.00 $8,500.00
09:2023 Bidder's Tnitiul'�,
00300-3 of 4
CITY OF BAYTOWN PROPOSAL
Item Extra Unit Short TMM Unit of Estimated Unit Price(thiscaL m„ Tnud in figures
No. Measure Quantity mmrds)
64 Extra Excavation CY 20 $100.00 $2,000.00
55 Fumish end Install Extra Select Flit CY 20 $225.00 $+4,500.00
jQj& t=xTRA UNIT PM ES $28,500.00
CASH ALLOWANCE TABLE:
kern
r Cash Allownr:ae Short TMG uric o e EstimleQu" Cash Allowances
58 Building Pemat Alloumnee CA $51000.00
57 Lane Closuro Fee CA 1 $500.00
58 Water Meter Fee CA t $750,00
59 Street Cut Permit CA t $750.00
00 Utlfity Reimbursement,CenterPotnt CA $5.000.00
81 Dematition Permil CA t $300.00
62 Testing CA t $20.000
TOTAL CASE!AI.LOWANCES $32,300.00
082023 Bidder's Initial's:
00300.4 of 4
Title VI Nondiscrimination Assumnees
APPENDIX A
During the performance of this contract,the contractor,for itself,its assignees and successors in interest
(hereinafter referred to as the"contractor")agrees as follows:
1. Compliance with Regulations:The contractor shall comply with the Regulations relative to
nondiscrimination in Federaily-Assisted programs of the Department of Transportation(hereinafter,
"DOT")Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time,
(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a
part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the
contract,shall not discriminate on the grounds of race,color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts,including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to
be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race,color,or national origin.
4. Information and Reports: The contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its
books,records, accounts, other sources of information, and its facilities as may be
determined by the Sub-Recipient or the Federal Highway Administration to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to
furnish this information the contractor shall so certify to the Sub-Recipient,or the Federal
Highway Administration as appropriate,and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance: in the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract,the Sub-Recipient shall impose such contract
sanctions as it or the Federal Highway Administration may determine to be appropriate,
including,but not limited to:
a) withholding of payments to the contractor under the contract until the contractor complies,
and/or
b) cancellation,termination,or suspension of the contract, in whole or in part.