HomeMy WebLinkAboutContract 12504 THE STATE OF TEXAS § CITY SECRETARY
CQNTRACT eta
COUNTY OF TARRANT §
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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.
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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.
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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