HomeMy WebLinkAboutOrdinance 23262-06-2018 Ordinance No. 23262-06-2018
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
SPECIAL DONATIONS CAPITAL PROJECTS FUND, FROM AVAILABLE FUNDS, IN THE
AMOUNT OF $65,000.00, FOR THE PURPOSE OF FUNDING THE INSTALLATION OF A
RESTROOM/CONCESSION BUILDING AT NORTHWEST COMMUNITY PARK;
PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE
OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2017-2018 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Special
Donations Capital Projects Fund in the amount of$65,000.00,from available funds,for the purpose of funding
the installation of a restroom/concession building at Northwest Community Park.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair
the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 22928-09-2017 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said`conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
Matthew A. Murray ary J. Kays
Assistant City Attorney
ADOPTED AND EFFECTIVE: June 12, 2018
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TURNKEY QUOTATION
PROJECT NAME: NORTHWEST COMMUNITY PARK
OWNER: CITY OF FT. WORTH, TX
DATE: 27 MARCH 2018
Restroom Facilities Limited (RFL), the Nation's leading specialized restroom design/build firm
since 1988, offers to furnish and install, per plans and specifications, subject to our attached
Scope of Work, and the Standard Terms and Conditions of Sale, which become part of our offer
to sell.
PRELIMINARY PURCHASE PRICE
BUYBOARD CONTRACT 512-16
RFL BASE MODEL# AB312CNSTDF @ $ 185,732.00
INSTALL @ $ 9.000.00
TOTAL WITH BUYBOARD DISCOUNT @ $ 194,732.00
FREIGHT AND CRANE @ $ 24,250.00
TOTAL BUYBOARD W/ FREIGHT AND CRANE @ $ 218,982.00
Payment terms: 50% installment with order; 45% in progress billings during construction; and
balance of 5% upon completion of delivery and installation, no retention. Payment of 95% must
be received by RFL prior to scheduling of delivery and installation. Thank you for considering
RFL as your restroom specialist for this project.
HOW WE WORK
Once plans have been approved and engineer stamped, the manufacturing process begins.
Typically, the manufacturing time frame is approximately 90-120 days and begins with
execution of sales order and receipt of approved submittals, color selections and progress
payments. It is the responsibility of the Client to respond to color selections in 1-3 days, if this
condition is not met it will delay the construction process and the Client may incur additional
charges. In-plant inspection reports and certifications will be provided by an independent
inspection agency.
Initial Initial Page 1 of 8
1707 Colt Circle, Marble Falls, Texas 78654 9 Phone: 512.222.5454 9 www.restroomfacilities.com
The client must prepare the site in accordance with the "Scope of Work by Client" attached and
coordinate any required on site inspections. Client is required to provide verification that the site
is ready for delivery in accordance of Client's scope of work.
Exclusions:
A. Sidewalks beyond building slab.
B. Site issues beyond the control of RFL.
C. Damage to existing improvements.
D. Protection of existing utilities, landscaping, and improvements.
E. If required per geotech report, footing, piers, and/or select fill labor and materials to be
provided by others.
F. Excavation and backfill of trenches
CLIENT'S SCOPE OF WORK
TURNKEY INSTALLATION OF RESTROOM BUILDING WITH ATTACHED SLAB
1. SURVEY STAKES:
Provide ten foot offset stakes and locate front corners of building, existing utilities, and
inverts within the area of construction. Locate and mark final slab elevation.
2. SUBGRADE PAD:
Detailed instructions to prepare the building site are as follows:
2.1. Excavate down ten inches below the finish floor elevation (the slab is eight
inches thick on top of a two inch sand bed).
2.2. Import six inches of%- road base rock, and pour for a footing and/or piers.
2.3. Compact to 95%, or to local code requirement. If RFL installer questions 95%
compaction Client will be required to sign off on approval of setting of the
building.
2.4. Compact one foot over in all directions (over build).
2.5. Supply approximately five cubic yards of clean sand, on side of site, for fine
grading.
2.6. Excavate and backfill trenches up to and within building pad for RFL supplied
underground utility service kits.
2.7. Provide water and inspection for RFL supplied underground sewer kit.
2.8. All irrigation should be turned off prior to delivery to allow the surrounding soils to
dry and bear the weight of the truck and crane. Any damage to area after
verification of path in is the responsibility of the Client.
2.9. Check corner locations against plans for proper sizing.
2.10. Verify finish floor elevation for concrete slab (shipped fully attached to the
building.)
2.11. Excavate one foot perimeter footing if required by local code to specified depth.
2.12. Verify that pad is level and flat and at correct elevation.
Initial Initial Page 2 of 8
1707 Colt Circle, Marble Falls, Texas 78654 9 Phone: 512.222.5454.www.restroomfacilities.com
3. SITE ACCESS AND STORAGE:
Provide suitable safe clear access to allow a crane (minimum 110 tons), and the building
on a semi-trailer (up to 40 tons)to reach site (14'width, 70' length, and 14' in height). If
path to site is over existing utilities, sidewalks, or other damageable areas, proper
marking, plating or other appropriate protection must be provided by and paid for
by CLIENT. CLIENT is responsible for removing any overhead obstructions (i.e. power
lines, trees). CLIENT is responsible for scheduling and paying for the de-energizing of
any power lines, if powerlines are not de-energized in a timely manner any additional
truck and /or crane cost will be the responsibility of the Client. This proposal provides for
a 110 ton crane with access to within 25' of the building pad. The proposal is based on
four (4) hours of crane time. If access is limited a larger crane may be required. All
additional crane costs shall be borne by the CLIENT. A direct route to the project
site is assumed. Should routes be altered due to road closures or restrictions, additional
fees may apply.
4. UTILITIES:
Bring water, sewer, and power (if applicable) utilities into point of connection Christy
boxes (supplied by RFL), within six feet of the building line at the location shown on our
plan.
4.1. Water: RFL will furnish a water point of connection (isolation valve), from
mechanical chase to a Christy box six feet from the building line. CLIENT must
have a licensed plumber install and connect service to valve.
4.2. Sewer: RFL will furnish a sewer point of connection from mechanical chase to a
Christy box six feet from the building line. CLIENT must have a licensed plumber
install and connect service. Depth of sewer line (below finished floor elevation)
will be approximately 30" at bottom of sewer line at a distance of 6' from building.
It is the responsibility of the Client to meet up with RFL's supplied sewer line at
this depth. Client will be responsible for hiring of licensed plumber to acquire
appropriate plumbing permit, to install prefabricated underground plumbing kit
into pre dug trench, and to make connections between underground stubups
and internal building plumbing located in plumbing chase within the building. RFL
installer will be on site to answer any questions or give direction as to proper
installation of said plumbing kit as requested by licensed plumber or client.
4.3. Electrical: (when this option is chosen) RFL will furnish and install a PVC conduit
and a Christy box to the point of connection six feet from the building line.
CLIENT to pull the electrical service line through the conduit and connect to the
main panel lugs inside the building. All electrical inside the building will be
furnished and installed by RFL, except as noted above in exclusions.
4.4. If the utilities are not available and connected to building when we depart the site,
an additional charge will be billed to the CLIENT in the amount of 1,500 per day
to send an installation crew back to site to flush out plumbing lines, pressurize
building plumbing, test for leaks, test all other components of the building
(plumbing, sewer, electrical), and conduct a final walk through of the building.
Initial Initial Page 3 of 8
1707 Colt Circle, Marble Falls, Texas 78654 • Phone: 512.222.5454 9 www.restroomfacilities.com
4.5. A minimum 1%" line with 25 gpm at 60 psi pressure minimum is required to
ensure that water closets will operate as designed. If this is not available an
auxiliary holding tank may be required.
S. SPECIAL CONDITIONS AND COSTS:
If specifications and /or local ordinances by owner and/or local jurisdiction require any
testing, work by licensed plumbers, work by licensed electricians, or special inspections,
costs, if any, shall be borne by CLIENT.
6. PERMITS AND FEES:
All building permits and fees shall be borne by CLIENT.
7. INSPECTIONS:
We require that all inspections be scheduled with adequate notice to ensure that the
underground plumbing and electrical work is approved prior to placement of building.
We require that final inspection and acceptance by owner and building officials be
performed immediately following RFL's completion of installation. If any conditions exist
in which RFL cannot conduct a final walkthrough (no utilities/ partial utilities available
during install, or other circumstances beyond our control) there will be an additional
charge of 1,500 per day to send an RFL install crew or crew member back out to site at
a later date to complete the installation. We also require final inspection and acceptance
immediately following RFL's conclusion of any correction items.
8. SITE CLEANUP AND DEBRIS REMOVAL:
CLIENT shall provide an on-site trash bin for disposal of one pick up load of debris. All
excess spoils shall be responsibility of CLIENT. All rough and final grading shall be by
CLIENT.
9. VERIFICATION OF PREPARED PAD:
Client must verify elevation, compaction of pad as well as the pad being flat and level
prior to delivery of building(s).
STANDARD TERMS AND CONDITIONS OF SALE
1. LINKAGE:
These Terms and Conditions of Sale shall apply and form a part of the Company's Offer
to Sell and supersede all other expressed or implied terms and be linked to our
Agreement for work whether or not signed by the Purchaser.
2. ACCEPTANCE:
Unless otherwise expressly stated herein, the Company's Offer supersedes all previous
quotations and expires, unless accepted by purchaser, within thirty (30) days from date
of Offer. None of the Terms and Conditions contained in this quotation may be added
to, modified, superseded or otherwise altered except by a written instrument signed by
Initial Initial Page 4 of 8
1707 Colt Circle, Marble Falls, Texas 78654 9 Phone: 512.222.5454 9 www.restroomfacilities.com
the President of the Company. Each shipment to buyer from the Company shall be
deemed to be only under these Terms and Conditions of Sale, which shall become part
of our Offer to Sell, notwithstanding any Terms and Conditions that may be contained in
any purchase order or other form of the buyer, notwithstanding the shipment,
acceptance of payment or similar act of the Company. All Purchase Orders when
accepted by the Company at 1707 Colt Circle, Marble Falls, Texas 78654, will be in
accordance with the Laws of the State of Texas. All orders are subject to review by the
Company in accordance with the Company's Offer to Sell before final acceptance is
authorized. All disputes shall be governed by applicable Texas Law and all claims shall
be filed and litigated in Burnet County, Texas, with the prevailing party recovering
attorney's fees.
3. PRICES:
Sales tax is not required provided the structure is installed by RFL. All Use taxes, and
applicable in plant taxes, in plant permits and fees are paid for by RFL. If payment is not
made by client in accordance with the Contract Terms, interest will be charged at the
rate of 1-1/2% (one and one/half percent) per month until paid. If an order is accepted
by the Company, and a delivery date is accepted by the Client, and delivery is delayed
by the Client, payment of all but 10% is due upon completion at the Point of
Manufacture. A 1-1/2% (one and one/half percent) per month added fee shall be due for
each month the shipment is delayed.
4. TERMINATION:
Purchaser shall be responsible for costs of work performed which will include overhead
and profit. Contract may not be cancelled once production has commenced.
5. TITLE AND LIEN RIGHTS:
All Products remain the personal property of the Company, whether or not affixed to any
other real property or structure, until the price (including any notes given therefore) of the
equipment has been fully paid in cash. The Company shall, in the event of the
purchaser's default, have the right to enter upon any premises and repossess such
structures and equipment wherever it may be located.
6. LACHES:
Failure of the Company to exercise any right or remedy under this contract shall not be
deemed a waiver of such right, nor shall any lien or other right of the Company be lost or
impaired by laches or in any manner or by any act or failure to act.
7. LIMITATION OF LIABILITY:
Under no circumstances, unless stated in our Offer to Sell or bid, shall the Company
have any liability for liquidated damages, for collateral, consequential special damages,
loss of profits, loss of production, delay in the progress of construction, whether resulting
from delays in delivery, performance, breach of warranty, due to lack of timely
performance in reviewing and approving shop drawings, completing site preparation or
Initial Initial Page 5 of 8
1707 Colt Circle, Marble Falls, Texas 78654 9 Phone: 512.222.5454 9 www.restroomfacilities.com
lack of payment in accordance with the terms set forth herein. The aggregate total
liability of the Company under the contract, whether for breach of warranty or otherwise
shall in no event exceed the contract price. Buyer agrees to indemnity and holds
harmless the Company from all claims by third parties which extend beyond the
foregoing limitations on the Company's liability.
8. DELIVERY:
Except as may be otherwise specified in the attached Offer, delivery will be F.O.B. point
of manufacture. Time of delivery is an estimate only. The Company shall in no event be
liable for delays caused by fires, acts of God, strikes, labor difficulties, acts of
Government or military, delays in transportation or procurement of materials or causes of
any kind beyond the Company's immediate control. if building is ready for shipment and
Customer delays said shipment, Company shall store the facility at the point of
manufacturing and charge 1-1/2% (one and one/half percent) per month as a storage
charge. If shipment arrives and site is not ready, Owner shall pay any off-site storage
fees as applicable.
9. WARRANTY:
All structural elements produced by the company are warranted to the purchaser to be
free from defects in material, workmanship and title. The Company will replace or repair,
at its option, defects in workmanship or any part which is proven defective within five
years from delivery. This warranty applies only where the Company has been notified in
writing of the defect within the warranty period and where any equipment has been
properly operated and maintained in accordance with the Company's instructions: the
Company having no responsibility for abuse, neglect or improper storage. Should any
issues arise where additional work must be performed RFL retains the right to perform
this work at the earliest opportunity. Should it be necessary to have this work performed
by others due to the nature of the work or a conflict in scheduling, RFL must be notified
48 hours in advance in writing and given the opportunity to perform said work. Should it
be necessary to have this work performed by others a written estimate must be
approved by RFL in advance of any work being undertaken. The Company assigns any
and all warranties for fixtures, appliances, and other equipment manufactured by others
to said other manufacturer. Due to its nature, concrete is prone to settling and cracking.
Minor cracking in the concrete is normal and is not the responsibility of RFL. We use
high quality 304 stainless steel in our products and under certain conditions and/or
improper maintenance stainless steel may rust. Minor rust spots or discoloration are not
the responsibility of RFL. The foregoing shall constitute the said liability of the Company
and the sole remedy to the purchaser. Company's warranties as set forth in this
paragraph are exclusive and are in lieu of, and purchaser hereby waives all other
warranties, expressed or implied, including without limitation, any implied warranties or
merchantability and fitness. This warranty shall be void if payment in full for the project
is not received by the Company in accordance with these Terms and Conditions of Sale.
Initial Initial Page 6 of 8
1707 Colt Circle, Marble Falls,Texas 78654•Phone: 512.222.5454•www.restroomfacilities.com
10. CREDIT:
(Deposit and Progress Payments)
11. MUNICIPAL AND FEDERAL GOVERNMENT AGENCIES:
Orders may require deposits or progress payments. If buyer's financial situation justifies
such action, the Company may at its election require payment in advance or cancel the
order as to any unshipped item and require payment of its reasonable cancellation
charges. If the buyer delays completion of manufacture or a delay in shipment, the
Company shall require payment according to the percentage of completion. In the event
of the default of the buyer, the Company is entitled to the full amount due including
reasonable attorneys fees, costs, storage, expenses of physical recovery, and interest at
1-1/2% (one and one/half percent) per month.
12. CLIENTS AND NON-GOVERNMENT AGENCIES:
Orders may require deposits or advance payment as well as progress payments subject
to the buyer's creditworthiness in accordance with the Company's applicable credit
policies. Breach of any payment terms shall accelerate full payment which shall be due
the balance of the contract amount including change orders.
Initial Initial Page 7 of 8
1707 Colt Circle, Marble Falls, Texas 78654 9 Phone: 512.222.5454 9 www.restroomfacilities.com
Restroom Facilities Limited
John Putman, President Date
Client Name
Name and Title Date
Initial Initial Page 8 of 8
1707 Colt Circle, Marble Falls, Texas 78654• Phone: 512.222.5454•www.restroomfacilities.com
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f7. WORTH TEXAS
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/12/2018 -Ordinance No. 23262-06-2018
DATE: Tuesday, June 12, 2018 REFERENCE NO.: C-28733
LOG NAME: 80NWCP II - DONATION FOR AND CONSTRUCTION OF A RESTROOM
SUBJECT:
Authorize Acceptance of a Donation in the Amount of$65,000.00 from Fossil Creek Little League, Adopt
Appropriation Ordinance, and Authorize a Purchase Agreement with Restroom Facilities Ltd. Using Texas
Association of School Boards BuyBoard Contract No. 512-16, in the Total Amount of$218,982.00, for the
Purchase, Design, Delivery, and Installation of a Restroom/Concession Building at Northwest Community
Park (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize acceptance of$65,000.00 in monetary donations from Fossil Creek Little League;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations to the
Special Donations Capital Projects Fund in the amount of$65,000.00 for the purpose of funding
installation of a restroom/concession building at Northwest Community Park; and
3. Authorize a purchase agreement with Restroom Facilities Ltd. using Texas Association of School
Boards Buy Board Contract No. 512-16, in the amount of$218,982.00, for the purchase, design, delivery,
and installation of a restroom/concession building at Northwest Community Park.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the acceptance,
appropriation, and use of a monetary donation from the Fossil Creek Little League (FCLL), in the amount
of$65,000.00, for the installation of a restroom/concession building at Northwest Community Park, and to
authorize the purchase of a restroom/concession building from Restroom Facilities Ltd., in the amount of
$218,982.00, using Texas Association of School Boards (TASB) Buy Board Contract No. 512-16,
On October 14, 2014, the City Council approved an Allocation Plan for$1,841,600.00, as part of
Proposition Two of the'2014 Bond Program for additional athletic fields in Fort Worth. That plan included
an allocation of$200,000.00 to be used as a challenge grant match for cash donations and monetary
grants received or committed to support the athletic fields project at Northwest Community Park (M&C G-
18337).
On February 9, 2018, FCLL made a monetary donation of$65,000.00 to the Park & Recreation
Department (PARD) to be used as the challenge grant match. Staff recommends using the $200,000.00 of
challenge grant funds and FCLL's $65,000.00 donation towards improvements in the park, including total
funding of the restroom/concession building purchase.
The FCLL and PARD understand that the acceptance of this donation shall not grant nor guarantee
Logname: 80NWCP II - DONATION FOR AND CONSTRUCTION OF A RESTROOM Page 1 of 3
exclusive use of the athletic fields by the FCLL; and that the City of Fort Worth through its PARD shall
retain sole use, ownership and management rights of the fields and associated facilities, including
scheduling of all fields and determining the uses thereof, including, but not limited to, the rules,
regulations, policies and assessment of authorized fees. The City, through its PARD, shall enter into an
agreement with the FCLL for management and operations of the concession stand and maintenance of
the restroom facility.
State Law provides that a local government purchasing an item under a Cooperative Purchasing
Agreement satisfies state law requiring that the local government seek competitive bids for purchase of
the item. TASB contracts have been competitively bid to increase and simplify the purchasing power of
government entities across the State of Texas.
PARD staff solicited quotes from three vendors listed in cooperatives. Using BuyBoard as the cooperative
alliance, PARD acquired the following three quotes for the restroom/concession building:
BuyBoard Cooperative ContractC Quote
_. _..----
Restroom Facilities Ltd. 512-16 $218,982.00
Romtec, Inc. 512 16� $234,809.00$226,024.53
Public Restroom Company 512-161
PARD and Purchasing staff have reviewed the quotes and recommend awarding a one-time agreement to
Restroom Facilities Ltd., under BuyBoard Cooperative Purchasing Contract 512-16, which expires on
September 30, 2019, for the design, delivery, and installation of a restroom/concession building at
Northwest Community Park.
This project is included in the 2014 Bond Program. Available resources within the General Fund will be
used to provide interim financing until debt is issued. Once debt associated with this project is sold, bond
proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to
Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No.
21241-05-2014) and subsequent actions taken by the Mayor and Council.
M/WBE OFFICE -An M/WBE goal is not assigned when purchasing from an approved purchasing
cooperative or other public entity.
Approximately 120 calendar days are required for development and installation, to commence in June
2018, with an estimated completion date to be September 2018. Beginning in FY2019, the maintenance
impact is anticipated to be $3,865.00 annually. There is no FFBE associated with this project scope.
In accordance with Chapter 7, Article III, Section 7-47, Section 109.2.1 of the City Code, Building and
Trade Permit Fees are waived for this project.
Northwest Community Park is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated of
2014 Bond Program Fund pursuant to Ordinance No. 21457-09-2014 and the Special Donations Capital
Projects Fund. The department has the responsibility to validate the availability of funds prior to an
expenditure being made.
FUND IDENTIFIERS (FIDs):
Logname: 80NWCP II - DONATION FOR AND CONSTRUCTION OF A RESTROOM Page 2 of 3
TO
Fund Department ccoun Project Program ctivity Budget I Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
Logname: 80NWCP II - DONATION FOR AND CONSTRUCTION OF A RESTROOM Page 3 of 3