HomeMy WebLinkAboutOrdinance 10487ORDINANCE NO 1~~
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMENT OF LAWNWOOD AVENUE, UNIT II,
FROM PARADISE STREET TO SOUTH JUDKINS STREET AS HEREINAFTER SET
FORTH, APPROVING PROJECT PLANS AND SPECIFICATIONS, ORDERING AND
APPROVING ESTIMATE OF COSTS, LETTING CONTRACT TO WALT WILLIAMS
CONSTRUCTION, INC.,IN THE AMOUNT OF 588,121.10, FOR THE MAKING
AND CONSTRUCTION OF SUCH. IMPROVEMENTS, MAKING APPROPRIATIONS FOR
THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED,
MAKING PROVISIONS FOR THE LEVY OF ASSESSMENTS AGAINST ABUTTING
PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COSTS
OF SUCH IMPROVEMENTS, DIRECTING THE CITX SECRETARY-TO FILE A
NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK
OF TARRANT COUNTY, TEXAS, DECLARING THAT THIS ORDINANCE AND ALL
SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET iMPROVEMENTS ARE
AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERNON'S TEXA5
CIVIL STATUTES, AND DIRECTING THE CITY SECRETARY TO ENGROSS
AND ENROLL THIS ORDINANCE BX "COPYING THE CAPTION OF SAME IN THE
MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING'THE~COMPLETE
ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY;
AND PROVIDING AN EFFECTIVE DATE `
WHEREAS, the Director of Transportation and Public Works for the City of
Fort Worth, Texas (hereinafter referred to as the "Director"), has
proposed the improvement of LAWNWOOD AVENUE UNIT II FROM PARADISE STREET TO
SOUTH JUDKINS STREET, which is hereby designated Project No 67-040177-00,
(said improvements being hereinafter referred to as the "Project");
WHEREAS, the Project shall entail the improvement of the street, avenue,
alley, highway, boulevard, drive, public place, square or any portions
thereof {hereinafter referred to singly and collectively as the "highway'°), and
shall be accomplished by filling, grading, raising, paving, repaving,
repairing, constructing, reconstructing, realigning, widening, narrowing or
straightening said highway, or the curbs, gutter or sidewalks and any
appurtenances or incidentals thereto, including drains or culverts,
WHEREAS, the City Engineer of the City of Fort Worth has prepared an estimate
of the costs of the Project,
WHEREAS, the City of Fort Worth has advertised and received bids, in
accordance with TEX REV CIV STAT ANN Articles 1105b and 2368a,
and other applicable laws, such that a contract may be awarded for the
construction of the Project, NOW, THEREFORE
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT
I
There exist a public necessity for the Project, and it is hereby ordered
that Plans and Specifications be prepared for the improvement of the Project
and that the Project be carried out and constructed according to the
Plans and Specifications, and any changes or amendments thereto
Iz
The estimated cost of the Project based on the estimate of the City Engineer
is $92,527.16. The estimated cost of the Project shall be paid partly by the
City of Fort Worth and partly by assessments to the property abutting
the Project and the owners thereof The assessments to the property abutting
the Project and the owners thereof shall be levied in accordance
with the requirements of TEX REV CIV STAT ANN Article 1105b
(hereinafter referred to as '°Article 1105b"), and the City Charter of Fort
Worth, Texas, and shall not be more than all the costs of constructing,
reconstructing, repairing, and realigning curbs, gutters and sidewalks and
nine-tenths (9/lOths) of the cost of the remaining improvements comprising
the Project In any event, said assessments shall not exceed the special
benefits to the abutting property and its owners, as enhanced by the Project
The City of Fort Worth shall pay the balance of the cost of the Project not
assessed against the property abutting the Project and the owners thereof
The amounts assessed against the abutting properties and the owners
thereof shall constitute a first and prior lien upon such properties and a
personal liability of the owners thereof and shall be payable upon the
acceptance by the City of Fort Worth of the Project after its completion
Said assessments shall be due and payable on or before 30 days after the
acceptance by the City of Fort Worth of the Froject, except that, if the
abutting owner so elects, by complying with the terms hereinafter set
forth, said assessments may be paid in installments Said assessments
may be paid in five (5) equal, consecutive annual installments, the first
installment to be due and payable no later than thirty (30) days after the
acceptance by the City of Fort Worth of the Project, and each subsequent
installment to be due and payable on an annual basis on each consecutive
anniversary date of the acceptance of the Project, in the
alternative, said assessments may be paid in forty-nine (49) equal
consecutive monthly installments, the first installment to be due and payable
no later than thirty (30) days after the acceptance by the City of Fort Worth
of~the Project Any owner electing to pay the assessment in installments,
as provided for herein, as a condition precedent to such election, must
execute a promissory note and mechanic's and materialmen's lien contract
evidencing the owner's intent to pay the assessment in accordance with
the terms of one of the alternatives hereinabove set forth In any case
in which the owner elects to pay the assessment in installments under either
of the alternatives specified, the assessment shall bear interest from the
date of acceptance of the Project at the rate of eight percent (80) per annum
Should any installment not be paid on its due date, the City of Fort Worth
shall have the option to accelerate the entire unpaid balance of the
assessment and declare the same to be immediately due and payable, this and
other terms governing any default in the payment of any installment shall
be set forth in the mechanic's and materialman's lien contract and shall be
uniform among all owners executing the contract
In addition, the City Attorney shall have the authority to
authorize terms of payment different than those specified herein when the
Director has previously determined that an extreme financial hardship exists
III
Bids having been requested by appropriate advertisement, as required by
Articles 1105b and 2368a and the lowest bid of, WALT WILLIAMS CONSTRUCTION,
INC., having been found to be the lowest and best bid for the making and
construction of said Project, the contract therefore is hereby awarded to WALT
WILLIAMS CONSTRUCTION, INC., at and for the amount of $88,121.10
To provide for the payment of said contract and the indebtedness
incurred thereby, there is hereby appropriated out of available funds
and current revenues of the City, an amount sufficient to pay the indebtedness
so incurred
Notice shall be given and a hearing shall be held prior to making or levying
any assessment against any property abutting the Project or its owners, as
required by Article 1105b, Section 9 The notice of the hearing required
under said statute shall be published in a newspaper of the City of Fort
Worth at least three (3) times, the first publication to be made at least
twenty-one (21) days before the hearing date Written notice shall be
personally given to all persons or entities claiming or owning an interest
in the property abutting the Project and shall be mailed at least fourteen
(14) days before the hearing in the manner specified by Article 1105b,
Section 9 Said hearing shall be held before the City Council of Fort
Worth, Texas, on the 30th day of January, 1990, at 10.00 A.M.
IV.
The improvements provided for herein shall be made and constructed,
notice given, hearing held and assessments made and levied and all
proceedings taken and had in accordance with and under the terms of Article
1105b and the Charter of the City of Fort Worth, Texas
V
The City Secretary is directed to prepare, sign and file with the County
Clerk of Tarrant County, Texas, a notice of the authorization and approval
of the Project and the pendency of the assessment proceedings authorized
hereunder
,
VI
The City Secretary is hereby directed to engross and enroll this ordinance
by copying the caption of same in the Minute Books of the City Council and
by filing the complete ordinance in the appropriate ordinance records of this
city
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VII
This ordinance shall take effect and be in full force and effect from and
after the date of its passage
PASSED AND APPROVED THIS
19_
APPROVED AS TO FORM AND LEGALITY'
City Attorney
DAY OF
Date
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KAlEaA DATE
NISTRAnaN •
1-2-90 REFERENCE
NUMBER
C-12086 SUBJECT AWARD OF CONTRACT FOR THE
ASSESSMENT PAVING OF LAWNWOOD
AVENUE UNIT II FROM PARADISE STREET PAGE
4
' °`__
~'~ TO SO. JUDKINS STREET ( ___
WALT WILLIA~1S
CONSTRUCTION
INC. AND CIRCLE "C"
CONSTRUCTION ,
COP1PANY)
RECOh1MENDATION
- ...
It is reccammended that
the City Council
1. Approve the following fund transfers
_ FROM TO AP10l1NT REASbN
94-009905-00 67-040177-00 $ 3,854.72 To move property
Special Assessments Lawnwood, owners' share of
Unspecified Parad ise - cost from Revolving
Judkins Fund to Project
Account.
67-040901-00 67-040171-00 $ 51,830.05 To provide funds
Inner City Streets Lawnwood, for the City's share
Unspecified Paradise - of construction
Judkins cost.
94-009905-00 67-017114-00 $ 36,432.00 'To provide funds
Special Asse'ssmen~s Lawnwood, for the Water Main
Unspecified Paradise - Replacement.*
Judkins
45-60-90-20 53-017114-00 $ 3,600.00 To provide funds
Water and Sewer Lawnwood Avenue for inspection and
Operating survey.
76-206081-35 76-206081-34 $ 26,436..33 To provide funds
Street Assessment Lawnwood Avenue for street improve-
Fund ments.
2. Authorize the City P1anager to execute a contract with Circle "C"
Construction Company in the amount of $33,120.00 based on the low bid
for the water main replacement Unit I in Lawnwood Avenue from Paradise
Street to So. Judkins Street (Unit I),
3. Authorize the City Planager to execute a contract with Walt Williams
Construction, Inc., in the amount of $88,121.10 and 27 working days for
the paving of Lawnwood Avenue Unit II from Paradise Street to So.
Judkins Street (Alternate II),
4. Declare the necessity for and order the improvements to Lawnwood Avenue
from Paradise 'Street to So. Judkins Street,
S
DATE REFERENCE SUBJECT: nnn~~v v~ Lvn~~~rt4~ ~v.iv- ~i~~. PAGE
NUMBER ASSESSP1ENT PAVING OF LAWNWOOD 2 4 r 7,
1-2-90 C-12086 AVENUE UNIT II FROP1 PARADISE STREET I -- or _--_-
CONSTRUCTION, INC. AND CIRCLE "C"
CONSTRUCTION COPIPANY) "` " `' '
5. Authorize the assessment of a portion of the cost of the improvements to
Lawnwood Avenue against the owners of the abutting property,
6: Approve the estimate of costs and amounts to be assessed .as stated in
the Engineer's Estimate; °°
7. Establish January 30, 1990, as the date of the benefit hearing4,
R. Authorize the preparation of assessment rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Annotated Civil Statutes; and
9. Adopt an ordinance reflecting the City Council's authorization and
approval of Recommendations 3 through 8 above, and other applicable
requirements of Article 1105b, Vernon's Annotated Civil Statutes.
*Funds above the amount bid are necessary to cover possible change orders
according to City Ordinance No. 10437.
DISCUSSION.
The 1986-88 Capital Improvement Program approved in March, 1986, included
funds for the improvement of Lawnwood Avenue from Paradise Street to So.
Judkins Street. Lawnwood Avenue is in the Riverside Target Area, and CDBG
funds will provide 30 percent of the construction cost.
Lawnwood Avenue is located in Council District No. 8.
PROJECT DESCRIPTION
STREET LI~1ITS WIDTH/FEET RObJ WIDTH/FEET
Lawnwood Paradise Street to 30 60
Avenue So. Judkins Street
PROPOSED IMPROVEMENTS
It is proposed to improve this segment of Lawnwood Avenue by constructing a
six-inch thick reinforced concrete pavement with a seven-inch high attached
concrete curb over a six-inch lime stabilized subgrade so that the finished
roadway will be thirty feet wide on a sixty foot right-of-way.
RECEIPT OF BIDS
Bids for the project were received on November 2, 1989, after being
advertised on October 12 and 19, 1989, with 45 working days allotted for the
Base Bid, 36 days for Alternate No. 1, and 27 days for Alternate No. 2. Bids
received were as follows:
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DATE REFERENCE SUBJECT - PAGE
NUMBER ~ ASSESSP1ENT PAVING OF LAWNWOOD 3 4
1-2-90 C-12086 AVENUE UNIT II F'ROP1 PARADISE STREET - of ----
CONSTRUCTION, I'NC. AND CIRCLE "C"
CONSTRUCTION COMPANY)
BIDDER AMOUNT
WATER (UNIT I)
Circle "C" Construction Co.
J.D. Vickers, Inc.
Improvements, Inc.
P1&D Construction Co.
STREET (UNIT II)
Walt Williams Const., Inc.
J.L. Bertram Const & Eng., Inc.
James W. Jackson, Inc.
Centerline Constructors, Inc.
M&D Construction Co.
Austin Paving Co.
$33,,,120,00
,6 .0
34,620.50
35,196.00
BASE BID ALT. N0. 1 ALT. N0. 2
(60 DAYS) (48 DAYS) 36 DAYS)
$ 88,121.10
93,311.00
99,327.00
103,087.50
116,838.80
118,181..48
$ 88,121.10
103,811.00
104,327.00
No Bid
121,838.80
121,681.48
$ 88,121.10
109,311.00
109,227.00
No Bid
126,838.80
123,681.48
Staff's evaluation of the three low bids indicates that it would be in the
City's best interest to accept Alternate No. 2 in the amount of $88,121.10
and 27 working days as submitted by Walt Williams Construction, Inc., since
no premium is involved in accepting this Alternate.
The low bidders are in compliance with the City's DBE Policy. •~
ENGINEER'S ESTTP1ATE OF COST•
Based on standard City policy and the low bid prices, the following
assessment rates have been established
6 inch thick reinforced concrete pavement $36.59/L.F.
' 7 inch thick concrete curb $ 2.33/L.F.
The total cost for street improvements to Lawnwood Avenue is distributed as
follows
Property owners' share~of cost $ 3,854.72 ( 4%)
Caty's•~share of cost $ 88,672.44 (96%)
Total'-E~stimat~ed Cost $ 92,527.16
FINANCING.
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Sufficient funds tare available for transfer as follows
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DATE REFERENCE
NUMBER suB~ECT AWARD OF 'CONTRACT FOR THE ~ PAGE
ASSESS~~IENT PAVING OF LAWNWOOD 4 4
1-2-90 C-.12086 AVENUE UNIT II FROP1 PARADISE ST REET ~f __
• TO SO. JUDKINS STREET (WALT WILLIAMS
CONSTRUCTION, INC. AND CIRCLE " C"
CONSTRUCTION COMPANY)
FUND PROJECT PROJECT NAME AMOUNT
94 009905-00 Special Assessments $ 40,286.72
Unspecified
67 040901-00 Inner City Streets $ 57,830.05
Unspecified
45 60-90-20 Water and Sewer $ 3,600.00
Operating
76 206081-35 Street Assessment $ 26,436.33
Fund
TOTAL L8,' S .
Upon approval and completion of Recommendation No. 1, funds will be available
as follows•
FUND PROJECT PROJECT NAME AMOUNT
67 040177-00 Lawnwood Avenue $ 61,684.77
Paradise - Judkins
67 017114-00 Lawnwood Avenue $ 36,432.00
53 017114-00 Lawnwood Avenue $ 3,600.00
76 206081-34 Lawnwood Avenue $ 26,436.33
TOTAL $128,153.10
Expenditures will be made from Index Codes 630335 and 400309, 620294
(Inspection)., 620336, (Survey) .
Sufficient funds are available in Street Improvement F und 67, Project
No. 095106-00, Engineering Sal aries, to finance engineering inspection and
administrative costs.
APPROVED BY
WWW d C ITY COUNCIL
JAiV 2 i9~~
SUBMITTED FOR THE
CITY MANAGER'S
DISPOSITION BY COUNCIL: ~~~ ~'" K"s~r
,,,.PRD,C~SSEB BY
1.~
OFFICE BY___ Wi 11 i am 1~I. Wood ^ APPROVED
ORIGINATING ' ^ OTHER (DESCRfBE) =
C11y Of k'OTS 'Y of th®
iiJoxth. Taxa~
DEPARTMENT HEAD• CITY SECRETARY
~ FOR ADDITIONAL INFORMATION
CONTACT Martha Lunda .x8063 a
OrQinartfls ~t~^
DATE
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