R-2019-0422 - 10/24/2019 RESOLUTION NO. R-2019-0422
WHEREAS, the City of Round Rock wishes to enter into a Relocation Agreement with Atmos
Energy Corporation for the relocation of existing gas mains and services in connection with the
University Boulevard Widening Project,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City said
Relocation Agreement with Atmos Energy Corporation, a copy of same being attached hereto as
Exhibit"A"and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551,Texas Government Code, as amended.
RESOLVED this 24th day of October, 2019.
City of Round Rock,Texas
WRIT BAESE,Mayor Pro-Tem
ATTEST:
Giefk
MEAGAN SPINKS, Deputy City Clerk
0112.1902;00433335
EXHIBIT
„A»
RELOCATION AGREEMENT
Atmos Energy Corporation, ("Company") and City of Round Rock, Texas ("Applicant"),
whose address is 2008 Enterprise Drive, Round Rock, Texas 78664, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows:
1. Company will relocate existing gas mains and services as identified in Exhibit "A,"
attached and made a part hereof.
2. The total estimated cost of the project is $833,630.33, See Exhibit `B". The total
estimated cost of the reimbursable portion of this project is $193,652.33, See Exhibit "C"
which is equal to the Eligibility Ratio Estimate for the Project. Within 90 days after the
completion of the Project, Company will forward a statement to Applicant setting forth
the total of the actual costs incurred by Company for the Project. Applicant will, within
15 days after receipt of such statement, reimburse Company for all costs per the
Eligibility Ratio.
3. If easements are required, Applicant will provide Company two executed and notarized
originals of the easement. Applicant will provide Easement exhibits in the form of a
certified (Texas Registered Professional Land Surveyor) plat and metesibounds
description of the new easement. In addition, Applicant agrees to provide Company
necessary temporary working easement and access to easement in order to design &
construct Project.
4. Company's obligation to undertake the Project is subject to applicable laws, rules, and
regulations of governmental authorities and to any delay occasioned by force majeure or
events or conditions of whatever nature, which are reasonably beyond Company's
control. Applicant understands that Company will not be obligated or required to
undertake the Project prior to the construction of projects covered by contracts and
authorizations that were entered into by Company prior to the date of execution of this
Agreement by Company (the "Effective Date"), the construction of projects required to
be constructed by the provisions of Company's franchise, or construction or repair
required to maintain existing service.
5. Applicant will be responsible for any landscape restoration work required after Company
has completed the Project, unless specifically stated in the project scope. Applicant
agrees to hold Company harmless from any and all claims, demands, or judgments by
other parties as a result of such restoration.
6. Title to the Project, including appurtenances, connections thereto, and extensions thereof,
and including the right to use, operate, and maintain the same, will forever be and remain
exclusively and unconditionally vested in Company, its successors and assigns.
7. Applicant will be responsible for any additional costs incurred by Company because of
Applicant's failure to perform any of the obligations required of Applicant under this
Agreement.
0
8. THIS AGREEMENT WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF TEXAS, IRRESPECTIVE OF ANY CONFLICT OF LAWS
PROVISIONS.
9. In no event will any Party be liable to any other Party or any third party for any
incidental, special, indirect, consequential, punitive, or exemplary damages that might
occur as a result of, relating to, or arising out of the Party's obligations under this Letter
Agreement.
10.This Agreement constitutes the final expression of agreement between the parties and
parol or extrinsic evidence is inadmissible to explain, vary, or contradict the express
terms of this Agreement.
If the foregoing terms are acceptable to Applicant, please indicate by signing two (2) copies of
this Relocation Agreement in the spaces provided below and return both to this office for
execution by Atmos Energy. It is understood and agreed that this Relocation Agreement is
conditioned on the approval of Atmos Energy's management as evidenced by Atmos Energy's
execution in the space provided below. Following Atmos Energy's execution, one (1) fully
executed original of this Letter Agreement will be returned for your file.
City of Round Rock Atmos Ei rgy rpora
By: By: ZQ
Printed Name: Printed ame: „� i
Title: _ _ _ Title: r_ —"Q
Date: Date: `
1
Exhibit "A"
Project Description—Relocate existing gas mains and services to accommodate the City of
Round Rock road improvement project along University Boulevard. It is proposed to install the
necessary distribution facilities to eliminate conflicts with City road improvement project as
recommended by Distribution Planning and approved by Operations Manager. Facilities include
the installation of approximately 3,005 feet of 6" intermediate pressure HDPE, approximately
201 feet of 4" intermediate pressure HDPE, approximately 167 feet of 2" intermediate pressure
HDPE gas main, and approximately 28 feet of 1-1/4"HDPE gas service line along University
Boulevard between University Oaks Boulevard and Sunrise Road. Project is located within the
City of Round Rock, Williamson County.
2
Exhibit "B"
University Boulevard— Round Rock, Tx. 9/04/2019
Project No. 080.62398
Williamson County,TX
EXECUTIVE SUMMARY
Item Estimated
Descri`�tiion Cost;
1 Materials _ $23,010.55
2 __--construction $ 630,420.99
3 Company Labor FCC inspection & MIC set u $8,460.00
4 Cor orate Overheads $137,352.50
5 Franchise Fee $34,386.29
ESTIMATED PROJECT TOTAL COST $833,630.33
Estimation Assumptions:
1 MATERIALS
6" HDPE, 4" HDPE, 2" HDPE, & 1-1/4" HDPE
CONSTRUCTION
Facilities include the installation of approximately 3,005 linear feet of 6"
2 HDPE, approximately 201 linear feet of 4" HDPE, approximately 167
linear feet of 2" HDPE gas main, and approximately 28 linear feet of 1-
1/4" HDPE service.
3 Company Labor
Estimated company labor to inspect and coordinate main relocation.
3
Exhibit "C"
University Boulevard — Round Rock, Tx. 9/04/2019
Project No. 080.62398
Williamson County,TX
ELIGIBILITY RATIO SUMMARY
SHEET No. &Sta. Limits LF LF
Non-Eligible Eli ible LF Outside of Pro'ect
1303-Sta. 630+50 to Sta. 636+00 149 1 600
1304-Sta. 636+00 to Sta. 642+00 543 190
1306-Sta. 648+00 to Sta. 654+00 620 0
1307-Sta. 654+00 to Sta. 660+00 761 0
1308-Sta. 660+00 to Sta. 664+25 538 0
I
_..............
TOTAL 2,611 790 0
Eligible= 790
Non-Eligible= 2,611
GRAND TOTAL= 3,401
ELIGIBILITY RATIO
4