HomeMy WebLinkAboutOrdinance 10175r '
ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVF~Nr OF SANDAGE AVENUE , FROM COVERT
AVENUE TO BOYCE AVENUE, AS HE ;
PR ICATIONS; ORDERING AND APPROVING ESTIMATE
OF COSTS; LETTING CONTRACT TO APAC-TEXAS, INC. FORT WORTH
DIVISION 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 CITY SECRETARY TO
FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK
OF TARRANI' 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 Ta 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 Public Works for the City of Fort
Worth, Texas (hereinafter referred to as the "Director"}, has proposed the
improvement of BANDAGE AVENUE , FROM~COVERT AVENUE TO BOYCE AVENUE, which is
hereby designated Project No. 067-040138-00, (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:
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
$265,,478.38 The estimated cost of the Project shall be paid partly by the
i y o 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 (9/10ths) 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 instalments, 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 assessc~nt 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.
t
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 APAC-TEXAS, INC. FORT WORTfi DIVISION,
having been found to be the lowest and best bid for the making and construction
of said Project, the contract therefor is hereby awarded to APAC-TEXAS, INC.
FORT Wt~RTH DIVISION, at and for the amount of $ 252,837.50.
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 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 25th day of October, 1988,
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.
VII.
This ordinance shall take effect and be in full force and effect from and after
the date of its passage.
PASSED AND APPROVFA THIS ~ DAY OF r
19~~.
APPROVED AS TO FORM AND LEGALITY:
'`~'' `~/
In~City Att rney
GG Date : 9-/.,~ " S~' ~
-4-
^2,
ACCOUNTING•2 ~Z~N O~ fL ~Y ~ • V ®~~/L~ ~~~l.Yi~]1
TRAN$POi2TAT1ON~PUBIIC WO 'CS ~ ®~ ~~ _// ,/~®~~~~~ ~®~~~~~
HATER ADMINICiRATitiN d ~ 1(~,(~// (/~,/
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR RECON- PAGE
NUMBER ~ STRUCTION OF PORTIONS OF HEIRLOOM DRIV~, 5
., na nn ., , , nn,, 1 Of
~L/-aa 1 L-1ILL)a I THI > lIK I~WH KNVhN I IKI1f~ ~uNllu hl-I
AVENUE, AND RELATED WATER LINE REPLACE-
MENT
RECOMMENDATION•
It is recommended that the City Council
1. approve the following interfund and bond fund transfers•
FROM
94-009905-00
Special Assessments
Unspecified
67-040901-00
Reconstruction
Unspecified
53-015901-00
Water Capital
Improvement
Unspecified
TO
AMOUNT
67-040138-00 $ 5,625.44
Heirloom, Yates,
.Sand age and Walraven
67-040138-00 $469,048.96
Heirloom, Yates,
Bandage and Walraven '
~'
f
53-017074-00 $314,000.00*
.Water Main
Replacement in
Yates, Sand age and
Walraven
REASON
To move property
owner's share of
cost from Revoly-
ing Fund to Project
Account.
To provide funds
for the City's
share of street
construction cost.
To provide funds
for one 8-inch and
two 12 inch water
main replacements.
*Funds in excess of the bid amount are to provide for inspections and other
administrative costs.
2. authorize the City Manager to execute a contract with L.D. Conatser
Inc., in the amount of $295,871.20, based on its lowest responsive bid
for replacement of one 8 inch and two 12 inch water mains in Walraven,
Yates and Bandage,
3. authorize the City Manager to execute a contract with APAC-Texas, inc.,
Fort Worth Division, in the amount of $474,314.40, :based on its low bid
for the reconstruction of Heirloom, Yates, Sand age and Walraven,
4. authorize the assessment of a portion of the cost of the improvements
against the owners of the abutting property on Bandage Avenue;
5. approve the estimate of costs and amounts to be assessed as stated in
the Engineer's Estimate,
a ,-
6. establish October 25, 1988, as the date .of the benefit hearing,
~, ! ~ n
DATE 1 REFERENCE SUBJECT ~ AWARD OF CONTRACT FOR RECON- rACE
` NUMBER STRUCTION OF PORTIONS OF HEIRLOOM DRIVE, 2 5
9-27-88 C-11208 e YATES STREET WALRAVEN CIRCLE BANDAGE °f
AVENUE, AND RELATED WATER LINE REPLACE-
MENT
7. authorize the preparation of assessment :rolls and notification of
property owners in accordance with the provisions of Article 1105b of
Vernon's Texas Civil Statutes; and
8. adopt an ordinance reflecting the City Council's authorization and
approval of Items 3 through 7 above, and other applicable requirements
of Article 1105b, Vernon's Texas Civil Statutes.
ORIGIN OF PROJECT
The 1986-88 Capital Improvement Program approved in March, 1986, included
funds for the improvement of portions of Sandage, Yates, Heirloom and
Walraven Streets.
The Water Department determined that the existing 8 and 12 inch water lines
in Sandage, Yates and Walraven are in need of replacement and .advertised for
bids for this work. along with the street reconstruction projects.
These streets are located in Council District 6
PROPOSED ASSESSMENTS
These streets have previously been constructed to City standards and are not
located in areas qualifying for CDBG funding. In accordance with the
provisions of the Assessment Paving Policy, as revised July 28, 1987
(M&C G-7160), assessments are not being levied against property zoned and
used for one - and two - family residences for the cost of pavement, but
assessments are proposed for ten lots on Sandage for new curb, gutter and
driveway approaches where none presently exist.
Two lots adjoining Walraven Circle (Lots 21 and 22, Block 6, Wedgewood
Addition) are zoned for single family residential use but are owned and
occupied by Southwestern Bell Telephone Company. They are therefore subject
to assessment, however, the Manager of Real Property Management is of the
opinion that no enhancement will occur as a result of the street
improvements. Consequently, it is not proposed to assess this property.
PROJECT DESCRIPTION
STREET LIMITS WIDTH/FEET ROW WIDTH/FEET
Heirloom Drive Victorian Drive 30 50
(Unit II-A) to Trimble Drive
Yates Street Lubbock Avenue 30 50
(Unit II-B) to Sandage Avenue
Sandage Avenue Covert Street 30 60
(Unit II-C) to Boyce Street
T~
F
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR RECON= PACE
NUMBER
STRUCTION OF PORTIONS OF HEIRLOOM DRIVE 3 05
- - 8 C-11208 ~
AVENUE, AND RELATED WATER LINE REPLACE-
MENT
Walraven Circle Welch Avenue 30 50
(Unit II-D) to Wedgemont Circle
PROPOSED IMPROVEMENTS
Unit I (Water)
It is proposed to replace an 8-inch water main in Walr~ven Circle and
12-inch water mains in Yates and Bandage Avenue.
Unit II (Streets)
It is proposed to construct 6-inch thick asphaltic concrete pavement with
7-inch high concrete curbs. and 18-inch wide concrete gutters on an 8-inch
thick lime stabilized subgrade, 6-inch thick reinforced concrete driveway
approaches will be constructed where shown on the plans
RECEIPT OF BIDS
Bids for this project were received on August 18, 1988, after being
advertised on July 28 and August 4, 1988, with 60 working days allotted to
complete Unit I and 86 working days for Unit II
Unit I (Water Improvements)
BIDDERS AMOUNT
L D. Conatser, Inc $295,871..20
J.D. Vickers, Inc 297,589 70
Larry H. Jackson, Const., Inc. 299,518 20
Architectural Utilities, Inc. 304,353.55
Steed, Inc 312,163.10
Circle "C" Construction Co 317,814.70
Atkins Brothers Equipment Co., Inc. 318,313.10
Unit II (Street Improvements)
WALRAVEN
HEIRLOOM DR. YATES ST BANDAGE AVE. CIRCLE TOTAL BID
BIDDERS UNIT II-A UNIT II-B UNIT II-C UNIT II-D AMOUNT
APAC-Texas, $67,708.40 $58,028.50 $252,837.50 $ 95,740.00 $474,314.40
Inc., FW Div.
s
~ T
h ~
DATE NUMBER CE sue~ECr AWARD OF CONTRACT FOR RECON- PncE
9-27-88 C=11208 ~T.RUCTION OF PORTIONS OF HEIRLOOM DRIVE, 4 ~
AVENUE, AND RELATED WATER LINE REPLACE-
MENT
Bob Moore, Inc: 71,676.22 56,171.65 253,322.35. 93,705.30 474,875.52
Austin Paving Co. 67,920.01 57,769.10 268,357.40 99,004.10 493,050 61
Walt Williams 72,381.10 59,127.90 267,530.50 97,920 10 496,959.60
J.L Bertram 76,216 42 60,045.65 275,752.25 98,823.40 510,837 72
Const & Engr., Inc.
L Grimes Co., Inc 82,139 60 65,829.00 308,405.00 113,472.75 569,846.35
The two low bidders are in compliance with the City's MBE/WBE policy.
It was stipulated in the contract specifications that one contractor would be
awarded a contract for all four streets combined in Unit II (Street
Improvements) It was further stipulated that Unit I (Water Improvements)
would be awarded under separate contract.
ENGINEER'S ESTIMATE OF COST FOR STREET IMPROVEMENTS
Based on standard City policy and the low bid prices, the following
assessment rates have been established for Sandage Avenue
7-inch high concrete curb and
18-inch wide concrete gutter $ 5.59/L F.
6-inch thick concrete driveway approaches $ 2.78/S.F.
The total cost for street improvements to Sandage Avenue is distributed as
follows
Property owner's share of cost $ 5,265.44 (2%)
City's share of cost $247,572.06 (98%)
PROJECT COST AND FINANCING
Upon approval and completion of the recommended interfund and bond fund
transfers, sufficient funds in the amount of $474,674.40 will be avail able in
Street Improvement Fund 67, Project No. 040138-00 Heirloom Drive, Yates
Street, Sandage Avenue, Walraven Circle, to finance the proposed street
improvements, and sufficient funds in the amount of $314,000.00 will be
available in Water Capital Improvement Fund 53, Project No. 017074-00, Water
Main Replacement in Sandage, Yates and Walraven Streets, to finance the
proposed water improvements
Expenditures will be made from Index Codes 630335 and 620153 respectively.
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR RECON- PaGE
NUMBER STRUCTION OF PORTIONS OF HEIRLOOM DRI E 5 5
°f-~
9-27-88 C-11208
AVENUE, AND RELATED WATER LINE REPLACE-
MENT
Sufficient funds are available in Street Improvement Fund 67, Project
No. 095104-00, Engineering Salaries, to finance engineering, inspection and
administrative costs. Expenditures will be made from Index Code 630004.
DAI m/6
APPROVED BY
CITY COUNCIL
~~~
~fiEg+ l3~c°retaty of th3
~itg of Posf Wast~x, Toxcs~I
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY David Ivor ^ APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEPARTMENT HEAD: ~'ja~"~( Santerre CITY SECRETARY
FOR ADDITIONAL INFORMATION
ONTACT E Drolet 7805 Atlo ted Ordinance Non
P ~~ DATE
C