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Home My WebLink AboutORD 387 - ORD Providing and Directing Certain amendents, Changes, addition to Agenda June 21, 1948 JI " I I ' I" ,_ ,,1 184 ORDINANCE NO. 387 AN ORDINANCE PROVIDING FOR, AUTHORIZING, AND DIRECTING CERTAIN AMENDMENTS AND CHANGES IN, AlID THE ADDITION OF ADDENDA TO, THE JUNE 21, 1948, CONTRACT BETWEEN THE CITY AND RUSS MITCHELL, INC., CONTRACTOR, WITH REFERENCE TO THE PAVING OF CERTAIN PORTIONS OF UNIVERSITY BOULEVARD AND RICE BOULEVARD; AUTHORIZING AND DIRECTING ,THE Ex:ECUTION, TijEREOF BY THE MAYOR AND CITY SECRE- TARY AND THE INCORPORATION THEREOF AS PART OF SAID CONTRACT WITH RUSS MIT- CHELL, INC., AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVER- SITY PLACE, TEXAS: il Section 1. That the City Commission of the City of West University Place, Texas, having fully investigated and studied the matter and having discussed same with Russ Mitchell, Inc., Contractor, hereby finds and determines that it is notpracticalt,o proceed with :the improvement of all of the five numbered Sections constituting portions of University Boulevard and Rice Boulevard, on which work has been heretofore ordered and directed; and that it is not practical to proceed with the improvement of Sections No.1, 2, and 4 on which contract has been awarded under the presently worded contract and contract documents; said Sections on which contract has been so awarded being: Section No.1: University Boulevard from the West line of Kirby Drive to the West line of Belmont Street; and 'I , I I L.J Section No.2: Universi ty Boulevard from the West Line of Belmont Street to the East _line of Sewanee Street; ,and Section No.4: The North Half of University Boulevard from the East line of, Lot 5 to the West line of Lot 413, all in Block 44, West University Place, Second Addition. Section 2. The City Commission, having examined the proposed addenda and amendment to said June 21, 1948, contract covering arid with reference to said Sections Noe. 1, 2, and 4, and which addenda and amendment has been heretofore approved by Contractor and the Surety on his bonds, here now provides for, authoriz,es, and directs the following addenda and amendment to said June 21, 1948 contract, to-wit: n CONTRACT ADDENDA AND AMENDMENT" II THE STATE OF TEXASI COUNTY OF HARRIS}' ~l , J RUSS MITCHELL, INC., having submitted the lowest and best secure bid for street improvements on five segregated numbered sections of University Boulevard and Rice Boulevard, as ordered by Ordinance No. 371, passed by the City Commission of the City of West University Place, Texas, and approved I--"! April 20, 1948, and as set forth in the contract documents; but it appearing ,I I I that there are not sufficient funds available for appropriation at this time U to enable the City to now execute a contract on all of the respective segregated sections; said Russ Mitchell, Inc. and said City of West University [ [ [ 185' Place, Texas, make the following agreement: For proper and valuable considerations to each of the parties paid by the other and for the purposes and considerations hereinafter shown, the above mentioned contract documents are hereby amended and addenda added thereto as follows: (1) By agreement of the parties, contract has been let by Owner to Contractor covering Sections Nos. I, 2, and 4, only, as distinguished from the originally proposed Sections Nos. I to 5, inclusive; Contractor's bid heretofore submitted being held open as to said remaining sections, as herein provided. (2) ItSpecial Provision No. IO, guaranteed work quant..ities,1t as set forth in the Special Provisions of the contract documents, and all references to guaranteed work,quantities and minimum portions of the work as contained in the contract and contract documents are hereby cancelled and deleted therefrom. (3) Based on Contractor's unit price bids and the engineer's estimated quantities in said Sections Nos. I, 2, and 4, the sums payable to Contractor by Owner (in addition to assessments against property owners) aggregate the sum of $38,2Il.22. 'The contract documents provide that Contractor is obligated to use all reasonable diligence and efforts to obtain mechanic's lien contracts or other security or satisfactory arrangements for payment-in cash from the respective ,owners of exempt properties, so that the above sections may be improved in their respective entireties; and in said contract documents Owner is given the option of cancelling and abandon;i.ng .the contra.ct'under certain contingencies, as therein provided. Although Contractor again obligates itself to use all reasonable diligence, as hereinabove provided, the parties have and do recognize the possibility that it may be impossible for Contractor to secure mechanic's lien contracts or other security or cash payment arrange- ments from all owners ofoexempt property; and to provide additional participa- tion by Owner, if such be necessary, so that a continuous payement of a minimum width of 12 feet on each side of the center line of said streets can be paved, as reflected by alternate plans for said projectf Owner has appropriated an additional sum of money aggregating a total of $56,000.00 to cover all sums payable by it to Contractor and for engineering, legal, contingencies, and other miscellaneous costs and expenses; said sum being the full funds available for appropriation for the job at this time. (4) In the event Contractor is unable by the use of all reasonable diligence to obtain sufficient property owner participation on exempt proper- ties to enable the pavement to be laid, as mentioned in Section 3 hereof, by the ,total participation and payments 'by Owner, as therein mentioned, then Owner and Contractor will enter into bona fide negotiations in an effort to formulate some practical method within the resources of the City then avail- abie for appropriation for street paving whereby a continuous 24 'foot strip of said Sections 1 and 2 majV bepaved; and Owner agrees to use i~s best efforts to make sufficient funds available for such purpose. (5) Pending the above and completion of Sections I, 2, and 4, Coptractor will leave its bid heretofore filed open until October 15, 1948, and will not attempt to withdraw said bid prior to said date; and Owner, if funds are thEm available to permit the necessary appropriation therefor, will, award Contractor a contract on the remainder of said projects, to-wit: Sections 3 and 5 thereof, on or before October 15, 1948, or failing so to do, Contractor's bid, on said last named Sections, shall be considered withdrawn " ..' .. 1'" ' "i I..~[ lr' , .. ,] (:, ~, J ' ..' , 1 186 and no longer open for award of contract, unless such time is, extended by mutual agreement. The undersigned Surety on Contractor's performance bond hereby consents to and approves the foregoing and any changes and amendments in the contract, plans, and specifications which might be hereafter agreed to by Owner and Contractor. IN TESTIMONY WHEREOF, the parties . have executed this amendment and addenda, this 21st day of June, 1948." Section 3. The Mayor and City Secretary are hereby empowered, authorized and directed to execute said, contract Addenda and Amendment on behalf of the City and to attach same to said original contract of June 21, 1948, and to incorporate same therein as a part thereof. Section 4. The fact that the portions of the streets hereinbefore stated' and constituting segregated Sections Nos. 1, 2, and 4, as covered by said contract, are in need of improvement as promptly as possible creates a public emergency, and therefore this Ordinance shall be passed finally on the date of its introduction, this, the 2lst day of June, 1948, and.. shall take effect immediately upon its passage and approval by the Mayor. PASSED this, the ?lst day of June, 1948. Commissioners Lanmon~ Hamlett, Armer and Douglass, and Mayor Lee Voting Aye: None -Voting Noe. APPROVED this, the21s t day of J ,1948. ATTEST: ~~ . TY SECRE ' , APPROVED: CITY ATTORNEY lJ J 11 l..~