HomeMy WebLinkAboutORD 872 Finding and Prerequiste to Contract for Construction of Storm Sewers
o
D
"225
.
ORDINANCE NUMBER 872
AN ORDINANCE FINDING AND DETERMINING THAT ALL PROCEEDINGS HAVE
HERETOFoRE BEEN HAD AND ALL THINGS DONE PREREQUISITE TO THE
EXECUTION OF THE CONTRACT FOR THE 'CONSTRUCTION, OF-STORM SEWERS
ON PORTIONS OF -COMMUNITY 'DRIVE, SUNSET STREET, RUSKIN,STREET,
WEST POINT AVENUE, BELLAIRE BOULEVARD, BYRON AND AMHERST STREETS,
AND FOR THE PAVING AND IMPROVING OF CERTAIN PORTIONS OF:, ,
SUNSET STREET IN THE 43.00 AND 4200 BWCKS THEREOF;
NORTHWESTERN STREET IN THE 3800 BWCK THEREOF;
::'/ BRtlWNING STREET IN THE' 3900 BWCK THEREOF;
COMMUNITY DRIVE IN THE 5900 THROUGH 6700 BWCKS THEREOF;
MILTON STREET IN THE 4200 BWCK THEREOF;
COLLEGE AVENUE' IN THE 63.00 BWCK THEREOF;
,BYRON STREET IN THE 3900 BWCK THEREOF;
OBERLIN STREET IN THE 4000 BWCKTHEREOF;
RILEY STREET IN THE 43.00 BWCKTHEREOF;
RUSKIN STREET IN THE 40009143.00004200 BWCKSTHEREOF;
CASON STREET IN THE 41.00 HOOCK THEREOF;
APPROVING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE ENGINEER-
ON BIDS RECEIVED FOR THE CONSTRUCTION OF STORM SEWERS -AND THE PAVING
AND IMPROVING OF PORTIONS OF SAID STREETS ; ACCEPTING THE BID OF
WALTERM. MISCHER COMPANY AS THE IDWEST~SECUREBID OF THE IDWEST
RESPONSIBLE' BIDDER; FINDING AND DETERMINING THAT IT IS NOT PRAC-,
TICAL TO ,PROCEED WITH THE CONSTRUCTION OF THE STORM SEWER RELIEF
SYSTEM ON RUSKIN STREET, WEST POINT AVENUE ANDBELLAIRE BOULEVARD,
AND THAT IT IS NOT PRACTICAL TO PROCEED WITH THE IMPROVEMENTS IN
,THE 43.00 BIDCKS OF RUSKIN AND CASON STREETS, CONSTITUTING SEC-
TIONS 3.5, 16 AND 3.8 AS HERETOFORE PROvIDED FOR, AND AUTHORIZING
AND APPROVING CHANGES IN THE PLANS, ,METHODS AND CONTRACT 'DOCUMENTS
DELETING AND ABANDONING SAID PORTIONS OF SAID STORM SEWER RELIEF
SYSTEM AND STREET PAVING IMPROVEMENTS WITH THE CONSENT AND APPROVAL
OF SAIDWALTERM. MISCHER COMPANY; AND AWARDING TO IT THE CONTRACT
FOR'THE CONSTRUCTION'OF-THE REMAINDER OF.SAID-STORM'SEWERS'AND
'FOR PAVING AND IMPROVING OF THE REMAINING PORTIONS OF SAID,STREETS;
APPROVING AND ACCEPTING AND AUTHORIZING THE APPROVAL AND ACCEP-
TANCE OF THE PERFORMANCE BOND AND MAINTENANCE BOND IN CONNECTION
WITH SAID IMPROVEMENTS; FINDING THAT SAID CONTRACTOR HAS PROPERLY
EXECUTED A CONTRACT FOR THE IMPROVEMENTS ORDERED, AND AMENIlmiTS
AND ADDENDA THERETO; APPROVING SAID CONTRACT AS SO AMENDED, AND
AUTHORIZING AND DIRECTING THE EXECUTION THEREOF BY THE MAYOR AND
CITY' SECRETARY -ON- BEHALF OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS; AND DECLARING AN EMERGENCY .
WHEREAS, the City Commission of the City of West University P3.ace,
Texas has heretofore by Ordinance number 867,du3.y and regul.a.rly passed and
approved on June 3.3, 1966, determined the necessity for and ordered the perma-
nent improvement of certain portions of certain streets in the City of West
University P3.ace, Texas; in accordance with plans and specifications prepared
~-
~"
~
~
",,"'lL.lI.i.LI:
_J!lmllll'l I. .~
I .1
III 1:1
~'2"2'6
by Lockwood, Andrews and Newnam, Inc., consulting engineers, and presented to
the City Commission by the City Engineer, and approved by the City Commission;
and
o
I
WHEREAS, pursuant to advertisement,~or bids made in full compliance
with all requirements of Law and the Charter and Ordinances of the , City. of '
West University Place, Texas, sealed bids, were duly and legally received upon
the date and at the time stated in. said,advertisIIl~nt therefor, and having been
duly and legally received, publicly opened and read aloud in a public meeting
of the:eity Commission of the City of West University Place, Texas, were
referred to the City Engineer for tabulation, report and recommendation; and
WHEREAS, it appears from the tabulation, report and recommendation of
Tom I. Jones, City Engineer, which report and recommendation are hereby approved
and adopted, that Walter M. Mischer Company is the lo,!est ,resp'<>nsible bidder
and that its bid aggregating $349,755.07 and being $195,924.99 for street
improvements and $153,830.08 for storm sewer construction, is the lowest secure
bid received for all of such improvements; and that the Engineer has recom-
mended the deletion of portions of said ,storm sewers and of portions of said
street paving improvements on .Ruskin ~nd Cason Streets, and has estimated the
City's part of the cost of paving and improv~ment of the respective segregated
portions of said streets, and of said storm sewers, after said recommended
deletions; and
WHEREAS, said Walter M. Mischer Company has consented to, and
approved the deletions as so recommended by the City Engineer and has executed
and filed good and sufficient performance and maintenance bonQ.s with proper O,i
surety, as.required by the City Charter, and has duly and rggularly executed
a contract with amen~ents and addenda thereto, for the performance of the
work of constructing the remainder of said storm sewer and f'or the paving and
improving of' the remaining portions of said streets, providing, among other
things, for con~rete with bar reinforcement as heretofore determined upon by
the City Commission, and is entitled to a contract from the City of West
University Place, Texas, therefor; and
WHEREAS, pursuant to certificate by the City Treasurer duly and legally
made as to the availability of funds, the City Commission has heretofore by
ordinance auly and lega~ passed, made apprpriation from the funds available
therefor in the City Treasury to pay the city's part of the cost of said
storm sewer and of paving and improving said portions of said streets.
NOW; THEREFORE, BE IT ORDAINED BY. THE CITY COMMISSION OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the City Commission of the City of West University
Place, Texas, does hereby find and det,ermine that each of the steps and pro-
ceedings have been duly and legally taken and performed, as hereinabove men-
tioned, in full compliance with the Law and Charter and Ordinances of the City
of West University Place, Texas, and that1all provisions and requirements of
the Law and of said Charter and Ordinances prerequisite,to the letting and
execution of' a valid contract for the' construction of storm sewers and 'for
the street improvements on said respective Sections 1 througn18, as herein
mentioned, have been met and fully complied with.
mil
) I
!
i
TI;I'I
;.t
: I
Section 2. That the report and recmmmendation of Tom I. Jones, City
Engineer for the City of West University Place, Texas, on the bids received
July 7, 1966 for the construction of storm sewers and for the paving and
improving of the hereinafter stated portions ,of the streets named is hereby :it
again approved and adopted.
Section :1. ' Th~t th~ lowel:lt secure bid received for, the construction
of said storm sewers and for the paving and improving of those portions of
the streets hereinafter named and witbin the limits stated is the sum. of
$349,755.07 submitted by Walter M. Mischer Company, which is hereby again
found and determined.to be the lowest responsible bidder on said improvements,
and said ,bid. is hereby again accepted.
Section 4. . That the City 'Commission of the(;City of West University
Place, Texas does hereby find and determine that it is not practical to pro-
ceedwith the construction of the storm sewer relief, system along Ruskin
Street, West Point Avenue and Bellaire Boulevard, and that it is not practical
to procee,d with the street paving' and improvemeilts in ihe 4100 blocks of
Ruskin and Cason Streets, constituting Sections 14, 16 and',18, as heretofore
provided, and that Walter M. Mischer Company has consented to and approved
the.deletion.and abaondoning of said portions of said storm sewer relief
system and of said port,ions of said street paving improvements; and the
resuitaht bid of the said Walter M. Mischer Company for the remainder of said
storm sewer construction and for the paving and improvement of the remaining
portions of said streets is the aggregate sum of $22l,170.54~. and being
$179,240.94 for street paving improvements and $41,929.60 ,for storm sewer
i' construction, which is hereby found and determined to be the ,lowest secure bid
:1: received for all of, said improvements submitt,ed by the lowest responsible
", bidder on said improvements, and said bid is hereby accepted.
o
to wit:
Section I). That those portions of the work heretofore provided for,
A. The relief storm sewer system along Ruskin Street,
West Point Avenue and Bellaire Boulevard; and
B. The paving and improving of those portions of
Ruskin Street and Cason Streets constituting;
Section 15. Ruskin,'Street from the east line of
West Point Avenue to the west line of Fairhaven Street.
Section ;1.6. Ruskin, Street from the east line of
Fairhaven Street to the west line ,of Academy Street.
Section 18. Cason Street from the east line of
Fairhaven Street to the west line of Academy Street.
should be, and they are hereby, deleted from the work heretofore ordered per-
formed, to the same effect'ap.d extent as though said portions, of said work had
never constituted any parts or portions of the work as originally contemplated,
and constituting the subject of these I>roceedingf/; and the changes in the plans,
; 2'2:7
.1J.llllIII<J j.,
.';
III Iii
.'\920
'." 0
methods and contract documents ,are. hereby. authorized. and approved, deleting
said portions of said storm sewer .relief system and of. said portions of said 0
street paving improvements; as amendments and addenda to the contract, with the
consent and approval of said WalterM. Mischer Company.
Section 6. That the contract, with the approved amendments and,
addenda thereto, for. the. construction of storm sewers along Connnunity Drive
and Sunset Street,.and for the construction of the 'relief 'stormsewers on
Byron and Amherst. Streets, "and ,for the paving and- improving of:
/.
" . Section 1..' Sunset.' Street, from. the~ east. line of Connnunity
Drive to the west line of Academy Street, excluding that
part of Sunset Street between the east and west right-of-
way lines. of Fairmount Stree~.
_ : f -" .}
Section 2. Northwester.n Street from the east line of College
Avenue,east 467.2 feet to the dead end, and Browning Street
from the east'li:ne'ofWeslayan Avenue to the west line of
College Avenue.;
~-f >:~ ", ~. :
-1
Section 3" ,West one-half of Connnunity Drive from~the ~outh
line of Bissonnet Avenue to the north line of Amherst Street.
~ .
SectionJ4,. .East one-half of Connnunity Drive from the south
. line . of '. Bissonnet ~Avenue to, the north line' of Amherst Street,
excluding that east one-half portion of' Connnunity Drive which
lie.s between. the north and south right-of-way1.ines'.of. Tennyson
Street, Rice Boule:vard.andMilton.Street,. respectively.
;r
.U
Section 5. West one-half of Connnunity Drive from the south
line of Amherst Street to the north line of Byron Street.
Section 6. East one-half of Connnunity Drive from the south
line of Amherst Street to the north line'.of Byron Street,
eXCluding that east one-half portion of Connnunity Drive
which lies between the north and south right-of-way lines
of,.University Boulevard, Swarthmore Street and' Cast Street,
respectively..,. "
S~ction 7. West one-half of ConnnunityDrive from the south
line of Byron Street to the north line of Marquette Street.
Section 8. East one-half of Connnunity Drive from the south
line of Byron. Street to the north line of Marquette Street,
excluding that east one-half portion of Connnunity Drive
which lies~-between, the north and . south right-of-way lines
of Oberlin Street and Marquette Street, respectively.
, Section, ,9. , .West one-half of Connnunity Drive from,the south
line of.Marquette Street to the north line of the20-foot
.. ,reserve strip .which adjoins the Y.M.C.A., property along
'. its north property.line.
o
l]::
I
i
o
o
229
Section 10. East one-half of Community Drive from the
south line of Marquette Street to the north line of the
. 2O-foot reserve strip which adjoins the Y.M.C.A. property
along its north property.line, excluding that east one-
half portion of Community Drive which lies between the
north and 'south right-of-way ~ines of Southwestern, Ri~ey ,
and Ruskin Streets, respective~y.
Section 11. Milton Street from the east line of Community
Drive to the west line of West Point' Avenue.
Section 12. College Avenue from the north line of Milton
Street to the south line of Rice Boulevard.
Section ~3. Byron Street from the east line of Weslayan,Avenue
to the west line of College Avenue; and Oberlin Street from
the east ~ineof Academy Street to the west ~ine of Weslayan
Avenue; and Riley Street from the east ~ine of West Point
Avenue to the west line of Academy Street, excluding that
portion of Riley Street which lies between the east and
west right-of-way lines Qf Fairhaven Street.
Section ~4.Ruskin Street from the east ~ine of Community
Drive to the west line of West Point Avenue~"
Section 17. Ruskin Street from the east ~ine of Academy
Street to the west line of Wes~ayan Avenue.
and str'eet, intersections, excluded in the foregoing descriptions of said
numbered sections, and each of which intersections is a~so to be paved by the
Contractor, and the costs of which are included in the Contract price set
forth in Section 4 hereof and which costs are to be paid by the City, is hereby
awarded to said Walter M. Mischer Company.
,Section 5. That the performance and maintenance bonds presented by
said Walter M. Mischer Company, with Fidelity and iBeposit Company of Maryland
surety, having been examined, are hereby approved and accepted, and the Mayor
of the City of West University Place is hereby authorized to approve and
accept said bonds on behalf of the City.
Section 6. That said Walter M. Mischer Company, having heretofore
executed a contract with amendments and addenda thereto, for the construction
of the remainder of said storm sewer and for making the improvements on the
respective sections numbered 1 through 14, and section numbered 17, as herein-
above designated, and as heretofore ordered by the City Commission, and said
contract and amendments and addenda thereto having been examined, is hereby
in all things approved; and the Mayor and City Secretary are hereby authorized
to and directed to execute said contract and amendments and addenda thereto,
for and on behalf of, and in the name of the City of West University Place.
Section 7. The fact that said storm sewer is needed, and the por
tions of the streets hereinabClve stated are in need of improvement, as promptly
as possible creates apub~ic emergency and therefore, this ordinance shall be
IL JI I
~.LII
, 'I .'1 Hllllil'
"j' ,
! 230
,..I,ll" II I _ j
"
III III
passed finally on the date of its introduction this ,the, 25th day of July, 1966,
and shall take effect immediately upon its passage and approval by the Mayor.
PASSED THIS 25th . day of July, 1966.
Commissioners Voting Aye: All
Commissioners Voting No: None
APPROVED THIS 25th day of July, 1966.
. . .
~/~
Mayor
ATTEST:
o
o
o