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HomeMy WebLinkAboutContract 44599 (2)� ;�; �� � ,�r l;:t. �'_"�;:R; INFRASTRUCTURE CONSTRUCTION AGREEMENT HARLEY AVENUE PHASE 3 WHEREAS, Event Facilities Fort Worth, Inc., ("Developer'� and the City of Fort Worth, a Texas municipal corporation (`�City'�, each desires to enter into this Infrastructure Construction Agreement (��Agreement'� to make certain drainage improvements in or near the Fort Worth Botanic Gardens and Triniry Park as well as pedestrian access improvements to Trinity Park at Trail Drive (f/k/a) Harley Avenue and University Drive (the ��Project'� all as further described by Exhibits A-E attached hereto; and WHEREAS, Developer is a 501(c) (3) corporation, and on a reimbursement basis for no fee, is willing to provide advance funding and oversight of these needed improvements on an earlier schedule than they might otherwise have been implemented, and WHEREAS, City has accepted donations and approved and authorized additional funding for the Project by M&C G-17916 (June 4, 2013), and WHEREAS, pursuant to the terms of that certain Design Procurement Agreement between City and Developer dated September 9, 2011, City Secretary Contract No. 42248, as amended, (the "Design Procurement Agreement" or "DPA'�, Developer retained the services of Freese & Nichols, Inc. ("Engineer") to provide the design of the Project pursuant to the ��Engineering Contract" attached to the Design Procurement Agreement; and WHEREAS, publicly advertised bids for construction of the Project were received and publicly opened on March 21, 2013, and the company offering the low bid for the Project was S.J. Louis Construction of Texas, LTD (��Contractor'�, who, being fully qualified and accepted by City to construct the Project, will be retained by Developer to do so; and WHEREAS, City has approved and authorized the construction funding of the Project based on the bid of the Contractor in the amount of $1,094,248.00 (the "Construction Cost'�. NOW, THEREFORE, For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: I. General Requirements A. The Policy for the Installation of Community Facilities, dated March 2001, approved by the City Council of the City of Fort Worth and subsequently amended from time to time by a Mayor and Council Communication adopted by the City Council of the City of Fort Worth, and limited to only the specific sections of the Policy that are listed in this paragraph (��Policy'�, is hereby Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 1 of 14 RECEIVED JU�12 � ���,� incorporated into this Agreement as if copied herein verbatim. The Policy Sections incorporated herein are: Section I"Definitions" (all definitions); Section II "Procedures for Obtaining a Contract for the Installation of Community Facilities" (Paragraph 2, Paragraph 3, Paragraph 7.C, Paragraph 7.D.1-4, Paragraph 8.A, Paragraph 8.B., Paragraph 8.C.1-2, Paragraph 8.C.6-7, Paragraph 8.D. and Paragraph 8.E.); and, as applicabie, Section III ��Water and Wastewater Installation Policy" through Section X"Policy for Street Name Sign Installations", inclusive. This Agreement shall be deemed to be a"Community Facilities Agreement" as referenced in that Policy. Developer agrees to comply with all provisions of those incorporated sections of the Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the incorporated sections of the Policy in connection with the work performed by said contractors, except as otherwise limited by or provided in this agreement. B. The City will reimburse Developer as set forth herein for the costs of constructing the Project up to the amount of Construction Cost approved by the City, subject to adjustment by Change Order as set forth in Paragraph C below, and subject to the 5% retainage set forth in the agreement between Developer and Contractor, which incorporates City's current standard construction contract documents. Developer shall not be required to provide financial security. Instead, Developer shall submit to the City in writing, monthly requests for payment, certified by the Engineer, stating the quantity of work that has been completed on the Project, the amount expended for that work, and the estimated costs of the Project that remain uncompleted as of the date of the request. The form of Engineer's certificate must be substantially similar to that contained in the AIA G702 — 1992, or as otherwise approved by the City. The City, upon receipt of the certificate and after confirmation by City staff of the quantity of work completed shall make progress payments of the Pledged Funds within thirty calendar days after receipt by the City of the Developer's request for payment. Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 2 of 14 C. It is understood that the Project may be modified as necessary through the course of construction by written Change Orders prepared by the Engineer on a form that is acceptable to the City, with the Construction Cost and the schedule for construction being adjusted accordingly and reflected in the Change Order. Adjustments to the Construction Cost will be based on the unit prices in the Contractor's bid when those unit prices are applicable to the change. The Construction Cost may be modi�ed only by a written Change Order that has been approved by the City. The issuance of one or more Change Orders may not increase the original Construction Cost by more than 25%. D. The "Drainage Component" of the Project will generally consist of certain drainage infrastructure improvements in the Fort Worth Botanic Gardens to enclose an open channel and reroute drainage into an underground storm drainage system, and in Trinity Park to stabilize an existing channel and minimize impact to the park due to the previous realignment of Harley Avenue from Rip Johnson to Montgomery Street as further described by Exhibits A, C, & D attached hereto. E. The ��Roadway Component" of the Project will generally consist of infrastructure improvements in University Drive at the intersection of Trail Drive (f/k/a) Harley Avenue to provide enhanced pedestrian access to Triniry Park as further described by Exhibit B, attached hereto. F. Developer will submit, upon completion of the Project, an Affidavit of Bills paid signed by its Contractor and Consent of Surety signed by its surety to ensure the Contractor has paid all sub-contractors and suppliers in full. Additionaliy, the Contractor will provide in a written affidavit, acknowledgement that the Contractor has been paid in full by Developer for all services, labor and materials provided under this contract. G. Developer agrees to cause the construction of the improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 3 of 14 H. The following exhibits are attached hereto and made a part hereof: a. Exhibit A— Storm Drain Line E Extension b. Exhibit B— Pedestrian Improvements on University Drive c. Exhibit C— Trinity Park Channel Improvements d. Exhibit D— 72-inch Storm Drain Abandonment e. Exhibit E— Construction Costs I. The Developer shall award all contracts for the construction of community facilities in accordance with the incorporated Sections of the Policy and the contracts for the construction of the public infrastructure shall be administered in conformance with the incorporated Sections of the Policy. J. Developer agrees to the following: i. To retain S.). Louis Construction of Texas LTD. as the Contractor to construct the Project; provided that, in the event that S.J. Louis Construction of Texas �TD. is unable to perform as the Contractor for the Project, any other construction contractor who is selected as the '�Contractor" must first be approved by the Transportation & Public Works Director, said contractor to meet City's requirements for being insured, licensed, bonded, and prequalified to do work in public streets with the understanding that any such alternate construction contractor must meet all other requirements of the ��Contractor" herein, including those set forth above in Paragraph H. ii. To utilize contracts for construction of the Project that incorporate and comply with the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts, with any modifications of such specifications and documents subject to the written approval of the City. iii. To require Contractor to meet or exceed a pre-established Business Diversity Enterprise goal of 15% pursuant to the terms of City Ordinance No. 20020-12-2011 (the '�BDE Ordinance"). Developer agrees to submit to the City's MWBE office for review, Contractor's BDE Ordinance-compliant Periodic Payment Reports (��Payment Reports"). In addition to the requirements for the release of Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page4of14 retainage as set forth in the agreement between Developer and Contractor, City's release of the withheld retainage (under Paragraph B, above) is subject to the Contractor's documented compliance, or accepted reasons for noncompliance, with the Business Diversity Enterprise goal pursuant to the terms of the BDE Ordinance. iv. To require Contractor to furnish to the City a payment bond and a performance bond in the names of the City and the Developer for one hundred percent (100%) of Contractor's contract price, and a maintenance bond in the name of the City for one hundred percent (100%) of Contractor's contract price for a period of two (2) years insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. v. To require Contractor to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City and the Developer shall be named as additional insured on all insurance required by said documents and same will be evidenced on the ACORD Certificate of Insurance supplied by Contractor's insurance provider and bound in the construction contract book or attached to the respective contract. vi. To require Contractor to give 48 hours notice to the City's Construction Services Division of its intent to commence construction so that City inspection personnel will be available; and to require the Contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. vii. To require Contractor to have fully executed contract documents Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 5 of 14 � submitted to the City to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Contractor. K. City agrees to reimburse Developer for additional engineering expenses for unforeseen conditions discovered during construction, subject to City approval of said costs. L. If Developer is required to pay the costs of relocating or replacing franchise utilities (including, without limitation, gas, electric, telephone or other communications), City hereby agrees to reimburse Developer for such costs as they are incurred or paid by Developer and for reasonable construction costs for unforeseen conditions as described in Paragraph K. with Ciry approval of said costs. Such reimbursement will be made in accordance with the time frame specified in Paragraph B above. M. Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless, and defend the City, its officers, agents, and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, or in consequence of any failure to properly safeguard the work, but only to the extent caused by the neglect or misconduct of Developer. N. Developer will require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from, or in any way connected with, the construction of the infrastructure contemplated herein, whether or not such iniuries death or damaQes are caused, in who% or in Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 6 of 14 part, bv the a//eQed neq/iQence of the Citv oF Fort Worth, its o�cers, servants, or emp/oyees Further, Developer wili require its contractors to indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications and shall cause to be executed and delivered to the City an indemnity agreement from such contractors on a form to be promulgated by the City. Such indemnity agreement may be contained in and made a part of the construction agreements between Developer and its contractors. O. Developer agrees that all contracts with any contractor shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contracts. Further, upon completion of all work associated with the construction of the infrastructure and improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. P. Developer will not be responsible for payment or reimbursement to the City or County of any costs for construction inspection and/or material testing. Q. If construction of the Project has not commenced within nine months from the execution of this Agreement, or if construction of the Project has not been substantially completed within two years from the commencement of construction, the City shall have the right to terminate the contract, reimburse the Developer for reasonable costs incurred up to the time of termination and shall have the right to complete the construction of the Project. In connection with the foregoing termination, Developer will assign any construction contracts to the City that the City has chosen to accept assignment of and/or terminate all remaining construction contracts, as directed by the City. The City agrees to accept and assume all Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 7 of 14 responsibilities and liabilities of Developer under any contracts the City directs to be assigned to the City, except to the extent such liabilities arise from the negligence or intentional misconduct of Developer. Cost Summary See Attachment E for itemized schedule of Construction Cost. ACCORDINGLY, the Developer and City have each caused this Agreement to be executed in quadruplicate in their respective names and on each entity's behalf by their respective duly authorized signatories, effective as of the later date signed by the City, EVENT FACI i By: �'l (.,� Mike Groomer President and CEO Date: dG-.Z�o'�� CITY OF FORT WORTH Bv: �N�+� (.N� Fernando Costa Assistant City Manager Date: (o Z7 !3 Recommended by: Transportation & Public Works Deqart�ment l�J . �.J M&C Date FORT WORTH, INC. ��.�-�,L�- �l � I '� Approved a� to Form & Legality.• �' �._7 ,, '� �, �� Douglas 1N. Black Assistant City Attorney ,� ATTEST; Ma"ry J. K�y�' City Secretary :� - 1 � �� I � _� � Douglas Di rector ,�.�,..y.b. �,.,;, `` ���� °����;v � o���` ° ""# F 0 a �o �" � � ��„�o�o�oo �� �� � b����� ¢ Wiersig Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 8 of 14 List of Attachments to this Agreement Exhibit A— Storm Drain Line E Extension Exhibit B— Pedestrian Improvements on University Drive Exhibit C— Trinity Park Channel Improvements Exhibit D-72-inch Storm Drain Abandonment Exhibit E —Construction Costs Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 9 of 14 ��. I I�%�,C;I I(�/�;�j\I"�� ��,., �� i � �:s :'�: ii�i- LI _ �n i ��,7 bth 5_ '�. '�,V fi;l� ;. �- - rt -.u, � _ 'iJ.f�Cil � 7�tt �;� "� �g _ 'v�.' �Ih �t yY ;'rti ,3? yd iti, 5� - 'n UV ?t� St - � �l�! r th St VJ 7�Fi 51 1,a7{�IiPA'.B R�:,d�inFYq Ci f.'m.irf-i�'•J� �n �-• r� ,� ; I.iu�,e� ��� u1 G•nckaF. 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(Harley Ave. Phase 3) Page 10 of 14 Z O N Z X W W Z N � O ¢ m 3 a 2 Z i � � � N aLL >� i `� M 3 a a � c ✓� � a 0 �z u4 ii � �Z F _.. J E O S W w E ~ K v � (V o val ^3m m�o �^N WN � O_' N M uw a a .� a Exhibit B Pedestrian Improvements on University Drive [follows] Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 11 of 14 Z ¢ a ¢ 3 > � N K i Z � 2 X W � O Y Q m� 3 �- a N � 3 i~ z v� u � aa �> u� dw N � �Qr x � a S � T � ; O ~ tl ^ N q N f / o N� N Z I m � � NNN d'NCi aw n a., ¢ Exhibit C Trinity Park Channel Improvements [follows] Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 12 of 14 � Z � ; 0 ' � ' � , � ' � ' w ' > z ' � � X o w > � Q � J p Oi O 3 W a a m i a x o a � a L1 K N N/ ��. �. ��. a�z ' i � s ' � 3 -� �. . �.. � o w a ¢ ° ' � � � � N � 3 d � O -� L M dQ �� Freese and Nichois, Inc. j��o Texas Registered Engineering Firm F-2144 f ti o . �� PROPOSED ROCK PROTECTION PROPOSED ROCK PROTECTION � TRINITY PARK PROPOSED CHANNEL TRM PROTECTION � � �-PROPOSED DROP STRUCTURE PROPOSED RIPRAP N 0 50' 100' 200 SCALE IN FEET aW d 3 CITY OF FORT WORTH F�NN i�17�n�ictEiois HARLEY AVENUE �q�` � Q � z � U 4055 IntemaUonvl Plaza, Sui�e 200 m��^ N Fort Worth, iexas 76109-4895 CIVIL �� ti � P^°°e -�e„> "5-'3°° E X H I B I T C N . Z Fax - (817) 7J5-7497 K N Mo � a� L� TRINITY PARK DRAINAGE IMPROVEMENTS uw aw Q" Q� Date: Apr 03, 2013 - 1022am User. cj File: N:\if\Drowings\PHASE 3\CV-PL-GN-E%H8T3.dwg APRIL 20 i 3 SCALE �"_100� OESIGNED JTO DRAFiED CJ FILE CV-PL-GN-EXH C Exhibit D 72-inch Storm Drain Abandonment [follows] Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 13 of 14 z a �� m c a u BYERS AVE � m N a EL CAMPO AVE H N � w � O U H O � i w3 865 LF OF EX. 72" RCP TO , BE ABANDONED'' BY GROUTING, `ei � ; / i, f i � �� !/� i/���'� � ,� � i // �/ � � �"� �/ii , . �� i � j ' % j� , l *, _ //' �` //`� �/ . , i �`� � � � l ;1 , i 7 � . . �'. '�.� � . �, ���: � �_ ' . ' . , ' __ . _._ . : �.i '. -� ..... ' � � -' � _i a 3 } a o � � � z � u o z ¢ a oa �oq ac�u '� 3 v � �- N S � w Z N � �� a a a �� a a m �N� i `JN a s �, �� > =d§ ~ N £%�M� ��o� ., _ -- z N � M .. m�..W f' NU NN Z K N M W 040� Uw QW Qu Qd' � � w � O U O � "/'�� :. !� i i� � � � � l �1 �� ) � 1 ` �l� �� � �. ��� � � / ,/ i" ,, �// I E' , ,:�� , ,,, ,, , �;, � ,�, ,/�'�/ I ����� � � � ` N /�/ I I I� 0 100' 200' 400' SCALE IN FEET Freese and Nichols, Inc. Texos Registered Engineering Firm F-2144 r��NICHOL 5055 Intemationvl Plazo, Suile 200 Fort Ylorth, Texas 76109-4895 Phone — (61�) �35-7300 Fax — (817) �35-7497 Date: Apr File: CITY OF FORT WORTH HAR�EY AVENUE C NIL EXNIBIT D MCWANE 72" RCP ABANDON n�,...........\ ouncC i\!Y/—Oi _!`�.I_CYHRTF rlwn AS SHOWN � JTO � CJ -Pf.-GN-EXH 0 FIGURE LINDEN AVE. COLLINWOOD AVE Exhibit E Construction Costs [follows] Infrastructure Construction Agreement CFW-EFFW, Inc. (Harley Ave. Phase 3) Page 14 of 14 HARLEY AVENUE PHASE 3 STORM DRAINAGE AND PEDESTRIAN IMPROVEMENTS EXHIBIT E - CONSTRUCTION COSTS Unit 1- Section A- Trinity Park $219,820.00 Unit 1- Section B- McWane 72" Abandon $77,010.00 TOTAL UNIT I $296,830.00 Unit II - University Sidewalk $68,297.00 TOTAL UNIT II $68,297.00 Unit ill - Storm Drain Line E Extension $729,121.00 TOTAL UNIT III $729,121.00 TOTAL CONSTRUCTION COST $1,094,248.00 Client: Project: Facilities Fort Worth Inc Ave Phase 3,'Paving & Drair ;1, 2013 14 Storm Line C TOTAL` FOR Apparent Low Bidder 906 CY�$85.00 V): ,010.00 EFF11221 Harley Avenue Phase 3- Bid Tab (3-21-13).xlsx 6/3/2013 page 1 of 3 �Un�tj Tc�TA� FOR UNIT 2 fUNIVERSITY SIDEWALK): $68,297.00 F� ryUrnti �+\'e.-,::,._.,_3 TOTAL FOR UNIT 3A'(SD LINE E EXTENSION): $729,121.00. � �,. � , _ BASE BID TOTAL,`� ,= .r r��_$1;094,248 00„� IVI&C Review _ CITY COUNCIL AGENDA Page 1 of 2 dfficial site of the City of Fort Worth, Texas �O�T �'�(11�7'tr �- �..�w:�w�� �������µ�.����� _ ����� ��.� . � �a .� - � COUNCIL ACTION: Approved on 6/4/2013 - Ordinance No. 20779-06-2013 ����. _ : m � �. � ��.�,��:�. - _ ����,� -� �. �,��..��;��� , . �.� r M DATE: CODE: SUBJECT 6/4/2013 REFERENCE NO.: G-17916 LOG NAME: 20HARLEY PHASE 3 EFFW G TYPE: NON-CONSENT PUBLIC NO HEARING: Authorize Acceptance of Monetary Donations from the Fort Worth Garden Club in the Amount of $85,000.00 and the Fort Worth Chamber Foundation, Inc., in the Amount of $100,000.00, Authorize Execution of an Infrastructure Construction Agreement with Event Facilities Fort Worth, Inc., in the Amount Not to Exceed $1,094,248.00 for Storm Drainage and Sidewalk Improvements, Authorize Transfer in the Amount of $341,341.00 from the Park Gas Lease Project Fund to the Stormwater Capital Projects Fund and Adopt Appropriation Ordinance, Council Proposal No. 00143 (COUNCIL DISTRICT 7) �- ..� �� � ,-�-�r-�:� �� � _ - . �x,� .. �: � � � � ___�- _,�;��� �,��� RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer in the amount of $341,341.00 from the Park Gas Lease Project fund to the Stormwater Capital Projects Fund; 2. Authorize the acceptance of monetary donations from the Fort Worth Garden Club in the amount of $85,000.00 and Fort Worth Chamber Foundation in the amount of $100,000.00; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Stormwater Capital Projects Fund in the amount of $526,341.00; and 4. Authorize the execution of an Infrastructure Construction Agreement with Event Facilities Fort Worth, Inc., in the amount not to exceed $1,094,248.00 for storm drain and sidewalk improvements. DISCUSSION: Staff is recommending approval of an Infrastructure Construction Agreement with Event Facilities Fort Worth, Inc. (EFFW), for the construction of the Harley Avenue Phase 3 project. EFFW has been working closely in partnership with the City on a number of capital improvements in and around the Botanic Garden and the Will Rogers Memorial Center. This project has three main components: Drainage improvements in Trinity Park to stabilize existing channel and minimize impact to the park. Pedestrian improvements in the intersection of Trail Drive (formerly Harley Avenue) and University Drive to improve access to Trinity Park. Drainage improvements in Botanic Garden that include enclosing an open channel and routing the drainage in an underground storm drainage system. This design has been coordinated with Botanic Garden Staff to allow for construction of a future Children's Garden. This drainage portion of the project includes two significant donations from the Fort Worth Garden Club and the Fort Worth Chamber Foundation, Inc. M/WBE Office: EFFW has agreed to provide for 15 percent M/WBE commitment in their Infrastructure Construction Agreement similar to the previous Infrastructure Construction Agreements with EFFW. �t�arP=�/4/�n1 � h/2�/2�13