Ordinance No. 15,782 ORDINANCE NO. 15,782
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTEEN THOUSAND
EIGHT HUNDRED FORTY-TWO AND NO/100 DOLLARS ($113,842.00) TO
BRANCH CONSTRUCTION GROUP, LLC FOR A CONSTRUCTION CONTRACT
FOR THE MANHOLE REPLACEMENT AND REPAIR PROJECT OF THE MAIN
LINE AT THE NORTHEAST WASTEWATER TREATMENT PLANT, THROUGH
THE INTERLOCAL PURCHASING SYSTEM CONTRACT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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WHEREAS, the City of Baytown is a member of cooperative purchasing programs established
under Sections 271.082 and 271.083 of the Texas Local Government Code; and
WHEREAS, The Interlocal Purchasing System ("TIPS") is such a program, allowing
municipalities to purchase products and/or services in an efficient, cost effective, and competitive
procurement method;and
WHEREAS, the City of Baytown, in making a purchase under a state contract through such
cooperative purchasing program, satisfies state law requiring municipalities to seek competitive bids for
the purchase of the item; 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 hereby authorizes the payment of
ONE HUNDRED THIRTEEN THOUSAND EIGHT HUNDRED FORTY-TWO AND NO/100
DOLLARS($113,842.00)to Branch Construction Group, LLC for a construction contract for the Manhole
Repair Project of the Mainline at the Northeast Wastewater Treatment Plant through The Interlocal
Purchasing System cooperative purchasing program contract.
Section 2: That 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 NO1100 DOLLARS
($50,000.00) or less, provided that the original contract price may not be increased by more than twenty-
five percent (25%) or decreased by more than twenty-five percent (25°o) 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 affirmative vote of the City Council of the City of
Baytown this the 25`h day of April,2024.
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APPROVE AS TO FORM:
SCOTT LE OND, City Attorney
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CITY OF BAYTOWN
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2401 Market Sheet•P.O.Box424
Btll Baytown,Texas 77522-0424
(281)420-M-(281)420-6586 Pax
Purchasing Cooperative Agreement
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the City of Baytown,the following items: pa ` � r S ;;r,e_�t
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at the prices listed: `� 1 � eaa,
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Vendor(company)
Vendor representative printed Name
Ripresentative Signature
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Date
010 BRANCH
lCONSTRUCTION GROUP
Project Proposal
Company: City of Baytown
Name: Roy Thorpe
Phone: 832-262-5077
Email: roy.thorpe@baytown.org
Date: April 24, 2024
Reference: Manhole Replacement
SO# 2653
TIPS Contract Number-23010401
Scope
Supply labor, material, and equipment to remove existing approximately 35' deep failing
manhole with 24" penetrations. Replace existing manhole with 48" diameter doghouse
manhole with no interior lining from flowline to ring and cover. Remove and replace any chain-
link fencing for room to make excavation and replacement of new manhole. Supply any plugs
or bypass pumping necessary to make replacement of existing manhole. Proper shoring from
a professional shoring company designed for specific soil type and depth and benching of
excavation will be maintained for duration of repair. Backfill with 1.5 sack cement stabilized
sand and existing soil. Haul off leftover spoils from project sight and restore area due to scope
of work. Complete in place.
• 48" Diameter Doghouse Manhole- Quantity 35 LF
• 32" Ring and Cover- Quantity 1
• Cement Stabilized Sand- Quantity 10 Loads
• Haul Off Existing Spoils- Quantity 10 Loads
• Shoring- Aluminum Build a Box
• Bypass Pump & Piping
Notes: Raven lining can be added to interior of manhole after installation for an extra cost if
approved by City of Baytown representative.
Price: $113,842
• 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.
BRANCH
CONSTRUCTION GROUP
Project Proposal
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 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.
BRANCH
CONSTRUCTION GROUP
Project Proposal
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.
• 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: