2016-004ORDINANCE NO. 2016 -004
AN ORDINANCE RATIFYING THE EXPENDITURE OF FUNDS BY THE CITY MANAGER FOR THE
EMERGENCY PURCHASE AND INSTALLATION OF ELECTRICAL WIRING, FIXTURES, APPLIANCES,
DRYWALL AND ASSOCIATED REPAIRS FOR THE DENTON MUNICIPAL ELECTRIC AND FACILITIES
MANAGEMENT DEPARTMENT PROJECT LOCATED AT 1224 N BONNIE BRAE IN ACCORDANCE WITH
PROVISIONS OF SECTION 252.022 OF THE LOCAL GOVERNMENT CODE EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE (FILE 6023 - AWARDED TO HARVEST CONSTRUCTION TEAM, INC. IN THE AMOUNT OF $58,175).
WHEREAS, state law and ordinance require that certain contracts requiring an
expenditure or payment by the City in an amount exceeding $50,000 be by competitive bids,
except in the case of public calamity where it becomes necessary to act at once to appropriate
money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to
public property, machinery or equipment or where the procurement is necessary to preserve or
protect the public health or safety of the city's residents under Section 252 of the Local
Government Code; and
WHEREAS, the City Manager has recommended to the City Council that it is necessary
to purchase goods or services due to the following emergency conditions outlined in the
memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby determines that there is a public calamity that
makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of
the city, or to provide for unforeseen damage to public property, machinery or equipment, or to
preserve or protect the public health or safety of the city's residents and by reason thereof, the
following emergency purchases of materials, equipment, supplies or services, as described in the
"Purchase Orders" referenced herein and on file in the office of the Purchasing Agent, are hereby
approved:
FILE NUMBER_ VENDOR
AMOUNT
6023 Harvest Construction Team, Inc. $58,175
SECTION 2. Because of such emergency, the City Manager or designated employee is hereby
authorized to purchase the materials, equipment, supplies or services as described in the Purchase Order
on file in the office of the Purchasing Agent, and to make payment therefore in the amounts therein
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 3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 6023 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and approval.
k/ � . W 01 Vii.
PASSED AND APPROVED this the day of � °
1,m
rf W I', MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Vendor: Harvest Construction
Commodity /Service: Installation of drywall
Estimated expenditure for the above commodity or service: $ 10,895
Initial all entries below that apply to the proposed purchase, under the Purchasing Procedures as
passed by City Council. (More than one entry may apply.)
1. ,m .................... Emergency situations, including procurements necessary to protect the public health
or safety or' in response to a public calamity;
2 A procurement necessary because of unforeseen damage to public equipment,
machinery, or other property;
Brief Description/Justification for exception:
On October 7, 2015 I sent an email out to Schmoldt Construction, Harvest Construction, and
Caliber Construction requesting a meeting on site for proposal requests. Only Harvest and
Caliber attended the onsite walk through. I received two proposals for the project Harvest's
proposal was submitted at $47,280 and Caliber's proposal was $49,663 excluding Alternate 1 &2.
On November 11, 2015 it was determined by the Facilities Management Department along with
Mark McCoy (DME's Project Engineer) that additional drywall work would need to be
performed at 1224 N Bonnie Brae St. The repairs are required due to the unforeseen issues and
code violations that were discovered during the construction process.
While performing plumbing repairs it was determined that the building drain pipes below slab
would not hold a water test and had been leaking for some time. After talking with Olshan
Foundation Repair it was determined that we need to make repairs to the drain lines in order to
maintain our warranty on the foundation repairs. The plumbing repairs consisted of saw cutting
the slab, installing new drain lines, opening up wall in kitchen, bathrooms, and laundry areas in
order to connect the drains to the existing vents inside the walls.
While performing electrical repairs the drywall in all the interior /exterior walls were damaged
due to the electricians having to cut out sections in order to gain access to the switches and
receptacles. All switches had to be lowered inside for ADA accessibility requiring the
electricians to cut holes in more areas. All the wiring inside the house had to be brought up to
the 2011 NEC standards to include new arc fault and GFCI circuits.
While performing the removal of the remaining paneling inside it was discovered that some of
the drywall behind the paneling was water damaged and would need to be replaced. It was also
determined after removing some of the ceiling tiles where the ceiling was uneven and that the
prior installation of drywall was lacking the minimum amount of screws required by the building
code. We then made a decision to remove all the ceiling tiles, add the required drywall screws,
and tape, bed, texture and paint all the ceilings (this was not included in the original bid).
This construction was authorized to move forward without soliciting the 3 required proposals
due to the fact that Harvest Construction is listed on the already issued building permit (1510-
0239) and we have a tight schedule to complete this project for a citizen by the end of December.
By having Harvest Construction complete the necessary drywall repairs the City avoids any
conflict that might arise by having two different contractors working on similar construction at
the same address.
In accordance with the provisions of the Texas Local Government Code 252.022(a) (3), this
repair is exempt from the standard competitive requirements, because of unforeseen damage to
public machinery, equipment or other property.
Respectfully Submitted by,
Director Date
Approved by:
t Icor ,c Campbell Date
City Manager
Rev' wed by:
Reviewed By:
r
Elton Brock Date Anita Burgess Ds.te
Purchasing Manager -.. -.. City Attorney
This form must be attached to a purchase requisition if the expenditure is under $50,000.
This form must be attached to a completed Agenda Information Sheet if the expenditure exceeds
$50,000.
Harvest Construction Team, Inc.
1210 Duncan St. Suite D -1
Denton, TX 76205
City of Denton
Zackery Loiselle
215 E. McKinney St.
Denton, TX 76201
ESTIMATE
ESTIMATE #
2168
DATE: 10/13/2015
PROJECT
P.O. N0.
DME
PLEASE SIGN AND DATE IF ACCEPTED. THANK YOU Signature
Phone # Fax # E -mail
940 - 243 -2429 940 - 380 -1089 pat.pharr@verizon.net
Harvest Construction Team, Inc.
1210 Duncan St. Suite D -1
Denton, TX 76205
City of Denton
Zackery Loiselle
215 E. McKinney St.
Denton, TX 76201
ESTIMATE
ESTIMATE #
2174
DATE: 11/11/2015
PROJECT
P.O. NO.
Existing Dwelling
PLEASE SIGN AND DATE IF ACCEPTED. THANK YOU Signature
Phone # Fax # E -mail
940 - 243 -2429 940- 380 -1089 pat.pharr@verizon.net
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