HomeMy WebLinkAboutORD 363 - ORD Reference to Final Eestimate andAnalysis Concerning Completion of Work By Contractor
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ORDINANCE NO. 363
AN ORDINANCE WITH REFER&NCE TO THE ,FINAL ,ESTIMATE AND 'FINAL
ES:VIMA.TE AND ANALYSIS CONCERNING THECOlMPIETION OF THE WORK
BY CONTRACTOR, HOLLAND PAGE, ON PORTIONS OF AUDEN STREET AND
UNIVERSITY BOULEVARD, COMPRISING SEGREGATED SECTIONS NOt3. 1,;' 2,
3 ANID 6. UNDER THE APBrIL 3, 1947, CONTRACT, AND AMENDMENTS
THERETO, AND PRIOR ORDINANCES; MAKING CERTAIN FINDINGS laTH
REFERENCE TO SAID ESTIMATES .AND ANALYSIS FILED BY THE ENGINEERS ;
REAFFIRMING CERTAIN DECISIONS AND ACTIONS HERETOFORE MADE AND
TAKEN WITH REFERENCE TO ADDITIONAL PARTICIPATION BY -THE CITY IN
THE COST OF THE IMPROVEMENrS AND ORDERING CERTAIN CREDITS AND
PAYMENTS/' AS HEREIN STATED; AND DECLARING AN EMERGENCY.
WHEREAS, pursuant to prior Ordinances and proceedings duly
andregularly passed and held, the City of West Universi tyPlace
entered into a contract with Hol1and Page, Contractor, and dated
April 3,1947, for the paving and improvement of certain streets and
certain portions thereof in the City, divided into eight Sections, each of
which constitute a separate and distinct unit unto itself, whol1y
unrelated to and independent of each other such section; and';,irihereas , by
subsequent ordinances and proceedings duly and regu1a~ly passed and held
with the consent of the Contractor, certain of said original sections and
the contract with reference thereto were amended; and whereas, Howe & Wise,;
Engineers for the City, on some portions of said work, subsequently issued
work orders directing the contractor to perform work on the particular
segregated sections hereinafter listed and on only those sections; and the
Contractor has performed the work on said Sections and on only said
Sections; and whereas, said Engineers have now submitted a,Fina1 Estimate
with reference to the work performed by Contractor on said hereinafter
listed Sections, reflecting that all work on each thereof has been fully
and finally comp1l?ted, certifying that the work has be'en performed in
accordance with the c~nt:ract and accepted, and showing the aggregate
total amounts of work done on said Sections, including a detailed "Final
Estimate and Analysistt as to each segregated Section separately and showing
the respective total amounts payable by the property owners and by the
City(l) under assessments as fixed by prior ordinances; and (2) after
applyingcredits heretofore authori~ed; and said Final Estimate and said
respective items having been examined and an~zed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the prior decisions and actions of the City
Commission authorizing and providing foradditional contribution by the
City toward the cost of construction on the hereinafter listed Sections
and the consequent reduction of the cost to property owners by credits on
assessments heretofore levied, be and are hereby reaffinned; and -without in
anywise constituting a reassessment or correction, ,nor affecting the
finality of the assessment proceedings, the following credits are hereby
ordered and shal1 be endorsed on the proper respective Certificates of
Special Assessment before issuance thereof to-wit:
(a), As .to all properties on the south side of University Boulevard
in the; 3700 BiocIt: there.on'and in the City of Southside Place, credit to
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.................'.................$7.37 per front foot;
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(b) As to properties on University Boulevard immediat.ely vrest of
the Bridge and the property innnediate1y east of the Bridge on the north
side of said street, credit to the extent of 14 ft. 9 in. by which the
Bridge construction overlaps said properties, arid reduces the paved
footage and therefore the quantity of work dore;
, (c) ,As to all properties, except in (a) above , credit each
assessment to the extent of fifteen percent (15$): thereof, all as
reflected in tn.e detailed "Final Estimate and Analysis" as to each
segregated Section hereinafter mentioned.
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Section 2. That the prior decisions and. actions of the City
Commission aut.horizing and providing for (a) reimbursement tQ the
Contractor for ,abstract work; (b) for taking of unused reinforcing steeJL
mesh resulting from failure of a sufficient number ,of property O'WIlers to
give security for paym~nt of their part of the cost of the payement and
consequent inability to complete the entire original1y contemplated paving
project; (c) for sharing a portion of excess cost of ,trucking materials into
the City in the Contractor' seffort to complete the contract in spite of
inability to secure .material shipments .during the l:'ailroad car shortage; and
~d) providing for payment to contractor' in. reconstructing driveways, and each
of which items are reflected in said "Final Estimate and Analysis", be, and
are hereby reaffirmed.
Section 3.
That. the Cit.y Commission does hereby find and det.ennine::
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(a) That the above referred to, FinalEstimate" including the
detailed "Final Estimate and Analys.is" constituting a part thereof,
correctly states the total quantities of the respective items of work done
by the Contractor, and the aggregate sums due Contract~r therefor; .
(b) that the statement by said Howe & Wise, Engineers, in said Final
Estimate that the "per cent complete this estimate" is 28.88" per cent, and
the statement in the "per cent complete" column tabulation, that certain
items are, less than one hundred per cent complete, are each erroneous, due
to the fact that same are improperly based on improper' "Contract or project
Estimate quantity" figures which are the aggregate for the entire original
eight separate, segregated, unrelated, Sections, including those as to which
said contract has been heretofore apandoned and cance11ed, as distinguished
from the aggregate of estimate quantitie~'for the particular sections on
which work has actually been done; and which conflicting statements the
Engineers have ,failed and refused to correct and reconcile with the
specific detail showing that the particular Sections therein treated and
hereinafter listed are complete; (c) that said total quantities of work done,
the detailed "Final Estimate and Analysis" as to each segregated section
separapely, the Certificate of said Engineers and other Certificates
submitted show, and the facts are, that all required work has been fully
perfonned and completed on the following segregated and unrelated sections,
being all those on which work has been ordered or authorized, to-wit:
Section No.1: Auden Street from the north line of University
Bouleva:rd to the north line of Rice Boulevard;
Section No.2: University Boulevard from the west line of Auden
Street to the East line of Mercer Street (divided
for convenience into two portions: 2-a, west of
Edloe Street; 2-b, east of Edloe Street.)
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Section No.3: University Boulevard from the east line of Mercer
S~ree,t. ,t.o, .t:neo~aS:t, ~ine .o.f. Se:w:.anee Street;
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Section No.6: University Boulevard from the west line of Auden
Street to the East line of 'lIJ'eslayan Street.
Section 4: That the City Council does hereby further find
and determine that theofo110wing net sums are payable by the property
owners and by the City, respectively:
Sec. No.
, Credit to
Property Owners
Total to
Net by City Contractor
Net by
Proper~ Owners
$ 6,664.52
1
$ 1,176.09
$ 8,021.74 $ 14,686.26
2
A) 5,202.25 19,651.49
.m) 1,044.81 5,920.58
3 927.00 5,253.00
6 2,256.57 12,787.26
10,606.72 50,276.85
13,679.73 33',331.22
3,762...36 9.682.94
2,872.00 8,125.00
10.2'32 .O~ 23<019. '31
38,567.88 88.844.73
892...50 892.50
478.1.5 478.15
'3.671. 76 '3,671. 76
$ 43,610.29 $93,887.14
~8_ 760.6~
15,150.36
Abstract work
. . . . . . . . . . . . t_ e- .
Overhaul
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Steel Mesh
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Total owed by City
Heretofore paid Contractor by City
Due by Contractor to City
,all as reflected in said "Final Estimate and Ana1ysislt.
Section 5. The fact that all improvements have been completed
on those portions of said streets constituting the above listed separate
segregated sections, in full accordance with the above mentioned contract
and amendments thereto, and the Contractor is entitled to final settlement
of said contract as to said segregated sections thereof, creates a public
emergency, and therefore this ordinance shall be passed final1y on the date
of its introduction, this the 8th day of March, 1948, and shall take effect
immediately upon its passage and approval by the Mayor.
PASSED this 8th day of March, 1948.
COMMISSIONERS Lanmon. Anner and Douglass
and Ma;vor Lee voting aye
COMMISSIONERS
none
VOII'ING no.
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APPROVED THIS 8th daJr of March, A. D. 1948.
Texas.
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ATTEST:
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APPROVED :
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City Attorney
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