Common use of Summary Statement Clause in Contracts

Summary Statement. The Butt Holdsworth Memorial Library’s HVAC system (air conditioning) has not worked since May 21, 2021. Obviously, being without a working HVAC system during the hotter days of the summer is uncomfortable for the Library’s patrons and has become a burden for staff. Large fans help, but at times, the temperature within the Library is challenging to work in and may in fact be jeopardizing other systems and property within the Library. The upper floor of the Library is particularly unbearable. Initially, the City sought to replace the entire HVAC based upon its age and other conditions. The City sought bids for such work. After receiving bids, several bids were deficient and the remaining bids were over the budget that the City estimated for the work. Thus, City staff has recommended that City Council reject all bids. However, in the course of reviewing bids and meeting with bidders, the City learned that some of the parts and equipment required for this project are either immediately unavailable or will be delayed in being shipped to Kerrville. Such delays are estimated at being up to 10-12 weeks. Private property owners are experiencing the same delays, including a new restaurant seeking to open. Thus, based upon these delays, which may only increase, and the remaining days of summer temperatures, City staff believes an emergency exists, such that the City use an exception to the state bidding law and the City’s purchasing policy, and immediately proceed with securing a firm to perform the work. Entering into such a contract will also entail the immediate order of the necessary parts and equipment, thereby minimizing further delay. Pursuant to Section 252.002, of the Tx. Local Government Code, cities are authorized to forego the bidding process where it is necessary to protect the public health or safety or is necessary because of unforeseen damage to public machinery, equipment, or other property. City staff believe that this exception absolutely applies here. Since the HVAC system is in immediate need of replacement leaving Library staff burdened with warmer conditions in addition to protecting the resources contained within the Library, staff recommends contracting with Trade-▇▇▇▇ ▇▇▇▇▇, Inc. in the amount of $283,200.00 to complete the necessary repairs to the library HVAC systems. Such work will begin as soon as possible.