Ordinance No. 11,996ORDINANCE NO. 11,996
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH PUMP & POWER EQUIPMENT, AS A SOLE SOURCE VENDOR,
IN AN AMOUNT NOT TO EXCEED NINETY THOUSAND FIVE HUNDRED SEVENTY -
SIX AND NO /100 DOLLARS ($90,576.00) FOR THE REMOVAL, REBUILD AND
REINSTALLATION OF FOUR ROTATOR ASSEMBLIES AND FOUR PUMPS
ASSOCIATED WITH THE TEXAS AVENUE LIFT STATION MODIFICATION
PROJECT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH CRAWFORD TECHNICAL SERVICES IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED TWENTY -FIVE THOUSAND NINE HUNDRED AND NO /100
DOLLARS ($125,900.00) FOR THE REMOVAL, RECONFIGURATION AND
INSTALLATION OF THE PIPING, CHECK VALVE AND GATE VALVE ASSOCIATED
THE PROJECT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH BAYTOWN ELECTRIC, INC., IN AN AMOUNT
NOT TO EXCEED SEVENTY -THREE THOUSAND AND NO /100 DOLLARS ($73,000.00)
TO UPGRADE THE ELECTRICAL SYSTEM AND CONTROLS FOR THE PROJECT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, the Texas Lift Station serves a large sector of the City's population; and
WHEREAS, the four pumps in the lift station were found to be inoperable all at about the same time;
and
WHEREAS, the procurement of the requisite pumps for the Texas Lift Station Modification Project
can be satisfied by only one source Pump & Power Equipment, as it is the sole source for the replacement
pump; and
WHEREAS, these pump failures combined with excessive infiltration from groundwater has caused
several sanitary sewer overflows; and
WHEREAS, all of the isolation valves within the lift station were discovered to be either fully broken
or partially inoperable; and
WHEREAS, the conditions described hereinabove are adverse to the public health and safety of the
City's residents; and
WHEREAS, Texas Local Government Code Annotated §252.022 provides that when the functional
requirements of the City can only be satisfied by one source, the requirement for competitive bids is not
applicable; and
WHEREAS, Texas Local Government Code Annotated §252.022 also provides that when a
procurement is necessary because of unforeseen damage to public machinery equipment or other property or is
necessary to preserve or protect the public health or safety of the City's residents, the requirement for
competitive bids is not applicable; 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 declares that only one
source can satisfy the needs of the City for the removal, rebuild and reinstallation of four (4) rotator
assemblies and four (4) pumps at the Texas Avenue Lift Station Site.
Section 2: That the City Council of the City of Baytown hereby finds and declares that the
damages to four (4) rotator assemblies and four (4) pumps along with the damages to the piping, check valves
and gate valves were unforeseen and the repair of the same is necessary in order to preserve or protect the
public health and/or safety of the City's residents.
Section 3: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to negotiate and execute an agreement with Pump & Power Equipment, as a sole source vendor, in
an amount not to exceed NINETY THOUSAND FIVE HUNDRED SEVENTY -SIX AND NO /100
DOLLARS ($90,576.00) for the removal, rebuild and reinstallation of four (4) rotator assemblies and four (4)
pumps associated with the Texas Avenue Lift Station Modification Project upon terms and conditions
acceptable to the City Manager and the City Attorney.
Section 4: 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 of the contract authorized in Section 3 hereof 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 5: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to negotiate and execute an agreement with Crawford Technical Services in an amount not to exceed
ONE HUNDRED TWENTY -FIVE THOUSAND NINE HUNDRED AND NO /100 DOLLARS ($125,900.00)
for the removal, reconfiguration and installation of the piping, check valves and gate valves associated with
the Texas Avenue Lift Station Modification Project upon terms and conditions acceptable to the City Manager
and the City Attorney.
Section 6: 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 of the contract authorized in Section 5 hereof 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 7: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to negotiate and execute an agreement with Baytown Electric, Inc., in an amount not to exceed
SEVENTY -THREE THOUSAND AND NO /100 DOLLARS ($73,000.00) to upgrade the electrical system
and controls upon terms and conditions acceptable to the City Manager and the City Attorney.
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Section 8: 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 of the contract authorized in Section 7 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 9: 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 of the City Council of the City of
Baytown, this the 9 vo s' day of August, 2012. If
Mayor
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R:TC enWiles \City Council\Ordinances\2012\August 9\ Sol eSource& UnforseenDamagetoTexmAvenueLiftStationModificationProject .doc