HomeMy WebLinkAbout14380 ORD - 07/12/1978jkh:7- 11 -78; 1st
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL RELEASE
ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH BURTEX
CONSTRUCTORS, INC., PERTAINING TO CONSTRUCTION OF THE
CALALLEN SANITARY SEWER TRUNK LINE EXTENSION NO. 34 -A,
SECTION 3, FROM UP RIVER ROAD TO SHARPSBURG ROAD, AND
TO EXECUTE CHANGE ORDER NO. 5 TO THE CONTRACT WITH
BURTEX CONSTRUCTORS, INC., IN THE AMOUNT OF $90,363.80
TO REFLECT NEGOTIATED ADDITIONS, A SUBSTANTIAL COPY OF
SAID MUTUAL RELEASE AND A SUBSTANTIAL COPY OF SAID CHANGE
ORDER BEING ATTACHED HERETO AS EXHIBITS "A" AND "B ", AND
MADE A PART HEREOF; APPROPRIATING $86,605.42 OUT OF THE
NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO THE CALALLEN
TRUNK LINE EXTENSION; AND AUTHORIZING PAYMENT OF $146,268.30
TO BURTEX CONSTRUCTORS, INC., REPRESENTING FINAL PAYMENT
FOR WORK PERFORMED ON THE AFORESAID CONTRACT; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute a Mutual Release on behalf of the City of Corpus Christi with
Burtex Constructors, Inc., pertaining to construction of the Calallen
Sanitary Sewer Trunk Line Extension No. 34 -A, Section 3, from UpRiver
Road to Sharpsburg Road, and to Execute Change Order No. 5 to the contract
with Burtex Constructors, Inc., in the amount of $90,363.80 to reflect
negotiated additions, a substantial copy of the said Mutual Release and a
substantial copy of said Change Order being attached hereto and made a
part hereof, marked respectively, Exhibits "A" and "B"
SECTION 2. That there is hereby appropriated out of the No. 250
Sanitary Sewer Bond Fund the sum of $86,605.42 applicable to the construc-
tion of the Calallen Trunk Line Extension.
SECTION 3. That authorization is hereby given for payment of
$146,268.30 to Burtex Constructors, Inc., representing final payment for
work performed on the aforesaid contract.
SECTION 4. That the necessity to execute the aforesaid Mutual
Release and the Change Order, and to appropriate the sums hereinabove
set forth in order that the construction project may be completed creates
a public emergency and an imperative public necessity requiring the suspen-
sion of the Charter rule that no ordinance or resolution shall be passed
finally on the date of its introduction but that hsnch pj( a c@ or resolution
'JUL 0 8198Q
14380
shall be read at three several meetings of the City Council, and the Mayor
having declared such emergency and necessity to exist, and having requested
the suspension of the Charter rule and that this ordinance be passed finally
on the date of its introduction and take effect and be in full force and
effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this
the 19— day of July, 1978.
ATTEST: 6W
A�--z Ci ty/'Secre afy — MAYOR
THE Cid OF CORP HRISTI, TEXAS
APPROVED:
DAY OF JULY, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Pr ttorney
BURTEX
MUTUAL RELEASE
WHEREAS, by Ordinance No. 12371 dated November 27; 1974, the City
Council of the City of Corpus Christi did authorize execution of a contract
with Burtex Constructors, Incorporated, for the construction and completion
of certain improvements described as:
Interceptor Sewer 34 -A, Section 3, in UpRiver Road
between Hart Road and Sharpsburg Road, consisting
of gravity sewers, force main, a lift station, and
appurtenances at the locations set out by the plans
and specifications
in consideration of the sum of $310,534.40, which contract was executed that
same date; and
WHEREAS, the completion of the eleven hundred foot segment of the
line from Sta. 66+19+ to Sta. 77+00 in UpRiver Road has given rise to a
serious dispute between the City of Corpus Christi and said contractor as
to liability for excess costs, liquidated damages for delay and fulfilling
of specifications; and
WHEREAS, the City of Corpus Christi and Burtex Constructors,
Incorporated,have agreed upon a full and final settlementand compromise
of all claims, disputes, liabilities and causes of action arising out of
the performance of such contract;
NOW, THEREFORE, in consideration of these terms, the City and Burtex
hereby release each other and consulting engineers, McCaughan and Etheridge,
from any other or further liability, claim, demand, or cause of action grow-
ing out of said contract and the construction and completion of the above
described improvements except as stated herein:
1. Burtex will finish the lift station and make all portions
of the lift station operable to the satisfaction of the
engineers.
2. Burtex will complete all site work related to the project
except the road from the lift station to Sharpsburg Road.
3. Burtex will clean up and fill all roadside ditches to the
satisfaction of the engineers as well as all private property
that has been used or damaged during construction.
4. City of Corpus Christi will accept the project as is upon
completion of above items.
S. City of Corpus Christi will complete necessary paving and base
work in UpRiver Road from the lift station to Sharpsburg Road
and similar work in Sharpsburg Road, with City forces, to
include grading ditches in both roads.
6. City of Corpus Christi will pay Burtex Constructors, Incorpo-
rated, a total of $146,268.30 in addition to funds previously
paid for work performed, for a total project cost of $418,621.30.
A minimum of $125,000.00 of said $146,268.30 will be paid to
Burtex within 10 days of approval of this instrument.
7. City of Corpus Christi and Burtex Constructors, Incorporated,
will execute the necessary change order to the contract to
effect above changes, said change order being change order #5.
Signed this day of
CONTRACTOR
BURTEX CONSTRUCTORS, INCORPORATED
By
Title
Address
If Corporation:
ATTEST:
Seal Below
1978.
CITY OF CORPUS CHRISTI
By
City Manager
ATTEST:
City Secretary
APPROVED AS TO LEGAL FORM:
J. Bruce Aycock, City Attorney
City Attorn
APPROVED:
Director of Finance
CHARGE ORDER,
Engineering and Physical Development
City of Corpus Christi, Texas
I
Change Order No. 5
Operating Department Public Utilities
Name of Project Interceptor Sewer 34 -A Section 3
Contractor Burtex Constructors
Project No. 250 -72 -5
Date July 5, 1978
CHANGE ADD
The City and Contractor herewith agree to the completion and acceptance of the
contract per the terms of the attached "MUTUAL RELEASE" instrument which
provides for additional compensation to the Contractor in the amount of $90,363.80.
At this time Contractor will complete /provide the following items of work:
A. Contractor will complete lift station and force main per project
specifications.
B. Contractor to complete all site work on project except Up River &
Sharpsburg Road paving and shoulder restoration and lift station paving.
C. Contractor to clean up and fill all roadside ditches on the project.
D. Contractor to clean up all private property used or damages.
The City will:
A. .Construct pavement and base and restore shoulders on Up River Road &
Sharpsburg Road west of the lift station and repair lift station paving.
B. Allow a full credit for liquidated damages.
C. Pay the Contractor the additional sum of $90,363.80. $90,363.80
Why was this change necessary? (If left off the plans and specifications, explain why.)
This change order is the result of a negotiated agreement for-the purpose of bringing
the project to completion.
How can similar changes be avoided in the future?
Contract Price $328,257.50
This Change Order 90,363.80
New Contract Price $418,621.30
Funds Available
CITY OF CORPUS CHRISTI, TEXAS
By
Director of Engineering & Physical Development
APPROVED City Manager
City Attorney.
Construction Engineer
CONTRACTOR
By
Title
SEWER 34 -A, SECTION 3
Preliminary check list of work to be completed by Contractor prior to
acceptance.
Section of sewer from Magee Lane to Sharpsburg Road.
1. General Clean up including: removal of well points; filling of
trenches and removal of excess dirt; removal of pipe and piles
of concrete; filling of roadside ditches; clean up of area across
private easement; and remove any plugs that may be in the line.
2. Bring tops of manholes up to grade. (Either before or after City
Paving work - City's option.)
Lift Station
1. General clean up of area around lift station.
2. Spread excess dirt around lift station and wet well and grade to drain.
3. Repair pavement at lift station (by City).
4. Repair broken windows and screens.
5. Repair or replace outside lights.
6. Repair entrance door latch.
7. Some stair and dry pit lights not working, check and remedy as
required.
8. Sump pump not operating (may be too much head on pump) check and
repair as necessary for proper operation.
9. Install and regulate pump level controls and float.
10. Tighten pipe hangers in dry well.
11. Tighten stair handrail that is loose.
12. Roof fan for dry well ventilation did not appear to be operating.
Check and repair as required.
13. Install wet well gravity ventilator and pipe.
14. Underside of wet well roof slab liner should be tested and repaired
as necessary as outlined in paragraph D -14 -4 of specifications. To
Consultant's knowledge this has not been done.
15. Remove plug in the 8" force main at Up River Road, then operate
pumps (only one at a time) to pump down wet well and sewer line.
16. Maintain barricades until City is ready to take over for the street
work.
17. Have C.P. & L. slacken service line to lift station.
c
Recommended: / —c
McCaughan, Et]
K. LontosL/P:E,, Director
ering & Physical Development
SANITARY SEWER 34 -A SECTION 3
Analysis of project costs relating to MUTUAL RELEASE
Original Contract ........................... ...$310,534.50
Bid Price of Pipe in Controversy .......................
- 35,049.20
Sub - Total..... 275,485.30
Contractor's Cost of New Line .......................... 294.041.00
Sub - Total..... 569 526.30
Less Contractor Owned Equipment /Overhead ............... - 64,710.00
Less Liquidated Damages ............... Sub - Total..... 504,816.30
......
••••••••• - -. - 44,500.00
Less Up River Road Work By .
City Forces ............... 460,316.30
•• -... - 36,660.00
Sub
Less Sharpsburg Road Work By City Forces .....-Total..... 423,656.30
.......... - 5,035.00
Less Payment To Date......... ........................ ..- 272;353,00
Additional To Be Paid Contractor ... ....................$146,268.30
FINAL CHANGE ORDER STATISTICS
Original Contract ...................................... $310 ,534.50
Change Order No. 1 (Fence) ...........
*Change Order No. 2 Manhole .................... .................. - 2.277.00
*Change Order No. 3 (Stabilization) 1,824.00
Change Order No. 4 (Construction Methods ............. 18,176.00
••••••.• . 0.00
Present Contract A
Amount ................................ $328,257.50
( $20 ' p
000.00 appropriated for both these change-
orders).
Paid To Date ...............
........ ....................
Additional Payment
146,268.30
Less Present Contract........ Sub - Total..... 418,621.30
.......................... 328,257.50
Value Change Order No. 5............................... 1—
$ 90,363.80
r
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
July 5, 1978
I certify to-the City Council that $ 86,605.42 the amount required
for the contract, agreement, obligation or expenditures contemplated in the
b
above and foregoing ordinance is in the Treasury of the City of Corpus Christi
to the credit of:
Fund No. and Name 250 Sanitary Sewer Bond Fund
Project No. 250 -72 -5
Project Name Calallen Trunk Line Extension -
Upriver Road to Sharpsburg Road
from which it is proposed to be drawn, and such money is not appropriated for
any other purpose.
Director of Finan
FIN 2 -55
/ Revised 7/31/69
Corpus Christi, Texas
A& --day of 19 \Ll
TO THE MEMBERS OF THE CITY COUNCIL
Corpus'Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance,
a public emergency and imperative necessity exist for the suspension of the
Charter rule or requirement that no ordinance or resolution 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, request
that you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
Respectfully,
THE CITY OF CO�p CHRISTI, TEXAS
The Charter Rule was suspended by the following vote:
Gabe Lozano, Sr. �.
Bob Gulley 0�
David Diaz C�uuEJ
'Ruth Gill
Joe Holt
Tony Juarez, Jr. Q�
Edward L. Sample
The above ordinance -was passed by the following vote:
Gabe Lozano, Sr. cKtj--��'
Bob Gulley�-
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr. _ OWE/
Edward L. Sample o' i) Q
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