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Home My WebLink AboutOrdinance 10486ORDINANCE NO ~ U AN ORDINANCE DETERMINING THE NECESSITX FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF BRYANT IRVIN ROAD NORTH, FROM CAMP BOWIE BOULEVARD TO FIFTY-FOUR FEET SOUTH_O_F___ CALMONT AVENUE, AS HEREINAFTER SET FORTH, APPROVING PROJECT PLANS AND SPECIFICATIONS, ORDERING AND APPROVING ESTIMATE OF COSTS, LETTING CONTRACT TO J. L. BER~TRAM CONSTRUCTION AND ENGINEERING, INC.IN THE AMOUNT OF $288,278.10, 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 CITY 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 iI05b 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 Public Works far the City of Fort Worth, Texas (hereinafter referred to as the "Director"}, has proposed the improvement of BRYANT IRVIN ROAD NORTH FROM CAMP BOWIE BOULEVARD TO FIFTY-FOUR FEET SOUTH OF CALMONT AVENUE, which is hereby designated Project No 67-023188-00, (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 i105b and 2368a, and other applicable laws, such that a contract may be awarded for the construction of the Project, NOW, THEREFORE c BE IT ORDAINED BY THE CITX COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT' I There exist a public necessity far 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 $302,692.01. 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/lpths} 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 a) 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, 3. L. BERTRAM CONSTRUCTION AND ENGINEERING. 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 J. L. BERTRAM CONSTRUCTION AND ENGINEERING INC at and for the amount of $288,278.10. To provide for the gayment 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 3 + I r ~J t + • 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 APPRO ED AS TO F M AND LEGALITY' City Attorney Date' 1' .~ e ~. I U '.~ 1 6 ~ 12~1f,10 ~ ,6 '7 ~ ~' ~ EAST FOURTH ST 11 12 1 ~ i i3 i i2 ~ i! ~ 2 12 2 !i i 2 a •s2ii~so f~ so a a ii a so ~ ~ s ~ 3450 s s , s s~ s o so ~ s s~ s s ' s s u s s ~~ ~ s ]v~i s ~60~ i ~ 6ALVEZ ANE ~ IW 7 2 i 2 a s 5 6 7 a. N i 2 a 4 s 6 i~ ~ s a .6 ~ i P 5 s s ~ N 12 ii so sa s ~ A z~ Y B, .. s ~~ •LAMNMOOD AVE ~ TR 3A TR ?9 ~~~~ ~AMNMOOGO~iVE-'r~~~~ TR ,~~~ ~ w, N TR 3 TR 2 1 5 ~ 3D , e w e •^ TR 3C TR 2A 1 2 a 4 6 1 Z a. 6 E 3 i 60,o I TR !M TR a8 Tp S N N:N •N PI'II ^ ~ ~T IiT ~O TR 3G TR aE2 i2 !i 10 ~ 8 7 FISHER AVE ` TR 3D TR 3E TR 3F1 TR aEi iR TR 3F TR 3E3 :~ RPN~ i ~z A' 1659 ' ~ ' 1P~~~IN _ 2 s ~, ~ ~ 2 s S 8 a 6 31 Q TR 1A1 T iC S -~- 13u TR i TR ici c ~: P 6~ ~ m „ o TR 1A t ~ ww~~~~"~e T6i iC2 LL 60 I ~ TR !8 TR iC3 d ~ 81 t ~ ' A~a~ ~ _-_~+- ---~_ i _ p ~~(~ 12 iilio s 6 7 - ~ i 6 R1) I ~~j ENNIS AVE LAWNWOOD AVENUE PARADISE STREET TO S. JUDKINS STREET PROJECT N0. 67-040177-00 EXHIBIT A JANUARY 1990 1 12 S7j10 i B 7 5' 6' I ~~ip~~~ REVISED FEBRUARY 1990 ,E :r~ PROJECT 1i0. 67-040177-OO,LAWNWOOD AVENIIE, UNIT II, FROM PARADISE STREET TO S. JQDRINS STREET, to be improved by constructing six-inch thick reinforced concrete pavement With a seven-inch high attached concrete curb on a six-inch-thick liege stabilised aubgrade, so that the finished roadway vill be thirp feet wide on a sixty foot Right-Of-Way. OWNER i LEGAL DESCRIPTION ------------------------- BEGIpIiIIiG AT PARADISE ST SOUTHSIDE 000002467607 DON E HUBBARD b850 MANHATTAN FORT WORTH, TX 76112 BLR 58 LOT 1 VACANT LOT ZONING lRONTAGE RATE ------ -------- ----- RIVERSIDE ADDITION B 50.00' PAVEMENT 36.59 50.00' CURB 2.33 AMOONT ASSESSMENT 1,829.50 116.50 1,946.00 Assessment set by City Council 1015.00 BEGINNING AT JUDKINS -------------------- NORTHSIDE 000002467445 CURTIS DIXON 2805 LAWNWOOD FORT WORTH, TX 76111 BLK 54 LOT 12 *, VACANT LOT B S0.00' PAVEMENT 34.00' CURB 36.59 1,829.50 2.33 79.22 1908.72 Assessment set by City Council 985.00 -1- ~~ The Assessment Paving Policy as revised Jul? 28, 1987 (MSC G-7160), provides that property soned sad used as oae or two-family residential property in target areas will sot be assessed for street reconstruction. Oader this policy, the owners of the followiaq improved property soned sad used as one and two-family residences will not be assessed. RIVERSIDE ADDITION Block 54 Lots 7, 8, 9, 10, 11 Block 58 Lots 2, 3, 4, 5, 6, Block 59 Lots 1, 2, 3, 4, 5, 6 8H!lPER i BILLINGSLEY SOBDIVISION Lots A, B -2- tv . r' L~WOOD avE~oE 008? DISTRIBOTI011: (A) COST TO PROPERTY OWNERS ................................5 2,000000 (B) COST TO FORT WORTH CITY ................................5 90,527,16 STREET CONSTRUCTION ................5 86,121.10 ENGR. INSP./ADMIN ..................S 4,406.06 (S$ OF BID S 88,121.10) (C) TOTAL ESTIMATED PROJECT COST....., ......................5 92,527.16 LEO'EIiD s Curb Inlet Credit -3- .~ _ _~: II (~ 1) lI ~) ~1~ l//7// ~'~'~1 ~) 11 ~M) ~1 ~/ /J/~ ~/T1~1-~11 MASrER citE•3 ~~,~//®~ ~~~ ~./®/~1VU IV~i1VlV ~®U I/ W~ILIIiU (1~1(i~i~.WlV~ii~y U (L ACCOUNTINq• Z e1%/ 7RAN9P0 TNTlf3T1lPUSUC WORK ;,REFERENCE ~vUMBER SUBJECT AWARD OF CONTRACT FOR THE PAGE ~ ,~ ~ ~ C-12085 ASSESSMENT PAVING OF BRYANT IRVIN ROAD i or _4 rArr.>r A Mlre s r rr , NORTH FROM CAMP RnwrE BOULEVARD TO - -- ` FIFTY-FOUR FEET SOUTH OF CALMONT AVENUE J (J L. BERTRAM CONSTRUCTION & ENGINEERING INC.,, AND J.D. VICKERS, INC.) RECOMMENDATION It is recommended that the City Council. ., 1 approY2~the following fund transfers F-~tOM T0~ AMOUNT REASON 94-009905-00 67-023188-00 $ 32,567.78 To move property Special Assessments Bryant Irvin owners' share of Unspecified Road North cost from Revolving Fund to Project Account. 94-009905-00 67-017049-00 $ 69,620.50 To provide funds Special Assessments Bryant Irvin for the Water Main Unspecified Road North Replacement. 45-60-90-20 53-017049-00 $ 7,000.00 To provide funds Water and Sewer Bryant Irvin for inspection and Operating Road North survey. 2, authorize the City Manager to execute a'contract with J.D. Vickers, Inc., in the amount of $69,620.50 based on the low bid for the water main replacement in Bryant Irvin Road North, 3. authorize the City Manager to execute a contract with J.L .Bertram Construction & Engineering, Inc., in the amount of $288,278.10 and 36 work ing days for the paving of Bryant Irvin Road North from Camp Bowie Boulevard to fifty-four feet south of Calmont Avenue, 4, declare the necessity for and order the improvements to Bryant Irvin Road North from Camp Bowie Boulevard to fifty-four feet south of Calmont Avenue, 5. authorize the assessment of ;~ portion of the cost of the improvements to Bryant Irvin Road North 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, a:> the date of the benefit hearing, 'f' DOTE I NUMBER `E I SUBJECT AWARD OF CONTRACT FOR THE PnGE 1-2-9U C-12085 I ASSESSMENT PAVING OF BRYANT IRVIN ROAD- 2. ~,r4 ----- --- NORTH FROM CAMP BOWIE BOULEVARD TO FIFTY=FOUR FEET SOUTH OF CALMONT AVENUE (J L BERTRAM CONSTRUCTION & ENGINEERING .~ ,~ U INC AND J D VICKERS, INC ) 8 authorize the preparation of assessment rolls and notification~of property owners in accordance with the provisions of Article 11U5b of Verrioi~' s Annotated Ci vi 1 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 DISCUSSION Tfie 198ci-88 Capital Improvement funds for the improvement of Bryant from Camp Bowie Boulevard to I-30 Calmont .Street is the frontage Highways and Public Transportation will reconstruct the fifty-four .Avenue as part of its project Program approved in March, 1986, included Irvin Road North (formerly Guilford Road) road for I-30 The State Department of is in the process of improving I=30 and feet of Bryant Irvin Road south of Calmont Bryant Irvin. Road North is located in Council. District No 7 PROJECT DESCRIPTION STREET, LIMITS WIDTH/FEET ROW WIDTH./FEET Bryan ruin Camp~wie Boulevard Road North to Fifty-Four Feet South of Calmont Avenue PROPOSED IMPROVEMENTS .t It is proposed to improve this segment of Bryant Irvin Road North by constructing a seven-incf~ thick reinforced .concrete pavement with a seven-in.ch high attached concrete curb over a six-inch thick lime stabilized subgrade so that the finished roadway will be forty-four feet wide on a sixty foot right-of-way Six-inch thick concrete driveway approaches and four-inch thick concrete sidewalks will be constructed where shown on the plans RECEIPT OF BIDS Bids for the project were received on November 2, 1989, after being advertised on October 12 and 19, 1989, with sixty working days allotted for the base bid, forty=eight days alloted for Alternate No 1, and thirty-six days allotted for Alternate No 2 Bids received were as follows ;~ _ _ ~5, ~. ,.. DATE REFERENCE SUBJECT PAGE ~ NUMBER AWARD OF CONTRACT FOR THE ~-~-9n r.- »nR~ ASSESSMENT PAVING OF BRYANT IRVIN ROAD ~_ 0,4 FIFTY-FOUR FEET SOUTH OF CALMONT AVENUE {J.L. BERTRAM°CONSTRUCTION & ENGINEERING INC., AND J.D. VLCKERS, INC.) BIDDER WATER-~IVTT I J.D. Vickers, Inc. r Circle C. Construction Co. Steed, Inc. Larry H. Jackson, Const., Tnc. ~_ Tri-Tech Const., Inc. Improvements, Inc. AMOUNT $69,620.50 76,167.00 76,946.00 79,605.00 84,051.00 STREET UNIT II BASE BID ALT. N0. 1 ALT. N0. 2 (60 DAYS) (48 DAYS) (36 DAYS) J.L. Bertram Const & Eng., Inc. $285 ,878.10 $287,078.10 $288,278.10 Walt Williams Const., Inc. . 294,161.15 296,711.15 ~~5 Centerline Constructors, I nc. 307,212.85 No Bid No Bid Austin Paving Co. 328,693.73 336,193.73 338,693.73 Harrod Paving Co. 330,836.60 336,836.60 342,836.60 Larry H. Jackson, Const., Inc. 356,456.00 358,956.00 361,456.00 Bryant Irvin Road North is heavily traveled between Camp Bowie Boulevard and I-30, and 42% of the land abutting the road is commercial property. 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 $288,278.10 and 36 working days as submitted by J.L. Bertram Construction and Engineering, Inc. This recommendation is based on traffic volumes using this roadway, the percentage of commercial development fronting the street, liquidated damages as specified in the contract ($210.00/per day) and the small premium which would be paid in utilizing Alternate No. 2 versus the number of working days which would be saved ($100.00/per day). The low bidders are i~n compliance with the City's DBE Policy. ENGINEER'S ESTIMATE OF COST Based on standard City policy and the low bid prices, the following assessment rates have been established 7 inch ,~th,ick,~concrete pavement $54.51/L.F. 7 irich,`th.ck~`concrete curb $ 2.78/L.F. 6 inch thick ~r'ei~forced concrete $ 3.21/S.F. driveway approaches 4 inch thick reinforced concrete $ 1.71/S.F. sidewalks ~: distributed as follows The total cost "for street improvements to Bryant Irvin Road North is Property owner's share of cost $ 32,567.78 (11%) City's share of cost ~ $270,124.23 (89%) Total Estimated Cost - $~~~r DATE REFERENCE NUMBER SUBJECT AWARD OF CONTRACT FOR THE ~"' "PAGE y'°~~ 2-90 G-12085 ASSESSMENT PAVING OF BRYANT IRVIN ROAD 4 of4 ~ -QOM-~AM~---~ 9Jd-I-E- -- ~ FIFTY-FOUR FEET SOUTH OF CALMONT AVENUE (J .L BEf2TRAM CONSTRUCTION & ENGINEERING INC AND J D. VICKERS, INC ) FINANCING. Sufficient funds are availabl e for transfer as follows: FUND RROJECT PROJECT NAME AMOUNT ~- 0~=U0 Special- ssessments $10~1$S; 28 Unspecified 45 60-90-20 Water and Sewer $, 7,QQ0.00 Operating Total $109,188.28 Upon approval and completion of Recommendation No. 1, funds W11 be available ' as follows FUND PROJECT - - PROJECT NAME AMOUNT bT 0~3T81~=~0 ~ ry a n r v i r~ $ 3~,3bT7 8 Road North 67 017049-QO Bryant Irvin $ 69,620.50 Road North 53 017049-00 Bryant Irvin $ 7,000.00 Road North Total $109,188.28 Funds for the City's share of the street paving cost are available in Street Improvements Fund 67, .Project No. 023188-00, Bryant Irvin Road North Expenditures will be made from Index Codes 630335 for street improvements, 630335 for water replacement, 620294 for water inspection. and 620336 for water survey Sufficient funds are avai lable in Street Improvement Fund 67, Project No. 095106-00, Engineering Salaries, to finance engineering ins ection and administrative costs APPROV~D BY CITY COUNCIL WWW d JqN 2 1990 SUBMITTED FOR THE CITY MANAGER'S OFFICE BV W~ ~ ~ ~ dlil W Wood DISPOSITION BY COUNCIL. PROCESSED BY _ . ^ APPROVED ORIGINATING ^ OTHER (DESC ) DEPARTMENT HEAD• (''1!'~ SOCZptalp Q a thB TY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Martha Lunday x8063 Ado ted O + dinanC@ Noe DATE