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Home My WebLink About06038 ORD - 01/18/1961AH:1 -18 -61 AN ORDINANCE RECEIVING AND ACCEPTING THE REHABILITATION OF GAS MAINS AND SERVICES IN THE DEL MAR AREA AS PERFORMED BY W. R. COOK AIR CONDITIONING COM- PANY UNDER THEIR CONTRACT WITH THE CITY DATED JULY 5, 1960, AUTHORIZED BY ORDINANCE NO. 5794; AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO. 5, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED DECEMBER 21, 1960, IN THE AMOUNT OF $3,133.23, REPRESENTING THE BALANCE DUE THE CONTRACTOR AFTER DEDUCTION OF $225.00 FOR LIQUIDATED DAMAGES (5 DAYS ® $45.00 PER DAY) FOR FAILURE TO COMPLETE PROJECT WITHIN THE 60 DAYS SPECIFIED; SAID FINAL PAYMENT TO BE MADE FROM NO. 200 GAS BOND FUNDS PREVIOUSLY APPROPRIATED FOR THIS PROJECT, NO. 200 - 53-41; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: • SECTION 1. THAT THE REHABILITATION OF GAS MAINS AND SERVICES IN THE DEL MAR AREA AS PERFORMED BY W. R. COOK AIR CONDITIONING COMPANY UNDER THEIR CONTRACT WITH THE CITY DATED JULY 5, 1960, AS AUTHORIZED BY ORDINANCE NO. 5794, HAVING BEEN PERFORMED AND COMPLETED IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE CONTRACT, PLANS AND SPECIFICATIONS THEREIN CONTAINED, EXCEPT AS HEREINAFTER SET FORTH, AND THE DIRECTOR OF PUBLIC WORKS HAVING INSPECTED THE SAME AND CERTIFIED TO THE COMPLETION OF SAID WORK IN ACCORDANCE WITH SAID PLANS AND SPECIFICATIONS, EXCEPT AS HEREINAFTER SET FORTH, THE WORK AFORESAID I5 HEREBY FOUND TO HAVE BEEN COMPLETED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS AND IS HERE AND NOW ACCEPTED AND RECEIVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 2. THAT FINAL PAYMENT DUE UNDER THE CONTRACT AND AS SET OUT IN THE FINAL ESTIMATE ATTACHED HERETO AND MADE A PART HEREOF, PREPARED BY THE DIRECTOR OF PUBLIC WORKS, DATED DECEMBER 21, 1960, IN THE AMOUNT OF $3,133.23, REPRESENTING THE BALANCE DUE THE CONTRACTOR AFTER DEDUCTION OF $223.00 FOR LIQUIDATED DAMAGES (5 DAYS ® $45.00 PER DAY) FOR FAILURE TO COMPLETE PROJECT WITHIN THE 60 DAYS SPECIFIED, FROM No. 200 GAS BOND FUNDS PREVIOUSLY APPROPRIATED FOR THIS PROJECT, NO. 200 - 53-41, 15 HEREBY AUTHORIZED. 6038 41, • ti SECTION 3. THAT THE NECESSITY FOR COMPLETION OF SUCH WORK BY SAID ACCEPTANCE AND FINAL PAYMENT IMMEDIATELY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS 'i; GE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS ATTEST: l Y CITY ECRETARY , 1961. DAY OF MAYOR THE CITY OF TI, TEXAS APPROVED AS TO p GAL FORM THIS /6 DAY OF . 1 , 1961: CITY ATTORNE CITY OF CORPUS I5HRISTI, TEXAS DEPARTMENT OF PTJBLIC WORKS — ENGINEERING & CONSTRUCTION'DIVISION CONTRACT MONTHLY ESTIMATE PM 2 FORM 6 RESP rrramenI0N or GAS MAINS $i MUMS - Da MAR. 'O0.53. 1 Project Contractor: iJ +. R. Cook Air' Condition1ng C P. 0. Pox 1223, Curpus (Uriati, Tease Est. No 5 and Final Date 12 -214° Sheet 1- of 1 Item Item Description mXnit 1. 4" U.S. Pipe Mains 2. 2" Ulrapped Steel Mains 3. 1" Wrapped Steel Services Contract :lmcatnt -: $26, 714.60 LUVIDATED iiil04AM S: 18 days a $45.00 - 0010.00 Contact Wm 60 Working Days' Time Used s 78 Working Dap Proj: 74. . Quantities 1,268' 12,600' 6,266' Total Work Done on Cont. Contract Unit Price Amount 1,256.o, 12,562.8' 5464.0f 1.60 1.4Q 1.10 1,884.00 17,587'42 6,03.0.4o Approved. City Manager OOTBON PAENTINO cum, aG•O.eea 'NO. 9007. Date Total Work Done -32 Liquidated Damages 2 1i.E gi Retained 61000 z Amount Payable 241,672.32 Previous Payments 22,124.09 li3a,Z,3 Due This Estimate 2'53_,- Estimate Checked��: fate • Public Works S. W. 14ita,ye City Manager Jack M. 'fit„ Director of Public Works 16 Japan :1961 Acceptance and Final Payment -- Del Mar Gas Lisa (ft* jest NO. 49.5340 1, Further refereame le made to our memorandum of above subject dated It da m x 1961. In the previous memoramium are recommended retentioe of liquidated daragaa In idsb e>>teat»t ct t920 for 711 UP Over= tt *$ per da'r. 1 have discussed this matter since that time at ltngte with Mr. W. H. CoOk. Contractor, and have reviewed with elates time charges leads tercogbaut the Job. 2. Our wort order directed the contractor to start work on whew* 18 duly 1960 and to a opiate within t3O days from &Gd alter 28 duly. The con - tractarr emtually began some clearing work ion 3 duly on the assumption that he would note* caged for this preliminary work. Paragraph 0 7.9 of the specifications provides that working dtya shall be counted. beginning with the lOth calendar day after the date of the written autbosfizatiob to 'twain work cc mace earlier data em werrk,otbar° than the delivery or materials, le actually commenced. Technically. therefore, we are fight in abasing time beglseuing ois 8 duly i960. Due to the aisunderatanding, Tam willing to recommit weiaing time charges or 8 days between 8 July maxi 18 July. 3. The contractor further claim he did not issitieclly u. deretarid. that work could be performed an Saturdays. Time sheets indicate that he wa charged for 2 Saturdays in August tad 3 baturda s in September although no work seas performed except on the morning of tine 3rd Saturday' it Member. are have since altered our epetcillcatio a to o ariry tba questioner Saturday work Bard 1 wowed theret`azs nomad crediting the contraotar with h. days pre- viously charged for 3atusday work. 4. In the ionise of October tlec sheets *how that it vac either raining or the ground sae too vet beginning oo 16 October through the tad of the monthl however,-cu day wee Charged on 22 October attar the contractor Wa beau shut down for over a week. 1 eaa Aare that ground =Micas did not gaerait full progress to be made during this one day and I would therefore recne- mend that cnndy one-halt day he charged. 5. In etmmary, this waulO reduce tbs-ovorrun in time from 18 daps to $ days and vt d result in liquidated damages of 420 lnateeld of the previown7 recmaeaded 310. Mr. Cook. while bopeiltl of eeeirae that all time charges Could be wad, has *greed that this le a fair settlement /ugh* 1e willing to accept it ea final.. atm M. GRAM Director of Public Works Jil4aer TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI; TEXAS • CORPUS CHRISTI, TEXAS /IDA Y O F p 19 4 r FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I� THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON TOE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY: MAYOR THE CITY ( ORPUS CIt4STI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE EL.ROY KING JAMES L. BARNARD MRS. -RAY AIRNEART JOSEPH B. DUNN PATRICK •J. DUNNE R. -A. HUMBLE - GABE- LOEANOOR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO ELLROY KING• JAMES L. BARNARD MRS. -RAY AIRNEART JOSEPH-B. DUNN PATRICK J. DUNNE FOLLOWING VOTES R. A. HUMBLE - GABE LORANO, SR.