CM-05-05-092Request for City Council/City Manager Action
Ti City Council v City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Public Works
Contact Person: Latha Kumar/Laura Flores
Project
Manager/Resource: Larry Madsen
Project Coordinator: Larry Madsen
Assigned Attorney: J. Kay Gayle
Council or
City Manager
Agenda Date: 20 -May -05
Blue Sheet Wording
Use €3NLY _
Project Name: Southwest Downtown Infrastructure
ContractorNendor: Atmos Gas Company
Funding Source:Oin
Amount: $14,565.00
Consider authorizing a Letter of Agreement to Atmos Gas Company for the Southwest Downtown Infrastructure Project and Senior Activity
Center.
Finance Information
Is Funding Required? [' Yes [El No
Initial Construction Contract
Construction Contract Amendment #
Change Order #
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. A
Q Purchasing/Service Agreement
Q Purchase Order
Item(s) to be purchased:
Amount
EJ Other (Please clearly identify action on lines below) $14,565.00
Finance Approval
Finance
JFinance
Purchasing
Budget
Letter of Agreement
L. Olsen
n/a E. Wilson
N/A HB
N/A CYD
Date
Date
Date
Date
5/18/2005
5/17/2005
5/18/2005
5/17/2005
For Submission to City Mananly
Project Mgr. Signature'
Date: 37 /8' 0�
Dept. Director Signature:
ET: Date: /$ 05-
City
SCity Attorney Signature': w / .j Date. /
City Manager Signature: Date: � Ci/C2-5
grovel Is required for all Items requesting City Manager's approval.
Updated 3-9-05
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
CITY OF ROUND ROCK
Date: 5/24/2005
To: Monique Adams
Administration
From: Larry Madsen 5 44) — O�L
Building Constructs Rir v,
Monique,
I am returning the originals
The gas company kept the o.
completed and then they sigi
Call me if you have any ques
Larry
etir-
Public Works Department
of bill and assignment.
1t until the work is
WORK ASSIGNMENT SUPPLEMENT (Gas)
WR #2151046 — Harris Street Main Relocation
This Work Assignment Supplement is entered into effective May 16, 2005, by and between M. J. Sheridan of Texas
("CON TRACTOR"), City of Round Rock ("DEVELOPER"), and Atmos Energy Corporation ("COMPANY").
PERFORMANCE OF WORK - CONTRACTOR will perform the work identified herein (the "Work") as authorized by
COMPANY, pursuant to the terms and conditions in the Assigned Task Agreement between COMPANY and
CONTRACTOR, which Agreement is incorporated herein by reference. When and as expressly authorized by COMPANY,
and notwithstanding any provision to the contrary in the above -referenced Assigned Task Agreement, DEVELOPER will,
without contribution from or obligation on the part of COMPANY, pay CONTRACTOR the full and complete cost of the
Work, as mutually agreed between CONTRACTOR and DEVELOPER.
SCOPE OF WORK - CONTRACTOR will perform the Work in accordance with the Scope of Work Attachment and the
drawings, specifications, and instructions, if any attached hereto, and identified in the List of Attachments set forth herein.
DEVELOPER will have the right, at all times, to instruct CONTRACTOR to construct the Work in accordance with the
Scope of Work Attachment, but DEVELOPER has no obligation to supervise CONTRACTOR in the performance of the
Work.
CONTRACTOR will, in consultation with DEVELOPER, assume full responsibility for investigating conditions of any
property or facilities at or with respect to which Work will be performed, for the purpose of evaluating and determining the
existence and magnitude of any hazards resulting from such Work to such property, or to the property of DEVELOPER, or to
the property or physical well-being of any of DEVELOPER's employees or agents, and CONTRACTOR and/or
DEVELOPER, as appropriate, will ensure that DEVELOPER's and CONTRACTOR's employees and agents are advised of
and fully understand the nature of such hazards and safety precautions that can be taken to eliminate or minimize the dangers
relating to such hazards.
ACCEPTANCE OF WORK - Upon inspection and acceptance by COMPANY's inspector of the Work ("Final
Acceptance"), DEVELOPER will execute and deliver to COMPANY a Bill of Sale and Assignment substantially in the form
attached hereto and made a part hereof, conveying the Work to COMPANY. In addition, if the Work is not located under
public rights-of-way, DEVELOPER will grant to COMPANY an easement over the Work, which easement will be
substantially in the form of the easement attached hereto and made a part hereof. It is understood and agreed that the transfer
of the Work installed pursuant to this Agreement, and the granting of any easements to COMPANY hereunder, will be at no
cost to COMPANY whatsoever.
DEVELOPER must notify COMPANY's Project Manager at least five days prior to commencement of construction.
INVOICES — All invoices will be sent to DEVELOPER at the following address:
Address: 2008 Enterprise, Round Rock, Texas 78664.
LIST OF ATTACHMENTS — COMPANY, DEVELOPER, and CONTRACTOR agree that the following described
attachments, if any, are incorporated herein in their entirety.
1. Scope of Work Attachment
2. Design Layout of Facilities
CONTRACTOR: M. J. SHERIDAN OF TEXAS
By: G/ G G /� Z
Name: 61..‘0L19&'&u,
Title: SUAR 4So,2
BEVEL I 'ER: CITY OF ROUND ROCK
By: .«1\
Name: 41,
Nu
Title: I L
- s_ •
3. Form of Bill of Sale and Assignment
4. Form of Easement (N/A)
ATMOS ENERGY CORPORATION
By:
vsy
Name: /`f Z ; h
Title: Project Manager
WORK ASSIGNMENT SUPPLEMENT
SCOPE OF WORK ATTACHMENT
WR # 2151046
SUBDIVISION & PHASE: N/A
NUMBER OF LOTS: N/A
DEVELOPER REQUIREMENTS: GAS MAIN EXTENSION
CONTRACTOR will be responsible for providing gas mains of the number, dimensions, and footages
specified below:
SCOPE OF WORK: Lowering 50 feet of 3 inch Poly II Pipe along Harris Street in Round Rock, Texas
COMPANY will be responsible for the following:
1. Inspecting all work performed by CONTRACTOR in a reasonably timely manner.
2. Notifying DEVELOPER within a reasonable time after Final Acceptance of the Work by
COMPANY.
WORK ASSIGNMENT SUPPLEMENT
DESIGN LAYOUT OF FACILITIES
FRAMME DESIGN PRODUCTION - [2
1 FRAMME>
Window 1
WORK ASSIGNMENT SUPPLEMENT
FORM OF BILL OF SALE AND ASSIGNMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
THAT for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City of
Round Rock (hereinafter referred to as "Seller"), hereby grants, bargains, sells, assigns, transfers, and conveys unto Atmos
Energy Corporation, 301 S. Harwood Street, Dallas, Texas 75201, a Texas and Virginia corporation (hereinafter referred to
as "Buyer"), its successors and assigns, all of Seller's right, title, and interest to and in the following, all of which is
collectively referred to hereafter as the "Property":
(a) that equipment and those facilities described in Attachment "1," located on that property described in
Attachment "2," as configured and situated along the route described in Attachment "3," all such attachments being
a part hereof; and
(b) all easements and permits related to the equipment and facilities set forth above, as described in Attachment
"4," being a part hereof
Seller warrants that it is the lawful owner in every respect of the Property, and that the Property is free and clear of
all liens, security agreements, encumbrances, claims, demands, and charges of every kind whatsoever. Seller further warrants
that it is not aware of any existing violations of any law, ordinance, or regulation relating to the Property, or of any latent or
patent defects in the Property.
TO HAVE AND TO HOLD unto the said Buyer, its successors and assigns forever, to warrant and defend the title
to the Property against every person whomsoever lawfully claiming the Property or any part of it.
Seller further agrees to execute and deliver any and all further conveyances, assignments, bills of sale, certificates,
instruments of transfer, or other documents that may be necessary or appropriate to effectuate the terms hereof, and the terms
of that certain Work Assignment Supplement between Buyer, Seller, and Contractor, dated , and to
vest in Buyer, its heirs, representatives, successors, and assigns, title to the Property.
IN WITNESS WHEREOF, this Bill of Sale and Assignment is executed on they L' day of w 1 �, 2005.
City of Round Rock
By:
Title:
Atmos Energy Corporation
By:
Title: Project Manager
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WORK ASSIGNMENT SUPPLEMENT (Gas)
WR #2151046 — Harris Street Main Relocation
This Work Assignment Supplement is entered into effective May 16, 2005, by and between M. J. Sheridan of Texas
("CONTRACTOR"), City of Round Rock ("DEVELOPER"), and Atmos Energy Corporation ("COMPANY").
PERFORMANCE OF WORK - CONTRACTOR will perform the work identified herein (the "Work") as authorized by
COMPANY, pursuant to the terms and conditions in the Assigned Task Agreement between COMPANY and
CON I'RACTOR, which Agreement is incorporated herein by reference. When and as expressly authorized by COMPANY,
and notwithstanding any provision to the contrary in the above -referenced Assigned Task Agreement, DEVELOPER will,
without contribution from or obligation on the part of COMPANY, pay CONTRACTOR the full and complete cost of the
Work, as mutually agreed between CONTRACTOR and DEVELOPER.
SCOPE OF WORK - CONTRACTOR will perform the Work in accordance with the Scope of Work Attachment and the
drawings, specifications, and instructions, if any attached hereto, and identified in the List of Attachments set forth herein.
DEVELOPER will have the right, at all times, to instruct CONTRACTOR to construct the Work in accordance with the
Scope of Work Attachment, but DEVELOPER has no obligation to supervise CONTRACTOR in the performance of the
Work.
CONTRACTOR will, in consultation with DEVELOPER, assume full responsibility for investigating conditions of any
property or facilities at or with respect to which Work will be performed, for the purpose of evaluating and determining the
existence and magnitude of any hazards resulting from such Work to such property, or to the property of DEVELOPER, or to
the property or physical well-being of any of DEVELOPER's employees or agents, and CONTRACTOR and/or
DEVELOPER, as appropriate, will ensure that DEVELOPER'S and CONTRACTOR'S employees and agents are advised of
and fully understand the nature of such hazards and safety precautions that can be taken to eliminate or minimize the dangers
relating to such hazards.
ACCEPTANCE OF WORK - Upon inspection and acceptance by COMPANY's inspector of the Work ("Final
Acceptance"), DEVELOPER will execute and deliver to COMPANY a Bill of Sale and Assignment substantially in the form
attached hereto and made a part hereof, conveying the Work to COMPANY. In addition, if the Work is not located under
public rights-of-way, DEVELOPER will grant to COMPANY an easement over the Work, which easement will be
substantially in the form of the easement attached hereto and made a part hereof. It is understood and agreed that the transfer
of the Work installed pursuant to this Agreement, and the granting of any easements to COMPANY hereunder, will be at no
cost to COMPANY whatsoever.
DEVELOPER must notify COMPANY's Project Manager at least five days prior to commencement of construction.
INVOICES — All invoices will be sent to DEVELOPER at the following address:
Address: 2008 Enterprise, Round Rock, Texas 78664.
LIST OF ATTACHMENTS — COMPANY, DEVELOPER, and CONTRACTOR agree that the following described
attachments, if any, are incorporated herein in their entirety.
1. Scope of Work Attachment 3. Form of Bill of Sale and Assignment
2. Design Layout of Facilities 4. Form of Easement (N/A)
CONTRACTOR: M. J. HERIDAN OF TEXAS
By:
Name: &O 641_6E�44S
Title: c�(J/eieU{Bele
DEVEL I PER: CITY OF ROUND ROCK
By:
Name:
Title:
ATMOS ENERGY CORPO TION
By:
Name:
9(7,4/
Title: Project Manager
WORK ASSIGNMENT SUPPLEMENT
SCOPE OF WORK ATTACHMENT
WR # 2151046
SUBDIVISION & PHASE: N/A
NUMBER OF LOTS: N/A
DEVELOPER REQUIREMENTS: GAS MAIN EXTENSION
CON TRACTOR will be responsible for providing gas mains of the number, dimensions, and footages
specified below:
SCOPE OF WORK: Lowering 50 feet of 3 inch Poly II Pipe along Harris Street in Round Rock, Texas
COMPANY will be responsible for the following:
1. Inspecting all work performed by CONTRACTOR in a reasonably timely manner.
2. Notifying DEVELOPER within a reasonable time after Final Acceptance of the Work by
COMPANY.
FRAMME DESIGN PRODUCTION
WORK ASSIGNMENT SUPPLEMENT
DESIGN LAYOUT OF FACILITIES
STATE OF TEXAS
COUNTY OF WILLIAMSON
WORK ASSIGNMENT SUPPLEMENT
FORM OF BILL OF SALE AND ASSIGNMENT
§
KNOW ALL MEN BY THESE PRESENTS:
THAT for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City of
Round Rock (hereinafter referred to as "Seller"), hereby grants, bargains, sells, assigns, transfers, and conveys unto Atmos
Energy Corporation, 301 S. Harwood Street, Dallas, Texas 75201, a Texas and Virginia corporation (hereinafter referred to
as "Buyer"), its successors and assigns, all of Seller's right, title, and interest to and in the following, all of which is
collectively referred to hereafter as the "Property":
(a) that equipment and those facilities described in Attachment "1," located on that property described in
Attachment "2," as configured and situated along the route described in Attachment "3," all such attachments being
a part hereof; and
(b) all easements and permits related to the equipment and facilities set forth above, as described in Attachment
"4," being a part hereof
Seller warrants that it is the lawful owner in every respect of the Property, and that the Property is free and clear of
alt liens, security agreements, encumbrances, claims, demands, and charges of every kind whatsoever. Seller further warrants
that it is not aware of any existing violations of any law, ordinance, or regulation relating to the Property, or of any latent or
patent defects in the Property.
TO HAVE AND TO HOLD unto the said Buyer, its successors and assigns forever, to warrant and defend the title
to the Property against every person whomsoever lawfully claiming the Property or any part of it.
Seller further agrees to execute and deliver any and all further conveyances, assignments, bills of sale, certificates,
instruments of transfer, or other documents that may be necessary or appropriate to effectuate the terms hereof, and the terms
of that certain Work Assignment Supplement between Buyer, Seller, and Contractor, dated and to
vest in Buyer, its heirs, representatives, successors, and assigns, title to the Property.
IN WITNESS WHEREOF, this Bill of Sale and Assignment is executed on the day of 2005.
City of Round Rock Atmos Energy Corporation
By: ^ By:
Title: Alk Title: Project Manager
Message Page 1 of 2
Larry Madsen
From: Larry Madsen
Sent: Wednesday, May 18, 2005 8:12 AM
To: Steve Sheets
Subject: FW: Relocation Gas Line Harris Street
5/18/2005
Steve.
I got an OK from Nuse. I would like to proceed with the request for Friday and the city manager's signature on the
agreement.
Larry
Larry Madsen
Ofc (512) 218-5552
From: Jim Nuse
Sent: Tuesday, May 17, 2005 5:15 PM
To: Larry Madsen; Steve Sheets
Cc: Tom Word
Subject: RE: Relocation Gas Line Harris Street
ok
Original Message
From: Larry Madsen
Sent: Tuesday, May 17, 2005 5:08 PM
To: Jim Nuse; Steve Sheets
Cc: Tom Word
Subject: Relocation Gas Line Harris Street
5/17/2005
Gentlemen,
I have a request for an agreement for the city manager's approval of relocating an Atmos gas line that
crosses Harris Street in the amount of $14,565.00. We talked last week about going ahead and approving
but sending a letter of protest and trying to recoup the money later. Steve reviewed the Atmos gas
agreement and said the way it is worded a protest letter would not work. This work is part of the relocation
of gas lines for the South West Downtown Project and that is where the money is coming from. The gas
line is in conflict with storm sewer and water line that we are now placing with the Senior Activity Center
Project that is part of South West Downtown line improvement. If I can not get the gas line relocated in a
timely manner the utility contractor may have to pull of the job and come back at a later date. I am worried
that if we do not approve this it may cost me this much or more to have the contractor re-mobolize to do
the work. I am also concemed about the timing and delay to the Senior Activity Center project.
In budgeting for the South West Downtown Project I put in an allowance of $1,125,000.00 for relocation of
Atmos gas lines, TXU electrical lines, SBC telephone, and Time Warner lines and cable. I would like to
proceed and get city manager's approval and pay this gas line relocation of $14,565.00 out of those funds
5/18/2005
Message Page 2 of 2
set aside for the project.
Please let me know what you think and if you have questions.
Larry
Larry Madsen
Construction Manager
Building Construction &
Facility Maintenance
City of Round Rock
Ofc. (512) 218-5552
Fax (512) 218-5563
5/18/2005