HomeMy WebLinkAboutOrdinance No. 16,570 (Item 7.q.)ORDINANCE NO. 16,570
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RATIFYING THE PAYMENT OF TWO -HUNDRED, TWENTY-EIGHT THOUSAND,
SIX -HUNDRED, NINETY-SEVEN AND 00/100 DOLLARS ($228,697.00) TO UNITED
RENTALS (NORTH AMERICA), INC. BY THE BAYTOWN AREA WATER
AUTHORITY FOR EMERGENCY PUMP RENTAL SERVICES AT THE FRITZ
LANHAM WATER TREATMENT PLANT, THROUGH THE COOPERATIVE
PURCHASING CONTRACT WITH CHOICE PARTNERS COOPERATIVE; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, the Baytown Area Water Authority ("BAWA") is a member of the cooperative
purchasing program established under Sections 271.082 and 271.083 of the Texas Local Government Code;
and
WHEREAS, the Choice Partners Cooperative is such a program, allowing governmental entities to
purchase products and/or services in an efficient, cost effective, and competitive procurement method; and
WHEREAS, BAWA, in making a purchase under a state contract through such cooperative
purchasing program satisfies state law requiring governmental entities to seek competitive bids for the
purchase of the item; and
WHEREAS, Section 252.022(a)(3) of the Texas Local Government Code exempts from state law
competitive bidding requirements an expenditure for a procurement necessary because of unforeseen
damage to public machinery, equipment, or other property; and
WHEREAS, on Saturday, November 8, 2025, the Fritz Lanham Water Treatment Plant experienced
an equipment failure at the canal pump station, causing a low-level in the BAWA Forebay; and
WHEREAS, on Monday, November 10, 2025, the forebay water level went to a critical level; and
WHEREAS, BAWA rented an 18" bypass pump from United Rentals (North America), Inc. which
allowed the Forebay level to return to normal and supplement the flow until the pump was repaired; and
WHEREAS, extended repair lead times and the need to maintain the forebay level to sustain plant
operations have resulted in rental charges totaling TWO -HUNDRED, TWENTY-EIGHT THOUSAND,
SIX -HUNDRED, NINETY-SEVEN AND 00/100 DOLLARS ($228,697.00); NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That all matters and facts set forth in the recitals hereinabove are found to be true
and are approved by the City Council of the City of Baytown, Texas.
Section 2: That the City Council of the City of Baytown hereby ratifies the expenditure for
emergency and unforeseen repair services to the Fritz Lanham Water Treatment Plant, and authorizes
payment in an amount of TWO -HUNDRED, TWENTY-EIGHT THOUSAND, SIX -HUNDRED,
NINETY-SEVEN AND 00/100 DOLLARS ($228,697.00) to United Rentals (North America), Inc.
Section 3: 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,
subject to the provision 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%) 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 th City Council of the City of
Baytown this the 27th day of August, 2026.
CHARLES JOHNSON, Mayor
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
Scott Lemond, City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2026-08-27\Ord-Ratifying Emergency Services-BAWA-SL.docx