HomeMy WebLinkAboutOrdinance 19653-04-2011ORDINANCE NO. 19653-04-2011
AN ORDINANCE FINDING THAT CONDITIONS HAVE
MATERIALLY CHANGED SO THAT THE PROJECT SCOPE
FOR AVONDALE HASLET ROAD IN THE 2008 CAPITAL
IMPROVEMENT PROGRAM SHOULD BE AMENDED FROM
RECONSTRUCTING FOUR LANES WITH SIDEWALKS FROM
2,250 FEET EAST OF U.S. HIGHWAY 287 FRONTAGE ROAD TO
BURLINGTON NORTHERN SANTA FE (BNSF) RAILROAD TO
INCLUDE PLANNING, DESIGN, AND CONSTRUCTION OF TWO
OF THE FOUR LANES AND EXPAND THE LIMITS OF
AVONDALE HASLET ROAD FROM U.S. HIGHWAY 287
FRONTAGE ROAD TO WILLOW CREEK DRIVE;
AUTHORIZING THE 2008 CAPITAL IMPROVEMENT
PROGRAM FUNDS DESIGNATED FOR AVONDALE HASLET
ROAD TO BE USED TO FUND PLANNING, DESIGN, AND
CONSTRUCTION FOR TWO LANES WITH EXPANDED LIMITS,
AS FOLLOWS: 800 FEET OF A FIVE LANE SECTION FROM
INTERSECTION AT U.S. HIGHWAY 287 FRONTAGE ROAD
GOING EAST, THE NORTHERN TWO LANES OF AVONDALE
HASLET ROAD FOR 2,900 FEET, 600 FEET OF FOUR LANES OF
AN ARTERIAL ACROSS THE BNSF RAILROAD, AND A 500
FEET TRANSITION BACK TO THE EXISTING LANES AT
WILLOW CREEK DRIVE; PROVIDING THAT THIS
ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 10, 2008, the citizens of the City of Fort Worth approved
the 2008 Capital Improvement Program; and
WHEREAS, the 2008 Capital Improvement Program included $4,500,000.00
authorized for use for reconstructing Avondale Haslet Road; and
WHEREAS, at the time of the original 2008 Capital Improvement Program, the
project description language of the Streets proposition regarding use of the funds for
Avondale Haslet Road was to reconstruct an existing 2-lane road as a 4-lane divided
arterial with sidewalks with proposed limits from 2,250 feet east of U.S. 287 Frontage
Road to BNSF Railroad;
WHEREAS, these limits were established to reflect monetary participation by
Wal-Mart Stores Texas, LLC.,, which controls significant property adjacent to this
roadway;
WHEREAS, the anticipated funds from the developer, Wal-Mart Stores Texas,
LLC., are available to construct some of the lanes for Avondale Haslet Road as
development has materialized;
WHEREAS, City staff therefore recommends the allowable uses of the 2008
Capital Improvement Program funds for the Avondale Haslet Road be amended and
expanded to include planning, design, and construction of Avondale Haslet Road from
U.S. Highway 287 Frontage Road to Willow Creek Drive, which uses are consistent with
the proposition approved by the voters at the May 10, 2008 election; and
WHEREAS, the actions taken pursuant to this Ordinance are consistent with the
rights reserved to the City Council with respect to the abandonment of or material
changes in projects comprising the 2008 Capital Improvement Program;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH:
SECTION 1.
The City Council hereby finds that conditions have materially changed so that it is
desirable for the scope of the Avondale Haslet Road Project, as outlined in the 2008
Capital Improvement Program, be amended and expanded to include planning, design,
and construction o£ 800 feet of a five lane section from intersection at U.S. Highway 287
Frontage Road going east; the northern two lanes of Avondale Haslet Road for 2,900 feet
(a portion originally proposed to be four lane), 600 feet of four lanes of an arterial across
the BNSF Railroad, and a 500 foot transition back to the existing lanes at Willow Creek
Drive.
SECTION 2.
The City Council hereby authorizes the use of the 2008 funds for Avondale Haslet
Road for the funding of planning, analysis, design, and construction of this roadway as
amended and expanded.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 4.
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 affect 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 5.
This ordinance shall be in full force and effect upon adoption.
APPR E RM AND LEGALITY:
Assistant City Attorney
Date:
Adopted: April 12, 2011
Effective: April 12, 2011
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/12/2011 -Ord. No. 19653-04-2011
DATE: Tuesday, April 12, 2011 REFERENCE NO.: "*C-24851
LOG NAME: 20AVONDALE HASLET DESIGN AMENDMENT DUNAWAY
SUBJECT:
Adopt Ordinance Finding that Conditions Have Materially Changed and Amending the Project Scope for
Avondale Haslet Road Renovations and Authorize Amendment No. 1 in the Amount of $79,781.00 to City
Secretary Contract No. 39645 with Dunaway Associates, L.P., for the Design of Avondale Haslet Road
from US Highway 287 Frontage Road to Willow Creek Drive (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance finding that a material change has occurred such that the project scope
and limits for Avondale Haslet Road from US Highway 287 Frontage Road to Willow Creek Drive of
Proposition One of the 2008 Bond Program for Arterial Streets shall be amended and expanded; and
2. Authorize the City Manager to execute Amendment No. 1 in the amount of $79,781.00 to City Secretary
Contract No. 39645 with Dunaway Associates, L.P., to provide additional engineering services and plan
preparation for the widening of Avondale Haslet Road from US Highway 287 Frontage Road to Willow
Creek Drive, thereby increasing the contract amount to $771,241.00.
DISCUSSION:
The 2008 Bond Program allocated $4,500,000.00 for the improvement of Avondale Haslet Road from
2,250 feet east of US Highway 287 Frontage Road to Burlington Northern Santa Fe (BNSF) Railroad to a
four lane divided arterial road with sidewalks. It was originally anticipated that the improvements to the
portion of the roadway from US Highway 287 Frontage Road to 700 feet east of the intersection of Haslet
Court and Avondale Haslet Road would be built at a future date with funding through an agreement
between Wal-Mart Stores Texas, LLC and the City of Fort Worth. However, an opportunity to build the
section from US Highway 287 Frontage Road to a point 700 feet east of the intersection of Haslet Court
and Avondale Haslet Road now has arisen. Wal-Mart Stores Texas, LLC, has agreed to contract for and
manage the construction of a four lane roadway at this location if the City will provide funds sufficient to
construct the northern two lanes of the roadway.
Implementing the revised project pursuant to the agreement described above with Wal-Mart Stores Texas,
LLC, would represent a material change to this project. Staff recommends that the scope of the Avondale
Haslet Road project, as outlined in the 2008 Bond Program, be 1) amended to provide that for a segment
of the roadway, only two lanes will be constructed rather than four lanes initially planned, and 2) expanded
to include planning, design and construction for the limits, as follows: approximately 800 feet of a five lane
section from the intersection at US Highway 287 Frontage Road going east; 2,900 feet of the northern two
lanes of Avondale Haslet Road; 600 feet of four lanes of an arterial across the BNSF Railroad; and 500
feet of a transition back to the existing lanes at Willow Creek Drive.
Logname: 20AVONDALE HASLET DESIGN AMENDMENT DUNAWAY Page 1 of 2
On December 15, 2009, (M&C C-23975), the City Council authorized the City Manager to execute an
engineering agreement with Dunaway Associates, L.P., in the amount of $691,460.00 (City Contract No.
39645).
Amendment No. 1 to the project design contract consists of providing additional survey, property exhibits,
and hydraulic calculations that were not in the original scope of work. Dunaway Associates, L.P., has
proposed to complete this additional design work for a lump sum fee of $79,781.00, thereby increasing the
contract amount to $771,241.00. City staff considers this fee to be fair and reasonable for the scope of
services to be performed. Funding for this project will come from the New Development Fund.
Dunaway Associates, L.P., agrees to maintain its initial M/WBE commitment of 16 percent that it made on
the original agreement and extend and maintain that same M/WBE commitment of 16 percent to this
amendment. Therefore Dunaway Associates, L.P., remains in compliance with the City's M/WBE
Ordinance and attests to its commitment by its signature on the Acceptance of Previous M/WBE
Commitment form executed by an authorized representative of its company.
This project is located in COUNCIL DISTRICT 7, Mapsco, 4U, 4V, 5S and 5T.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated from the New Development Fund.
FUND CENTERS:
TO Fund/Account/Centers
FROM Fund/Account/Centers
C204 531200 207230141430
C204 531200 207230141451
CERTIFICATIONS:
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Fernando Costa (8476)
Greg Simmons (7862)
Jim Walker (8009)
Patrick Buckley (2443)
$48,310.00
$31,471.00
Logname: 20AVONDALE HASLET DESIGN AMENDMENT DUNAWAY Page 2 of 2