HomeMy WebLinkAbout1993-130ORDINANCE NO. 93 -12
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORD-
ANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, state law and ordinance require that certain contracts
requiring an expenditure or payment by the City in an amount ex-
ceeding $10,000 be by competitive bids, except in the case of pub-
lic calamity where it becomes necessary to act at once to appro-
priate money to relieve the necessity of the citizens, or to pre-
serve the property of the city, or it is necessary to protect the
public health or safety of the citizens of the city, or in case of
unforeseen damage to public property, machinery or equipment; and,
WHEREAS, the City Manager has recommended to the City Council
that it is necessary to purchase goods or services due to the fol-
lowing emergency conditions outlined in the memorandum attached
hereto as Exhibit "A", incorporated herein by reference; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby determines that there
is a public calamity that makes it necessary to act at once to ap-
propriate money to relieve the necessity of the citizens, or to
preserve the property of the city, or to protect the public health
of the citizens of the city, or to provide for unforseen damage to
public property, machinery or equipment, and by reason thereof, the
following emergency purchases of materials, equipment, supplies or
services, as described in the "Purchase Orders" attached hereto,
are hereby approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
35731 LAYNE-TEXAS $11,890.00
SECTION II. That because of such emergency, the City Manager
or designated employee is hereby authorized to purchase the mater-
ials, equipment, supplies or services as described in the attached
Purchase Orders and to make payment therefore in the amounts there-
in stated, such emergency purchases being in accordance with the
provisions of state law exempting such purchases by the City from
the requirements of competitive bids.
SECTION III. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this then day of
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
1993_
DATE: JULY 20, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: EMERGENCY PURCHASE ORDER # 35731 - LAYNE-TEXAS $11,890.00
RECOMMENDATION: We recommend this emergency purchase order to Layne -Texas
in the amount of $11,890.00, be approved for payment.
SUMMARY: This expenditure is for the repair of #1 raw water pump located at the
Lake Lewisville Pump Station. This pump is vital in transmission of raw water to the
Water Treatment Plant. Layne -Texas is a proven reliable vendor, and is the factory
representative for the pump manufacturer.
BACKGROUND: Purchase Order #35731, Memorandum from Tim Fisher dated July 9,
1993.
FISCAL IMPACT: Budgeted funds for Water Production Maintenance of Machinery
Account #620-081-0460-8339 with a balance of $31,791.65.
Respectfully submitted:
City Manager
Prepared by:
Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
agenda.391
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%-,1 ofDENTONMUNICIPALUTILITIES/9oi-ATexas Street/Denton,TX �6aoi
MEMORANDUM
TO: Tom Shaw, Purchasing Agent
FROM: Tim Fisher, Water Production Manager
DATE: July 9, 1993
SUBJECT: EMERGENCY REPAIR OF RAW WATER PUMP #1 BY LAYNE TEXAS
COMPANY OF TYLER TEXAS
The purpose of this memorandum is to document events and to provide
justification for the course of action taken to date. The City's
water supply system is typically stressed to satisfy the increased
water demands during the summer months of June, July, August and
sometimes September. Peak water demands are generally during late
July and the month of August. The water treatment plant depends
upon the operation of the four raw water pumps which are located at
the Lake Lewisville Pump Station near the I-35E bridge. As the
treatment plant was expanded during the 1980's from 16 to 30 MGD,
the smaller pumps at the lake station were replaced with larger
units to increase raw water transmission capacity. The present
configuration does not have "firm" pumping capacity available (i.e.
rated capacity with the largest pump out of service). Therefore,
the maintenance and reliability of the pumps at the lake station
are of the highest priority for our system.
On Monday, June 28, 1993, our maintenance personnel observed an oil
and water mixture coming up out of the shaft area of the #1 raw
water pump. Subsequent investigative efforts were conducted on
Tuesday and Wednesday by City staff and with personnel from Layne
Texas Company of Tyler Texas. These investigations concluded that
the oil drip tube, which isolates the shaft bearings from the
pressurized water column of the pump, had developed a leak. This
defect was impossible to predict and prevent prior to the peak
summer demand period but makes the pump unoperatable until the unit
is pulled and repaired. Layne Texas was originally contacted
because they are factory representatives of Layne Bowler Pumps
(which is the pump manufacturer which supplied the #1 unit) and
they are an authorized repair and service firm which we have had
successful multi -stage vertical turbine pump work performed in the
past (water well #2 and #12). Based upon the complexity of the
Page 2
Emergency Pump Repair
work to be performed, the availability of Layne Texas to commit
adequate resources to provide a timely turn around time, the fair
and competitive price quotation which we received (attached), the
fact that they are factory service representatives for Layne Bower
Pumps, and our critical need to return the pump back into service
as soon as possible, we proceeded ahead with a purchase order with
Layne Texas in the amount of $11,809 to repair the pump. This
purchase order includes $8,390 for labor to pull, dismantle,
repair, reassemble and install the unit with an estimated amount of
$3,500 for repair parts in accordance with the price quotation we
received from Layne Texas.
The present schedule is outlined as follows:
Wednesday, July 7
Thursday, July 8
Week of, July 12-19
WEEK OF JULY 19-23
Layne Texas began to pull pump
unit.
The pump was ca:npletely removed
from the station and hauled
back to Layne Texas Company
Shop.
Pump will be repaired and ready
for transport back to Denton.
Pump will be shipped, installed
and returned back into service.
This schedule may be delayed if more extensive work or parts
availability becomes a problem.
Please schedule the necessary City Council Agenda Items required to
advise them of the status of this project and to support the
necessary course of action taken to date. Thank you for the
cooperation and assistance that you and your staff have extended to
me to help fast track this emergency repair.
Tim Fisher, Water Plant Manager
Attachments
FROM LAYNE-TEXAS 7. 2.1993 10-00 P. 2
Ane
A ONVOM at La WW.m«a COMWAY, Ina
PROFESSIONAL SERVICES FOR WATER SYSTEMS
Rt. 12. Box 13767 tybr, TOX010 7870A 21416928177
To: Mr. Tim Fisher
City of Denton
1701 B Spencer Road
Denton, Tx 76205
Reference: Raw Water Pump #1 Repairs
DESCRIPTION
Date July 1. 1993
Quotation No.
Furnish 3—man crew to pull pump & haul to shop
Shop labor to tear down, clean, & inspect all pump
parts, reassemble bowls, & touch up coating
Labor to transport pump, install, & start up
Repair costs:
Rebuild bowl assembly, inoluding impeller shaft,
bearings, wear rings, and seals
2-3/16" x 50 carbon steel lineshaft, each
3-1/21' x 2-•3/16" iineshaft bearings, each
3-1/2" x 5' oil tubes, each
161, x 51 flanged column pipe
2-3/1611 shaft couplings, steel
Parts prices do not include freight.
Parts other than those listed above may be required.
SHIPMENT:
SHIPPING DETAILS:
PROPOSED START DATE:
The foregoing prices are subject to Federal, State and Local Sales
and Use Taxes, This Quotation will automatically expire d Purchaser
does not deliver a written acceptance to Contractor by BY
<�LILel�
$1,970.0(
1,590.0(
2,055.0(
2,775.0(
120.2:
63.7:
65.0(
993.0(
38.3:
LAYNE-TEXAS
A Divlalon of Layne-weatem Company, Inc.
The undersigned accepts the above proposal at the prices shown, subject to any necessary revision In the list of estltnated quantities, and
hereby authorizes and instructs Contractor to proceed with the described work. The undersigned understands and agrees that the Terms an(
Conditions shown on the reverse are hereby incorporated as part of this contract. Purchaser's pumps, motors, parts and/or accessories may
be stored by Contractor for thirty (30) days from date of Invoice or other written notice from Contractor. After thirty (30) days, disposal of
equipment may be made by Contractor without incurring any liability.
Purchaser -- Address
By Date
LW-76e 12)9e
FROM LAYNE-TEXAS 7. 2.1993 10:01 P. 3
TERMS AND CONDITIONS
LIABILITY OF CONTRACTOR: Contractor shall nut be liable for any bodily Injury, death, or Injury to or deateuctan of tangible properly except me the same may have boon
caused by the negligence Of Contractor. In no avant shall Contractor be liable for any delay& Car special, indirect, incidental or consequental damages. Purchaser agrees that the
total limit of Contractor's liability (whether based on rag licence, warranty, strict liability or otherwise) hereunder, shelf not excead the aggragate amount due Contractor for services
randared undw ihia eommel. All claims, including claim* for negligence or any other muse whatsoever, shall be doomed waived unless made in writing and received by Contractor
within ono (1) year after Contractor's completion Of Work thereunder.
INSURANCE: Contractor shall provide workers' compensation insurance, public liability and property damage Insurance covering its employees and operation. Purchaser,
at Its option, may maintain such insurance as will protect II against claims wising out of the work.
REIMBURSABLE COST: In addition to the hourly charge provided on the face of this contract, PvrchasarwAl roltenburseConvactor for travel and living axpenses necessarily
incurred by the Contractor in the performance of the wait, minor incidental uatiumus such as Ovemlght mall, telephone and patty cash expenditures necessarily incurred, cost of
removal of all debris if so directed by Purchaser, sales, consumer, useand similar taxes required by law and the coat of permits and all licenses necasmary for the execution of the
work. The foregoing costs shall be billed at actual coat plus fifteen percent (15%) unless otherwise agreed upon,
PRICE ADJUSTMENT: Any Coaleslirhhules of 11me Immas stated herein are subject to equitable adjustment in the eventor differing or unforeseeable conditions, changes in
applicable rows after the data of this contract. unforeseeable delays or difilculdos Caused by acts of Clod, Purchaser Or any third parties. Prices of goods acquired by Contractor
from otham shall be adjusted to refloat Contractor's pica In affwol aI time of shipment, Pro prim of Contractor's goods will be adjusted to die prim in effect at time of shipment in
accordance with Contractor's current escalation policies at as speeifiealy covered In this contract.
TERMS: Ten (10) days net from date of Invoice. For extended projects, Contractor shall submit invoices on a monthly basis for any and all work compfeled and materials or
equipanent provided during the previous month. Past dve involoos shall be subjecito a delinquency charge Of one and one-half percent (1.1 /2%) per month (eighteen percent (1 a%)
per antrum) unless a lower charge is required under applicable law, in which Ease the lower rate shall apply, Purchaser agrees to pay arty and all attorneys' fees and court we is
should attorneys be utilized or court proceedings Initiated to collect past due amounts adsing Out of this contract. Contractor Shall have the right to immediately terminate this contract
without further liability if Purchaser fails to make timely payment or otherwise materially breaches this contract.
MATERIAL SHORTAGES AND COST INCREASES: If any portionof materials or equipment which Contractor Is required to furnish becomes Unavailable. either temporarily
or Pormanontly, through causes beyond the control and withoutthe fault of Conhgclor, than in the casu of temporary unavallablllty arhy completion time framos shoji be extended
for such period of lima an Contractor shall be delayed by such above-deeaibed unavailability, and in the case of permanent unavaiiabiliry Contractor shall be excused from the
requirement of furnishing such materials or equipment. Purdhaseragreea to pay Contractor any Increase in coat between the cost of the materials or equipmentwhidh have become
permanently unavailable and the Coss of the closest Substitute which is then reasonably available.
DELAYS: If Contractor is delayed at any time in the progress of work by labordispules, tire, unusual delays in transportation, unavoidable asualuaa, weather, or any cause
beyond Contractor's reasonable control, then any completion time frames shalt be extended by a eaaaortabte period of time, at least equal to the period of delay.
CHANGED CONDRIONS: The discovery of any hazardous Waste, substances. pollutants, contaminants, Underground obstructions Of utlltas on or in the job sitewhich were
not brought to the attention of Contractor prior to the date of tits comract will constitute a materially dilrorenl site condition entitling Contractor, at its sole discretion, to Immediately
terminate this convact without further liability.
ESCALATION: This contract is madewith the understanding that Contractor will be We to begin and continuously prooeedwlth Its work an or before the proposed start data
on the reverse side hereof. In to event Contractor is unable to commance its work on Or before amid date because the prajat is not ready for Contractor's work, Contraclot will
charge Purchaser the amount of any increase In Contraeler'a coal atlribulable to suds delay, plus Contractor's normal overhead percentage -
GUARANTEE AND LIABILITY: Contractor warrants that Its services will be performed In conformity with the standard of care In effect In Its Industry at the time of performance
Of BUM sarvioe e. Canlraethar agrees, to thaWbrietit la permitted, to paaa orl Carry warrantius provided by the manufacrurars of marorlals and/or equipmentfurnished under this contract.
Contractor Itself provides M warranty, express, implled or othewwiss, on any such materials or equipment. Contractor Will nor be responsible far: work done, material of equipment
furnished or repairs or alterations made by others.
Far any breach hereunder. Contractor shall be liable only for the value of the installation work or, If in wrongfully faila to install, then Its liability Is limited to the difference between
the contract price therein, and the value of other similar installation work, If Contractor's breach damages any materials or equipment furnished hereunder, Contractor shall Only
be liable for the value of such materials or equipment, Under no circumstances will Contractor be liable for consequential, special oe Indirect damages, including without limitation.
any Imp lose or damage, damage to other equipment, structures Or property, nor for any &that similar of dissinhiiar dwnagvs or losses whether due To delay, failure to furnish or
install, delay in installation, defective material or equipment, defective workmanship, defective installation, delay In replacing, nor for any causoor breach whatsoever, In any event.
Contractor's total liability towards Purchaser for alleged faulty performance or nonperformance under this contract shall be limited tothetotal contract price. No materials, equipment
of oorvloes contracted heroin carries any 9 varantoe not mentioned in this cenbacL. THE ABOVE WARRANTY ]SIN LIEU OF ALL OTHER WARRANTIES, EXPRE SS OR IMPLIED,
WHICH ARE HEREBY DISCLAIMED.
TITLE AND OWNERSHIP: In came of delaul ton Purchaser's part, Contractor Shall have the right to enter the premises upon which any materials or equipment furnished terein
have been installed and retake such goods not than paid for and pursueany further remedy provided bylaw, Includl ng recovery of attomeys' fees and any deficiency tothe maximum
extent and In the manner provided by law, Such materials an d equipment shall retain their character as personal property of Contractor until payment in full is received by Contractor,
rogardtoas of thoir mode of attachment. Unlea a Prior specific written Insteuctiono are received fo the curt lrary. surplus and replaced materials and equipment resulung from ropalr
or installation work shall bocome the property of contractor,
DELIVERY: Shipment schedules and dalus, expressed or Implied, are contingent on normal conditions. Contractor will not be responsible for any delays in shipment or
completion caused by (actors beyond its control such as, but not limited to, suppliers' failures, accidents, work stoppages or operation of or changes In the law. Shipments will be
made as promptly tee Contractor's ability to obtain materials and/or equipment and achadullry will parmt. No delay in shipments or variances from shipping schedule Shall be cause
of cancellation or any claim for damage. Any changes in layout or design requester+ after acceptance of this contract will he made at Purchaser's additional cost. Any such change
and/or time taken to supply engineering dataortoapprove drawing& will aulvrrroijuxlly uxlerid shipping schedules. Equlpmentwill be shipped "knocked dawn" to the extentGontractor
considers nehxrssary, With small parts stripped From equipmentand Cratod.On and afterdeliveryto the ceirrierfor transportation to the Purchaser's Site, Purchasarshall be responsible
fee all lose or damage to materials or equipment due to any cause, Including but riot limited to lose or damage resulting from casualty.
INDEMNIFICATION: Purchaser ag,eev to Induninlly and hold Contracmr, Its directors, officers, stockholders, employees, agents and sulowntraclora, harmless from and
against any and all claims, demands, causes of action (Including third parry claims, demands or rouses of action for contribution or Indemnification), liability and costs (including
attorneye' fees and other costs of defense) assorted and/or filed by Purchases or any third party(lea), Including without limitation Purchaser's employees, and enang out of or as
a result of: (I) the presence of Contractor of its subou n(raelors at the job site, (it) the Work performed by Contractor or its subcontractors, or (ill) any nogllganL act or omission of
Purchaser, its amployees, agents, consultants. other contractors or any person orentlly under Purchaser a control; except to this extant that such claims, demands, causoaof action,
liabilities or coats are mused by the negligence of Contractor or Its suboontraatera.
INTERP RETATION: This contracts hag be governed by and construed In accordance with the lava of the state of thejob site location. It any term, provision or condition contained
herein shall, m any extent, be Invalid or unenforceable, pursuant to stale law or otherwise. the remainder of the terms, provisions and conditions heroin (or the appticalion of such
term, provision, or condition to persona or circumstances ether than these In respect of which ilia invalid o. unenta„wauin) chat riot be a tected thereby, and each harm, protASlon
and condition of this contract shall be valid and onforceable to the fullest extent pernritwf by law.
ASSIGNMENT At SUBLETTING: Purchaser shall not have the right to transfer or assign Its rights and/or obligations underthls contract to any third party, related or unrelated.
without the express Written consent of Contractor, Contractor shall have the right to u an&far, assigner sublelall or any portion of Its rlghhe arobllgadons hereunder, but such transfer,
assignment or subletting shall not relieve Contractor from its furl obligations to Petvhasur unless such transfer, assignment or avbletdng Is pursuant to the sale of Contractor, Or
the division of Contractor responsible for this corhtracl, IV a third party.
MISCELLANEOUS: The terms and conditions set forth herein constitute the entire understanding of the parties relating to the work to be porforrel and materials and
equipment to be provided, by Contractor for the Purchaser. All previews prvphtaals, offers, and other communications relative to the provisions Of the subject Work, oral or written,
are hereby superseded, except to the extent that they have been expressly incorporated I eruln. Any modifications or revisions of any provisions herein or any additional provisions
contained in any purchase ardor, acknowledgment, or other form or the Purchaser are hereby expressly objected to by Contractor and shall not operate to modify this Contract. This
contract shall take effect upon acceptance and execution by both parties.