1993-130ORDINANCE 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.
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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:
ay- ,
City Manager
Prepared by:
Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom D. ShaM.
Title: Purchasing Agent
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CITY of DENTON MUNICIPAL UTILITIES/9oi-A Texas Street /Denton, TX 76201
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 servi%e). 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
Layne Texas began to pull pump
unit.
Thursday, July 8
Week of, July 12-19
WEEK OF JULY 19-23
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.
7:~~ 1 9-4
Tim Fisher, Water Plant Manager
Attachments
FROM LAYNE-TEXAS 7. 2.1993 10-00 P. 2
Ane
hUmatexas
A ON11bn at WWW.eum COMWAY. Ina
PROFESSIONAL SERVICES FOR WATER SYSTEMS
Rt. 17, Box 17767 . lytur, T.x010 78709 . 21416928177
To: Mr. Tim Fisher
City of Denton
1701 B Spencer Road
Denton, Tx 76205
Reference: Raw Water Pump #1 Repairs
Date July 1. 1993
Quotation No.
DESCRIPTION
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" lineshaft bearings, each
3-1/2't 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.
PRICE
$1,970.0(
1,590.0(
2,055.0(
2,775.0(
120.2:
63.7:
65.0(
993.04
38.3:
SHIPMENT:
SHIPPING DETAILS: LRYNE-TEXAS
PROPOSED START DATE: A Divlabn of Layne wealem Company, Inc.
The foregoing prices are subject to Federal, State and Local Sales Contractor)
and Use Taxes, This Quotation will automatically expire a Purchaser
does not deliver a written acceptance to Contractor by BY
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-768 12)99
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 deateucden of tangible property except as the same may have boon
caused by the negligence of Contractor. In no avant shall Contractor be liable toe any delays car special, indirect, incidental or consequental damages. Purchaser agrees that the
total Ilmlt of Contractor's liability (whether based on negligence, warranty, Strict liability or otherwise) hereunder, shelf not excead the aggragato amount due Contractor for services
randared under this eommel. All Claims, including claims for negligence or any other muse whatsoever, shall b0 doomed waived unless made in writing and received by Contractor
within one (1) year after Contractor's completion of Work hereunder.
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 arising out of the work.
REIMBURSABLE COST: In addition to the hourly charge provided on the face of this contract, Purchaserwtl roltenbueseContractor for travel and living axpareses necessarily
incurred by the Contractor in the performance of the wort[, minor incidental uxpumus such as overnight mall, telephone and patty cash expenditures necessariy 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 necaamary 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 Cosleslirnhules or time frames stated herein are subject to equitable adjustment in the eventof differing or unforeseeable conditions, changes in
applicable rows after the data of this contract. unforeseeable delays or difficulties caused by acts of Clod, Purchaser or any third parties. Prices of goods acquired by Contractor
from othom shall be adjusted to refloat Contractor's price In offset at time of shipment, The 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 spaeificaly 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 completed and materials or
equipment provided during the previous month. Past dve involoos shall be subjectto a delinquency charge of one and one-half percent (1.1 12%) par month (eighteen percent (18%)
per annum) unless a lower charge is required under applicable law, in which case 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 fequlrod to furnish becomes Unavailable. either temporarily
or pormanotltly, through causes beyond the control and withouli fault of Conuactor, than in the case of temporary unavallabl1hy any completion time framos shal be extended
for such period of Lima an Contractor shall be delayed by such above-deeaibed unavailability, and in the case of permanent unavairabiliry Contractor shall be excused from the
requirement of furnishing such materials or equiprltont. Purchaseragreea to pay Contractor any Increase in coat between the cost of the materials arequipmentwhidh 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 asualtas, weather, or any cause
beyond Contractor's reasonable control, then any Completion time frames shalt 00 extended by a eaaaonable 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 udlltas on or in the job site which were
not brought to the attention of Contractor prior to the date of tthls Cemraet will constitute a matiodally dilroeerhl site condition entitling Contractor, Bills sole discretion, to Immediately
terminate this contract 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 the event Contractor is unable to common ce its work on or before amid date because the project is not ready for Contearalor's work, Contraclot will
charge Purchaser the amount of any increase In Contractor's coal atlribulable to sucth 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 services. Contractor agrees, l0 thraextOntit la permitted, to paaa on airy warranties provided by the manufacrurars of marorlals and/or equipmentfurnished under this contract.
Contractor Itself provides nor warranty, express, impllod or otherwise, on any such materials or equipment. Contractor will nor be responsible tor: work done, material of egUlpment
furnished or repairs or aheraiions made by others.
Far any breach hereunder, Contractor shall be liable only for the value of the installation week or, If it wrongfully faila to install, then Its liability Is limited to the difference between
the contract price herein, and the value of other similar installation work, t 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 or Indirect damages, including without limitation.
any rmp lose or damsgo, damage to other equipment, structures or property, not Warty ether similar of dii iahiiar 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.
Contracter'e total liability towards Purchaser for alleged faulty performance or nanparformance under this contract shall be limited tothatotal contract price. No materials, equipment
of Services contracted heroin carries any guarantee 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 heroin
have been installed and retake such goods not than paid for and pursueany further remedy provided bylaw, Includl rig recovery of ettomeys' fees and any deficiency tethe maximum
extent and In the manner provided by law, Such materials an d equipment shall retaln their character as personal property of Contractor until payment in full is received by Contractor,
rogardtoss of thoir mode of attachment. Unleaa prior specific written Instructions are received fu the contrary, surplus and replaced materials and equipment resulung fro m ropalr
or installation work shall become the property of contractor,
DELIVERY: Shipment schedules and dalus, expressed or Implied, are condtgent on normal conditions. Contractor will not be responsible for any delays in shipment or
completion caused by factors 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 ore Contractor's ability to obtain materials and/or equipment and achadullry will parent. No delay in shipments or varlancos from shipping schedule shall be cause
of cancellation or any cWm for damage. Any changes in layout or design requested after acceptance of this contract will be made at Purchaser's additional cost. Any such change
and/or time taken to supply engineering dMacetoapprove drawings will auivrrra(iuxlly uxlund shipping schedules. Equlpmentwill be shipped "knocked dawn"to the extentcontractor
considers neoessary, With small parts stripped From equipmentand Cratod.On and aflardeliveryto tthe carrierfor 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 agrees to Indaninlly and hold Contractor, Its directors, officers, stockholders, employees, agents and subcontraciora, harmless from and
against any and all claims, demands, causes of action (Including third parry claims, demands or muses of action for contribution or Indemnification), liability and costs (including
attorneys' fees and other costs of defense) assorted and/or filed by Purchases or any third party(lea), Including Without limitation Purchaser's employees, and anang out of or as
a result of: (I) the presence of Contractor or its subacn traitors at the job site, (it) the Work performed by Contractor or its subcontractors, or (ill) any nogllganL art or omission of
Purchaser, its amployees, agents, consultants. other contractors or any person orently under Purchaser a control; except to the extant that such claims, demands, causoaof action,
liabilities or costa are caused by the negligence of Contractor or Its suboontrac nra.
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, to any extent, be Invalid or unenforceable, pursuant to state law or otherwise. the remalnder of the terms, provisions and conditions heroin (or the Splitication of such
term, provision, or condition to persons or circumstances ether than those In respect of which ilia invalid m unenfa„wauin) shalt riot be affected thereby, and each Term, provision
and condition of this contract shall be valid and enforceable to the fullest extent pernritlwf 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, Conteaeloe shall have the right to u ansfar, assign car sublelall or any portion of Its rlghrs arobligadons hereunder, but such transfer,
assignment or subletting shall not relieve Contractor froM its full obligationa to PitJhaaur unless such transfer, assignment or avblerdng Is pursuant to the sale of Contractor, or
the division of Cont/aetor responsible for this mnhmiA, 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 performed, and materials and
equipment to be provided, by Contractor for the Purchaser. All provides prupwaals, offers, and other communications relative to the provisions of the subject Work, oral or written,
are hereby superseded, except to the exl6nl that they have been expressly incorporated I Ieruln. 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 pas Contract. This
contract shall take effect upon acceptance and exocutioo by both parties.