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HomeMy WebLinkAboutOrdinance 9885~- '_ A ~ 1 ORDINANCE NO• ~ AN ORDINANCE DETERMII~TING THE NECESSITY FOR AND ORDERING AND P~VIDING FOR THE IMPROVF~IIIVT OF NORTH BEACH STREET , AS HEREINAFTER SET FORTH; APPROVING PROJECT PLANS AND SPECIFICATIONS; ORDERING AND APPROVING ESTIMATE OF COSTS; LETTING CONTRACT Ta APAC-TEXAS, INC. FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEt~I'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 IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNri'Y 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 1105b OF VERNON'5 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 CO~.~rF: 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 North Beach Street , which is hereby designated Project No. 29-036825-00 , (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; WE1ERhAS, 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. RE;V. CIV. STAT. ANN., Articles 1105b and 2368a, and other applicable laws, such that a contract may be awarded for the construction of the Project; IOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, -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: NORTH BEACH STREET - From Fossil Creek Boulevard to Western Center 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. 29-036825-00 , 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 $2,958,284.92_. 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 be set forth in the mechanic's and materialman's lien contract and shall be uniform among all owners executing the contract. -2- M, ,. . 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. , 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 APAC-Texas, Inc. , at and for the amount of $ 2,365,097.59 . 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 30th day of June, 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- r VII. This ordinance shall take effect and be in full fo ee and effect from and after ~ -J ~~~~ ty A torney the date of its passage. PASS AND APPROVED THIS r DAY 0 ~~. 19l~~. APPROVED AS 'I'0 FORM AND LEGALITY Date: -4- f ~~ Ac~aun~tt~~,a ~ltA"l:~,t?pRTATb0~1~P_UBL4GJ V'11~ IN/ ®~ ~I.(V U bl~~ ~/® bL1V~~ (L~ ~J®0 I/ lV 0 U lL IL~IV~abLIL.Uilli~®~ NAt€R AtSMINIS1RATbON DATE REFERENCE 'SUBJECT AWARD OF CONTRACT-NORTH BEACH PAGE "UMBER STREET (FOSSIL CREEK BLVD. TO WESTERN 5 6-2-87 .= C-10325 CENTER BLVD.) ASSESSMENT PAVING 1of RECOMMENDATION It is recommended that the City Council: 1. authorize the City Manager to approve the following bond fund transfers FROM TO AMOUNT REASON 94-009905-00 94-036825-00 $423,022.56 Fund Fort Worth Special Assessments N. Beach Street, property owners Unspecified Fossil Creek Blvd. share of construction to Western Center Blvd. cost 94-009905-00 94-036825-00 $900,000.00 Fund Haltom City's Special Assessments N. Beach Street, share of construction Unspecified Fossil Creek Blvd. cost. to Western Center Blvd. 2. approve the complete closure of North Beach Street from 900' south of Western Center Blvd. to Fossil Creek Blvd. during the construction of this project; ° 3. authorize the City Manager to execute a construction contract with the firm of APAC-Texas, Inc. based on its lowest responsive bid of $2,365,097.59 for construction of North Beach from Fossil Creek Blvd. to Western Center Blvd.; 0 4. authorize the assessment of a portion of the cost of construction against the owners of abutting property, 5. approve the estimate of cost and amounts to be assessed as stated in the Engineer's estimate, G. establish June 30, 1987 as the date for the benefit hearing, 7. authorize preparation of the assessment roll 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 Annotated Civil Statutes. a ~. `~T„'~' DATE REFERENCE SUBJECT AWARD OF CONTRACT-NORTH BEACH PAGE NUMBER STREET (FOSSIL CREEK BLVD. TO WESTERN 2 5 6-2-87 C-10325 CENTER BLUD.) ASSESSMENT PAVING -- of -___ BACKGROUND On September 18, 1984 (M&C C-8619), the City Council approved an agreement with the City of Haltom City providing for the construction of North Beach Street from Fossil Creek Blvd. to Western Center Blvd, and for Western Center Blvd. from North Beach Street eastward to our City Limits with the City of Watauga. The basis of the agreement is that, after adjustment for special benefits to developers and for utilities, each City will bear one half of the total project cost. The agreement further provides that participation by Haltom City at-large will be limited to $900,000 on North Beach Street with the remainder of their share to be paid prior to construction by the adjacent benefitting property owners in Haltom City. Provision was made in the agreement to allow Haltom City to pay their at-large share in ten annual installments commencing thirty days following completion of construction. PROJECT DESCRIPTION ROADWAY R.O.W. STREET LIMITS WIDTH WIDTH North Beach Street Fossil Creek Blvd. to Double 26 ft. 120 ft. Western Center Blvd. IMPROVEMENTS North Beach Street is to be improved by constructing a four-lane divided thoroughf are of seven-inch thick reinforced concrete pavement on a six-inch thick lime stabilized subgrade with seven-inch high monolithic concrete curb. The finished street will consist of two twenty-six foot roadways with a forty-eight foot median. The project includes bridges over Big Fossil Creek and a tributary to Big Fossil Creek. RECEIPT OF BIDS The project was advertised for construction on March 12, 1987, and March 19, 1987, with abase bid of 240 working days allowed for construction. Alternate bids permitting closure of No. Beach Street to through traffic and permitting only local traffic (access to property adjacent to street) were also received which reduced the number of working days allowed to 180. The Bank of Commerce will continue to be open to through traffic throughout the construction even under the alternate plan. Bids were received in City Hall on April 16, 1987, A total of six bids were received as follows: ` ~. ~_' ~ DATE REFERENCE suB~ECT AWARD OF CONTRACT-NORTH BEACH PAGE NUMBER STREET (FOSSIL CREEK BLVD. TO WESTERN 3 5 6-2-87 C-10325 _ CENTER BLUR. ) ASSESSMENT PAVING ------ or __~_ BIDDER APAC-Texas, Inc.* J.L. Bertram, Inc. Brown & Blakney, Inc. Ed Bell Construction Austin Road Co. Atlas Tuck Concrete *Denotes Low Bidder BASE BID $2 , ~$3 , 65~. 29 $2,557,950.64 $2,650,604.69 $2,613,182.13 $2,624,167.40 $3,440,624.28 ALTERNATE BIO ,365,09 59 $2,415,356.93 $2,550,604.69 $2,589,193.48 $2,607,380.40 $3,108,123.28 The low bidder, APAC-Texas, Inc., has complied with the City of Fort Worth Minority Business Enterprise Policy for this project. ALTERNATE BID The bridges on this project are concrete span girder type and have extensive cure times. Closing No. Beach Street to through traffic subject to continued access to adjacent land owners, permitting simultaneous construction of the bridges. Awarding the contract on this alternate bid will save at least sixty working days (which can amount to four calendar months or more), will reduce the construction cost by $116,468.70, and will create a substantially safer working environment. There is no developed property within the limits of this project other than the Bank of Commerce - Fossil Creek. After discussing the closure of the street to through traffic, subject to permitting continued access to adjacent land owners, neighborhood associations, adjacent developers, local business interests, and the City of Haltom City, staff recommends awarding the contract based on the alternate bid, allowing closure of North Beach Street to through traffic except for access to the Sank of Commerce from Western Center Blvd. and subject to permitting continued access to adjacent landowners. ENGINEER'S ESTIMATE OF COST Based on standard City policy and the low bid unit prices, the following assessment rates have been established 1" inch thick reinforced concrete pavement $ 55.48/L.F. 7" inch high monolithic concrete curb 1.86/L.F. Storm drain age 30.20/L.F. Street lights 7.63/L.F. Bridges 33.36/L.F. Total assessment rate 128.53 L.F. 6" inch thick concrete driveway approaches $ 3.21/S.F. oA~'E REFERENCE sue~ECT AWARD OF CONTRACT-NORTH BEACH PAGE NUMBER STREET (FOSSIL CREEK BLVD. TO WESTERN 4 5 6-2-87 C-10325 - CENTER BLVD ) ASSESSMENT PAVING ---- °f --- The 1984 agreement between Haltom City and Fort Worth provides for the two cities to share the total cost of the project, including design costs, right-of-way acquisition, construction inspection and surveys. The division of total project costs, including assessments against Fort Worth property owners based on the established rates, is as follows FORT WORTH Costs to the City of Fort Worth: Amount to be assessed $423,022.56 Remainder to be financed by the City $926,804.01 Sub-Total $1,349,826.57 Utility adjustment costs to be borne by City of Fort Worth 73,233.00 Woodbine Corp. Prepayment (Assessments) 151,725.79 Total Fort Worth Cost $1,574,785.36 HALTOM CITY Costs to the City of Haltom City Amount to be paid by Haltom City property owners $449,826.56 Amount to be financed by City of Haltom City 900,000.00 Sub-Total $1,349,826.56 Prepaid Assessrents 33,673.00 Total Haltom City Cost $1,383,499.56 Total Project Cost $2,958,284.92 Award of the construction contract is contingent upon the approval of both the Fort Worth City Council and the Haltom City City Council. FINANCING Based on the low bid (alternate) of $2,365,097.59 for street improvements, $574,748.35 has been calculated as the Fort Worth property owners' share of the project cost. Of this amount, $151,725.79 is to be paid by the Woodbine Corp. prior to the benefit hearing. The remainder of the Fort Worth property owners' share will be provided by a bond fund transfer in the amount of $423,022.56 from Special Assessments Fund 94, Account No. 009905-00, Special Assessments Unspecified (where sufficient funds are available), to Project Account No 036825-00, North Beach Street, Fossil Creek Blvd, to Western Center Blvd. ~~~ r ~.~. DATE REFERENCE SUBJECT AWARD OF CONTRACT-NORTH BEACH PAGE 6-2-87 NUMBER C-10325 STREET (FOSSIL CREEK BLVD. TO WESTERN ~~ BLVD_) ASSESSMENT PAVTN~ 5 5 - °t---~~~ _ The Haltom City's share of the project cost is $1,383,499.56, of which $483,499.56 is to be paid by their property owners prior to the benefit hearing. The City of Haltom City' s share will be provided by a bond fund transfer in the amount of $900,000 from Special Assessments Fund 94, Account No. 009905-00, Special Assessment Unspecified (where sufficient funds are available), to Project Account No. 036825-00, North Beach Street, Fossil Creek Blvd. to Western Center Blvd Sufficient funds are available in S treet Improvements Fund 29, Project Account No. 036825-00, North Beach Street, Fossil Creek Blvd.. to Western Center Blvd., to finance the $406,849.68 City's share of the contract cost as well as inspection and testing costs. Index Code 610857 and 610543, respectively, will be used. HALTOM CITY CONCURRENCE A resolution for the City of Haltom City concurrence in this contract award is on the agenda for their June 1 meet ing. DAI dv APPROVED BY CITY COUNCIL JUN ~ t~~7 ~~~ City Seczatary of thc+ City of Foxt Worth, T©xa~ SUBMITTED FOR THE / CITY MANAGER'S ./ DISPOSITION BY COUNCIL. PROCESSED BY (/~ OFFICE BY ^ APPROVED ORIGINATING DEPARTMENT HEAD• Gary Santerre ^ OTHER (DESCRIBE) CITY SEC -TARP FOR ADDITIONAL IN FOR,~ytATleunda 8063 '~I Y Adopted Qrdinance NQ. t DATE CONTACT