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HomeMy WebLinkAboutContract 44174 (2)CITY SECRETARY���" CONTRACT N0. - CONSTRUCTION AND RESTORATION AGREEMENT FOR CARTER PARK BETWEEN THE CITY OF FORT WORTH AND ATMOS ENERGY CORPORATION This Construction and Restoration Agreement for Carter Park ("Agreement") is made and entered into on this 1 �� day of Forkkiam , 2013 ("Effective Date") by and between the City of Fort Worth ("City"), a home -rule municipal corporation organized under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Atmos Energy Corporation ("Company"), a Texas corporation, acting by and through its duly authorized agent. The following statements are true and correct and constitute the basis upon which the City has executed this Agreement: WHEREAS, the City owns a certain piece of property known as Carter Park located at 4351 Carter Park Drive, Fort Worth, Texas 76115 (the "Park"); WHEREAS, on or about February, 2012, the City granted Company oral permission to use a portion of the Park to conduct its pipeline replacement and maintenance operations with the understanding that the Park would be restored; WHEREAS, in conducting its operations on the Park, Company substantially damaged Carter Park Drive, a portion of the Park's parking lot, and a portion of the surface of the Park (collectively, "Damaged Park"), the locations of which are detailed in Exhibit A (attached hereto and incorporated herein for all purpose), and the Company agreed to repair and restore said damages; WHEREAS, Company contends that its operations on the Park are governed by its franchise with the City (City of Fort Worth Ordinance No. 10692, as amended by Ordinance Nos. 15275 and 18107-05-2008, an ordinance granting a franchise to Company to use the streets, alleys, and public thoroughfares of the City for the purpose of laying, maintaining, using, and operating therein to handle gas pipelines) ("Franchise"); WHEREAS, the City contends that the work in the Park is outside the scope of the Franchise, which is limited to the use of streets, alleys, and public thoroughfares; WHEREAS, a determination as to the applicability of the Franchise is not being made in this situation, and the City does not concede that the Franchise is applicable to its park property; WHEREAS, however, the parties agree that the Company will be bound by all of the terms and conditions of the Franchise for the purpose of repairing and restoring the Damaged Park in a timely manner. NOW, THEREFORE, City and Company for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: 1. Company, at its sole cost and expense, agrees to repair and restore the Damaged Park in accordance with: (1) the terms and conditions of the Franchise on file with the Fort Worth City Secretary's Office, the entirety of which shall be incorporated herein by reference for all purposes; (2) the specifications detailed in the attached Exhibit B, which is incorporated by reference. (3) any and all applicable policies, ordinances, and standards set forth by not limited to, those related to park restoration, earthwork, seeding, turf s remediation, sealants and caulking, pavement markings, and cast-in-place oTecitpc) dJ Construction and Restoration Agreement with Atmos Energy Corporation 13-13 °03:03 ljof5 (4) any additional specifications pre -approved by the City and Company prior to commencement of the work to be conducted herein. 2. All work performed under this Agreement shall be subject to the inspection and approval of the Director of the City's Parks and Community Services Department or his designee which shall be in addition to any inspection and approval required under the Franchise. 3. Company shall complete all repairs and restorations required herein within thirty (30) business days of the Effective Date of this Agreement. If the Company fails to complete the work within this time frame, it shall notify the City accordingly and provide a timeline for completion. If the repairs and restorations are not completed within a reasonable time, the City may terminate this Agreement and pursue and all remedies available to it by law. 4. Company agrees to warrant all work that is the subject of this Agreement for a period of two years from the date of completion of the same, which shall be in addition to any warranties set forth in the Franchise. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the Effective Date. ATMOS ENERGY CORPORATION • By: akt Name: A kke-1KlAat,) Title: p-eerentail ; on s Kaastse AMC REQURRED CITY OF FORT WORTH By: � san Alanis Assistant City Manager Approved as to Form and Legality: By: Tyler F. Wallach Assistant City Attorney ATTEST: By: Mary ICAO� r/' City Secretary 1 Pe aO ait t-' $O IS a rd0o 0 4.4 44000404 ,ref „cre`lieff ORIN ,ntj00 00doa��, 44t 78EXPfrae OFFICIAL ©0 gfirr SE BETAV V u U vOk t 119 ®�i Construction and Restoration Agreement with Atmos Energy Corporation EXHIBIT 'Carter Park Access Drive 1 LP 3 Carter Park Parking Lot The Contractor shall not store any equipment outside of the paved areas. There shall be not trucks or vehicles parked in grasses areas. TRACT # re-establishment Construction and Restoration Agreement with Atmos Energy Corporation 3 of 5 • U•6935446.5093 - E • 2336417.1833 (.rote tr1o1 top•bS9 50' Balton, t o•-594.48' FL 24 CPP•49t! 5:' (Cctrkgatel P 3111: Rite) • • 1CA+J XISTING 18" DIA. UNI)ERGROU'W GAS TRANSMISSION LINE TO REMAIN. CONTRACTOR TO L0CA1E PR OR TO N Y CONSTRUCTIO`l. 2-17'cr-, ;'.w 1 EXISTI'i:' SANITARY SEWER I0t:14O1E TO REIM, ADJUST TO FINISHED GRADE l .y 'CAtE 1 r) 30' EXHIBIT B K-6935557.7438 E-2336464.7 i99 •et• t:•6935287.4 767 E •2336490.20 27 TPA: 4 12' W J CONSTRUCT CONCRETE CURB ND / GUTTER t i S:-.• 594 tE.1.574.75' rr::-L84 67 \ td•6935007.3002 - \ E•2336554.4948 17•Et: It! •f,•r t2"cs►. ►dl r:cdt csP'.u.t nr • 47.5e .r' N-6935372.0984 E-2336589.2683 EMAINING ASPHALT PAVING SHALL BE. SEALCOATED, AND PARKING LOT RE -STRIPED tq4 SPHALT PAVING TO I E REPLACED tut N•6935282.1400 E-2336623.9704 KEY Solid Red Line - Area of the Park's Access Road and and replaced in 0A Dotted Red Line 1t r'n CIAUF NORTE- Parking Lot to be removed accordance with the Agreement. - Area of the Park's Parking Lot - - to 1 re -stripped and seal coated. 2-14':'-• '� a 1/R—•645 Qh Ft. t-5'3? 42' tt. i.'P7CQ :1-:3^ant COLi n71 clan - �a 10' 11 , .,t 9.11"creve c •rete EXISTING OVERHEAD ELECTR,C LI'CES TO REMAIN. CONTRACTOR 10 LOCATE PRIOR 10 ANY CONSTRUCTION. 12'•. OHE - rr.irt' SEMINARY DRIVE C tr . ponat pie Construction and Restoration Agreement with Atmos Energy Corporation 4 of 5 WESTHILL CONSTRUCTION INC. ASPHALT CONCRETE September 18, 2012 Tony Marlow Atmos Energy Quotation — Revised Carter Park Dear Tony, We are pleased to provide the following quotation: 1. Remove and replace approximately 13,500 sq. ft. of existing roadway with 7"of reinforced concrete pavement with #3 rebar @18" B.W. Total Price - $50,900.00 *These Prices include patching existing parking lot with hot mix asphalt. Also, includes seal coating and striping of existing lot. *Plus any applicable tax Thank you for the opportunity of bidding on this project. Respectfully submitted„ Ted Reynolds Westhill Construction, Inc. P.O. Box 2016 Cleburne, TX 76033 Phone: 817-558-2504 Fax: 817-558-0982 Email: westhiilconst@aol.com Construction and Restoration Agreement with Atmos Energy Corporation 5 of 5