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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.