2011 12 16 CC Minutes, EmergencyMINUTES OF THE SPECIAL EMERGENCY MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
December 16, 2011
The City Council of the City of Baytown, Texas, met in a Special Emergency Meeting on
Friday, December 16, 2011, at 8:00 A.M. in the Council Chamber of the Baytown City
Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo
Mercedes Renteria
Terry Sain
David McCartney
Stephen H. DonCarlos
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
Council Member
Council Member
Council Member
Council Member
Mayor
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the December 16, 2011, City Council Special
Emergency Meeting with a quorum present at 8:00 A.M., all members were present with
the exception of Council Member McCartney who arrived at 8:10 A.M. and
Council Members Hoskins and Sheley who were absent.
Mayor DonCarlos recommended considering both items l .a. and 2.a. together.
1. PROPOSED ORDINANCES
l.a. Consider an Ordinance Authorizing the Negotiation and Award of a
Construction Contract for the Raccoon Road Sanitary Sewer Force Main
Emergency Repair Project - Engineering.
2. PROPOSED RESOLUTIONS
2.a. Consider a Resolution Authorizing Advanced Funding for Costs Associated
with the Raccoon Road Sanitary Sewer Force Main Emergency Repair Project -
Finance.
City Attorney Ignacio Ramirez presented the agenda item and stated that Ordinance No.
11,821 authorizes the negotiation and award of a contract for the Raccoon Road Sanitary
Sewer Force Main Emergency Repair Project.
City Council Special Emergency Meeting Minutes
December 16, 2011
Page 2 of 5
City Attorney Ramirez stated that on December 13, 2011, the Raccoon Road sanitary
sewer force main developed a leak on the north side of Hwy 146 at Ferry Road near
H &H Tractor and at 4:00 P.M. on the same day the line was uncovered. Mr. Ramirez
stated that it was then discovered that the line was in an absolute state of failure and
several sections had collapsed. Additionally, in an effort to uncover sections that were in
good condition, the uncovered pipe would crumble. Mr. Ramirez stated that the section is
approximately 7500 lineal feet and is made up of cement and case spiral wiring and staff
was unable to find a section to tie into to repair it due to the collapsing. Mr. Ramirez
stated that the alternatives are (i) to repair the entire line by slip- lining or pipe- bursting or
(ii) to continue to bypass pump for the next 18 months at $2,500 per day for
approximately $1.4 million dollars but the most logical solution is to replace the entire
line at a cost of approximately $1 million dollars. Additionally, the entire force main was
scheduled for abandonment as part of the Raccoon Lift Station Rehabilitation Project in
approximately 18 months and the original action plan was to make the minimal repairs
necessary to keep it functioning reliably until it was abandoned but because of the
condition of the pipe, this option is no longer feasible.
Mr. Ramirez stated that the line is currently being bypassed pumped at about $2,500 and
the initial setup fee to for the bypass is $16,000. Mr. Ramirez stated that the morning of
December 16, 2011, he saw the line leaking and was informed that a car had struck the
line which resulted in having the emergency meeting to find a solution that would avoid
further instances. Council Member Renteria inquired of the type of piping that would be
replacing the current pipe. Director of Engineering, Jose Pastrana stated that it would be a
sort of PVC type of material that is designed for this kind of use.
Council Member Capetillo stated that based on the method being used for repairing the
line, what is the timeframe of completion. Mr. Pastrana stated that the contractor is being
offered an incentive of a bonus of 10% if repairs can be completed in ten days with a
maximum of twenty days.
Council Member Renteria inquired of the scheduled projected cost of the other project
that was estimated to take place in 18 months. In reference to Council Member Renteria's
question, Mr. Pastrana stated that the project is in the process being designed in the
Right -of -Way acquisition and is not going in the same route. Mr. Pastrana stated that the
future line is going to the northeast plant and the proposed line is going to the east
plant. Mr. Pastrana stated that bypassing can create the possibility of cars hitting the line
because it is on top of the road and the cost is approximately $1.4 million dollars.
Mr. Ramirez stated that the recommended proposal to repair the line, which includes to
the bypassing for the number of days while repairs are being done, is estimated at a little
less than $1 million dollars; but if we just do the bypassing the cost is estimated at $1.4
million dollars alone.
City Council Special Emergency Meeting Minutes
December 16, 2011
Page 3 of 5
Mr. Pastrana stated that this line would provide as an alternative in the event that
something goes wrong with Northeast plant line, then the flow would be redirected to
flow to the east line. Council Member Renteria inquired of the other recourses available.
Mr. Pastrana stated that all options were reviewed and the two options being proposed
were the best available and that there was another option of sliplining which requires
excavating more often and over time may double the cost of repairs. Council Member
Renteria inquired of the durability of the PVC type material being considered for the
repair. Mr. Pastrana stated that the manufacturer advertises the durability of the PVC type
material of 50 years which is the same material currently being used for all projects. Mr.
Pastrana stated that the line in question was installed in the 1970's and the material would
last for a longer period if it was just a regular water line, but because of the gases going
through the sewer line causes it to deteriorate. Mr. Pastrana stated that the area that is
uncovered can't be repaired because there is less than 100 feet of the specified pipe on
hand and the rest has to be ordered.
Mayor DonCarlos inquired if there were funds available to pay for the repairs. Mr.
Ramirez stated that the funding proposal is by advanced funding and asked the Finance
Director Louise Richman to provide the details of the resolution.
Finance Director Louise Richman stated Resolution No. 2175 authorizes advanced
funding for costs associated with the Raccoon Road Sanitary Sewer Force Main
Emergency Repair Project and the advanced funding will be necessary if there are
insufficient funds from prior issued CO's to cover the emergency project. Council
Member Renteria asked Ms. Richman to provide the exact amount of funds that was left
over and inquired as to what type of program the advanced payment was. Ms. Richman
stated that in the bond funds there was over $1 million dollars and that the IRS
regulations dictate that the City declare its official intent to reimburse prior expenditures
with proceeds of subsequent borrowing. Council Member Renteria asked if there were
any extra cost for this and how often do we use advanced funding. Ms. Richman stated
that there were no extra cost and this was done twice this year.
Mr. Pastrana stated that there were bids requested from three separate contractors and that
although staff feels that the estimated cost of $1 million dollars is comfortable there is no
guarantee and the cost is uncertain until the bids actually come in. Mr. Pastrana stated
that because the way the pipe is being manufactured, they stop producing the 16" pipe
today at noon and the earliest we can get the pipe is in January. Additionally, if there is
an agreement with a contractor before 11 A.M. today, then the contractor can order the
specific pipe needed directly but if there is no agreement, the City would need to order
the pipe. Mr. Ramirez stated that either the contractor that gets the bid or the City needs
to order the pipe by noon. Mr. Pastrana stated that for the size of pipe that is being
requested for the repairs, there is only 2,000 ft. available today and nobody is making
anymore until the end of the year. Mr. Pastrana stated that considering the time at hand,
they couldn't find any other sources available that provide the size of pipe needed for the
repairs.
City Council Special Emergency Meeting Minutes
December 16, 2011
Page 4 of 5
A motion was made by Council Member Mercedes Renteria III, and seconded by Council
Member Brandon Capetillo approving Ordinance No. 11,821 and Resolution No. 2175.
The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Mercedes Renteria III, Council Member Terry
Sain
Nays: None
Other: Council Member Robert Hoskins (Absent), Council Member Scott
Sheley (Absent), and Council Member David McCartney (Not
Present for Vote)
Approved
ORDINANCE NO. 11,821
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE ACTING CITY
MANAGER TO NEGOTIATE AND ENTER INTO AN EMERGENCY
CONTRACT FOR THE RACCOON ROAD SANITARY SEWER
FORCE MAIN EMERGENCY REPAIR PROJECT UNDER TERMS
AND CONDITIONS ACCEPTABLE TO THE CITY MANAGER AND
THE CITY ATTORNEY; AUTHORIZING PAYMENT THEREFOR IN
AN AMOUNT NOT TO EXCEED ONE MILLION AND NO /100
DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
RESOLUTION NO. 2175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE
EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
3. ADJOURN
A motion was made by Council Member David McCartney, and seconded by Council
Member Mercedes Renteria III adjourning the December 16, 2011, City Council
Emergency Meeting. The vote was as follows:
City Council Special Emergency Meeting Minutes
December 16, 2011
Page 5 of 5
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member David McCartney, Council Member Mercedes
Renteria 111, Council Member Terry Sam
Nays: None
Other: Council Member Robert Hoskins (Absent) and Council Member
Scott Sheley (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the
December 16, 2011, City Council Emergency Meeting at 8:15 A.M.