HomeMy WebLinkAboutOrdinance 8236
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ORDINANCE NO ~, ~(~
AN ORDINANCE AMENDING THE LAST SENTENCE OF
THE FIRST "WHEREAS" CLAUSE OF ORDINANCE NO
8164 BY PROVIDING THAT A COivTRACT HAS BEEN
MADE AND ENTERED INTO WITH AUSTIN ROAD
COMPAIVY FOR THE IMPROVEMENT AND CONSTRUC-
TION OF STREETS AVENUES AND PUBLIC PLACES
AS DESCRIBED IN ORDINANCE NO 8164 MAKING
THIS ORDINANCE CUMULATIVE OF PP.IOR ORDI-
NAI~TCES REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH PROVIDING A SAVINGS CLAUSE
PROVIDING A SEVERABILITY CLAUSE A:i~TD PRO-
VIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH
TEXAS
SECTION I
That the last sentence of the first "WHEREAS" Clause
of City of Fort Worth Ordinance No 8164 be and the same is
hereby amended to read as follows
"The above together with combined concrete curbs and
gutters on proper grade and line where same are not already so
constructed together with storm drains and other necessary in-
cidentals and appurtenances all of said improvements are to be
so constructed as and where shown on the plans and in strict
accordance with the Plans and Specifications therefore and
contract has been made and entered into with Austin Road Company
for the making and construction of such improvements on the
above said portion of streets avenues and public places '
SECTION II
That this ordinance shall repeal every prior ordinance
and provision of the Fort Worth City Code in conflict herewith
by only insofar as any portion of such prior ordinance or provi-
sion shall be in conflict and as to all other ordinances or
provisions of the Fort Worth City Code not in direct conflict
herewith this ordinance shall be and is hereby made cumulative
SECTION III
That all rights or remedies of the City of Fort Worth
Texas are expressly saved as to any and all violations of
Ordinance No 8164 of the City of Fort Worth or of any amend-
ments thereto which have accrued at the time of the effective
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date of this ordinance and as to such accrued violations the
Court shall have all of the powers that existed prior to the
effective date of this ordinance
SECTION IV
It is hereby declared to be the intention of the City
Council that the sections paragraphs sentences clauses and
phrases of this ordinance are severable and if any phrase
clause sentence paragraph or section of this ordinance shall
be declared unconstitutional by the valid judgment or decree of
any court of competent jurisdiction such unconstitutionality
shall not effect any of the remaining phrases clauses sentences
paragraphs and sections of this ordinance since the same would
have been enacted by the City Council without the incorporation
in this ordinance of any such unconstitutional phrase clause
sentence paragraph or section
SECTION V
This Ordinance shall take effect and be in full force
and effect from and after the date of its passage
PASSED and APPROVED this day o.f
19~
APPROVED AS TO FOlu~I AND LEGALITY
ity Attorney
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DATE REFERENCE SUBJECT Award of Contract - Street and PAGE
NUMBER
Storm Drainage Improvements
12/16/80 '"tiC-5438 Wa~ap~.ynnrl X_TT e.~,~;r~;.,,, ~ or 2
On July 3 1980 bids were received from the following bidders on subject improve-
ments
Bidder Amount
Metro Asphalt Company $ 906 684 20
Austin Road Company $ 965 923 01
Southwestern Contract Company $1 016 177 90
Ashland-Warren Inc $1 103 150 69
On August 12 1980 (M&C C-5201) a construction contract was awarded to Metro
Asphalt Company based on their low bid and September 9 1980 was set as the date
for the benefit hearing On September 9 1980 (M&C G-4682) the. City Council
closed the benefit hearing and levied the assessments as proposed based on the
low bid
On August 12, 1980 Metro Asphalt Company was notified of the contract being
awarded to their firm and was requested to ea~ecute t;he contract documents On
August 19 1980 the Public Works Department received a letter dated August l8
1980 from John A Miller & Associates Tnc the bonding company for Metro
Asphalt Company alleging irregularities in the bid proposal and contract
documents as to signatures of firm officials and requested guidance as to eorrE.c:-
tion of same The Department of Law was contacted as to possible corrections,
and information was forwarded to the bonding company by letter on August 22 1980
On September 10 1980 the Public Works Director met with Lester W Mathis Press-
dent of Metro Asphalt a memba?~ of Metro s bonding company an official of Metro
Asphalt Company and a r.epr~~serctative from tl~ie Department of Law to discuss the
status of the construction contract Mr Mathis and Metro Asphalt Company stated
that they would not sign the contract: but would however attempt to work out
an agreement with the second low bidder Austin Road Company to accept the
contract for Metro's original low bid
On October 1 1980 the Department of Law informed the Public Works Department
that Metro Asphalt Company and Lester W Mathis still refused to execute the
contract documents on the project On October L7 1980 Mr Mathis called the
Fublic Works Department and stated that he was unable to reach an agreement with
Austin Road Company as to the latter accepting the cont.r.act for Metro's original
bid a.nd that Metro Asphalt Company did not intend to execute the contract. ox
perform the work
After further negotiations Austin Road Company has agreed to accept the contract
based on the original bid of $906 684 20 a:~ submitted. by Metro Asphalt Company
with modifications 'to certain unit prices
The adjacent property owners ha~~e executed Mechani.c's and Materialman's Liens
which have been filed at: the Taxrant County Deed. Records Off:%c:e for the assess-
ments levied on the basis of the. original law bi.d after the September 9 .1980
benefit hearing
.mayor and ~~un~~l ~oa~a,~,~,sn~cat~~n
DATE REFERENCE SUBJECT Award of Contract -Street and PAGE
NUMBER
Storm Drainage Improvements,
2
2
8 **C-5438 Wed ewood X-II Addition oti:
Recommendations
It is recommended that
1 A construction contract be awarded to_Austin Road Company based on the
negotiated bid of $906,684 20 and
2 The City Council adopt ordinances ;amending City of .Fort Worth Ordinance
No 8155 and`~No 8 y64y td fleet that the construction contract for the
subject improvements is made and entered into with Austen Road Company
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APPROVED ~Y
CITY COOi~CIL
Q~~ 16 1980
,~R3-~K-°-~-,
Ci ec~etary of the
C og ~o~C iioxth, xexae
SUBMITTED FOR THE
CITY MANAGER'S
DISPOSITION BY COUNCIL.
PROCESSED BY
OFFICE BY: ^ APPROVED
ORIGINATING ^ OTHER (DESCRIB
DEPARTMENT HEAD: „~ i ~~ p
E~C ~,~~ CITY SECRETARY
TIONAL INFOR
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'~~~CE N0
CONTACT
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John Jones Ext
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. DATE