HomeMy WebLinkAboutOrdinance 9855`P
ORDINANCE N0. ~~~~
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPI~VEMENT OF OLD BENBROOK ROAD ,
AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND
SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING
CONTRACT 'PO AUSTIN ROAD COMPANY FOR THE
MAKING CONSTRUCTION OF SUCH IMPROVEI~IENi'S ; 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 IMPROVEMII~PrS; DIRECTING THE CITY SECRETARY TO FILE A
NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUN'T'Y CLERK OF
TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL
SUffiEQUENT 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.
W[~REAS, 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 Old Benbrook Road which is hereby designated
Project No. 21-022162-00 (said improvements being hereinafter referred
to as the "Project");
WHEREAS, the Project shall entail the improv~nent 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;
WEIEREAS, 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; I~TJW, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT:
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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: OLD BENBROOK ROAD - From Kermit Avenue to Vickery Boulevard
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. 21-022162-00 , 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
$ 878,290.79 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 (9/10ths) 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 ovazers 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 ovomer 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.
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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 advertis~nent, as required by Articles
1105b and 2368a and the lowest bid of Austin Road Company ,
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 Austin Road
Company , at and for the amount of $ 836,467.42 .
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 7th day of May, 1987 at
7:00 P.M.
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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 Secreta"ry 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.
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VII.
This ordinance shall take effect and be in full force and effect from and after
the date of its passage.
PASSED AND APPROVED TE3IS DAY OF
APPROVID AS TO FORM AND LEGALITY:
~~'~'~ C ty Attorney
Date:
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DAT ~ -: REFERENCE SUBJECT AWARD OF CONTRACT FOR ASSESSM NT PAGE
NUMBER AUING OF OLD BENBROOK ROAD, REPLACEMENT F 4
_ 4-7-8T- --- C-10216 N 8 INCH WATER MAIN AND RELOCATION OF A 0 1°f
- _ ____ _ - ~' INCH SANITARY SEWER MAIN- FROM KERMIT AVENUE
-- - --- - ~._ ~ ~_~`~ TO W. VICKERY BOULEVARD
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____ RECOMMENDATION
It is recommended that the City Council:
1, authorize a fund transfer in the amount of $105,000.00 from Water Capital
Improvement Fund 53, Project No. 015901-00, Unspecified to Water Capital
Improvement Fund 53, Project No. 035193-00, Old Benbrook Road, Kermit
Avenue to W. Vickery Boulevard, (includes $10,151 for engineering
inspection and administration),
2. authorize a fund transfer in~the amount of $30,000: from Sewer Capital
improvements Fund 58, Project No. 013901-00, Unspecified to Sewer Capital
Improvement Fund 58, Project No. 017021-00, Old Benbrook Road, Kermit
Avenue to W. Vickery Boulevard (Includes $3,620.50 for engineering
inspection and administration;
3. authorize the City Manager to execute a contract with M-Co Construction
Company in the amount of $121,228.50 based on its low bid for replacement
of an 8-inch water main and the relocation of a 10-inch sanitary sewer
main in Old Benbrook Road,
4. authorize the City Manager to approve the following bond fund transfers:
94-009905-00 94-022162-00 $177,086.32 To provide funds for
Special Assessments Old Benbrook Road the property owner's
Unspecified Kermit to W. Vickery share of the con-
struction cost.
21-022901-00 21-022162-00 $210,436.09 To provide funds for
Arterial Streets Old Benbrook Road the City's share of
Unspecified Kermit to W. Vickery the construction
cost.
30-023.901-00 30-022162-00 $218,890.74 To provide funds for
Major Thoroughfare Old Benbrook Road, the City's share of
Unspecified Kermit to W. Vickery the construction
cost.
J 5. authorize the City Manager to execute a contract with Austin Road Company
in the amount of $836,467.42 based on its low bid for the reconstruction
of Old Benbrook Road from Kermit Avenue to W. Vickery Boulevard;
6. authorize the assessment of a portion of the cost of the reconstruction
improvements against the owners of the abutting property,
7. approve the estimate of cost and amounts to be assessed as stated in the
engineer's estimate,
DATE REFERENCE SUBj~ h1w/inu ur wiv i rtr1t, i run I1JJG,7~1 ~ AGE
NUMBER p VING OF OLD BENBROOK ROAD, REPLACEMENT~O ~ 4
4-7-87 C-10216 A 8 INCH WATER MAIN AND RELOCATION OF A l s or
TO W. VICKERY BOl1L"EVARD ~~~--~ •- e, - _I
8. establish May 7, 1987, as the date of the benefit hear in g,
9, 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
10. adopt an ordinance reflecting the City Council's authorization and
approval of Items 5 through 9 above, and other applicable requirements of
Article 1105b, Vernon's Annotated Texas Statutes.
BACKGROUND ,
The reconstruction of Old Benbrook Road from Kermit Avenue to W. Vickery
Boulevard was included as a collector street in the 1978-81 Capital Improvement
Program. Design engineering was begun in late 1980 and was completed in early
1984; at which time right-of-way and utility clearances were requested. These
clearanceswere not finally received until November, 1.986. The long delay was
due to diffi~cultji in acquiring necessary rights-of-way and the interface with
the State Department of Highways and Public Transportation's Urban Systems
Project on W. Vickery Boulevard. The reconstruction includes an extensive storm
drain system which outf alls through. the W. Vickery Road project. A portion of
the' proposed drainage system will require relocating an ex fisting sanitary sewer
1'i'rre"for, which 'the Transportation and Public Works Department will reimburse
'the Water 'Department 100% of the relocation cost.
This project is located in Council District No. 3.
PROJECT DESCRIPTION
ROADWAY R.O.W.
STREET LIMITS WIDTH-FEET WIDTH-FEET
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Old Benbrook' Kermit Avenue 40 60
Road ~. to W. Vickery Boulevard
IMPROVEMENTS
Old Benbrook Road is to be improved by constructing a seven-inch thick
reinforced concrete pavement with seven inch high attached concrete curb on a
six-inch thick lime stabilized subgrade so that the finished roadway will. be 40
feet in width.
The Water Department will replace an aged 8-inch water line and will relocate a
10-inch sanitary sewer main.
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DATE RE RENCE SUBJECT: AWARD O ~ - NTRACT FOR ASSESSME T PAGE
..NUMBER p VING OF OLD BENBROOK ROAD, REPLACEMENT 0 3 4
4-7-87 C-10216 INCH WATER MAIN AND RELOCATION OF A 1 °f
INCW.SAN.ITARY SEWER MAIN FROM KERMIT AVENUE
TO W. HICK"ERY BOULEVARD
RECEIPT OF BIDS
Bids for this project were received on February 12, 1987, after being
advertised on January 22 and 29th, 1987, with 141 working, days allotted to
complete the reconstruction project. The bids are tabulated as follows:
BIDDER AMOUNT
UNIT I (Water and Sewer)
M-Co Construction Company $121,228.50
ABC Utilities Services, Inc. 128,175.36
L.D. Conatser' Contractors 128,831.00
Atkins Bros. Equipment Co., Inc. 141,872.00
Larry H. Jackson Construction, Inc. 145,366.50
J.D. Vickers, Inc. 152,806.60
Circle C Construction Company 163,769.00
Texas Diggers, Inc. 167,627.00
Architectural Utilities, Inc. 179,485.20
UNIT II (Streets)
Austin Road Company $836,467.42
J.L. Bertram Const. & Engineering Co. 877,844.62
S.R.O. Asphalt, Inc. 896,153.12
Mason Construction Co. 941,061.55
Ed Bell Construction Co. 945,716.22
L.H'. Lacy Company 953,525.50
APAC Texas, Inc. 959,383.95
The two low bidders have complied with the City of Fort Worth .Minority Business
Enterprise Policy for this project.
ENGINEER'S ESTIMATE OF COST
Based on standard City policy and the low bi'd prices, the following assessment
rates have been established
7-inch thick reinforced concrete pavement. $30.25/L.F.
7=inch high attached concrete curb. $ 1.48/L.F.
6-inch thick concrete driveway approaches• $ 2.23/S.F.
The assessment rate results in the following division of cost
Total Cost to Property Owners
Total Cost to City of Fort Worth
$177,086.32
$701,204.47
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DATE REFERENCE
NUMBER su cT AWARD OF CONTRACT FOR ASSE EN PAGE
pA ING OF OLD BENBROOK ROAD, REPLACEMENT OF 4 4
4-7-87 C-10216 AN 8 INCH WATER MAIN AND RELOCATION OF A 10 -- -°r__._
INCH SANITARY SEWER MAIN FROM KERMIi. Y
TO W. VICKERY BOULEVARD " C~~ CQUNL'1L
~~R ~ 1~6
FINANCING
UNIT I
A fund transfer will be necessary from Water Capital Irt~rc~u~m-enrtAf4F~and 53
,
Project No. 015901-00, Unspecified (in which sufficient fund~tyal>^~fl~aL~~zi~l~a~b~l~e) to
Water Capital Improvement Fund 53, Project No. 035193-00, 8-inch Water Main
Replacement in Old Benbrook Road to fund the replacement of the water main.
Expenditures will be made from Index Code 620153.
A fund transfer will be required from Sewer Capital Improvement Unspecified
Fund 58, Project No. 013901-00, Unspecified (in which sufficient funds are
available) to Sewer Capital Improvement Fund 58, Project No. 017021-00,
Relocation of Sanitary Sewer M-186 in Old Benbrook Road to fund the
relocation of the sewer main. Expenditures will be made from Index Code 658815.
UNIT II
Based on the low bid of $836,467.42 for street improvements, $177,086.32 is
anticipated to be the property owner's share of the project costs. This amount
will be provided by a bond fund transfer from Fund 94, Account No. 009905-00,
Special Assessments Unspecified, (where sufficient funds are available), to
Account No. 022162-00, Old Benbrook Road.
The City's share of the cost is $659,381.10 for construction and $41,823.37 (5%
of bid price) for engineering and administration for a total cost of
$701,204.47. The following bond fund transfers will be necessary to supplement
the balance in the project account for financing the construction contract:
1. $210,436.09 from Street Improvements Fund 21, Account No. 022901-00,
Arterial Streets Unspecified (where sufficient funds are available),
to Project No. 022162-00, Index Code 642199, Old Benbrook Road, and
2. $218,890.74 from Street Improverents Fund 30, Account No. 023901-00,
Major Thoroughfares Unspecified (where sufficient funds are
available), to Project No. 022162-00, Index Code 680405, Old Benbrook
Road.
Sufficient funds are available in Account No. 21-095103-00, Engineering
Salaries, to finance inspection and administration costs, for which Index Codes
642298 and 642330 respectively will be used.
DAI.dr
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY
OFFICE BY ^ APPROVED
ORIGINATING
DEPARTMENT HEAD: Gary Santerre ^ OTHER (DESCRIBE)
CITY S -RETARY
FOR ADDITIONAL INFORMATIO
CONTACT ~rol et 7805
Adopted f~rd~nance N0.
DATE
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