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Home My WebLink AboutORD 1074 - ORD Determining Advisability amending Storm & Sewer Improvments t1r:t! ORDINANCE NUMBER 1074 o J.\N ORDINANCE DETERMINING THE ADVISABILITY OF AMENDING STORM SEWER IMPROVEMENT CONTRACTS DATED OCTOBER 1,1976 BY AND BETWEEN THE CITY OF WEST UNIVERSITY PLACE AND ' H. T. HOLLAND CONSTRUCTION COMPANY; EXTENDING THE IMPROVEMENTS UNDER THE AMHERST-BELMONT PROJECT TO QUENBY STREET AND EXTENDING THE IMPROVEMENTS UNDER THECARNEGIE-WAKEFOREST PROJECT TO PEM- BERTON STREET; PROVIDING FORAN AMENDED AGREEMENT BETWEEN THE CITY AND H. T. HOLLAND CONSTRUCTION CO~1PANY; ,ACKNOWLEDG- ING RECEIPT OF A CERTIFICATE OF THE AVAILABILITY OF FUNDS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE PARTIES; ATTACHING A COpy OF SAID AGREEMENT AS EXHIBIT !JAil; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance #1070, the City Commission of West University Place, Texas contracted with H. T. Holland Construction Company for certain storm sewer improvements; and WHEREAS, the City Commission has determined that it would be in the best interest of the City for certain additional improvements to be made in conjunction with the proposed improvements; and ~JHEREAS, it has been determined that the additional improvements can be made by an extension of the existing contract in accordance with State Statutues, City Charter and City Ordinances; and n,',! WHEREAS, H. T. Holland Construction Company is in accord with the \. ':1 city's desire to extend such improvements. ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: - Section 1. That the contract heretofore entered into by and between the City of West University Place, Texas and H. T. Holland Construction Company dated October 1,1976 and designated storm sewer improvements Amherst~Belmont project, is hereby amended so that the improvements to be constructed there- under shall be at the following location.: Along Amherst Street east from Buf- falo Speedway to Belmont, then north on Belmont Street to Quenby. Section 2. That the contract heretofore entered into by and between the City of West University Place, Texas and H. T. Holland Construction Company dated October 1, 1976 and designated storm sewer improvements Carnegie- Wakeforest project, is hereby amended so that the improvements to be con- structed thereunder shall be at the following location: Along Carnegie Street east from Buffalo Speedway toWakeforest Street, then north on Wakeforest Street to Pemberton. ~ Section 3. That the additional amount to be paid to H. T. Holland Construction Company for extension of the two projects I contracts shall be the estimated amount of $99,000.00, which amount is the result'of extending the unit price for labor, materials anda'l other items as specified in the contract dated October 1,1976. ___~~__.,. I._L......,_ _____________ ---.......... ._._._~._......:._-'----"""""-~I ,-- I. .~_ --'-----:1___:.____~_~;.____,__....._..L..__'__;............:.:_._i...lI.LJ ..... i.-~::i'.r::lrt:.i[.:::lrili.":i. [' . ~tl Section 4. The City Commission acknowledges receipt of the Certifi- cate of Availability of'Funds, executed by the City Treasurer, certifying that the necessary funds are available from the proceeds of the bond sale and ac- crued interest thereon, to cover the amount of the additional cost of $99,000.00. Section 5. That subject to the filing of amended performance bonds, execution of the Agreement marked Exhibit ItA" arid attached hereto; by H. T. Holland Construction Company, the Mayor of the City of West University Place is hereby authorized and directed to execute said contract for and on behalf of and in the name of the City of West University Place, Texas, with said H. T. Holland Construction Company for the construction of the aforesaid additional storm sewer improvements to the projects named above. Section 6. This ordinance shall :take effect and be in force immediately from and after its passage and approval as required by law. PASSED AND APPROVED this J gt;(. , day of : (()~ , 1976. Commissioners' Voting Aye: Commissioners Voting No: ~~w~~ ' Mayor (j ATTEST: ~ ;K~~ Assistant City Secretary -, I :J n LJ 11 LJ o n ~ o flt$ AGREEME-NT ... ' WHEREAS, the City Commission of the City of West University Place, Texas (hereinafter designated City Commission) and H. T. Holland Construction Company (hereinafter designated Holland) have entered into contracts for storm sewer improvements designated as Amherst-Belmont project and Carnegie- Wakeforest project, said contracts being dated October 1,1976; and WHEREAS, subsequent to the acceptance of bids in connection with said projects it has been determined that the City Commission desires to ex~ tend the improvements to be constructed under said contracts, which extensions shall' be in an amount less than 25% of the total contract pri ce; and WHEREAS, Holland agreed to such extensions of the'improvements at the unit price of each of said projects. ' NOW, THEREFORE, CITY COMMISSION AND HOLLAN~ AGREE AS FOLLOWS: 1. Holland agrees to extend the improvements originally contracted for under the contract dated October 1,1976, under the Amherst-Belmont project so that such improvements shall extend north to the intersection of Quenby Street, approximately eight hundred (800') feet. 2. iThe additional estimated proje~t,costfor such extension of the Amherst-Belmont project shall be $58,000.00, which ,amount is an extension of the unit price for labor, materials and all other ~tems as provided in the original contract. 3. Holland agrees to extend the improvements origl lly contracted for under the contract dated October 1,1976, under the Carnegi -Wakeforest project so that such improvements shall extend north to Pemberton treet, approximately eight hundred fifty (850') feet. 4. The additional estimated project cost for such extension of the ~arnegie-Wakeforest project shall be $41,000.00, which amount is an extension of the unit price for labor and materials and all other items ,as provided in the original contract. 5. The improvements to be constructed in accordance with this Agree-, ment shall in all things comply with the contract documents and plans and specifications of, the contract dated October 1,1976, except as herein changed or modified. 6. The performance bonds heretofore submitted by Holland and Aetna Insurance Company in connection with the Amherst-Belmont project shall be in- creased to the amount of $58,000.00, which increase shall be evidenced by the execution and delivery of a new performance bond by said party. 7. The performance bond heretofore submitted by Holland and Aetna Insurance Company in connection with the Carnegie-Wakeforest project shall be increased to the amount of $41,000.00 which increase shall be evidenced by the execution and delivery of a new performance bond by said party. r, .." , rc", ~ n '" f ~ 2''- t) 8. City Commission and Holland agree that this Agreement shall be- come a part of and be incorporated in the contract documents heretofore entered into by the parties as to both projects. ,~ J ACCEPTED: , , PROPOSED AND AGREED TO: H. T. Holland Construction Company City of West University Place, Texas By: Title: By: Title: Dated: Dated: Attest: Attest: Il i i LJ ~l U o o o :2 !'p7, ,fr.'~i' , QRDINANCE NUMBER 1075 AN ORDINANCE AMENDING SECTIONS 23-22 AND 23-80 OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR THE OPERATION OF, EMERGENCY VEHICLES UNDER CERTAIN CONDITIONS; PROVIDING FOR CONFORMITY OF TRAFFIC CONTROL DEVICES WITH THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR, STREETS AND HIGHWAYS, VOLUMES 1 and 11; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 23-22 of the Code of Ordinances of the City of West University Place is hereby amended and said section shall read as fo 11 ows: " "Section.23-22. ' Applical:li:dn of chapter to authorized emergency vehicles. (a) The driver of an authorized emergency vehicle, as the term "authorized emergency vehiclellisdefined by State law, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. (b) The driver of an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this or any ordinance; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the prima facie speed limits so long as he does not endanger life or property; (4) Disregard regulations governing direction of movement or turning in specified directions. (c) The exempti ons herei n granted to an authori zed emergency vE~hi c 1 e shall apply only when such vehicle is making use of audible and visual signals meeting the requirements of Section 124 V.C.S. 670ld (Uniform Act Regulating Traffic on Highways), except that an authorized emergency vehicle operated as a police vehicle need not be equipped ~ith or display two (2) red lights visible from the front of the vehicle. (d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due re- gard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disre- gard for the safety of others, 1._ 1 _ .....J ,__..........:....~lLI .. i',ni",'[':;'IIT "i I, ~ ....JJ 2..~." .~ U' "".. ~ (e) Provisions of this Ordinance applicable to drivers upon the high- ways shall apply to the drivers of all vehicles owned or opera- ted by the Uni,ted States, the State of Texas, or any county, city ::,J,~ town, district or any other political subdivision of the State, subject to such specific exceptions as are set forth in this Ordinance with reference to authorized emergency vehicles.1I Section 2. That Section 23-80 of the Code of Ordinances of the City of West University Place is hereby amended and said section shall read as foll ows: "Section 23-80. Conformity with manual and specifications of state highway department; uniformity. All traffic control devices' including signs, signals and markings (pavement and/or curb) installed or used for the purpose of direct- ing and controlling traffic within the City of l~est University Place shall conforrri with the Texas Manual on Uniform Traffic Control De- vices for Streets and Highways, Volumes I and II (hereafter called the Manual). All signs, signals and markings erected or used by the City of West University Place shall be uniform and be located so far as practicable according to the directions shown in the Manual throughout the city. All existing traffic control devices and those erected in the future by the city consistent with the Manual, State law and this Ordinance shall be official traffic control devices." ' Section 3. Any person convicted of violating any of the provisions of this Ordinance shall be punished in accordance with the general penalty provision of the Code of Ordinances. Section 4, This ordinance shall take effect and be in force im- mediately from and after its passage and approval as required by law. ~ i \ I , I I L.J PASSED AND APPROVED this :J~d.J day of 0rT ~ , 1976. Commissioners Voting Aye: ~ Commi ssioners Vat; ng No: 1'\k..l_' ATTEST: ~B' Mayor p9 ~ ~~, a-..,,,0 Assi tant City Secretary [\' I I I I LJ