HomeMy WebLinkAboutOrdinance - 8047-1980 - Funds For Approved Project: Sanitary Sewer Project Fund. $1,599.00 - 05/08/1980FORM L-2 ORDINANCE NO.
AN APPROPRIATION ORDINANCE
WHEREAS, the City Council of the City of Lubbock finds it is
necessary to appropriate certain specific funds for an approved
project:
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
There is her~by appropriated out of the following described
fund, to-wit:
Sanitary Se~er Capital Project Fund
The sum $ 1,599.00
For the following purpose:
8047
Install four light fixture poles
Concrete blocks for filter floor
channel
$1,058.00
541.00
$1,599.00
36-0001-14800-01982
THAT the fact that public necessity and convenience requires that this
Ordinance be passed as an emergency measure for reasons set forth in
the preamble hereof, the rule requiring that no Ordinance shall be finally
passed on the day of its introduction be suspended, and this Ordinance
is declared to be an emergency measure to take effect from and after its
passage and publication as set forth hereinabove.
AND IT IS SO ORDERED
Passed by the City Council this ___ 8t_h~ __ day of May , 1980.
Pass~d bcy~the City Council this 22nd d~~
MAYOR
VERIFIED
APPROVED
~· _! &ia.nie*ift1fe=i H~~IIE1,
-~ppdrpp;~ Ord. 8047i. 5/8/80 (Change .. .., r er rr1 is on fi e w/Reso 369) · i
Change_t:)!-"der_ #~ Reso 603, 9/11/80 ,
Change Order 113 -Reso 618. 9/25/80 Change Order 1/4-Reso 718, 2/:J..Z/81 ., • Change O~der No. 1
Phase No. 1 Renovation
jj.E. Water Reclamation
.v' GWO 10982
To: Anthony Mechanical Inc.
P. 0. Box 2706
. Lubbock, Texas 79408
Original Amount of the contract
Net amount this change order
Amended amount of contract
Additional t~e of completion
$408,059.00
$ 1,599.00
$409,658.00
None
of Plant No.
Plant
WHEREAS, it is desirable to make changes in the plans and specifications
for this project;
THIS ~GREEMENT 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 here~n indicated.
I
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their
hands this the 8th day of May, 1980.
Anthony Mechanical, Inc. CITY OF LUBBOCK
~~~ Mayor
ATTEST: &· · ' ) ~ ciG~' ~
" •. ·'
I I 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 C.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 , 19~
ATTEST:
ineer,
.
1
Enginee ing
APPROVED AS TO FORM:
J.
A/, A_J;M ~R, MAYOR
an~hony mechanical, inc.
mechanical contractors
p. o. box 27061525 e. 40th
lubbock, leXIIs 79408
pllone (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 ~IT) to
deliver the filter media for bid item #4. 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 ~ewport 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. #22397 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
(3) 01/15/80 -MT acceptance letter of our P.O. #22397 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 i~ewport Industries
~· . . . . .
TO: Anthony Mechanical Inc.
P.O. Box 2706 '
Lubbock, Texas . 79408
Original Amount of the Contract
Change Order Ill
Amended Amount of Contract
Original Date of Completion
Additional Time of Completion
kaended Date of Completion
I i:lli~OLUIION #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 11th day of September, 1980.
Anthony Mechanical, Inc. CI~=K . ::ER 'fll J;tj_ .
yor~ ~ ATTEST: ~.(4: t ... 7 ~ ~
Cit Secretary
.. .. ANTHO!iY MECHANICAL, INC.
City of Lubbock
August 20, 1980
Page 2
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
early April our expiditer begins checking on order status -contacts are
made by phone to Norm Berthusen
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
05/06/80 -phone co~tact to Landon -he advises they are having mold
problems and 1st shipment will be 5/30/80
05/09/80 -phone contact with Landon and Berthusen -continuing problems
with mold
05/14/80 -phone contact -no new info
05/16/80 -phone contact with Berthusen -still having problems with
mold -now 1st shipment is indefinite
05/21/80 -phone contact with Landon -mold will not work
05/30/80 -phone contact with Landon -trying to get another mold from
England
06/05/80 -phone contact with Landon -another mold coming from overseas
and schedule will be met-riT acknowledged the critical time of completion
06/11/80 -phone contact with Landon -no further info
06/13/80 -phone contact with Berthusen -no further info
06/18/80 -no further info '
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 .
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
07/02/80 -phone contact with Landon -mold is being secured from another
job -he will check on waiving approval in England
07/07/80 -phone contact with Landon -no further info
07/09/80 -phone contact with Landon and Hawkey
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
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 ~dland 07/21/80
07/18/80 -phone contact with Jack Hawkey of Texas Plastics and he gives us
production info when he gets the mold
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
07/23/80 -phone contact with Geri Todd -mold is in customs
07/25/80 -phone contact with Hawkey -he received mold at 10:00 All -will
start production Monday ·
07/30/80 -phone contact with Hawkey -will run samples for approval ...
-":. • Mo ~ ,• .
ANTHONY MECH.AiUCAL,
City of Lubbock
August 20, 1980
Page 3
INC.
(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 aD-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 resul~ 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.
Yours truly,
ANTHONY MECHANICAL, INC.
~e.~
Arthur E. Cronk
President
.AEC/vra
cc: Nass Transfer
cc: Newport Industries
.. . . . . . . ... ·"'. . . .
. ··-; "'
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,._" . ..
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
Contracto~, 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
intende~ 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 bas
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 bjr changes ordered in the work,, or by strike, lockouts, fire and
unusual delay~ by common carrier, ~~,un~voidable cause or.causes beyond th~
.. Contractqr~~control •. The Contractor may apply for extens1on 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 ~xtension 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 disagreemept ~hall be set~led as provided by
paragraph 44 -~~rein.
47. LIQUIDATED DAMAGES FOR DElAY
The Contra.ctor 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 allowc:d, the.owner t:lay permanently withhold seventy-five dollars {75.00) foz;
each working day thereafter. A working day will be considered any day, e~cept
legal holidays and Sundays, that, in the judgment of the engineer, the contractor
·is able or would be abl~ to efficiently employ more than one-half {\) of his
equipment for more than four {4) hours.
{OR)., .. ... · ..
48. RECIPROcAL RE.JARD 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 OWNER shall withhold from the CONTR.o\CTOR ''S compensation then unpaid the sum of
~--------------------~--~~--~~~~--~~~--~~--~~~~~----~Dollars ($ , \vhich 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
. ,. • • ..... ' ...
-, ,; ~
... -~
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.. .·
The Contractor further agrees that be will commence work within ten .
(10) days after the date written notice to do so shall have been given to the
Contracto~, 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 be bas submitted his proposal in full
recognition of the time required for the completion of this project and bas
considered the liquidated damage provisions of paragraph 47 herein and that he
shall not be entitled to nor will be 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, .. ~tH!.Jmavoi,:!able cause or causes beyond the
Contractor's control. The Contractor may apply for extension of time as justified
and Piovided berein1ln 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 disagreemept ~ball be set~led as provided by ·
paragraph 44_berein •
47. LIQUIDATED DAMAGES FOR DElAY.
The Contr~ctor 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 oay 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 {%) of his
equipment for more than four {4) hours.
(OR).
48. RECIPROcAL REt-lARD FOR DELo\YED 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 Timeu, as provided for in paragraph 46 hereof) ·
the Ot.JNER shall withhold from the CON~o\CTOR 1 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
.· JWF:bs
RE}OLUTION #618
/:J?ilo /~ ~~~
I
9/25/8 1
_, ~~· RESOLUTION
(' -,;
~-9 !.-;)~ BE IT RESOLVED BY THE· CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is authorized and directed to·
execute for and on behalf of the City of Lubbock Change Order No. 3 to Phase
No. 1 Renovation of Plant No. 1, S.E. Water Reclamation Plant, said change
order to be entered into with Anthony Mechanical, Inc., the contractor on said
phase of this project, a copy of which change order is attached hereto and
made a part hereof.
!Passed by the Cit~.Council this 25th day of September , 1980.
B~i«
I
RESOLUTION #618 -~/25/80 .. . ....,_ . .· .. .,
TO: Anthony Mechanical, Inc.
P.O. Box 2706
lubbock, Texas 79408
Original Amount of Contract
Change Order #1
Amended Amount of Contract
Original Date of Completion
Change Order #2 (Additional Time of Completion)
Amended Date of Completion
Change Order #3
Amended Amount of Contract
Change Order No. 3
Phase No. 1 Renovation of Plant No.
S.E. Water Reclamation Plant
G. W. 0. 10982
$ 408,059.00
1,599.00
409,658.00
September :·16, 1980
, 19 weeks
January 27. 1981
$ 1,413.00
$ 411 ,071. 00
WHEREAS, it is desirable to make changes in the plans and specifications
for this project:
THIS AGREEMENT WIJNESSETH: 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 25th day of September, 1980.
..... "\.,.-. .. •
Explanation of Change
Attachment to Change Order No. 3
Anthony Mechanical, Inc •.
G. W. 0 • 1 0982
Furnishing paint and painting two trickling filter distributors. Each
distributor has four distribution arms. The cost of painting.is based on one
coat of Tnemec coal tar epoxy top coat #A6H413 sprayed with a dry coat thick-
ness of approximately 16 mils.
Breakdown of Change
Furnishing paint and labor
10% mark-up
Total amount of C~ange Order
$ 1284.55
128.45
$ 1413.00
JWF:dh ~· RESOLUTION /1718 2/12/S·l.
Amends Reso. 0369, 12/12/79
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE C.ITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock Change Order No.
4 with Anthony Mechanical, Incorporated, for a time extension of 42 days on
contract for improvements to the Southeast Water Reclamation Plant of the City
of Lubbock.
A copy of the Change Order No. 4 is attached herewith which shall be
spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 12th day of February , 1981. ----~~~~~-----------
ATTEST:
APPd'OV. E AS TO CONTENT:
,? 1Lt / ; ' .. kA~~
Guy Will}dn, Utilities Engineer
APPROVED AS TO FORM:
TO: Anthony Mechanical, Inc.
P. 0. Box 2706
Lubbock, Texas 79408
....... · RESOLUTION #718 -2/12/8L
Amends Reso. #369 -12/12/79
Change Order No. .4
Phase No. 1 Renovation of Plant No. 1
S.E. Water Reclamation Plant
G. W. 0. 10982
Original Amount of Contract $ 408,059.00
Change Order Dl 1,599.00
Amended Amount of Contract 409,658.00
Original Date of Completion September 16, 1980
Change Order D2 {Additional Time of Completion) 19 weeks
Amended Date of Completion January 27, 1981
Change Order #3 $ 1,413.00
Amended Amount of Contract $ 411,071.00
Change Order #4 (Additional Time of Completion) 42 days
Amended Date of Completion March 10, 198i
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 12th day of February, 1981.
Anthony Mechanic~'~
By~~~
/
ATTEST: