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Ordinance 4072
ORDINANCE NO. AN ORDINANCE ACCEPTING THE BID OF LEWIS AND LEWIS FOR THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS TO CERTAIN STREETS WITHIN THE LIMITS AND IN THE UNITS CREATED AND DEFINED BY ORDINANCES ENACTED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH ON THE FOLLOWING DATES: MAY 2, 1958, DECEMBER 31, 1958 AND FEBRUARY 6, 1959; AND ACCEPTING THE BID OF FIRST OF TEXAS CORPORA- TION TO ACT AS FISCAL AGENT OF THE CITY IN CONNECTION WITH SUCH IMPROVEMENTS; AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LEWIS AND LEWIS FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; AUTHORIZING AND INSTRUCTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH, FIRST OF TEXAS CORPORATION EMPLOYING SAID CORPORATION TO ACT AS FISCAL AGENT FOR THE CITY; APPROPRIATING FUNDS FOR THE PURPOSE OF SATISFYING SAID CONTRACTS; MAILING OTHER FINDINGS AND DETERMINATIONS AND ENACTING OTHER PROVISIONS INCIDENT AND RELATING TO THE SUBJECT; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY. WHEREAS, the City Council of the City of Fort Worth has heretofore by ordinances duly passed and enacted on the following dates: May 2, 1958, December 31, 1958 and February 6, 1959, determ- ined and declared the necessity for and ordered the improvement ©f the hereinafter described streets and avenues or portions thereof of the City of Fort Worth, within the limits and in the units cre- ated and defined by said ordinances, and has determined to assess a portion of the cost of the improvements against the properties abutting the streets and avenues or portions thereof to be improved and against the real and true owners thereof, said streets and avenues or portions thereof being described as follows, to-wit: WHEREAS, the Public Works Director (City Engineer) has caused to be prepared plans and specifications for the construc- tion of the improvements to said streets and avenues or portions thereof; and WHEREAS, the City Council has by ordinances duly enacted approved such plans and specifications, and ordered the City Secre- tary to advertise for sealed bids; and WHEREAS, due advertisement has been made that sealed bids would be received in the Office of the City Secretary in the City Hall in the City of Fort Worth until 10:00 AM, March 3, 1959, for the construction of the aforementioned improvements and for the furnishing of certain fiscal agency services to said City is the event the City should determine to employ a fiscal agent; and WHEREAS, pursuant to such advertisement for bids, all bids were duly received in the Office of theCity Secretary of the City of Fort Worth and at 10:00 AM, March 3, 1959, publicly opened and read aloud; and WHEREAS, after careful consideration of all bids received, the City Council now finds that the bid of LEWIS AND LEWIS, a part- nership composed of E. DON LEWIS and MRS. ADA B. LEWIS, both resi- dents of Tarrant County, Texas, which submitted a bid on proposal No. 2, when taken into consideration with the proposal of FIRST OF TEXAS CORPORATION to act as the City's Fiscal Agent, is the most advantageous bid for the City to accept, and that LEWIS AND LEWIS and FIRST OF TEXAS CORPORATION are both responsible parties, and that LEWIS AND LEWIS is the lowest and best bidder on the cash basis and that said bid is fair and reasonable, and that FIRST OF TEXAS CORPORATION, a corporation with its principal office in San Antonio, Bexar County, Texas, is the lowest and best bidder on the proposed fiscal agency contract and that its proposal is fair and reasonable; and that said company has satisfied both the City and LEWIS _AND LEWIS of its financial responsibility; and that under such combined bids, the total cost of the improvements will be substantially less than the cost of such improvements would be if the lowest and best bid on the Bid No. 1 bid prices were to be accepted; and WHEREAS, it is now the desire of the City Council to ac- cept the bid of LEWIS AND LEWIS at and for the prices bid under its Bid No. 2 proposal (Alternate No. 3); and to also accept the bid of FIRST OF TEXAS CORPORATION to act as Fiscal Agent of said City and to authorize the execution of contracts in conformity therewith, and to make and provide for the appropriation of funds to pay the City's costs arising under such contracts; and WHEREAS, said proposal of LEWIS AND LEWIS reads as follows: P R O P O S A L TO: Mr. J. F. Davis Fort Worth, Texas City Manager March 3, 1959 Fort Worth, Texas FOR: CONSTRUCTION OF ASSESSMENT PAVING ON VARIOUS STREETS AT 30 LOCATIONS THE CITY OF FORT WORM, TEXAS (A - Pursuant to the foregoing "Notice to Bidders," the under- signed has thoroughly examined the Plans, Specifications, and the Site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work, as provided in the Plans and Specifications, and subject to the inspection and approval of the Public Works Director of the City of Fort Worth and binds him- self on acceptance of this Proposal by the City Council to execute a Contract and furnish Performance and Maintenance Bonds approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: PAY APPROXIMATE ITEMS WITH BID PRICES UNIT BID AMOUNT ITEM QUANTITY WRITTEN IN WORDS PRICE BID BID NO. 2 (Per Article No. 2 of S ecial Provisions) Cash Procedure (With Fiscal.Agent3 2.1 29,200 C Y Unclassified Street Excavation @ Ninety Cents per C Y $ .9c. $26,280.00 2.2 43,400 L F Combined 8" Curb and 2' Gutter @ One Dollar and Eighty Cents per L F 1.80 78,120.00 2.3 1,270 S F Std. 5" Sidewalk @ Fifty Cents per S F .50 635.00 2.4 200 S F Std. Drive Approach @ Sixty Cents per S F .60 120.00 2.5 40 L F Concrete Steps @ Two Dollars per L F 2.00 80.00 2.6 1,430 L F Remove Existing Curb @ Twenty Cents per L F .20 286.00 2.7 2,860 S F Remove Existing Gutter @ Twenty Cents per S F .20 572.00 2.8 1,270 S F Remove Existing Walk @ Twenty Cents per S F .20 254.00 2.9 200 S F Remove Existing Driveways @ Twenty Cents per S F .20 40.00 2.10 40 L F Remove Existing Steps @ Fifty Cents per L F .50 20.00 2.11 2 each Remove Existing Inlets @ Fifty Dollars each 50.00 100.00 2.12 200 C Y Unclassified Channel Excava- tion @ One Dollar per C Y 1.00 200,00 2.13 1,950 C Y Unclassified Trench Excavation @ Three Dollars Ten Cents per C Y 3.10 6,o45.00 2.14 132 L F Std. 36" Reinf. Cone. Culv. Pipe @ Seven Dollars Seventy- five Cents per L F 7.75 1,023.00 PAY APPROXIMATE ITEMS WITH BID PRICES UNIT BID AMOUNT ITEM QUANTITY WRITTEN IN WORDS PRICE BID 2.15 222 L F Std. 33" Reinf. Cone. Culv. Pipe @ Seven Dollars Fifty Cents per L F $7.50 $ 1,665.00 2.16 755 L F Std. 27" Reinf. Cone. Culv. Pipe @ Six Dollars Forty Cents per L F 6.40 4,832.00 2.17 272 L F Std. 24" Reinf. Cone. Culv. Pipe @ Five Dollars Seventy Cents per L F 5.70 1,550.40 2.18 172 L F Std. 21" Reinf. Cone. Culv. Pipe @ Four Dollars Ninety- five Cents per L F 4.95 851.46 2.19 253 L F Std. 18" Reinf. Cone. Culv. Pipe @ Four Dollars Fifteen Cents per L F 4.15 1,049.95 2.20 2 each Std. 4' Square Manholes @ Two Hundred Seventy Dollars each 270.00 540.00 2.21 4 each Std. 5 Sided Manholes @ Three Hundred Ninety Dollars each 390.00 1,560.00 2.22 10 each Std. 10' Reinf. Cone. Inlets @ Two Hundred Twenty-five Dollars each 225.00 2,250.00 2.23 16 each Std. 5' Reinf. Cone. Inlets @ One Hundred Seventy Dollars each 170.00 2,720.00 2.24 7 C Y Concrete for Aproft @ Forty- Five Dollars per U Y 45.00 315.00 SUB-TOTAL (BID NO. 2) $131,108.75 ALTERNATE TYPES OF PAVEMENT 2.25 75,300 S Y 6" Reinforced Concrete Pavement - No Bid - 2.26 75,300 S Y 1j" Hot Mix Asphaltic Cone. Surface @ Seventy-two Cents per S Y .72 54,216.00 2.27 75,300 S Y 5" Reinforced Concrete Base - No Bid - 2.28 75,300 S Y 7P Flexible Base (Cr.-run Crushed Limestone) @ One Dollar Forty Cents per S Y 1.40 105,420.00 2.29 75,300 S Y 51" Flexible Base (Crusher-run) with 2" Hot Mix Asphaltic Concrete Binder @ One Dollar Ninety Cents per S Y 1.90 143,070.00 2.30 75,300 S Y 7" Cement Stabilized Base (Gravel) - No Bid - TOTAL COST OF PROJECT: BID NO. 2 ( WITH FISCAL AGENT ) ALTERNATE NO. 1: With Reinforced Concrete Pavement: Sub-Total plus Item No. 2.25 No Bid. ALTERNATE NO. 2: With 1j" Hot Mix Concrete Surface on 5" Reinf. Concrete Base: Sub-Total, Plus Items No, 2.26 and 2.27 No Bid AIIPERNATE NO. 3: With 1j" Hot Mix Asph. Concrete Surface on 7*" Flexible Base (Crusher-run): Sub-Total plus Items No. 2.26 and 2.28 $ 290,744.75 ALTERNATE NO. 4: With 1j" Hot Mix Asphalt Concrete Surface on 5P Flexible Base (Crusher-run) and 2" Hot Mix Asphalt Concrete Binder: Sub-Total, plus Items No. 2.26 and 2.29 " 328,394.75 ALTERNATE NO. 5: With 1j" Hot Mix Asph. Concrete Surface on 7" Cement Stabilized Base (Gravel): Sub-Total plus Items No. 2.26 and 2.30 No Bid The undersigned agrees to complete all work covered by these Con- tract Documents within One Hundred Fifty (150) working days from and after the date for commencing work as set forth in the written Work Order to be issued by the Owner. Within ten (10) days of receipt of notice of acceptance of this Bid, the undersigned will execute the formal contract and will deliver approved Surety Bonds for the faithful performance and maintenance of this Contract. The attached deposit check in the sum of is Po become the property of the City of Fort Worth, Texas, orrFie attached Bidder's Bond is to be forfeited, in the event the Contract and. Bonds are not executed within the time set forth as liquidated damages for delay and additional work caused thereby. RESPECTFULLY SUBMITTED, LEWIS AND LEWIS WHEREAS, said proposal of FIRST OF TEXAS CORPORATION reads as follows: P R O P O S A L TO: Mr. J. F. Davis Fort Worth, Texas City Manager March 3, 1959 Fort Worth, Texas FOR: FURNISHING FISCAL AGENT'S SERVICES FOR CONSTRUCTION OF ASSESSMENT PAVING ON VARIOUS STREETS IN THE CITY OF FORT WORTH, TEXAS (AP 59-16) FISCAL AGENT'S BID FORM The undersigned, FIRST OF TEXAS CORPORATION, hereby agrees to perform all the services of a Fiscal Agent under Article No. 2 (paragraph 11B) of the Special Provisions incorporated into the contractual documents for a fee of 13.5% of the contract price for the completed street improvements in all Units, based on the Engin- eer's Final Estimate of completed quantities for such Units, to be paid in the manner and at the time as set out in the proposed con- tract to be entered into between the City of Fort Worth and the Fiscal Agent, a copy of which is attached to the bidding documents. This bid is contingent on the fact that the City of Fort Worth will pay not less than 40% of the total construction cost and that not more than 60% will be assessed against the abutting property owners. In the event the City's percentage should fall below 40% of the total construction cost, this bid will be increased by the same percentage as the percentage difference between 40% City participa- tion and lesser percent of City participation. 1. It is understood that the City's share of the cost, is estimated to be 40 per cent of the final contract cost of the con- struction contract as well as the Fiscal Agent's fee of 13.5 per cent of that amount. 2. Should the City's share of the costs stated above in paragraph 1 fall below 40 per cent, the Fiscal Agent's fee shall increase accordingly, as shown on the following table: CITY'S SHARE OF COST FISCAL AGENT'S FEE 40 per cent or more 135 per cent 35 per cent 15:1875 per cent 30 per cent 16875 per cent 25 per cent 18:5625 per cent 20 per cent 20.25 per cent Should the City's share fall between the above percentages, the amount of the Fiscal Agent's fee shall be interpolated based on the above figures. FIRST OF TEXAS CORPORATION By /s/ W. W. Payne President Suite 604 201 North St. Mary's San Antonio 5, Texas NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: I That the bid of LEWIS AND LEWIS on its Bid No. 2 proposal (cash basis)(Alternate No. 3) is hereby accepted, and the City Man- ager of the City of Fort Worth is hereby authorized and directed to enter into a contract, and the City Secretary is authorized to affix the seal of the City thereto and attest same, with said LEWIS AND LEWIS, based upon said bidder's Bid No. 2 proposal (cash basis) (Alternate No. 3), which contract shall be in words and figures as set forth_in the contract documents, heretofore approved by the City, Council of the City of Fort Worth. II That said contract, after it has been executed by the City Manager of the City and attested by the City Secretary, and after said LEWIS AND LEWIS has executed same, shall be submitted to this City Council, together with the 100% performance bond furnished by said LEWIS AND LEWIS for ratification and approval. ' a III That the City Manager of the City of Fort Worth is hereby authorized to enter into a contract, and the City Secretary is auth- orized to affix the seal of the City thereto and attest same, with FIRST OF TEXAS CORPORATION, which contract shall be in words and figures as set forth in the contract documents, heretofore approved by the City Council of the City of Fort Worth. IV That it appearing that the Director of Finance has certi- fied to the City Council that the money hereinafter appropriated is in the Treasury to the credit of the funds set forth below and has not been appropriated for any other purpose, the sum of #/6$000 0 O shall be and it is hereby appropriated ouut of such un- appropriated monies in the Street /mproverne,-W fund for the purpose of satisfying all amounts which the City will be obligated to pay to said LEWIS AND LEWIS on said construction contract and the sum off/68 OOO.00is hgby appropriated gut of such unappropriated monies iKi the 51r'Ce 177/�rcveme/>* fund for the purpose of satisfying all amountAwhich the City will be obligated to pay to said FIRST OF TEXAS CORPORATION on said fiscal agency contract. The appropriations hereby made shall be reflected on the proper books and records of the City and such ap- propriated monies shall be used for no other purpose until the final amounts due to LEWIS AND LEWIS and to FIRST OF TEXAS CORPORA- TION have been paid and satisfied and any balance of the money hereby appropriated then remaining may become and shall be avail- able for further use and appropriation for the purpose for which said monies were originally budgeted into such fund. V That the Public Works Director (City Engineer) and the City's Fiscal Agent shall immediately begin the preparation of a property owners' roll and of an Engineer's estimate of costs of the street improvements in each unit, and an estimate of the cast of such improvements in each unit on a front foot basis, which said property owners' roll and estimate shall be submitted to the City Council as soon as reasonably possible. In preparing such estimates the City Engineer (Public Works Director) shall include no part of the fee of the Fiscal Agent, nor any part of the cost of engineering nor any part of bid items 2.3 ,through 2.24 in the costs to be assessed against the owners of abutting property and their properties. VI That this ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: 7 fly Attorney WM UNIT STREET OR AVENUE FROM TO 1 Ramona Drive Northerly line of Southerly line of US Highway No. 80 Slocum Avenue 2 Ramona Drive Northerly line of Southerly line of Ruby Place US Highway No. 80 3 Olive Place Northerly line of Southerly line of Locke Avenue Malvey Street 4 Olive Place Southerly line of Southerly line of Malvey Street Calmont Avenue 5 Hemsell Place Westerly line of Easterly line of Olive Place Sappington Place 6 Fairfax Avenue Southerly line of Northerly line of Garza Avenue to the Garza Avenue to the West East 7 East Baker Street Easterly line of the Westerly line of North-South Freeway Evans Avenue 8 Fuller Street Easterly line of Westerly line of James Street Ryan Avenue 9 Fuller Street Westerly line of Easterly line of Ryan Avenue Sixth Avenue 10 West Shaw Street Easterly line of Westerly line of Cleburne Road Frazier Avenue 11 West Shaw Street Westerly line of Westerly line of Frazier Avenue Townsend Drive 12 West Cooper St Westerly line of Easterly line of Eleventh Avenue Orr Street 13 West Terrell Ave Westerly line of Easterly line of Eleventh Avenue Orr Street 14 West Butler St Easterly line of Westerly line of Park Ridge Blvd South University Drive 15 East Dashwood St Easterly line of Westerly line of Evans Avenue New York Avenue 16 Weiler Boulevard Northerly line of Southerly line of Jewell Avenue Meadowbrook Drive 17 Janace Lane Northerly line of 100' South of the Beaty Street South line of Jewell Ave 18 Avenue "L" Westerly line of Westerly line of Lot 4, Conner Avenue Dunlap's Subdivision 19 Primrose Street Westerly line of Easterly line of Beach Street Gilcrest Street UNIT STREET OR AVENUE FROM TO 20 Denman Street Easterly line of Westerly line of Wichita Street Foard Street 21 Tallmon Street Northerly line of Southerly line of Martin Street Knox Street 22 Ross Avenue Southerly line of Northerly line of NW Thirty-Sixth St NW Thirty-Fifth St NW Thirty-Fifth St (An off-set in Ross Avenue) Easterly line of Westerly line of Ross Avenue to the Ross Avenue to the North South Ross Avenue Southerly line of Northerly line of NW Thirty-Fifth St NW Thirty-Fourth St 23 North Calhoun St Northerly line of Southerly line of NE Thirty-Third St NE Thirty-Fourth St 24 McCandless Street Southwesterly line of Northeasterly line of Azle Street NW Twenty-Third St 25 NW Loraine Street Northwesterly line of Southeasterly line of Rock Island Avenue McCandless Street 26 NW .Twenty-Second Northwesterly line Southeasterly line of Kearney Street of Lydon Street 27 NW Twenty-Third Northwesterly line Southeasterly line of Menefee Street of Long Avenue 28 Fernwood Street 150' South of the 1501 North of the Southerly line of Northerly line of Walnut Drive Sundown Drive 29 Sundown Drive Westerly line of Easterly line of Sam Calloway Road Fernwood Street 30 Orr Street Southerly line of Southerly line of Cooper Street Terrell Avenue —-...�—. _ tP�ISfiFRle1F-wit.."eR YO�•.��F'lLi11� ...... ORDINANCE No `�` a�o Titl Adopted Final Adoption Publisher Filed-4 ay of City Secretary — 7-2 . P. O.No. 14965-A