1991-092ORDINANCE NO q/-o9~.
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 of the citizens of the city, or in case of unforeseen
damage to public property, machinery or equipment, 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
13892 DBS Escher Wyss $75,000 00
SECTION II That because of such emergency, the City Manager
or designated employee is hereby authorized to purchase the mater-
ials, equipment, supplies or services as described in the attached
Purchase Orders and to make payment therefore in the amounts there-
in stated, such emergency purchases being in accordance with the
provisions of state law exempting such purchases by the City from
the requirements of competitive bids
SECTION III That this ordinance shall become effective im-
mediately upon its passage and approval
1991
PASSED AND APPROVED this the ~day of
BOB CASTLEBERRY, MA
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED A LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY Ld~~
DATE JUNE 25, 1991
QI~Y_COQNCIQ_R$PQRT
TO Mayor and Members of the City Council
FROM Lloyd V Harrell, City Manager
SUBJECT PURCHASE ORDER #13892 TO DBS ESCHER WYSS (MONTREAL
QUEBEC)
REQQMNRNpATION We recommend purchase order #13892 to DBS
Escher Wyss in the amount of $75,000 00 be approved
RUM-MARY This purchase order is for the emergency repairs
to equipment at the Lewisville Lake Hydroelectric Project
due to flood damages
Repair services are also single source and available only
from the original manufacture to protect warranty and
performance quantities
The amount of the purchase order is an estimate only and
will be revised after on-site visits are made by DBS
personnel
Insurance carried by Martin K Eby, general contractor for
the hydroelectric project, should cover these expenses and
reimburse the City of Denton
$ACNQROQND Purchase Order #13892, Memorandum date June 6,
1991 from Ernie B Tullos to R E Nelson, Letter from Eby
date June 5, 1991 and letter from DBS Escher - Wyss Inc
dated June 6, 1991
PROQ$ADS_DEPARTMENT_OR__QRQDPD_AFFECT$p Electric Utility,
Lewisville Lake Hydroelectric Projects and Martin K Eby,
Inc
FISQA1,__IMPAQ1 Funds for this purchase order will be
"borrowed" from Electric Utility Operating funds account
number #610-080-0251-8339 and reimbursed by Martin K Fby
Construction Cc , Insurance carrier
CITY COUNCIL REPORT
JUNE 25, 1991
PAGE 2 OF 2
Res tfull_y~itted
Lloyd V Harrell
City Manager
A roved
Name Tom D Shaw, C P M
Title Purchasing Agent
TS/jh
166 DOC
901-B TEXAS STREET
P 0 NUMBER
13892
CITY OF DENTON, TEXAS
PURCHASE ORDER
DATEIVENDOR NO
06/07/91 SSO
DOM48000,
VENDOR
DOS ESCHER WYSS
DIVISION SULZER CANADA
555 RUE NOLTRE-DAME ST.
LACHINE(MONTREALICANADA H8S281
DENTON, TX 76201
DOCUMENT
SHIPTO
h
TYP
I ; A
ITEM ACCOUNTNUMBER UNITS NUMBER DESCRIPTION BID NO LINEAMOUN
01
610
080
0251
JL12
8339
0.01 EMERGENCY FOR FLOOD REPAIR TO
02
610
080
0251
JL12
8339
SWITCHGEAR• HYDRAULIC PUMPING
03
610
080
0251
JL12
8339
UNIT, & GENERATOR ATLEWISVILLE
04
610
080
0251
JL12
8339
HYDROELECTRIC PROJECT
TOTAL FOR P•O•
750000.0
75.000.0
The Olt of Denton, Texas Is tax exempt-Houso 8111 No 20
Reference P 0 Number on all BIL, Shipments and Invoices
shipments are F 0 B City of Denton, or as Indicated By
' I Direct Inquiries TO
Send Invoices TO
City of Denton, Accounts Payable John J Marshall, C P M Purchasing Agent
215 E McKinney 8t, Denton, TX 78201 Tom D Shaw, C P M Aest Purchasing Agent
(or as indicated on Purchase Order) 8171666-8311 DIFW Metro 287-0042
The City of Denton Is an equal opportunity employer
44/~~Jc/
CITYof DENTON MUNICIPAL UTILITIES/ 901 A Texas Street/ Denton TX76201
MEMORANDUM
TO R E Nelson, Executive Director of Utilities
FROM E B Tullos, Director of Electric Utilities
DATE June 6, 1991
SUBJ EMERGENCY REPAIR TO EQUIPMENT AT LEWISVILLE
HYDROELECTRIC PROJECT DUE TO FLOOD CONDITION
On June 2, 1991, the Lewisville Hydroelectric project received a
3 1/2" rain that flooded the powerhouse through its tailrace
The major equipment damaged was the hydraulic/lubricating pumping
unit used for the control of the wicket gates, generator,
switchgear and some control boxes The hydraulic unit was
designed by Sulzer-Escher Wyss (Montreal, Quebec) The generator
was designed by Electric Machinery in Minneapolis, Minnesota
The switchgear was designed by Pacs Industries, Inc in Mt
Vernon, Ohio
The City has separate contracts with DBS, Escher-Wyss and EBY
There is no contractual agreement between EBY and DBS
Due to contract obligations, and to expedite the construction
schedule, Denton is recommending to proceed with the measures to
authorize vendor inspection of damaged owner-furnished equipment
as soon as possible Under these circumstances, the City shall
obtain the full warranty and make sure the equipment shall be
restored to its original conditions
EBY is in full agreement to compensate the City for the total
expenses
EBT to
06061185
cc Tom Shaw, Purchasing Agent
Joe Cherri, P E , Electric Engineering
JUN 05 191 15 00 P 2
MARTIN K, EBY CONSTRUCTION CO., INC.
GENERAL CONTRACTORS • 1800 BROWN TRAIL • P 0 BOX 820337 • 8EDFORD, TEXAS 70182-0337
(817) 288-014 FAX (017) 2880300
IRIASI ADDIIO IIPLY To 7HI COMPANY
,tune 8, 1991 ATTIN1)ON Of IHI WRITII
Mr Joe Cheri, P.E
City of Denton
901-B Texas Street
Denton, Texas 78021
REFERENCE Ray Roberts and Lewisville
Hydroelectric Projects
Flood Damage at Lewisville Site
M K Eby Job No. 1828-80
Oentlemen
The claims specialist for M.K Eby insurance carrier, Mr R J
Kubiak, and his technical advisor from Haag Engineering Co were on site
earlier today to view the effect of flood damage to the powerhouse
interior equipment and material. Following their inspection, a
discussion was hold that included suggestions on how to expedite
examination of the generator, electrical equipment, and other items
affected by the flood. Mr Jensen, 088, indicated that they needed
authorization to bring appropriate personnel to the site to advise on
further action. It was our understanding that they preferred the
authorization to come from the City of Denton
In order to maintain existing contractual relationships and
responsibilities, it appears to be appropriate for M K Eby to function
in accordance with the terms of their contract with the City of Denton
and continue measures to complete all work, and in particular, reduce
schedule effects from the flood. At this time, M K Eby is in complete
agreement with measures necessary to authorize vendor inspection of
damaged owner furnished equipment as quickly as possible.
Please contact us if you have any questions
very truly yours,
MAR K EBY CON R ON CO V INC.
i
A 07 Ve er-
Project Manager
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An Aqu,l OpfMbMy IMOWW
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DAIS ESCHER WYSS INC.
656 rue Notre 08me LacMine (Montr6al) Canada H88 281
T41 (514) 485 2700 Ulu 05 822883 T#JoCopieur (514) 834 8844
June 6, 1991
Denton Municipal Utilities VIA TELECOPIER
215 E McKmey Street (817-383.7334)
Denton, Texas
USA 76201
Attention- Mr J Chem
Subject LEWMVILLE PROJECT
aw= DAM&W OF JUNE 2.19 1
Dear Mr f'ham,
Pursuant to the telephone conversation of June 3, 1991 between your
h2r. Z Tuliva aunt the wiitor, DDS lraehor Wya3 is atilt awcutwg matruoti=x
regarding repair of equipment damaged in the flood of June 2, 1991 It was our
understanding that after your meeting with the Insurance Adjuster you would be
getting in touch with us
DBS Escher Wyss must receive a Purchase Order from the City of Denton to
proceed oath the repair The basis of payment will be
purchases and Tmuporta =
Suppher's invoice plus 15% for adnumstmdon and overhead
(e g Electric Machinery's invoice for repair of generator will fall into this
category)
Rates for DBS Esther Wyss Staff"
Engineering and Drafting.
Contract Administration
Field Services
$ 80 00 per hour
$ 100 00 per hour
$ 108 00 per hour
_a
I M . ,
WY69 INC.
-Z-
The above rates are in U S funds and are for regular hours during week days
(8 hour/day) Overtime during week days shall be paid at tune and a half Work
during week-ends and holidays shall be paid at double time
The above rates do not include travel and living expenses, which shall be billed
at cost plus 15%
Terms of payment net 15 days.
Please note that time spent by DBS Escher Wyss personnel in coordinating the
repair, evaluating suppliers reports, expediting suppliers and keeping Insurance
Adjuster and City of Denton informed as to the status of the repair shall be
charged to the Repair Purchase Order DBS Escher Wyss staff will record all
time spend and we would be prepared to submit time sheets on a weekly basis
for your information
Furthermore, on account, of the delay resulting from the flood and the earlier
delay in star-up of construction, DES Escher Wyss must get compensation for the
extension in warranty
If you need further mformatron, please do not hesitate to get in touch with us.
Smcerely,
DBS ESCHER WYSS INC
f lwrp~
i Burney, Eng.
Manager - Nuclear & Special Projects
c.a M. Georg=
0. ion"
IL Pomeroy
ZB/ms
(DBS EW)
(DBS EW)
(DBS EW)
Wk Te)TA Porr n"
1
pf((I
GENERAL CONTRACTORS 1500 BROWN TRAIL P O BOX 820337 BEDFORD TEXAS 76182 0337
(817) 268 0514 FAX (817) 285 0305
PLEASE ADDRESS REPLY TO THE COMPANY
ATTENTION OF THE WRITER
June 14, 1991
MARTIN K. EBY CONSTRUCTION CO., INC
E%DELLENCE &NCE tply
Mr R E Nelson
City of Denton
901-B Texas Street
Denton, Texas 76201
RE Lewisville Hydroelectric Site
Flood Damage Cost
M K Eby Job No 1825-51
Dear Mr Nelson
For your information and to supplement General Conditions paragraph
GC29 8 and Special Conditions paragraph SC 17 we propose the following
M K Eby Construction will pay the City of Denton all costs
associated with flood damage to owner furnished equipment as a
result of flooding in the powerhouse structure due to rain
storm occurring on June 2, 1991 P M Copies of invoices and
bills supporting City of Denton costs will be forwarded to the
project office site - attention of Brett Myers, Superintendent
2 All rights and obligations that arise under Contract 71 0000,
Lewisville Hydroelectric, dated June 13, 1990 shall remain in
full force and effect and shall not be altered or changed in
any respect as a result of the undertaking provided in one (1)
above
Very truly yours,
M N K EBY CONSTRUCTION CO , INC
r
i
oe L1 deman
Vice President/Area Manager
AGR/JL/mib
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An Eq.el Op"O n ly Employer