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2012-008ORDINANCE NO. 2� 12-��g AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF THE ELECTRIC TRANSMISSION CONDUCTORS FOR THE CITY OF DENTON, TEXAS, DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR THE RETROACTNE RATIFICATION OF THE PURCHASE IN THE AMOUNT OF $335,129.60 AS PERMITTED IN THE PROVISIONS OF THE ORDINANCE NO. 2009-189, THE ORDINANCE PROVIDING FOR PROCUREMENT PROCEDURES FOR PURCHASES BY DENTON MUNICIPAL ELECTRIC FOR ELECTRIC PRODUCTION, TRANSMISSION, DISTRIBUTION, AND STATION SYSTEMS 1N ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 252.022(C); PROVIDiNG AN EFFECTIVE DATE (BID NO. 4880-ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC TRANSMISSION CONDUCTORS AWARDED TO STUART C. IRBY IN THE NET PRICING AS SHOWN IN EXHIBIT "A"). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, there is an urgent need to reconstruct the Texas Municipal Power Agency ("TMPA")1381cV transmission line from Denton West to Fort Worth Substation; and from Denton West to Jim Christal Substation, as the lines do not currently meet the NERC and ERCOT performance requirements for single outages. If either line experiences an outage at or near the time of the summer pealc, the other line will overload, possibly to the point of failure. TMPA has been unable to approve, design, and procure materials and construction services to reconductor these lines before the stunmer of 2012. As a member city of TMPA, and because of the potentially severe impact to the City, the City proposes to undertalce the project; and WHEREAS, an immediate purchase and ordering of the materials covered in this ordinance is necessary, without any delay, because of the lag time involved in the production and the delivery of the materials to the City in order for the City to then construct and secure the conductor; and it is in the interests of the public health and safety to do so; and WHEREAS, the City Council finds and concludes that due to the circumstances recited above, that a"critical business need" exists, and further finds that Staff has performed all of the requirements and prerequisites that are required by Ordinance No. 2009-189 regarding this procurement; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bid for the materials, equipment, supplies or services as shown in the "Bid Proposal" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The preamble hereinabove is hereby adopted and is incorporated herewith for all purposes pertinent, as a part of this ordinance. SECTION 2. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposal" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER 4880 ITEM NO Various VENDOR Stuart C. Irby •u• 1 Exhibit "A" SECTION 3. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the person submitting the bid for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. Should the City and the winning bidder wish to enter into a formal written contract as a result of the acceptance, approval, and awarding of the bid, the City Manager or his designated representative is hereby authorized to execute a written Contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and the related documents thereto, and to further extend that Contract as determined to be advantageous to the City of Denton, Texas. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to talce any actions that may be required or permitted to be performed by the City of Denton, Texas under the Purchase Order to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. By the acceptance and approval of the above enumerated bid, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bid. SECTION 7. All actions taken by Staff regarding the purchase of the goods referenced hereinabove are hereby approved, ratified and confirmed; and this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �A ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: 3-O -BID 4880 BID # 4880 Exhibit A DATE: December 2, 2011 Annual Contract for Electric Transmission Conductor -Suwannee Est. Item Annual DESCRIPTION VEND�R QtY Stuart C. Irby Co. Principle Place of Business: Ft. Worth, Wire, 959.6 Bare Alu►nittum Conductor, Class ACSS/TW, 22 Straud, Overall diameter 1.108", D.C. resistance 0.0172 Ohm/1000 1 130000 ft. @ 20°C, Rated breaking $2.248 shength 33,1001bs. (Code name "Su�vannee" on 5,000 ft. minimmn staiidard returnable steel reels . 2 26 Reel Deposit $2,400.00 Notes 10,400'/steel reel Total Wire Cost $292,240 Total Wire Cost with Reel $354,640 Reel Return $62,400 Delivery 22-24 wks Authorized Distributor Yes