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HomeMy WebLinkAboutContract 12504 THE STATE OF TEXAS § CITY SECRETARY CQNTRACT eta COUNTY OF TARRANT § �I WHEREAS, the City of Fort Worth, a home rule municipal corporation desires to enlarge the drainage channel located on property owned by Colonial Country Club, a non-profit corpora- tion, located in Fort Worth, Tarrant County, Texas, WHEREAS, Colonial Country Club wishes to limit the right- of-entry onto the Club's property during construction; and WHEREAS, Colonial Country Club desires assurances from the City that the Club will be compensated for any damages suffered by the Club as a result of such work; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That this agreement is made by and between the City of Fort Worth, a municipal corporation located in Tarrant County, Texas, acting by and through its duly authorized City Manager, Robert L. Herchert, hereinafter called "City" and Colonial Country Club, a non-profit corporation located in Tarrant County, Texas acting through its duly authorized representative, Charles T. Floyd, hereinafter called "Club". W I T N E S S E T H: That for and in consideration of the payment by City to Club of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration, the receipt of which is hereby acknow- ledged, Club agrees and consents to allow City the right of entry on that portion of Club's property described on Exhibit A, which is attached hereto and incorporated herein for all purposes inci- dent to this agreement. 1. The area where the work is to be performed, as shown on Exhibit A, will be identified on the grounds by stakes and other markings by Club or City and shall be approved by Mr. Don Armstrong or other authorized Club representative prior to com- mencement of work. The right of entry is limited to such area and the City covenants and agrees that it will not utilize any other area than that area designated in Exhibit A. 2. All employees utilized by the City for the performance of the work or any contractors or subcontractors engaged by the City for such purpose shall use one entrance to the Club property and one entrance only. Such entrance shall be from the South gate through the employee parking lot adjacent to the 16th tee. "Entrance to the project" shall be understood to mean all equip- ment utilized in the performance of the work as well as entrance by personnel, with the exception hereafter noted. 3. All heavy load bearing trucks such as concrete trucks or other heavily weighted equipment shall enter the property of the Club off Mockingbird Lane, West of the 15th green. Areas agreed to between the City and the Club for the crossing of fairways 15 and 17 for equipment and vehicles will be clearly marked, the exact location of which is to be approved by the City and by Mr. Don Armstrong, Grounds Superintendent, representative of the Club. Only the area as indicated shall be utilized for the ingress and egress of such equipment and vehicles. ,f., MR 4. All trucks hauling spoils or other related debris to or from the point of construction are to use the same route as indicated in 3 above for the removal of any and all soils or other related matter to or from the project. 5. It is understood there exists in the area of the con- templated work underground utilities and underground irrigation pipes, sprinkler heads, conduits, utilities used for the National Invitational Tournament, such as television cable, phone cable and electricity, all of which are to be clearly marked and identified, and the work performed will not disrupt, damage or harm such installations in any manner. It is the responsibility of the City to arrange through Southwestern Bell Telephone Co. and Texas Electric Service Co. for location of all underground communication and electrical facilities. Should it become neces- sary to temporarily disrupt such facilities, such disruption will not necessarily interfere with the utilization of the facility. The disruption shall be no longer than a three-hour duration at any one time and the facility will be restored to its original condition at the end of the disruption at no cost to the Club. 6. The City is well aware of the landscaping in the area and appreciates the importance of trees, shrubs, plantings, etc. , that have long been installed and maintained by the Club to obtain the maximum asthetic value of the surface and golf holes in the proximity. None of the trees, shrubs or other plantings as same presently exist shall be damaged, destroyed or otherwise affected in any manner. The City understands and agrees for the violation of this covenant, that all trees, landscaping, shrub- bery, and other plantings so damaged shall be promptly replaced with shrubs, trees and landscaping of equal quality, character and location, or in the alternative, the Club shall be adequately compensated for the loss or damage thereto so that it might restore the surface to its condition existing prior to the com- mencement of construction. 7. Any and all permanent structures such as parking lot surface, fencing, scooter paths, bridges and like structures shall be replaced at no cost to the Club by material of equal value and quality as that damaged, removed or affected in any manner. S. Any and all grass, plants, trees, material, scooter paths and like facilities shall be replaced at the completion of the job in a manner satisfactory to and acceptable to the Super- intendent of Grounds, Don Armstrong. Likewise, all compaction of the soil due to the transportation of vehicles or equipment over agreed areas shall be repaired and the soil restored to its condition prior to the commencement of work. 9. Restrooms for use of employees shall be placed in the parking lot area at a point to be agreed upon by the City repre- sentative and Mr. Don Armstrong, Superintendent of the Grounds, and all utilization shall be confined to the space once agreed upon. Likewise, all material temporarily dumped in the course of the work shall be dumped at a place designated in the employee parking lot area by the City representative and Don Armstrong, Superintendent of the Grounds. All material temporarily dumped shall be removed within a reasonable time and none shall remain after the completion of the job, with the area utilized for such dumping to be restored to its condition prior to the commencement of work. 10. No equipment or materials of any kind or character utilized in the performance of the work shall be left over the weekend at a point that interferes with the normal play of golf. -2- i 11. The front entrances on Country Club Circle shall not be utilized as ingress or egress to the point of construction. All such right-of-way shall be from Mockingbird Lane through the employee parking area and not otherwise. 12. Once work has begun same will be continuous without interruption, except for inclement weather of such nature as to make work impractical. In any and all events, the proposed construction shall be fully completed and the grounds cleared and restored to their condition prior to the commencement of the work no later than the 15th day of February, A.D. , 1983. 13. Any and all matters requiring discretionary decisions shall be made only by and between William R. Massey, as the rep- resentative of the City of Fort Worth or an official expressly designated in writing by the Director of Transportation and Public Works to make such discretionary decisions and Don Armstrong, Grounds Superintendent, representing the Club or some individual other than Mr. Armstrong designated by the Club's representative, Mr. Charles Floyd. 14. From date of acceptance of the improvements by the City and Club, the Club shall be responsible for maintenance of the improvements. It is understood that the Contractor who constructs the improvements shall warrant the construction of the improve- ments for one year from date of acceptance of the improvements by the City. Thereafter, the Club shall be solely responsible for repair of all improvements as well as maintenance. 15. The Club agrees to comply with all applicable provi- sions of the Constitution and laws of the State of Texas and the Charter, ordinances and regulations of the City of Fort Worth. 16. The Club and City shall review the contractor's progress on the project on or before December 31, 1982. If the Club and City agree that the work will not be completed prior to the 15th day of February, 1983, work on the project will be suspended until after June 1, 1983. IN WITNESS WHEREOF, the said parties have hereunto set their hands aryd seal of office to duplicate originals on this day of A.D. 1982. CITY OF FORT WORTH iGreen Ro ert H rche Secretary City M ger APPRO ED AS TO FORM AND LEGALITY: City Attorney COLONIAL COUNTRY CLUB Date: � -k--Y Z' Recommended by: By; Charles T. Floyd, dul authorized representative of Colonial Country Club Gary L San err , Director Transportation/Public Works -3- APPROVED BY CITY COUNCIL Hty Secretary LDL6Ll - City ®f Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Award of Contract-Colonial Parkway PAGE NUMBER Drainage Channel (Units I & II) 2 I of 6/15/82 **C-.6366 on January 3, 1980 (IR#3453) , proposed courses of action for solving the drain- age problems at Colonial Parkway Drainage Channel were outlined by the staff. It was also proposed that the Public Works Director be authorized to proceed with the engineering design for the required improvements. On February 12, 1980 (M&C C-5370), the City Council authorized the City Manager to execute City Secretary Contract No. 10921, an a'greement between the City and Carter & Burgess, Inc. to perform the engineering services necessary for the design and preparation of construction plans and specifications for the project. On September 29, 1981 (M&C C-5901), the City Council authorized the City Manager to execute City Secretary Contract No. 12096 to amend the contract to allow Carter & Burgess, Inc. to provide the required soils testing. On January 19, 1982 (M&C C-6109), the City Council authorized the City Manager to execute City Secretary Contract No. 12286 to amend the contract to increase the consultant's maximum fee due to changes in the scope of the project. Special Considerations Improvements to the existing Colonial Parkway Drainage Channel on Colonial Country Club Golf Course (Unit I) include the construction of a system of re- taining walls which will contain the runoff of a one hundred (100) year fre- quency storm. Since the channel goes through the golf course and during the construction of the channel improvements portions of the golf course may be affected, the Colonial Country Club has requested that the City prepare the necessary agreement(s) which would provide Colonial Country Club some assurance that their golf course will be restored to its original condition. It is proposed that the agreement(s) be prepared. Other improvements include replacing the two box culverts at Mockingbird and Simondale with one longer box culvert which is angled. Because of the angle in the culvert, it would be virtually impossible to construct the proposed culvert and keep both Mockingbird Lane and Simondale Drive open to traffic during construction without completely redesigning the reinforcing steel in the cul- vert. Therefore, it is proposed that the Construction Engineer be given the authority to close the streets as necessary for the construction of the culvert. It would be specified that the streets would not be closed concurrently. Our traffic engineers have no objections to the closing of the streets. ' / DATE REFERENCE SUBJECT: Award of Contract-Colonial Parkway PAGE NUMBER Drainage Channel (Units I & 11) 2 2 of Receipt of Bids The project was advertised on May 13 and 20, 1982. on June 3, 1982 the follow- ing bids were received with 180 calendar days allotted for Unit I and a total of 330 calendar days allotted for Units I and 11, combined, to complete the Bidder Total Bid M. A. Vinson Construction Co. , Inc. $ 947,670.00 Chisholm Trail Construction Co. , Inc. $1,063,980.00 Brown & Blakney, Inc. $1,172,815.00 Jeske Construction Co. $1,551,445.00 Kidwell Construction Co., Inc. $1,594,475.00 Engineer's Estimate: $1,175,941.50 Project Cost and Financing Sufficient funds for construction of the Colonial Parkway Drainage Channel have already been set aside in the existing project Account No. 029-028-794-00. A bond fund transfer will be necessary to fund construction inspection, survey, testing, and administration. It is recommended that: 1. A contract be awarded to M. A. Vinson Construction Co. , Inc. in the amount of $947,670; 2. The City Manager be given the authority to execute the agreement(s) between the City and Colonial Country Club; 3. The Construction Engineer be given the authority to close Mockingbird Lane and Simondale Drive (not concurrently) for the construction of the culverts at those streets; and 4. The following bond fund transfer be approved: From To Amount Reason 029-095-901-00 029-028-794-00 $40,000 To Fi—nance Construction Engineering Colonial Parkway Inspection, Survey, Unspecified Drainage Channel Testing and Administra- SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED By CITY MANAGER'S OFFICE BY: 0 APPROVED ORIGINATING E3 OTHER (DESCRIBE) DEPARTMENTHEAD: Gary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Mike, McKgan. Ext. 7913 DATE