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HomeMy WebLinkAboutOrdinance 10475ORDINANCE N0. D AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF THIRTY-FOURTH STREET, FROM ROSS AVENUE TO NORTH MAIN STREET , AS ; PROJ PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT TO L. D. CONATSER CONTRACTORS IN THE AMOUNT OF $147,757.50, FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVFI~IENTS; MAKING APPROPRIATIONS FOR TI3E 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 CITY SECRETARY ~ FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WTTH 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 TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Director of Transportation and Pub]_ic Works for the City of Fort Worth, Texas (hereinafter referred to as the "Director"), has proposed the improvement of THIRTY-FOURTH STREET, FROM ROSS AVENUE TO NORTH MAIN STREET, which is hereby designated Project No. 67-040197-00, (said improvements being hereinafter referred to as the "Project"); Wf~REAS, 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: -1- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WOR'T'H, 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. he estimated cost of the Project based on the estimate of the City Engineer is 155,145.38. The estimated cost of the Project shall be paid partly by the y ort 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 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 (8~) 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. -2- 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 L. D. CONAT5ER CONTRACTORS, 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 L. D. CONATSER CONTRACTORS, at and for the amount of $147,757.50. 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 th.e 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 16TH 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. -3- .. ,. 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 TO FORM AND LEGALITY: City Attorney Date : _ _ _ -4- k ~t ` ~a~~ ®f ' IF®~°~ ~®~°~~. ~C~.~~~ MA5tEp FILE•1 ~ ~ ACCOUNTINO.2 s o e 7ftANSPORTATION~PUBLIC WORK3+ NAYER ti q0 i DA~E TION 4 REFERENCE SUBJECT AWARD OF CONTRACT FOR THE PAGE NUMBER ASSESSMENT PAVING OF 34TH STREET, 4 ' 12-19-89 C-12062 ROSS AVENUE TO NORTH MAIN STREET 1of L. D. CONATSER CONTRACTORS) RECOMMENDATION It is recommended that the City Council 1. Approve the following fund transfers - From To Amount Reason 94-009905-00 67-040197-00 $20,780.38 To move property ~ Special Assessments 34th Street, owners' share of Unspecified Ross to N. Main cost from Revolving Fund to Project Account. 67-040901-00 67-040197-00 $82,649.87 T'o provide funds Inner City Streets 34th Street, for the City's share Unspecified Ross to N. Main of construction cost. 76-206081-35 76-206081-42 $44,327.25 To provide funds Twelfth Year 34th Street, for street improve- CDBG Inner City Ross to N. Main menu . Streets 2. Authorize the City Manager to execute a contract with L.D. Conatser Contractors, in the amount of $147,757.50 and 45 working days for the construction of 34th Street, Ross Avenue to North Main Street, 3. Declare the necessity for and order the improvements to 34th Street from Ross Avenue to North Main Street, 4. Authorize the assessment of a portion of the cost of the improvements against the owners of the abutting propel°ty, 5. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, 6. Establish January 16, 1990, as the date of the benefit hearing, 7. Authorize the preparation of assessment rolls and notification of pro- perty owners in accordance with the provisions of Article 1105b of Vernon's Annotated Civil Statutes, and DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR THE PAGE NUMBER ASSESSMENT PAVING OF 34TH STREET, 2 __ a, 4_ 12-19-89 C-12062 ROSS AVENUE To NORTH MAIN ST~Fr -- (L. D. CONATSER CONTRACTORS) ^' Yl.fr .,p,t, 8. Adopt an ordinance reflecting the City Council's authorization and approval of Items 2 through 7 above, and other applicable =requirements of Article 1105b, Vernon's Annotated Civil Statutes. DISCUSSION The 1986-88 Capital Improvement Program approved in March, 1986, included funds for the improvement of 34th Street from Ross Avenue to North Main Street. The street is located in Far North Side Target Area, and CDBG funds will provide 30% of the construction cost since the street was never con- structed to City standards. 34th Street from Ross tb North Main is residen- tial with the exception of one business site on the corner of 34th and North Main Street. This project is located in Council District No. 2., PROJECT DESCRIPTION Street Limits Width/Feet Row Width/Feet 34th Street Ross Avenue 30 60 to North Main Street IMPROVEMENTS It is proposed to improve this segment of 34th Street by constructing six- inch thick reinforced concrete pavement with seven-inch high attached con- crete curb on a six-inch thick lime stabilized subgrade, so that the finished roadway will be thirty feet wide on a sixty foot width right-of-way. Four- inch thick concrete sidewalk and six-inch thick concrete driveway approaches will be constructed where shown on the plans. RECEIPT OF SIDS Bids for the project were received on October 26, 1989, after being adver- tised on October 5 and 12, 1989, with 45 working clays allotted for the Base Bid, 36 working days for Alternate No. 1, and 27 days for Alternate No. 2. Bids received were as follows Amount _ Base Bid Alt. No. 1 Alt. No. 2 Bidder (45) Days (36 Days) (27 Days) L.D. Conatser Contractors $147,757.50 $150,757.50 $155,757.50 Centerline Constructors, Inc. 148,991.20 No Bid No Bid Walt Williams Const., Inc. $150,770.85 $150,770.85 $152,473.85 Harrod Paving Co. $155,094.20 $159,594.20 $164,094.20 Austin Paving Co. $155,976.89 $159,576.89 $164,176.89 J.L. Bertram Const. & Engr., Inc. $171,356.90 $180,356.90 $189,356.90 ~j. +. ! J``ff~// Re DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR THE PACE NUMBER ASSESSMENT PAVING OF 34TH STREET, 3_ of 4 12-19-89 C-12062 ROSS AVENUE TO .NORTH MAIN STRE T (L. D. CONATSER CONTRACTORS) Staff's evaluation of the three low bids indicates that it would be in the City's best interest to accept the low Base Bid in the amount of $147,757.50 and 45 working days as submitted by L. D. Conatser Contractors. This recom- mendation is based on the relatively low traffic volumes using this roadway, the residential nature of the street, liquidated damages as specified in the contract ($210.00 per day) and the premium which would be paid in utilizing Alternate No. 1 versus the number of working days which would be saved ($333.00 per day) or Alternate No. 2 versus t:he number of working days which would be saved ($262.00 per day). The low bidder is in compliance with the City's DBE Policy. ENGINEER'S ESTIMATE OF COST Based on standard City policy and the low bid prices, the following assess- ment rates have been established 6 inch thick reinforced concrete pavement $34.06/L.F. 7 inch high attached concrete curb $ 3.52/L.F. 6 inch thick concrete driveway approaches $ 3.21/S.F'. 4 inch thick concrete sidewalk $ 3.21/S.F. The total cost for street improvements to 34th Street is distributed as fol 1 ows Property owner's share of the cost $ 20,780.38 (13°1°) City's share of the cost 134,365.00 (87%) Total Estimated Cost $155,145.38 FINANCING Sufficient funds are available as fol-lows for transfers Fund Project ProjE~ct Name Amount 94 ~ ~ ~-'1S~ ~~ 009905-00 Special' Assessments $ 20,780.38 ,,_ ,+ 1~w„ ; ¢ ?,~ Unspecified 67 ;I y:040901-00 Inner City Streets 82,649.87 •~t Unspecified 76 '~"''~'.~~6081-35 r. <~ .,~~ .~• 12th Year CDBG 44,327.25 ~_ ~~ Inner Gity Streets ..... ._.. .z,.~ _.. i '~ '~` Total $147,757.50 Upon approval and completion of Recommendation No. 1, sufficient funds will be available as follows ~ ~~ ~ DATE REFERENCE NUMBER SUBJECT AWARD OF CONTRACT FOR THE PAGE ASSESSMENT PAVING OF 34TH STREET 4 4 12-19-89 C-12062 , ROSS AYE~UE_TO NORTH MAIN STRFFT_ 0,_ (L. D. CONATSER CONTRACTORS) Fund Project Project Name Amount 67 040197-00 34th Street $103,430.25 76 206081-42 34th Street 44,327.25 Total $147,757.50 Expenditures will be made from Index Codes 630335 and 658815 respectively. Sufficient funds are ava ilable in Street Improvements Fund 67, Project No. 095106-00, Engineering Salaries, to finance engineering inspection and administrative costs. WWW f/6 APPROVED BY CITY COUNCIL DEC I9 1989 ~.ttYk ~~'si~xdL.,,, City SeC;<etoxy of tha City of f or Wosih, Toxa~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY _ Wi ~ ~ .~ dm WU~d C APPROVED _ ORIGINATING ~] OTHER (DESCRIBE) DEPARTMENT HEAD Gar~Santerre i. CITY SECRETARY FOR ADDITIONAL INFORM TION Lunaay 8063 Ado ted OrdinanG'C ~m CONTACT DATE