HomeMy WebLinkAboutOrdinance 10100ORDINANCE NO. /O/~D
AN ORDINANCE DETERMINING THE NECESSITY Ft~R AND ORDERING AND
PROVIDING FOR THE IMPROVE~TFT OF RANDOL MILL ROAD UNIT II, AND
WOODHAVEN BOULEVARD UNIT III, AS HEREINAFTER SET FORTH ; APPROVING
NS; ORDERING AND APPROVING ESTIMATE
OF COSTS; LETTING CONTRACT TO NEWELL & NEWELL, LTD. PARTNERSHIP
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 ASSESSMENI~ AGAINST
ABUI'rING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COSTS
OF SUCH IMPROVES; DIRECTING THE CITY SECRETARY TO FILE A
NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE OOUNTY 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'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 CONIPLETE 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 RANDOL MILL ROAD UNIT II AND WOODHAVEN BOULEVARD UNIT III which is
hereby designated Project No. 30-036812-00 , (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 1105b and 2368a, and other
applicable laws, such that a contract may be awarded for the construction of the
Project; NOW, THEREFORE:
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT:
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: RANDOL MILL ROAD UNIT II AND WOODHAVEN BOULEVARD UNIT III ,it is hereby
ordered a e Pro3e~carri ou an constru according to
the Plans and Specifications, and any amendments thereto, for Project No.
30-036812-00 , said Plans and Specifications being hereby specifically
approve anc adopted.
II .
The estimated cost of the Project based on the estimate of the City Engineer is
$5,440,333.53. 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 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 herei.nabove 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 advertisement, as required by Articles
1105b and 2368a and the lowest bid of NEWELL & NEWEL, LTD. PARTNERSHIP
having been found to be the lowest and best bid for the making and construction
of said Project, the contract therefor is hereby awarded to NEWII~L & NEWELL, LTD.
PARTNERSHIP at and for the amount of $5,901,244.43.
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 17 TH DAY OF MAY,1988, 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.
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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 THIS '~ DAY OF -----L~ ~ ~
19~~. _
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ACCOrJN?iiYQ 2.' -
N,arER aor~;,ntslaariora a'
DACE REFEitE1dCE SUBJECT: AWARD OF CONTRACT FOR CONSTRUCTI N PaaE
NUMBER
4/19/88 ~*C-10924 OF~A^16~~INCH WATER MAIN~EXTENSI~ON~AND icr 7
SEWER MAIN IN RANDOL MILL ROAD, UNIT I;
ASSESSMENT PAVING OF RANDOL MILL ROAD FROM
WOODHAVEN BOULEVARD TO 550 LINEAR FEET WEST
OF- LOOP 820, UNIT II; ASSESSMENT PAVING OF
WOODHAVEN BOULEVARD FROM NEW RANDOL MILL ROAD
316 LINEAR FEET, SOUTH UNIT III
RECOMMENDATION
It is recommended that the City Council:
1) approve the following bond fund transfers:
FROM TO AMOUNT REASON
94-009905-00 94-036812-00 $273,504.77 To provide funds
Special Assessments Assessment Paving for property owner's
Unspecified Randal Mill Road share of construc-
Unit II and Woodhaven Lion cost.
Boulevard Unit III
94-036812-00 30-036812-00 $273,507.77 To move property
Assessment Paving Assessment Paving owner's share of
Randal Mill Road Randal Mill Road cost from Revolving
Unit II and Unit II and Woodhaven Fund to Project
Woodhaven Boulevard Boulevard Unit III Account.
Unit III
94-009905-00 94-032301-00 13,972.36 To provide funds for
Special Assessments Street Light the property owner's
Unspecified Installation for share of the street
Randal Mill Road light installation.
Unit II
94-032301-00 30-032301-00 13,972.36 To move property
Street Light Street Light owner's share of
Installation for Installation for cost from Revolving
Randal Mill Road, Randal Mill Road Fund to Project
Unit II Unit II Account.
30-031901-00 30-032301-00 18,500.00 To provide City's
Signals Randal Mill Road share of street
Unspecified Street Lights lights and signal
conduit
installation.
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR CONSTRUCTI N PAGE
4I19l88 NUMBER OF A 16 INCH 'WATER MAIN EXTENSION AND 2 7
**C-10924 IMPROVEMENTS TO AN EXISTING SANITARY ----- °f -----~
SEWER MAIN IN RANDOL MILL ROAD, UNIT I;
ASSESSMENT PAVING OF RANDOL MILL ROAD FROM
WOODHAVEN BOULEVARD TO 550 LINEAR FEET WEST
OF LOOP 820, UNIT II; ASSESSMENT PAVING OF
WOODHAUEN BOULEVARD FROM NEW RANDOL MILL ROAD
316 LINEAR FEET, SOUTH UNIT III
30-032129-00 30-032301-00 15,000.00 To provide City's
C. Brown Estates Randol Mill Road share of street
Street Lights light installation.
30-032901-00 30-032301-00 3,903.24 To provide City's
Street Lights Randol Mill Road share of street
Unspecified Street Lights light installation.
2) authorize the City Manager to execute a contract with Newell and Newell
Limited Partnership in the amount of $5,901,244.43 based on their low bid
and consisting of (a) $459,184.60 for the construction of a 16-inch water
main extension and appurtenances (Project No. 81-015001-00), Unit I;
(b) $260,789.80 for the construction of 6, 8, and 10-inch sanitary sewers
and appurtenances (Project No. (58-017027-00), Unit I, and (c)
$5,181,270.03 for street, drainage, bridge improvements and street lights
(Project No. 30-036812-00), Units II and III:
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 costs and amounts to be assessed as stated in the
Engineer's Estimate;
5) establish May 17, 1988, 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 Uernon'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 Texas Civil Statutes.
Disr_~~tsinn
Randol Mill Road is designated as a future major thoroughfare in the City's
Master Thoroughfare Plan. Current activities such as the on-going construction
of the new Handley-Ederville Road and bridge over the Trinity River interface
with this project. Vigorous development in the adjacent River Bend Addition
and two executed Community Facilities Agreements, C. Brown Estates (City
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DATE REFERENCE sua~ECr: AWARD OF CONTRACT FOR CONSTRUCTI N PAGE
NUMBER
4/19/88 OF A 16 INCH WATER MAIN EXTENSION AND 3 7
**G-10924 IMPROVEMENTS TO AN EXISTING SANITARY ---- or ____
SEWER MAIN IN RANDOL MILL ROAD, UNIT I;
ASSESSMENT PAVING OF RANDOL MILL ROAD FROM
WOODHAVEN BOULEVARD TO 550 LINEAR FEET WEST
OF LOOP 820, UNIT II, ASSESSMENT PAVING OF
WOODHAVEN BOULEVARD FROM NEW RANDOL MILL ROAD
316 LINEAR FEET, SOUTH UNIT III
Secretary Contract No. 13966) and River Bend Addition (City Secretary Contract
No. 15882) have precipitated the need to improve Randol Mill Road as a high
usage eastlwest arterial street facility.
Randol Mill Road from Woodhaven Boulevard to 550 feet west of Loop 820 is
proposed to be constructed with permanent concrete paving. Temporary concrete
pavement will be constructed for 550 linear feet east to Loop 820 right-of-
way. Permanent paving to Loop 820 will be constructed in conjunction. with the
State Department of Highways and Public Transportation at a later date when the
new Randol Mill Road bridge over Loop 820 is re-constructed.
Woodhaven Boulevard will be extended north from its existing pavement for 316
linear feet to tie-in with the new Randol Mill Road alignment.
Project Description
Street
Limits
Roadway
Width/feet
Double 26
48
ROW Width/feet
Randol Mill Road From Woodhaven Boulevard
Unit II to 550' west of Loop 820
Woodhaven Boulevard From new Randol Mill Road
Unit III south 316 linear feet
Proposed Improvements
Unit I
120
68
The work to be performed under this contract consists of the construction of
approximately 7,484 linear feet of 16-inch water main and appurtenances and
construction of a concrete cap of approximately 2,842 linear feet on an
existing sanitary sewer main and the replacement of approximately 1,127 linear
feet of existing 6, 8, and 10-inch sanitary sewer and appurtenances.
Unit II
Randol Mill Road is proposed to be improved by constructing an eight-inch thick
reinforced concrete pavement with seven-inch high monolithic concrete curb on
an eight-inch thick lime stabilized subgrade. Six-inch thick concrete driveway
approaches will be constructed where shown on the plans. A bridge will be
constructed over a drainageway serving 2,250 acres.
DATE REFERENCE susrECT AWARD OF CONTRACT FOR CONSTRUCTI N PACE
NUMBER
4/19/88 OF A 16 INCH WATER MAIN EXTENSION AND 4 6
**C-10924 J~MPR(IVEMENTS TO AN EXISTING SANITARY. - ~' -~-~
SEWER MAIN IN RANDOL MILL ROAD, UNIT I;
ASSESSMENT PAVING OF RANDOL MILL ROAD FROM
WOODHAVEN BOULEVARD TO 550 LINEAR FEET WEST
OF LOOP 820, UNIT II; ASSESSMENT 'PAVING OF
WOODHAVEN BOULEVARD FROM NEW RANDOL MILL ROAD
316 LINEAR FEET, SOUTH UNIT III
Unit III
Woodhaven Boulevard will be extended north from its existing pavement for 316
linear feet to tie-in with the new Randol Mill Road alignment. It is proposed
to be constructed of eight-inch reinforced concrete pavement with seven-inch
high monolithic concrete curb on an eight-inch thick lime stabilized subgrade.
On March 3, 1988, the following bids were received•
Bidders Unit I Units II & III
(Water and Sanitary (Streets) Total
Sewer) Amount Bid
Newell and Newell $ 719,974.40 $ 5,181,270.03 $5,901,244.43*
Limited Partnership
Austin Paving Company 694,238.31 5,474,169.04 6,168,407.35
J. L. Bertram Construction 712,493.16 5,486,809.55 6,199,302.71
and Engineering, Inc.
Martin K. Eby Construction 906,575.60 5,375,515.95 6,282,091.55
Engineering, Inc.
L. H. Lacy Company 664,933.20 5,879,359.86 6,544,293.06
H. B. Zachry Company 703,695.19 6,043,533.48 6,747,228.67
Brown and Blakney, Inc. 855,153.15 6,092,314.33 6,947,467.48
*Overall low bidder. Contract documents stipulated that contract would be
awarded to the overall low bidder and separate contracts would not be awarded
to unit low bidders.
The low bidder is in compliance with the City's MBE/WBE Policy.
There were 432 working days alloted for completion of the project.
Engineers Estimate of Cost for Street and Drainage Improvements and Street
Lights
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DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR CONSTR..UCTIO PAGE
4/19/88 NUMBER OF A 16 INCH WATER MAIN EXTENSION AND 5 7
**C-10924 IMPROVEMENTS TO AN EXISTING SANITARY -°` --
SEWER MAIN IN RANDOL MILL ROAD, UNIT I,
ASSESSMENT PAVING OF RANDOL MILL ROAD FROM
WOOOHAVEN BOULEVARD TO 550 LINEAR FEET WEST
OF LOOP 820, UNIT II; ASSESSMENT PAUING OF
WOODHAVEN BOULEVARD FROM NEW RANDOL MILL ROAD
316 LINEAR FEET, SOUTH UNIT III
Based on standard City policy and the low bid prices, the following assessment
rates have been established•
8-inch thick reinforced concrete pavement $ 59.36/lf
7-inch high monolithic concrete curb 1.63/lf
6-inch thick concrete driveway approaches 1.71/sf
Drainage 39.25/lf
Bridge 5 11/lf
Street Lights 5.15/lf
The total project cost for street and drainage improvements and new street
lights is distributed as follows:
Total cost to property owners
Total cost to City of Fort Worth
Project Financing
Unit I
Water
Developer's Share
Tota] developer's share of project cost
(..100% of water facilities through the 8-inch size)
City's Share
Water
Total City's share of project cost
$ 1,275,493.58 (23%)
$ 4,164,839.95 (77%)
$ 305,001.60
$ 154,183.00
$ 459,184.60
$ 260,789.80
$ 260,789.80
(Balance of project cost for Water
Incremental costs of larger than 8-inch size)
Total Contract Cost - Water
Sanitary Sewer
Total City's share of project cost
(100% of sanitary sewer facilities)
Total Contract Cost - Sewer
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR CONSTRUCTI N PAGE
NUMBER
4/19/88 OF A 16 INCH WATER MAIN EXTENSION AND 6 7
**C-10924 ~._IMPRQVEMENTS TO AN EXI TING SANITARY ~ °' ____-`
SEWER MAIN IN RANDOL MILL ROAD, UNIT I;
ASSESSMENT PAVING OF RANDOL MILL ROAD FROM
WOODHAVEN BOULEVARD TO 550 LINEAR FEET WEST
OF LOOP 820, UNIT II; ASSESSMENT PAVING OF
WOODHAVEN BOULEVARD FROM NEW RANDOL MILL ROAD
316 LINEAR FEET, SOUTH UNIT III
In accordance with the Water and Sewer Installation Policy, the developer has
deposited his share of water project cost with the City. Sufficient funds for
the City's share of the water project cost, including an allowance for
construction engineering cost, are available in Water Capital Improvement Fund
81, Project No. 015001-00, 16-Inch Water Main, Randol Mill Road.
Sufficient funds for the City's share of the sanitary sewer project cast,
including an allowance for construction engineering cost, are available in
Sewer Capital Improvement Fund 58, Project No. 017027-00, Sanitary Sewer Main
Improvements, Randol Mill Road.
Units II and III
The total cost to property owners is $1,275,493.58, of which $988,016.45 is
prepaid. The balance of $287,477.13 includes $273,504.77 for street and
drainage improvements and $13,972.36 for new street lights. The property
owner's share of costs will be provided by a bond fund transfer in the amount
of $287,477.13 from Special Assessment Fund 94, Account No. 009905-00,
Unspecified (where sufficient funds are available) to Project No. 036812-00 in
the amount of $273,504.77 and Project No. 032301-00 in the amount of
$13,972.36. In order to account for the construction cost, an interfund
transfer will be necessary from the Special Assessment Fund 94, Project No.
032301-00, Randol Mill Road Street Lights (in which sufficient funds are
available), to the Street Improvement Fund 30, Project No. 032301-00, Randol
Mill Street Lights in the amount of $13,972.36 to finance new lights. Also, an
interfund transfer from Special Assessment Fund 94, Project No. 036812-00,
Randol Mill in the amount of $273,504.77 (in which sufficient funds are
available), to the Street Improvement Fund 30, Project No. 036812-00, Randol
Mill, will be necessary to finance the street drainage improvements.
A bond fund transfer from the Street Improvement Fund 30, Project No.
031901-00, Signal Unspecified, in the amount of $18,500, Project No. 032129-00,
C. Brown Estates, in the amount of $15,000 and Project No. 032901-00, Street
Lights Unspecified, in the amount of $3,903.24 ( in which sufficient funds are
available), to the Street Improvement Fund 30, Project No. 032301-00, Randol
Mill Road Street Lights, will be necessary to finance the City's share of
Street Light and Signal Conduit construction. The expenditures will be made in
Fund 94 from Index Code 600957 and Index Code 680405 in Fund 30.
DATE REFERENCE SUBJECT AWARD OF CONTRACT FOR CONSTRUCTI N PAGE
4/19/88 NUMBER OF A 16 INCH WATER MAIN EXTENSION AND 7._0f 7
**C-10924
SEWER MAIN IN RANDOL MILL ROAD, UNIT I;
ASSESSMENT PAVING OF RANDOL MILL ROAD FROM
WOODHAVEN BOULEVARD TO 550 LINEAR FEET WEST
OF LOOP 820, UNIT II, ASSESSMENT PAVING OF
WOODHAVEN BOULEVARD FROM NEW RANDOL MILS ROAD
316 LINEAR FEET, SOUTH UNIT III
Sufficient funds are available in the Street Improvement Fund 67, Project No.
095104-00, 87-88 Salaries to finance Engineering and Administrative costs for
this project. The expenditure for Salaries will be made from Index Code
630046 .
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SUBMITTED FOR THE
CITY MANAGER'S David Ivory DISPOSITION Y COUNCIL. PROCESSED BY
OFFICE BY gPPROVED
ORIGINATING
DEPARTMENT HEAO
Gar Santerre
• 'y TH E RIB
CITY SECRETARY
FOR ADD1T10NAL INFORMATION 7p
ONTACT Drolet '~05 Adopted Ordnance No./:%/~
DATE
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