HomeMy WebLinkAboutResolution - 603 - Contract - Anthony Mechanical Inc - GWO 10982, SE WRP Renovation - 09/11/1980,A
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JWF:bs RESOLUTION #603 - 9/11/80
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed
to execute a change order on behalf of said City with the Contractor, being
Anthony Mechanical, Inc., on a contract with respect to Phase No. 1 Renovation
of Plant No. 1 S.E. Water Reclamation Plant G.W.O. 10982, being known as
Change Order No. 2 attached herewith and made a part hereof as if fully copied
herein in detail.
Passed by the City Council this 11th day of September , 1980
BILL McALISTER, MAYOR
ATTEST:
'Evelyn Gaffga, City SEcrl�t l* -Treasurer
AP
PR VED AS -'TO CONTENT:
Chief V ineer, Water Utilities
Enginee ing
APPROVED AS TO FORM:
�I&AM94��
711
. rth Fullingim, Asst. #Lty Attorney
anthony mechanical, inc.
mechanical contractors
p. o. box 2706/525 e. 40th
lubbock, texas 79408
phone (806) 747-4151
August 20, 1980
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Attn: Mr. Richard Barton
Re: Southeast Water Reclamation Plant
G.W.O. 10,982
Gentlemen:
Due to conditions completely beyond our control, we must request a time extension for
the subject contract.
We have not been able to get Mass Transfer (henceforth to be referred to as MT) to
deliver the filter media forbid item A. We have continuously pursued this order
from day one and to date have not received one piece of material on jobsite. Our
best efforts have been rewarded with no response from MT.
A chronology of our dealings with MT follows:
(1) 12/05/79 - we receive a phone quote from Norm Berthusen of Newport Industries
representing MT with delivery quoted as 26 - 28 weeks
(2) 12/08/79 - Newport Industries confirms verbal with written quote
(3) 12/21/79 - we are awarded subject contract by you with time of completion =
270 days, making 9/16/80 the date of completion
(4) 01/08/80 - we award our P.O. 422397 and note on the face thereof the time
importance - we set forth that delivery shall begin 12 weeks after MT receipt
of approved submittal and finish by the 24th week
(5) 01/15/80 - MT acceptance letter of our P.O. 422397 takes exception to our
delivery dates and restates delivery to be 26-28 weeks after approval
(6) 01/28/80 (approximate date) - we receive a sample for approval - we request
additional data for evaluation
(7) 02/12/80 - letter of transmittal for additional data
(8) 02/14/80 - approval obtained from city engineer
(9) 02/14/80 - our release to Newport Industries
io
Anthony Mechanical Inc.
P.O. Box 2706
Lubbock, Texas 79408
Original Amount of the Contract
Change Order #1
Amended Amount of Contract
Original Date of Completion
Additional Time of Completion
Amended Date of Completion
RESOLUTION #603 - 9/11/80
Change Order No. 2
Phase No. 1 Renovation of Plant No.
S.E. Water Reclamation Plant
GWO 10982
$408,059.00
$ 1,599.00
$409,658.00
September 16, 1980
19 weeks
January 27, 1981
WHEREAS, it is desirable to make changes in the plans and specifications
for this project;
THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages
gained, the Owner and the Contractor agree to the change shown herein and
in the attached exhibits and data, and the Owner and the Contractor agree
that the original contract between them shall be modified and amended to the
extent herein indicated.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their
hands this the lith day of September, 1980.
Anthony Mechanical, Inc.
By. 014'� El.
CITY OF L OCK
OWNER
By _
yo r
ATTEST:
Cit Secretary
RECO NDF,D FOR APPROV
1& 0,0
Chi ngineer, Water Utilities Engi-
neering
,ANTH9AY MECHANICAL, INC.
City of Lubbock
August 20, 1980
Page 2
(10) early April our expiditer begins checking on order status - contacts are
made by phone to Norm Berthusen
(11) 04/23/80 - phone contact made to Roddy Landon in Houston office of MT
(note that at this point we are going direct to MT for answers) - first
shipment promised 5/16/80
(12) 05/06/80 - phone contact to Landon - he advises they are having mold
problems and 1st shipment will be 5/30/80
(13) 05/09/80 - phone contact with Landon and Berthusen - continuing problems
with mold
(14) 05/14/80 - phone contact - no new info
(15) 05/16/80 - phone contact with Berthusen - still having problems with
mold - now 1st shipment is indefinite
(16) 05/21/80 - phone contact with Landon - mold will not work
(17) 05/30/80 - phone contact with Landon - trying to get another mold from
England
(18) 06/05/80 - phone contact with Landon - another mold coming from overseas
and schedule will be met -MT acknowledged the critical time of completion
(19) 06/11/80 - phone contact with Landon - no further info
(20) 06/13/80 - phone contact with Berthusen - no further info
(21) 06/18/80 -.no further info
(22) 06/23/80 - phone contact with Landon - mold coming off another job in
England - will arrive 1st week in July - Texas Plastics in Midland will
be making the product
(23) 06/25/80 - phone contact with Jack Hawkey of Texas Plastics - he says that
shipping of samples to England for approval will cause a two week delay
(24) 07/02/80 - phone contact with Landon - mold is being secured from another
job - he will check on waiving approval in England
(25) 07/07/80 - phone contact with Landon - no further info
(26) 07/09/80 —phone contact with Landon and Hawkey
(27) 07/10/80 - phone contact with Bill Watkins - VP in charge of production in
England (transatlantic call) - he advises that an additional mold will be
available in order to meet the schedule
(28) 07/14/80, 07/15/80, 07/16/80, 07/17/80 - phone conversations with Landon
and Geri Todd of MT - they give us shipping schedule for mold, when it will
clear customs, etc - mold supposedly will arrive in Midland 07/21/80
(29) 07/18/80,- phone contact with Jack Hawkey of Texas Plastics and he gives us
production info when he gets the mold
(30) 07/21/80 - phone contact with Geri Todd - mold delayed and will not arrive
till 07/22/80 - also an. additional mold being used for a job in France
will be diverted here in mid-August
(31) 07/23/80 - phone contact with Geri Todd - mold is in customs
(32) 07/25/80 - phone contact with Hawkey - he received mold at 10:00 AM - will
start production Monday
(33) 07/30/80 - phone contact with Hawkey - will run samples for approval
r ANTHONY' MECHANICAL, INC.
City of Lubbock
August 20, 1980
Page 3
(34) 08/01/80 - phone contact with Geri Todd - samples received and approved - no
further info on mold from France
(35) 08/04/80 - phone contact with Hawkey - ordered material for production -
production will begin Monday 8/11/80
(36) 08/06/80 - phone contact with Hawkey - production is beginning - should ship
first load 8/12/80
(37) 08/11/80 - phone contact with Hawkey - production problems trying mold on
another machine
(38) 08/13/80 - phone contact with Hoover (in -.charge of production at Texas
Plastics) - all material on hand is contaminated - new material being ordered
(39) 08/15/80 - phone contact with Hoover - received new material and back in
production - they will advise when 1st shipment is ready
(40) 08/18/80 - phone contact with Hoover - producing product with no problems -
samples have been run with a second mold
(41) 08/20/80 - phone contact with Hoover - 1st shipment is to arrive jobsite on
08/21/80 - current production is at 12,000 pieces daily and will require
22 weeks to complete - samples from 2nd mold were not approved - 2nd mold
will not be available for 3 to 4 weeks.
The above record does not mention many phone calls made by us which were not answered.
We feel the record speaks in our favor in our efforts to secure shipment of the filter
media. We have spent many hours and many dollars trying to get MT to keep their promises.
The finish date of this job is entirely at their whim, and apparently their whim is to
direct their productive efforts in other parts of the world.
The current productive rate by Texas Plastics will result in the final delivery about
22 weeks from this date, We therefore request a 19 week time extension tb the subject
contract.
We apologize for this poor performance.
Perhaps this chronology will aid you in your evaluation of choice of media for your
future requirements.
Thank you for your consideration.
ANTHONY MECHANICAL, INC.
OA'bk� el, Ot4L-4A�
Arthur E. Cronk
President
AEC/vra
cc: Mass Transfer
cc: Newport Industries
The Contractor further agrees that he will commence work within ten
(10) days after the date written notice to do so shall have been given to the
Contractor, and will progress therewith so that the work shall be substantially
completed in accordance with the terms of this Agreement.
By the term "substantially completed" is meant that the structure
has been made -suitable for use or occupancy and is in condition to serve its
intended purpose, but still may require minor miscellaneous work and adjustment.
46. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full
recognition of the time required for the completion of this project and has
considered the liquidated damage provisions of paragraph 47 herein and that he
shall not be�entitled to nor will he request an extension of time on this
contract except when his work has been delayed -by an act or neglect of the Owner
or Engiueev or..' of any, employee of either or by other contractors employed by the
Owner, or by changes ordered in the work,or by strike, lockouts, fire and
unusual delays by common carrier, and unavoidable cause or causes beyond the
ontractor's control. . The Contractor may apply for extension of time as justified
and provided herein in writing to the city engineer within 10 days after the act
has occurred which would tend to justify an extension of time and the engineer.
shall submit such written request to the City Council for their consideration.
Should the contractor disagree with the action of the City Council..on granting
an extension of time, the disagreement shall be settled as provided by
paragraph 44 herein.
47. LIQUIDATED DAMAGES FOR DELAY
The Contractor agrees that the completion date set forth in the proposal is
an essential element of the contract, and that if the Contractor fails to
substantially complete the work by said completion date or by an extension date
if allowed, the owner may permanently withhold seventy-five dollars (75.00) for
each working day thereafter. A working day will be'considered any day,_except
legal holidays and Sundays, that, in the judgment of the engineer, the contractor
-is able or would be able to efficiently employ more than one-half O of his
equipment for.more than four (4) hours.
48. RECIPROCAL REWARD FOR DELAYED OR EARLY COMPLETION
Time for completion is of the essence of this contract, by -reason
whereof, it reciprocally is agreed: (a). For each day of delay in completion
beyond the number of working days herein agreed upon for completion of the work
(after allowance for_"Extension of Time"., as provided for in paragraph 46 hereof)
the (MINER shall withhold from the CONTRACTOR'S compensation then unpaid the sum of
Dollars
($ ), which shall be applied as liquidated damages; (b) in
case the work be completed in fewer days than the number agreed on for completion;
II - 15
043
1970
The Contractor further agrees that he will commence work within ten
(10) days after the date written notice to do so shall have been given to the
Contractor, and will progress therewith so that the work shall be substantially
completed in accordance with the terms of this Agreement.
By the term "substantially completed" is meant that the structure '
has been made suitable for use or occupancy and is in condition to serve its
intended purpose, but still may require minor miscellaneous work and adjustment.
46. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full
recognition of the time required for the completion of this project and has .
considered the liquidated damage provisions of paragraph 47 herein and that he
shall not be entitled to nor will he request an extension of time on this
contract except when his work has`been delayed by an act or neglect of the Owner
or Engineer or 'of any employee of either or by other contractors employed by the
Owner, or by changes ordered in the work,or by strike, lockouts, fire and
unusual delays by common carrier, and unavoidable cause or causes beyond the
ontractor's control. The Contractor may apply for extension of time as justified
and provided herein in writing to the city engineer within 10 days after the act
has occurred which would tend to justify an extension of time and the engineer.
shall submit such written request to the City Council for their. consideration.
Should the contractor disagree with the action of the City Council .on granting
an extension of time, the disagreement shall be settled as provided by
paragraph 44 herein.
47. LIQUIDATED DAMAGES FOR DEI.AY_
The. Contractor agrees that the completion date set forth in the proposal is
an essential element of the contract, and that if the Contractor fails to
substantially complete the work.by said completion date or by an extension date
if allowed, the owner may permanently withhold seventy-five dollars (75.00) for
each working day thereafter. A working day will be considered any day,.except
legal holidays and Sundays, that, in the judgment of the engineer, the contractor
-is able or would be able to efficiently employ more than one-half O of his
equipment for.more than four (4) hours.
MY_
48. RECIPROCAL REWARD FOR DELAYED OR EARLY COMPLETION
Time for completion is of the essence of this contract, by -reason
whereof, it reciprocally is agreed: (a). For each day of delay in completion
beyond the number of working days herein agreed upon for completion of the.work
(after allowance for "Extension of Time", as provided for in paragraph 46 hereof)
the MNER shall withhold from the CONTRACTOR'S compensation then unpaid the sum of
Dollars
($ ), which shall be applied as liquidated damages; (b) in
case the work be completed in fewer days than the number agreed on for completion;
043
1970