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HomeMy WebLinkAboutOrdinance 9913ORDINANCE N0, AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF THOMPSON RD. AND NORTH BEACH ST., AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COST5; LETTING CONTRACT TO J. L. BERTRAM CONSTRUCTION & ENGINEERING, INC. FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVES; 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 IMPROVIIKII~T'S; 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 'I'0 SAID STREET IMPI~VFY~IIIVTS ARE AND SHALL BE IN ACCORDANCE WITH ARTICLE 11O5b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY OOPYING 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 Thompson Road & North Beach St. which is hereby designated Project No. 90-136022-00 , (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 sidecralks and any appurtenances or incidentals thereto, including drains or culverts; WHERF.A5, 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 11O5b 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 COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: -1- I. There exists a public necessity for the improvement of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, to wit: THOI~SON ROAD - From North Beach Street to ap roximately 3005 linear feet west, and NORTH BEACH STREET - From 116 linear feet on the north side to 116 linear feet on the south side of Tho on Road. and it is hereby ordered that the Project be carried out and constructed according to the Plans and Specifications, and any amendments thereto, for Project No. 90-136022-00 , said Plans and Specifications being hereby specifically approved and adopted. II . The estimated cost of the Project based on the estimate of the City Engineer is $ 531,594.54 The estimated cost of the Project shall be paid partly by the City of Fort Worth, partly by assessments to the property abutting the Project and the owners thereof and partly by the City of Haltom City. 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 and the City of Haltom City 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 beset 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 ©irector 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 J.L. Bertram Construction & Engineering, Inc, having been found to be the lowest and best bid for the making and construction of said Project, the contract therfor is hereby awarded to J.L. Bertram Construction & Engineering., Inc., at and for the amount of $ 495,168.~~ 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 18th day of August, 1987 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 nd~effect from and after the date of its passage. / 1 PAS AND APPROVF~ THIS ~/ DAY f / 19~. ~ APPROVID AS 'Ili EURM AND LEGALITY .~-- City Attorney Date: ~. - ~ S - ~ 1 -4- _` MASTER FILE T,~ ACCOUNTINd 2 ~"^ 1'RANSPOTtTATION'PUBLI 'Y ;t~~y®~e HATER ADtd1NISiRATit}f1 4 City of Fo~°t W®rth, ~e.~c~~ DATE REFERENCE SUBJECTI~IWHKU Ur I.UIV I KHI. I rUK HJJtJJMtN I I' V1NGpAGE NUMBER OF THOMPSON ROAD FROM NO BEACH STREET 4 7-21-87 C-10418 TO 3005 FEET WEST, AND NORTH BEACH STREE lof RECOMMENDATION It is recommended that the City Council: 1 approve the following bond fund transfer FROM TO AMOUNT REASON 94-009905-00 94-136022-00 $359,960.38 To provide funds Special Street and Drainage for the property Assessment Fund Improvements, Thompson owner's share of Road and North Beach the street con- Street Assessment Paving struction cost 90-136901-00 90-136022-00 $ 19,471 78 To provide funds New Development, Street and Drainage for the City's Unspecified Improvements, Thompson share of construc- Road and North Beach tion cost Street Assessment Paving 94-009905-00, 94-032035-00 $ 10,489 95 To provide funds Special Street Lights for Thompson for the property Assessment Fund Road and North Beach owner's share of Street Assessment Paving the street light cost. 2 authorize the City Manager to execute a contract with J L Bertram Construction and Engineering Company in the amount of $495,168.09. for Street and Drainage Improvements for Thompson Road and North Beach Street Assessment Paving based on its lowest responsive bid, 3. authorize the assessment of a portion of the cost of the improvements against the owners of the abutting property, 4. approve the estimate of cost and amounts to be assessed as stated in the Engineer's estimate, 5. establish August 18, 1987, as the date of the benefit hearing, 6. 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 7. adopt an ordinance reflecting the City Council's authorization and approval of Items 2 through 6 above, and other applicable requirements of Article 1105b, Vernon's Annotated Texas Statutes. .~ ~; DATE REFERENCE suB~ECTAWARD OF CONTRACT FOR ASSESSMENT P VINGPACE NUMBER OF THOMPSON ROAD FROM NO BEACH STREET 2 4 7-21-87 C-10418_` TO 3005 FEET WEST, AND NORTH BEACH STREE -----°f 116 FEET NORTH AND SOUTH OF THOMPSON R AD ..-. t BACKGROUND On March 24, 1987 (M&C C-10185), the City Council approved the contract for the installation of Community Facilities for Heritage Elementary School Under the contract, Thompson Road will be improved from North Beach Street westerly an approximate distance of 3005 feet. Thompson Road, when completed, will provide safe access for bus and vehicular traffic primarily serving the Heritage Elementary School site. This project is in Council District No. 2 PROJECT DESCRIPTION ROADWAY R.0 W. STREET LIMITS WIDTH-FEET WIDTH - FEET Thompson Road N. Beach Street 48 68 westerly approximately 3,005 linear feet North Beach Street 116 ft North of, and 36 60 (Half ROW) (West Half) 116 ft South of Thompson 120 (Future ROW) Road Intersection IMPROVEMENTS ' Thompson Road is to be improved by constructing a four lane undivided minor arterial type roadway of seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high concrete attached curb. A double eight-foot by five-foot reinforced concrete box culvert and other storm drain facilities will also be installed. North Beach Street (west half) is to be improved by constructing a seven inch thick reinforced concrete pavement on a six inch thick lime stabilized subgrade with seven inch high concrete attached curb This improvement will comprise the ultimate south bound lanes. Street lights will be installed under a separate contract at a later date RECEIPT OF BIDS Bids for this project were received on June 18, 1987, after being advertised on May 28 and June 4, 1987, with 73 working days allowed for construction. ~ - ~ ,. A total of eight bids were received as follows -~ ~f DATE REFERENCE suB~ECTAWARD OF CONTRACT FOR ASSESSMENT P VINGPA~E NUMBER OF THOMPSON ROAD FROM NO BEACH STREET 3 4 7-21-87 C-10418 TO 3_005 FEET WEST, AND NORTH BEACH STREE ---_ or _._-_ - -- -- ----116 FEE--~~H~N D S OUT i~-6F-TiT6Pf . BIDDER AMOUNT J L Bertram, Construction & Engineering ~ X495,168 09 APAC-Texas Inc Texas Bitulithic Division 511,546 30 Olmos Equipment Co Inc. 532,503 00 Austin Road Co. 549,442 28 L.D Conatser, Contractors 550,012 00 SRO Asphalt, Inc. 552,036 25 Ed Bell Construction Co 556,861 16 Walt Williams Construction, Inc 569,575.70 The low bidder has complied with the City of Fort Worth Minority Business Enterprise Policy ENGINEER'S ESTIMATE OF COST Based on standard City policy and the low bid unit prices, the following assessment rates have been established 7 inch thick reinforced concrete pavement 26' Wide $50 14 24' Wide $46 34 20' Wide $38.53 7 inch high concrete curb $ 2 40 Storm Drainage #1 $14 21 Storm Drainage #2 $ 3 12 *Street Lights $ i.87 Utilit y Adjustment $ 4 03 6 inch thick reinforced concrete driveway approaches $ 2 61 *Estimated, will be installed under separate contract at a later date The division of cost for the project is distributed as follows Total Cost to Property Owners Total Cost to City of Fort Worth FINANCING /L F /L F /L F /L F /L F /L F. /L F /L F /S F $415,559 36 (78%) $116,035 18 (22/) The street improvement cost to the property owners is $403,891 31 of which $43,930 93 has been prepaid The balance of $359,960 38 will be provided by a bond fund transfer from Account 94-009905-00, Special Assessment Fund., where sufficient funds are available, to Project Account 94-136022-00, Thompson Road and North Beach Street Assessment Paving The cost to property owners for street lights is $11,668.05., of which $l,dl7~ 1~ has been prepaid The balance of $10,489.95 will be provided by a bon un transfer from Account No. 94-009905-00, Special Assessments Unspecified, where DATE REFERENCE suB~ECTAWARD OF CONTRACT FOR ASSESSMENT P VINGPAGE NUMBER OF THOMPSON ROAD FROM NO BEACH STREET 4 4 7-21-87 C-10418 TO 3005 FEET WEST, AND NORTH BEACH STREE °` ____®_ ___ 116 FEET NORTH AND SOUTH 0~-'TFT6MP~6N sufficient funds are available, to Project Account No. 032035-00, Thompson Road and North Beach Street Lights A bond fund transfer in the amount of $19,471 78 from New Development Fund 90, Account No. 136901-00, New Development Unspecified (where sufficient funds are available) will be necessary to supplement the existing balance of $71,805 00 in the Project Account, 136022-00, Thompson Road and Beach Street, to finance the City's portion of the construction cost The expenditure will be made from Index Code 621458. The total City cost is $116,035 18 for construction and includes $24,758 40 (5q) for construction engineering and administration Inspection and administration costs will be paid from Street Improvement Fund 90, Account No 90-095103-00, Engineering Salaries, where sufficient funds are available The Index Code for inspection labor (621227) and administration labor (621169) will be used DAI dz APPROVED BY CITY COUNCIL JUL ~>t 197 ~~m~~ City Seczetnzy of the City of Fort Worth, Texa» Adopted Ordinance No. ~~-~ _ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED E3Y OFFICE BY ~' 9 rj APPROVED ORIGINATING ~~ OTHER (DESCRIBE) DEPARTMENT HEAD Gary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT E Drolet 7805 DATE .~