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Home My WebLink AboutORD 667 - ORD Providing and authorizing Certain Amendments and Charges in Addition of Addenda to June 28, 1954 Contract between WU and Russ Mitchell " ~ j"; 1.-.. ~~_ ;..1 2.20 ORDINANCE NO. 667 n AN ORDINANCE PROVIDING FOR, AUTHORIZING AND DmECTING CERTAIN AMENDMENTS AND CHANGES IN AND THE ADDITION OF ADDENDA TO THE JUNE 28, 1954 CONTRACT BETWEEN THE CITY AND RUSS-MITCHELL, INC. WITH REFERENCE TO PAVING OF CERTAIN PORTIONS OF UNIVERSITY BOULEVARD; AUTHORIZING AND DIRECTING THE EXECUTION THEREOF BY THE MAYOR :AND CITY SECRETARY AND INCORPORATION T1IEREOF AS PART OF SAID CONTRACT WITH RUSS...MITCHELL, 'INC.; MID DECLARING AN EMERGENCY. ' 1---.-1 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, having fully investigated and studied the matter and having discussed same with Russ-Mitchell, Inc., Contractor" aQd the City Engineer, hereby finds and determines that it is advisable to make certain add~nda and amendments to the June 28, 1954, Contract with Russ Mitchell, Inc., providing f'or the construction of' certain street improvements on portions of' University Boulevard as set f'orth in Ordinance No. 658, Passed and Approved May 10,1954; and that it is not practical to proceed with the improvements of' Sections 1, 2 and 3 on which said contract has been awarded under the presently worded contract and contract documents and plans and specif'ications incorporated therein. Section 2. That the City Engineer, having reported., and at the Commission meeting having discussed and confirmed his opinion to the City Com- mission, that certain changes can be made in the work earlier contracted and which changes will not adversly af'f'ect the results to be obtained, but are in accordance with good engineering practice and sound construction, and the City Commission having examined the proper addenda and amendments to said June 28, 1954, contract, all of' which has been heretof'ore approved by Contractor and the Surety on its bonds, here now approve the plans as revised by the City Engineer July 10, 1954 and provides f'or, authorizes and directs the f'ollowing '* addenda and amendment to said June 28, 1954, contract, to wit: I] : ' I Lr Section 3. The Mayor and City Secretary are hereby empowered, autho- rized and directed to execute said Contract Addenda and Amendment on behalf' of' the City and to attach same to said original contract of June 28, 1954, in- corporating same therein as a part thereof. Section 4. The fact that the portions of University Boulevard to be improved under said contract as amended are in need of' improvement as promptly as possible, creates a public emergency and, theref'ore, this Ordinance shall be passed f'inally on the date of' its introduction this the 26th day of' July, 1954~ and shall take effect immediately upon its passage and approval by the Mayor. PASSED this the 26th day of JUly, 1954. Commissioners Goff', Mooney, Nisbet and Mayor Morris, voting aye; Commissioners - none - voting no. f1 ! 1 i I 1 _J ~ I -l I i : I----- n I tJ [ * \ ,,~I ";~"I 220-A CONoTRACT ADDENDA AND AMENDMENT THE STATE OF TEXAS I I QOUNTY OF HARRIS I F.or 'proper and valuable consideration to each of the parties hereto paid by the other, and for the purposes and consideration herein- after shown and set forth, that certain Contract between the CITY OF WEST UNIVERSITY PLACE, TEXAS, therein and herein called Owner, and RUSS- MITCHELL, INC., therein and herein called Contractor, dated June 28, 1954, and executed by Owner pursuant to Ordinance duly and regu.larly passed by the City Commission of the City of West University Place, Texas, and approved June 28, 1954 and providing for the construcjiion of' certain im- provements constituting permanent pavement on certain portions of University Boulevard in said City separated into these designated sections as therein set forth, is hereby amended in the following particulars: 1. The 2-inch cushion under the concrete pavement, as provided by the original plans and 'specifications, is hereby eliminated as re- flected by the plans revised July 10, 1954; and in lieu thereof the Contract shall provided for a cushion from the materials presently existing in the work area to be of such nature, materials and thickness as may be determined by field decisions of the City Engineer; and for this item there shall be deducted from the contract price of the construction the total sum of $173.04,~ , 2. The provi,sion for drilled holes and bars at the transverse construction joints as reflected on the original plans are hereby eliminated; and in lieu of such drilled holes and bars at such joints, the thickness of the new concrete shall be increased to a depth of 10 inches at such trans- verse construction joints With said total lo-inch thickness tapering to the original specified 7-inch thickness at a point 3 feet from the transverse joints as reflected by the plans as revised July 10, 1954; and for this item there shall be deducted from the contract price 0 f the construction the total sum of $1,188.00.' ' 3. owner shall provide an area or areas within a radius of 2 miles from the job site whereat curb and gutter removed from a .project may be deposited by Contractor; and the sum of 35~ per linear foot of re- moved curb and. gutter credited against the unit price paid from the re- sulting short haul; and for this item there shall be deducted from the contract price of the construction the total sum of $905.80. 4. Spacing of reinforcing steel, as reflected on the original plans, shall be changed and the steel schedule revised; so that reinforcing steel bars shall be placed at intervals and distances as reflected by the plans are revised July 10, 1954; in lieu' of the originally provided intervals and distances as shown on the original plans; and for this item there shall be deducted from the contract price of the construction the total sum of $817.74. , - "'11 <I.r . . . . ~, ... I ~ I 220-B ~ I.':' L ~~. . ...l 5. All it:sms of labor required for the performance of the contract work are included in the respective unit bid prices'on the'~roposal Sheetlt constituting part of the original contract; and the item thereon concerning "hours labor time" and aggregating $75.00 - is hereby deleted; and for said item there shall be deducted from the contract price of the con- struction the total sum of' $75.00. In this connection, however, it is agreed that in the event extra labor is required in the performance of the Contract and as therein provided, the unit price bif for "hours labor time", to wit, $1.50 per hour, shall constitute the unit price paid for such extra 'Work, if any, performed in accordance with the provisions of the contract. other than as herein particularly set forth, the original contract, as executed by the parties and dated June 28, 1954, remains in full, force and effect; and this agreement shall constitute part and parcel of the contract between the parties. , -_ _ The undersigned surety on Contractor's Performance Bonds 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 Addenda ' and Junendemnt on the the 15th day of July, 1954. CITY -OF WEST UNIVERSITY PLACE By I r!1,~, 4t.~~ Mayor 7-- ATTEST: ~ RUSS-MITCHELL, INC. By ATTEST: Ass't. Secretary AMERlCAN GENERAL INSURANCE COMPANY , By Attorney in Fact " ~ 1 ( , i -L.J ,--... I i I LJ 'j I I I n I ' LI- I II , I LJ n i ! 1,-,--" ATTEST: APPROVED: 221 APPROVED this the 26th day of' JUly, 1954. GL-.JIf ~~ Mayor of the City of est University Place, Texas , ",- , / A'.-Q~ City~~Y' City Attorney