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SS9402C-AG 960514 REQUEST FORM CITY COUNCIL MEETING: Ma~,1996 ITEM # ITEM CAPTION: /! ~ Approval of Change Order #1 for lhe Bethel Road Sanitary Sewer Project' (SS 9~02C) to Pate Brothers Co~ Company authorizing the Mayor to sign. SUB~D BY: Kenneth M. TITLE: Assistant STAFF COMMENTS: See attached memo. STAFF RECO~~A~ON EXPLANATION: Staff will be available to answer any P.E. I~ITIALS ~ at the Council meeting. BUD(~ET AMT. $ FINANCIAL COMMENTS: FINANCIAL REVIEW: Agenda Request Form - Revised 1/94 EST.$ +/- BUD:$ CITY MANAGER REVIEW: Document Name eng.02 From: MEMORANDUM Mayor and City Council Kenneth M. Griff'm, P.E., ACM/City Engineer Approval of Change Order #1 for the Bethel Road Sanitary Sewer Project (SS 94-02C) in the amount of $142,775.89 to Pate Brothers Construction and authorizing the Mayor to sign. Date: May 7, 1 For approximately eight Engineering Finn of HDR Parkway west to the Bulk design had approximately a City was unable to take the of the last 3,200 feet of this se' the easement on the Bulk service. now the City of Coppell has been negotiating with the a resolution to the sewer line design in Bethel Road from Freeport Facility Lift Station. Council may be aware that the original foot error and by constructing the sewer line as designed, the Postal Facility Lift Station out of service. Obviously, the goal line was to remove that lift station. The City also acquired Facility under the pretense of taking the lift station out of Various alternatives have been attempted to limit their a resolution on this issue, the City contract directly with a separate the City's contractor, Pate Brothers a flatter grade. The original design was for a 15 inch sewer line. There was installed approximately 475 feet of sewer worked, then Pate Brothers would have had relay it at a different grade to make sure However, the sewer line design did not the 970 feet and relayed it, HDR would have a 15 inch sewer line. It is my contention Coppell and regardless of what Pate Brothers install the line flat, as they did, HDR would Freeway and enlarge it to a 15 inch sewer line. by HDR, however, in each alternative HDR has approximately $100,000. To assist HDR in coming to Coppell offered HDR the opportunity to negotiate and to remove the sewer line that had been installed by Company and reinstall a larger sewer line on a 10 inch sewer line and the proposed design is now discrepancy over the fact that Pate Brothers had flat and that if the original design would have remove approximately 970 feet of sewer line and there was positive flow in the sewer line. as such, even if Pate Brothers had removed to come back and remove it and replace it with HDR provided a faulty design to the City of have done i.e., install the line on grade or had to remove the line all the way back to HDR's position is that the City should direct Pate this 970 foot area and relay it as a 15 inch line advantage of that and then only pay the difference inch. It should be noted that there are no bid items and the City would have to negotiate the price with Pate President of Pate Brothers stated that if he was would do so as a 10 inch line on the grade proposed by to remove the 10 inch line through a different grade so that HDR can take cost between the 10 inch and the 15 project for a 15 inch sewer line pipe When questioned, the Vice- remove and relay the 970 feet he the original design. Obviously, by taking that approach, the entire 970 feet would have to be removed a second time and relayed as a 15 inch sewer line. It appears at this point because of HDR's reluctance to exceed a self imposed $100,000 limit and the City of Coppell's inability to exceed $15,000 under State Purchasing Guidelines without bidding, that this project is at an impasse. Therefore, the position taken by the City of Coppell is to cease negotiations with the Firm of HDR, remove the 10 inch line that was erroneously designed, relay a 15 inch line and then seek remedy from HDR in court to recoup the City's cost. Based on the above facts, staff recommends the approval of Change #1 to Pate Brothers in the amount of $142,775.89 and will be available to answer any questions at the Council meeting. C i The City With A Beautiful Future 0 AGENDA REQUEST FORM CITY COUNCIL MEETING: May 14, 1996 ITEM # ITEM CAPTION: Approval of Change Order#1 for the Bethel Road Sanitary Sewer Project (SS 94-02C) to Pate Brothers Construction Company and authorizing the Mayor to sign. SUBMITTETED BY: Kenneth M. Griffin, P.E. TITLE: Assistant City Manager/City Engineer INITIALS STAFF COMMENTS: See attached memo. STAFF RECOMMENDATION Approval X Denial EXPLANATION: Staff will be available to answer any questions at the Council meeting. BUDGET AMT.$ AMT. EST.$ +/— BUD:$ FINANCIAL COMMENTS: FINANCIAL REVIEW: CITY MANAGER REVIEW: Agenda Request Form-Revised 1/94 Document Name eng.02 MEMORANDUM To: Mayor and City Council From: Kenneth M. Griffin, P.E., ACM/City Engineer RE: Approval of Change Order #1 for the Bethel Road Sanitary Sewer Project (SS 94-02C) in the amount of $142,775.89 to Pate Brothers Construction Company and authorizing the Mayor to sign. Date: May 7, 1996 For approximately eight weeks now the City of Coppell has been negotiating with the Engineering Finn of HDR on a resolution to the sewer line design in Bethel Road from Freeport Parkway west to the Bulk Postal Facility Lift Station. Council may be aware that the original design had approximately a two foot error and by constructing the sewer line as designed, the City was unable to take the Bulk Postal Facility Lift Station out of service. Obviously, the goal of the last 3,200 feet of this sewer line was to remove that lift station. The City also acquired the easement on the Bulk Postal Facility under the pretense of taking the lift station out of service. Various alternatives have been submitted by HDR, however, in each alternative HDR has attempted to limit their responsibility to approximately $100,000. To assist HDR in coming to a resolution on this issue, the City of Coppell offered HDR the opportunity to negotiate and contract directly with a separate contractor to remove the sewer line that had been installed by the City's contractor, Pate Brothers Construction Company and reinstall a larger sewer line on a flatter grade. The original design was for a 10 inch sewer line and the proposed design is now for a 15 inch sewer line. There was some discrepancy over the fact that Pate Brothers had installed approximately 475 feet of sewer line flat and that if the original design would have worked, then Pate Brothers would have had to remove approximately 970 feet of sewer line and relay it at a different grade to make sure that there was positive flow in the sewer line. However, the sewer line design did not work and as such, even if Pate Brothers had removed the 970 feet and relayed it, HDR would have had to come back and remove it and replace it with a 15 inch sewer line. It is my contention that HDR provided a faulty design to the City of Coppell and regardless of what Pate Brothers would have done i.e., install the line on grade or install the line flat, as they did, HDR would have had to remove the line all the way back to Freeway and enlarge it to a 15 inch sewer line. HDR's position is that the City should direct Pate Brothers to remove the 10 inch line through this 970 foot area and relay it as a 15 inch line on a different grade so that HDR can take advantage of that and then only pay the difference of the cost between the 10 inch and the 15 inch. It should be noted that there are no bid items on this project for a 15 inch sewer line pipe and the City would have to negotiate the price with Pate Brothers. When questioned, the Vice- President of Pate Brothers stated that if he was required to remove and relay the 970 feet he would do so as a 10 inch line on the grade proposed by HDR in the original design. Obviously, by taking that approach, the entire 970 feet would have to be removed a second time and relayed as a 15 inch sewer line. It appears at this point because of HDR's reluctance to exceed a self imposed $100,000 limit and the City of Coppell's inability to exceed $15,000 under State Purchasing Guidelines without bidding, that this project is at an impasse. Therefore, the position taken by the City of Coppell is to cease negotiations with the Firm of HDR, remove the 10 inch line that was erroneously designed, relay a 15 inch line and then seek remedy from HDR in court to recoup the City's cost. Based on the above facts, staff recommends the approval of Change #1 to Pate Brothers in the amount of $142,775.89 and will be available to answer any questions at the Council meeting.