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HomeMy WebLinkAboutOrdinance 10360_, ,;, ORDINANCE N0. /,~<~~ AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF TRUMAN DRIVE, UNIT II, FROM STALCUP ROAD TO FLEMMINGS DRIVE, A'IYRTLE STREET, UNIT III, FROM DRIVE, UNIT IV, FROM OLD HEMPHILL ROAD, WESTERLY TO DEAD END, ASSET FORTH; APPROVING PR0.TECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO WALT WILLIAMS CONSTRUCTION COMPANY IN THE AMOUNT OF $ 410,103.70 ., 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 APART OF THE COSTS OF SUCH IMPROVEMENTS; DIRECTING THE CITY SECRETARX TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PFtOCEEDING5 RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ECdROLL 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; 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 TRUMAN DRIVE, UNIT II, FROM STALCUP ROAD TO FL_EMMINGS DRIVE,. MYRTLE STREET, UNIT III, FROM KUROKI LANE TO 2,100 FEET EAST, AND PARKWAY DRIVE, UNIT IV, FROM OLD HEMPHILL ROAD, WESTERLY TO DEAD END, which is hereby designated Project No. 67-040134-00, (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: -~- .~ BE IT ORDAINED BY THE CITY COiJNCIL 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. II. The estimated cost of the Project based on the estimate of the City Engineer is $ 430,608.89. 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 Project, 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 instalment 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 sizall be set forth in the mechanic's and materialman's lien contract and shall be uniform among all owners executing the contract. Tn 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 COMPANY, 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 COMPANY, at and for the amount of $ 410,103.70. 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 26th day of September, 1989, 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 A~inute Books of the City Council and by filing the complete ordinance in the appropriate ordinance records of this city. ~_ VII . This ordinance shall take effect and be in full force and effect from and after the date of its passage. PASS AND APPROVED THIS ~ ~~ DAY OF , 19_. APPROVED AS ~ FORM AND LEGALITY: City Attorney Date: _Q_ MAS I'ER FI~E• 1 V ~~ ~~ A(~OUNTINO.2 ry:~~ l~dAN8PORTAT1pN~PU'BIIC 7K ~~®~ NATER ADMINISTRATION ~ pity of 1F®~°t ~®~°th, ~~.~as DATE REFERENCE SUBJECT CONTRACT AWARD FOR STREET IM- PAGE NUMBER PROVEMENTS TO TRUMAN DRIVE, UNIT II, 6 8 15 89 C-1181.2 MYRTLE STREET; UNIT III, PARKWAY DRIVE, 1of UNIT IV, AND APPLICABLE WATER MAIN RE- PLACEMENTS TO WALT WILLIAMS CONSTRUC- TION COMPANY AND STEED, INC. RECOMMENDATION. It is recommended that the City Council 1. approve the following interfund, grant, and bond fund transfers FROP~I TO AMOUNT REASON 94-009905-00 67-040134-00 $36,088.05 To provide funds Special Assessments Truman, for the property Unspecified i~1yrtle and owner's share of Parkway the street construction. 67-040901-00 67-040134-00 $257,295.70 To provide funds Inner City Streets Tr~,~rnan, for the City's Unspecified Myrtle and share of const ruc- Parkway tion cost. 93-057801-00 93-052128-00 $64,946.35 To provide funds 1989 Program Myrtle and for the City's Unspecified Parkway share of resur- Resurfacing facing cost. 94-009905-00 67-017078-00 $93,688.00 To provide funds Special Assessments Truman Drive for a 6 and 8-inch Unspecified Water Main Water Main Replacement Replacement. 76-206080-35 76-206080-52 $51,773.60 To provide funds Eleventh Year Truman and for street CDBG Inner City Myrtle improvements. Streets 2, authorize the City Manager to e xecute a contract with Steed, Inc., in the amount of $93,688.00, based on its lowest responsive bid for replacement of 6 and 8 inch water main in Truman Drive, 3. authorize the City Manager to execute a contract with Walt Williams Construction Company in the amount of $410,103.70, based on its low bid for street improvements on Truman, Myrtle and Parkway, 4. declare the necessity for and order the improvements to Truman Drive and Myrtle Street, mow, .. DATE REFERENCE suB~ECT CONTRACT AWARD FOR STREET IM- PAGE ' NUMBER PROVEMENTS TO TRUMAN DRIVE, UNIT I1, °~~2'"' s6~` 8/15/89 - C=118T2 ___ ^, ,RT STR T~UNIT III, PARKWAY DRIVE. --- °f ______ UNIT IV, AND APPLICABLE WATER MAIN RE- ~"-"--- PLACEF~ENTS TO WALT WILLIAMS CONSTRUC- TION COMPANY AND STEED, INC. 5. authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property, 6. approve the estimate of costs and a+nounts to be assessed as stated in the Engineer's estimate, 7. establish September 26, 1989, as the date of the benefit hearing, 8. authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Article 1105b of the Vernon's Texas Civil Statutes, and 9. adopt an ordinance reflecting the City Council's authorization and approval of Items 3 throuyh 8 above, and other applicable requirements of Article 1105b, Vernon's Texas Civil Statutes. nr~r.ii~~TnN The 1986-88 Capital Improvement Program approved in 'Narcf~, 1986, included funds for the improvement of Truman Drive from Stalcup Road to Flemings Drive, Myrtle Street from Kuroki Lane to 800 feet east, and Parkway Drive from Old Hemphill Road, westerly to dead end. Additional footage on Myrtle ivas determined to be necessary .by Transportation and Public Works staff, therefore, that portion of the project will be from Kuroki Lane to 2,100 feet east. Truman Drive will be completely reconstructed. Myrtle Street, where the pavement improvements will consist of a two-inch HMAC overlay, will have assessments for curb/gutter, sidewalks and driveway approaches. Parkway Drive, where the improvements are limited to HMAC overlay, will not have assessments. Truman Drive is located in a Qualified Service Area in the Stop Six Target Area, and CDBG funds will provide 159'0 of the construction cost. Myrtle Street is in the near Southeast Target Area, and CDBG funds will provide 15~ of the construction cost. No CDBG funds will be allocated for Parkway Drive. Staff determined that conditions of the street did not warrant reconstruction as the overlay will extend the life of the street. The cost of the HMAC overlay work will be paid from Street ~°laintenance funds (Fund 93). The streets were included in one project but bid separately, generating a difference in the assessment rates. The Water Department has determined that replacement of the water main in Truman Drive is necessary. ° • ~y . ~• ,: Truman Drive is in Council District No. 5. Myrtle Street is in Council District No. 8. Parkway Drive is in Council District No. 6. -r -~* ~ DATE T 8/15/89 REFERENCE SUBJECT CONTRACT AWARD FOR STREET IM- NUMBER PROVEMENTS TO TRUMAN DRIVE, UNIT II, C-1181,2 ;_ P1YRTLE STREET, UNIT III, PARKWAY DRIVE UNIT IV, AND APPLICABLE WATER MAIN RE- PLACEMENTS TO WALT WILLIAMS CONSTRUC- TION COMPANY AND STEED, INC. PROJECT DESCRIPTION STREET Truman Drive Myrtle Street Parkway Drive LIMITS Stalcup Road to Flemings Drive Kuroki Lane to 2,100 feet east Old Hemphill Road Westerly to Dead-End PAGE 3 6 __. _._ of ___ _ WIDTH/FEET ROW/WIDTH/FEET 36 60 26 50 30 50 PROPOSED IMPROVEMENTS A. A six and eight-inch water main is to be replaced in Truman Drive. B. It is proposed to improve Truman Drive by constructing a six-inch thick reinforced concrete pavement with seven-inch high attached concrete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway wi 1 1 be thirty-six feet wide on a sixty-foot right-of -way . Four-inch thick concrete sidewalks and six-inch thick concrete driveway approaches will be constructed where shown on the plans. C. It is proposed to improve '~1yrtle Street by constructing seven-inch high concrete curbs and eighteen-inch wide concrete gutters on an exissting seven-inch thick reinforced concrete base, and a two-inch thick hot mix asphaltic concrete pavement overlay so that the finished roadway will be twenty-six feet wide on a fifty foot right-of-way. Six-inch thick concrete driveway approaches and four-inch thick sidewalks will be constructed where shown on the plans. D. It is proposed to improve Parkway Drive with a two-inch thick hot-mix asphaltic concrete pavement overlay. RECEIPT OF BIDS Bids f or the project were received on June 8, 1989, after being advertised on "lay 11 and May lg, 1989, with 112 working days alloted to complete the project. DATE REFERENCE SUBJECT CONTRACT AWARD FOR STREET IM- I PAGE ^ ''"- NUMBER 8/15/89 C-11812 PROVEMENTS TO TRUMAN DRIVE, UNIT II, 4 6 _____ _._._~ _. MYRTL F S_TRE~, I1NjT T u' PARKWAY flR I VE ~ ----~ ~f - ---- UNIT IV, AND APPLICABLE WATER MAIN RE- PLACEMENTS TO WALT WILLIAMS CONSTRUC- TION COMPANY AND STEED, INC. BIDDER AMOUNT I. Water Main (Unit I) for Truman Drive Steed, Inc. $93,688.00 J. D. Vickers, Inc. $94,395.40 Larry W. Jackson Construction, Inc. $109,091.00 Tri-Tech Construction, In~~. $109,836.00 Circle "~" Construction Company $111,053.00 Improvements, Inc. $117,849.00 II. Street Improvements, Truman Drive, UnitII,_M~rrtle_Street, Unit III, Parkway Drive, Unit IV UNIT II UNIT III UNIT IV TOTAL Walt Williams $263,650.95 $17_~,?_78.90 $21,173.85 $410,103.70 Contraction, Inc. Harrod Paving Company ~~ $311,083.90 $133,615.80 $20,795.10 $465,494.80 Austin Paving Company $320,439.59 $161,439.56 $20,913.61 $502,792.16 ~J. L. Bertram Constru- $354,010.30 $162,037.50 $21,980.50 $538,028.30 tion and Eng ineering, Inc. The bid proposal stipulated that one contract would be awarded for the three street segments. Both low bidders are in compliance with the City's I'~IBE/WBE policy. ENGINEER'S ESTIMATE OF COST FOR STREET IMPROVEMENTS. 3ased on standard City policy and the low bid prices, the following assessment rates have been established for Truman Drive and Myrtle Street. Truman Drive 6-inch thick reinforced concrete pavement $28.93/front foot 7-inch high attached concrete curb $2.53/front foot 6-inch thick reinforced concrete driveway $2.14jsquare foot approaches ~~iyrtl e Street 7-inch high concrete curb and 18-inch $5.33/front foot wide concrete gutter 6-inch t'nick reinforced concrete driveway $2.14/square foot approaches 4-inch thick concrete sidewalks $2.14/square foot w,.~" mD/CTE REFERENCE sue~ECr CONTRACT AWARD FOR STREET IM- PAGE NUMBER PROVEMENTS TO TRUMAN DRIVE, UNIT II, 5 6 8/15/89 C-11812 MYRTLE STREET, o+ ___.__ UNIT III, PARKWAY DRIVE`'-- ~ __ UNIT IV, AND APPLICABLE WATER MAIN RE- PLACEMENTS TO WALT WILLIAMS CONSTRUC- TION COMPANY AND STEED, INC. The assessment rates result in the following division of cost Truman Drive Property Owners Fort Worth (City) Myrtle Street Property Owners Fort Worth (City} $31,611.67 (11%) $245,221.83 (89°!°) $4,476.38 (3%) $127,066.47 (97%) FINANCING OF WATER LINE REPLACEMENT The Water Department has a policy of replacing deteriorated water and sanitary sewer lines located under struts which are to be reconstructed, however, the cost of the line replacements for this and next year's street constraction/reconstruction proyrams will exceed the 'vJater Department's funding by approximately $2.6 million. Delaying the work until Water funding is available will seriously delay the street program approved in the 1986-88 Bond Election. In accordance with the Service Center Relocation Plan, the City is committed to purchase from the Water and Sewer Fund a portion of the Holly Water Plant site at a price of $3.7 million for the relocation of facilities from the Harley Street compound. This purchase would have been funded from future general obligation bonds. In order to permit the continuation of the street improvement program as scheduled, it is proposed to pay for the replacement of water and sanitary sewer lines in street reconstruction projects with funds from the Assessment Paving Revolving Fund (Fund 94), and to apply the funds so expended toward the purchase of the Holly Site. The expenditure of street improvement bonds for water and sanitary sewer replacements in conjunction with street improvements is considered to be an appropriate use of street bond funds. The Revolving Fund currently has a balance of $4.4 million and there are no large assessment projects scheduled for the coming year that will preclude the use of this money for the proposed water and sewer work. The fund is replenished through the payment of assessments on completed assessment paving projects. ~~` ~'~-'' ' i r :--.: 1' f V S.2 4. The maximum to be spent from the Revolving Fund will be $1.6 million in 1988-89, $1.0 million in 1989-90, and $550,000 in 1990-91. The water line replacement in Truman Drive is the first to be funded in this manner. PROJECT FINANCING ~, 4 _. 't.; Sufficient funds"~`°a're~°`available~as follows for transfers. • ,, .,.. DATE ` REFERENCE sur~~ECT CONTRACT AWARD FOR STREET IM- PAGE NUMBER PROVEMENTS TO TRUMAN DRIVE, UNIT II, 6 of 6 8/15/89 ~ C-11812 -J_-- --l ___-_____-__-- ._I~YRIL:E_SJBEE_T~UNI_L-_I_LI_,_ _- UNIT IV, AND APPLICABLE WATER MAIN RE- PLACEMENTS^TO WALT~WILLIAMS CONSTRUC- TION COMPANY AND STEED, INC. FUND PROJECT N0. PROJECT NAME AMOUNT Special Assessment 009905-00 Special Assessment $1,29,776.05 Fund 94 Unspecified Street Improvements 040901-00 Inner City Streets $257,295.70 Fund 67 Unspecified Contract Street 057801-00 1989 Program $64,946.35 Maintenance Fund 93 Unspecified Grant Fund 76 206080=35 Eleventh Year CDBG $51,773.60 r Inner City Streets Upon approval and completion of Recommendation No. 1, sufficient funds will be available as follows FUND PROJECT N0. PROJECT NAME AMOUNT Street Improvements 040134-00 Truman, Myrtle $293,383.75 Fund 67 and Parkway Street Improvements 017078-00 Truman Drive Water $93,688.00 Fund 67 Main Replacement Contract Street 052128-00 Myrtle Street, $64,946.35 Maintenance Fund 93 ~ Parkway Drive ~+ Resurfacing Grant Fund 76 206080-52 Truman Drive and $51,7473.60 Myrtle Street Expenditures will be made~frorn Index Codes 630335, 693465, and 502666, respectively. Sufficient funds are available in Street Improvements Fund 67, Project No. 095105-00, Engineering Salaries, and Contract Street Maintenance Fund 93, Project No. 095105-00, Engineering Salaries for engineering, inspection, and administrative costs. A~PRQVED BY DAI ; CITY COUNCIL AUG 15 1989 SUBMITTED FOR THE OFFICEABYGER'S David Ivory DISPOSI~~~®I~dm'.w PROCESSED BY C~ ~i~~i:Fjp~E~i'~16 E) O R I G I N AT I N G DEPARTMENT HEAD Gary Santerre _ City of Fort worth, Taxa. CITY SECRETARY ___ FOR ADDITIONAL INFORMATION CONTACT Drolet 7805 DATE