R-06-05-25-11E1 - 5/25/2006RESOLUTION NO. R -06-05-25-11E1
WHEREAS, the City of Round Rock wishes to enter into a
Reimbursement Agreement with Atmos Energy Corporation ("Atmos") for the
relocation of gas lines owned by Atmos in connection with the Kiphen
Road Improvements 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 Reimbursement 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 25th day of May, 2006
ATTEST:
Nig WELL, ayor
City of Round Rock, Texas
ie.
CHRISTINE R. MARTINEZ,/City Secr(ary
@PEDesktop\—DDMA/WORT,DOX/0:/wdox/REEOJ)TI/R6C625Ei.WPD/sc
REIMBURSEMENT AGREEMENT
This Reimbursement Agreement ("Agreement") made this day of May, 2006, by and
between ATMOS ENERGY CORPORATION, a corporation, having a business address at 5420
LBJ Freeway, Suite 1800, Dallas, Texas 75240 ("Atmos") and the CITY OF ROUND ROCK, a Texas
home -rule municipal corporation, having a business address at 221 East Main Street, Round Rock, Texas
78664 ("CORR").
WITNESSETH:
WHEREAS, CORR is widening a roadway and other road improvements on Kiphen Road (the
"Project"); and
WHEREAS, Atmos has a gas line that is in conflict with the CORR's Project; and
WHEREAS, CORR has requested that Atmos relocate or cause to be relocated their gas line and
will assist Atmos by performing those services set forth on Exhibit "A," attached hereto and made a part
hereof; and
WHEREAS, Atmos has agreed to the relocation and to the performance of the services set forth
on Exhibit "B," attached hereto and made a part hereof ("Relocation Services") and within the timeframes
set forth on Exhibit "C," attached hereto and made a part hereof ("Schedule"); and
WHEREAS, CORR agrees to reimburse Atmos for a portion of the actual expenses incurred by
Atmos related to the Relocation Services requested by the CORR.
follows:
NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as
1. Atmos agrees to provide the Relocation Services to relocate approximately 150 feet of 4 -inch Line
L, and relocate approximately 150 feet of 8 -inch Line 2' L as is more fully described in Exhibit B. The
starting date will be fixed by mutual agreement of the parties hereto and the Work to be done in accordance
with the Schedule.
2. The actual cost of the Relocation Services is estimated to be One Hundred Twenty -Eight
Thousand One Hundred Twenty -Six and NO/100 Dollars ($128,126.00). CORR agrees to reimburse
Atmos sixty-four percent (64%) of the actual costs of the Relocation Services, an amount that is estimated
to be Eighty -Two Thousand and Sixty-Four/100 Dollars ($82,000.64), as are more fully set forth on
Exhibit "D," attached hereto and made a part hereof ("Cost Estimate"). Atmos shall submit to CORR a
detailed written report itemizing the total costs incurred, including all supporting information documenting
all amounts incurred for which reimbursement is claimed and verifying that the Relocation Services are in
accordance with the requirements of this Agreement and that any change orders for the Relocation Services
were submitted to and approved by CORR prior to incurring such additional costs. Upon completion of the
Relocation Services, Atmos shall present CORR with a detailed invoice of the actual Relocation Services
performed and CORR agrees to make, within thirty (30) days from the date of a properly detailed invoice, a
one-time reimbursement payment of sixty-four percent (64%) of the actual costs, so long as such actual
costs do not exceed One Hundred Twenty -Eight Thousand One Hundred Twenty -Six and NO/100
Dollars ($128,126.00), by more than ten percent (10%). Neither enhancement or betterment costs, nor
any costs in excess of ten percent (10%) of the initial estimate of One Hundred Twenty -Eight Thousand
One Hundred Twenty -Six and NO/100 Dollars ($128,126.00) shall be reimbursed by CORR.
3. The obligation of CORR to make a cost reimbursement payment under this Agreement does not
constitute a general obligation or indebtedness of CORR for which CORR is obligated to levy, pledge or
collect any form of taxation.
4. The parties agree to exercise all due caution while causing any work to be done near the gas line in
order to prevent damages to the gas line.
EXHIBIT
IIAII
5. Not withstanding any other provision of this Agreement, in no event shall either party be liable to
the other for any indirect, consequential or incidental damages, including but without limitation, loss of
revenue, loss of customers or loss of profits arising from this Agreement and the performance or non-
performance of obligations hereunder.
6. Atmos agrees to indemnify and hold harmless CORR, its officers, agents and employees, against
and from any and all liability, loss and expense and shall defend all claims resulting from loss of life or
damage or injury to persons or property directly or indirectly resulting from the work performed by Atmos
to the extent such loss, damage or injury, is caused by the negligence or willful misconduct of Atmos or its
agents or arises out of or in connection with the Relocation Services. As a necessary condition for such
indemnity to be enforceable against Atmos:
(i) Atmos shall be notified in writing promptly of any and all claims, liability, loss and
expense for which the CORR seeks indemnification from Atmos, and
(ii) Atmos shall have sole control of the defense of any and all claims, liability, loss and
expense and all negotiations for their settlement or compromise.
7. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal
action is necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for the same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
8. No party may assign its rights and obligations under this Agreement without the prior written
consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed.
9. This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and
their respective heirs, executors, administrators, personal representatives, legal representatives, successors
and assigns, subject to the provisions of Section 8.
10. In case any one or more of the provisions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision of the Agreement, and this Agreement shall be constructed as if such invalid,
illegal, or unenforceable provision had never been contained in the Agreement.
Effective date of agreement as of date of approved by the City Council:
CITY OF ROUND ROCK ATMOS ENERGY CORPORATION
By: By:
Nyle Maxwell, Mayor Printed Name:
ATTEST:
By:
Christine Martinez
City Secretary
APPROVED AS TO FORM:
By:
Stephan L. Sheets
$128,126(
TOTAL ESTIMATED R -O -W COSTS
TOTAL ESTIMATED TRANSPORTATION COSTS
TOTAL ESTIMATED CONSTRUCTION COSTS
TOTAL ESTIMATED CONTRACT EXPENSE COSTS
TOTAL ESTIMATED MISCELLANEOUS COSTS
TOTAL ESTIMATED COMPANY LABOR
TOTAL DIRECT COSTS
OVERHEADS
$0
$6,060
$36,900
$23,750
$12,232
$2,079
$95,304
$32,822
IrrOTAL ESTIMATE
MATERIAL
PROJECT COST ESTIMATE
Kiphen - L(4") and L(2nd)(8")
Williamson County, Texas
4/11/2006
Estimated Direct Material Costs
150 ft. PIPE, 8.625 -INCH OD, 0.322 -INCH WALL, API 5L, X-42,PE LINE $35.50 $5,325
150 ft. PIPE, 4.5 -INCH OD, 0.237 -INCH WALL, API 5L, X-42,PE LINE PIPE, $20.89 $3,134
1 ea. Tape, signs, etc. $500.00 $500
4 ft. ELL, 4" 45 DEG 3R X 0.237" W.T., A-234 WPB $133.25 $533
4 ft. ELL, 8" 45 DEG 3R X 0.322" W.T., A-234 WPB $381.50 $1,526
Misc, Tax & Shipping, Purchasing, etc. $3,265
TOTAL ESTIMATED MATERIAL COSTS $14,283
RIGHT-OF-WAY
TRANSPORTATION
CONSTRUCTION
CONTRACT EXPENSE
MISCELLANEOUS
ATMOS LABOR
Assumptions/Comments
1) Estimate assumes relocation of approximately 150 ft of 4" and 8" steel transmission line to accommodate
planned road construction activities.
2) Assumes both open -cut and conventional bore installation.
3) Assumes no new pipeline easement will need to be acquired. Temporary work space will not be required.
4) Assumes no alternative fuels are required.
5) "Construction" line item amount above based on estimate only. No contractor input or bid information was
utilized in preparation of this value.
6) Estimated "Miscellaneous" costs above represent estimate contingency.
7) Estimate assumes reimbursement to be based on an actual cost basis.
8) Existing line will be abandoned fteration prene line i tal
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DATE: May 18, 2006
SUBJECT: City Council Meeting - May 25, 2006
ITEM: 11.E.1. Consider a resolution authorizing the Mayor to execute a contract
with Atmos Energy for gas line relocation on Kiphen Road.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director
Justification:
The work will consist of relocating approximately 150 ft of 4 -inch Line L and 150 feet of 8 -
inch Line 2nd L to accommodate improvements on and widening of Kiphen Road.
Funding
Cost: $82,000.64
Source of Funds: 4B -RR Transportation Development Corporation
Outside Resources: Atmos Energy
Background Information:
In order to accommodate street widening improvements, gas lines are needed to be
relocated by ATMOS Energy in order to continue with construction.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
REIMBURSEMENT AGREEMENT
coY
This Reimbursement Agreement ("Agreement") made this .A.5 day of May, 2006, by and
between ATMOS ENERGY CORPORATION, a corporation, having a business address at 5420
LBJ Freeway, Suite 1800, Dallas, Texas 75240 ("Atmos") and the CITY OF ROUND ROCK, a Texas
home -rule municipal corporation, having a business address at 221 East Main Street, Round Rock, Texas
78664 ("CORR").
WITNESSETH:
WHEREAS, CORR is widening a roadway and other road improvements on Kiphen Road (the
"Project"); and
WHEREAS, Atmos has a gas line that is in conflict with the CORR's Project; and
WHEREAS, CORR has requested that Atmos relocate or cause to be relocated their gas line and
will assist Atmos by performing those services set forth on Exhibit "A," attached hereto and made a part
hereof; and
WHEREAS, Atmos has agreed to the relocation and to the performance of the services set forth
on Exhibit "B," attached hereto and made a part hereof ("Relocation Services") and within the timeframes
set forth on Exhibit "C," attached hereto and made a part hereof ("Schedule"); and
WHEREAS, CORR agrees to reimburse Atmos for a portion of the actual expenses incurred by
Atmos related to the Relocation Services requested by the CORR.
follows:
NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as
1. Atmos agrees to provide the Relocation Services to relocate approximately 150 feet of 4 -inch Line
L, and relocate approximately 150 feet of 8 -inch Line 2nd L as is more fully described in Exhibit B. The
starting date will be fixed by mutual agreement of the parties hereto and the Work to be done in accordance
with the Schedule.
2. The actual cost of the Relocation Services is estimated to be One Hundred Twenty -Eight
Thousand One Hundred Twenty -Six and NO/100 Dollars ($128,126.00). CORR agrees to reimburse
Atmos sixty-four percent (64%) of the actual costs of the Relocation Services, an amount that is estimated
to be Eighty -Two Thousand and Sixty-Four/100 Dollars ($82,000.64), as are more fully set forth on
Exhibit "D," attached hereto and made a part hereof ("Cost Estimate"). Atmos shall submit to CORR a
detailed written report itemizing the total costs incurred, including all supporting information documenting
all amounts incurred for which reimbursement is claimed and verifying that the Relocation Services are in
accordance with the requirements of this Agreement and that any change orders for the Relocation Services
were submitted to and approved by CORR prior to incurring such additional costs. Upon completion of the
Relocation Services, Atmos shall present CORR with a detailed invoice of the actual Relocation Services
performed and CORR agrees to make, within thirty (30) days from the date of a properly detailed invoice, a
one-time reimbursement payment of sixty-four percent (64%) of the actual costs, so long as such actual
costs do not exceed One Hundred Twenty -Eight Thousand One Hundred Twenty -Six and NO/100
Dollars ($128,126.00), by more than ten percent (10%). Neither enhancement or betterment costs, nor
any costs in excess of ten percent (10%) of the initial estimate of One Hundred Twenty -Eight Thousand
One Hundred Twenty -Six and NO/100 Dollars ($128,126.00) shall be reimbursed by CORR.
3. The obligation of CORR to make a cost reimbursement payment under this Agreement does not
constitute a general obligation or indebtedness of CORR for which CORR is obligated to levy, pledge or
collect any form of taxation.
4. The parties agree to exercise all due caution while causing any work to be done near the gas line in
order to prevent damages to the gas line.
R-oe-o5•a5-wet
5. Not withstanding any other provision of this Agreement, in no event shall either party be liable to
the other for any indirect, consequential or incidental damages, including but without limitation, loss of
revenue, loss of customers or loss of profits arising from this Agreement and the performance or non-
performance of obligations hereunder.
6. Atmos agrees to indemnify and hold harmless CORR, its officers, agents and employees, against
and from any and all liability, loss and expense and shall defend all claims resulting from loss of life or
damage or injury to persons or property directly or indirectly resulting from the work performed by Atmos
to the extent such loss, damage or injury, is caused by the negligence or willful misconduct of Atmos or its
agents or arises out of or in connection with the Relocation Services. As. a necessary condition for such
indemnity to be enforceable against Atmos:
(i) Atmos shall be notified in writing promptly of any and all claims, liability, loss and
expense for which the CORR seeks indemnification from Atmos, and
(ii) Atmos shall have sole control of the defense of any and all claims, liability, loss and
expense and all negotiations for their settlement or compromise.
7. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal
action is necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for the same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
8. No party may assign its rights and obligations under this Agreement without the prior written
consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed.
9. This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and
their respective heirs, executors, administrators, personal representatives, legal representatives, successors
and assigns, subject to the provisions of Section 8.
10. In case any one or more of the provisions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision of the Agreement, and this Agreement shall be constructed as if such invalid,
illegal, or unenforceable provision had never been contained in the Agreement.
Effective date of agreement as- of date of approved by the City Council:
CITY OF ROUND ROCK
By:
ATMOS ENERGY CORPORATION
By:
ALA0 meSlglJ 1 e-Meotweli, Mayor PQO.T6M Printed Name:
ATTEST:
By: �
/�,�nittAtal.
Christine Martinez
City Secretary
APPRO
S TO FORM
te',han L. Sheets
MATERIAL
PROJECT COST ESTIMATE
Kiphen - L(4") and L(2nd)(8")
Williamson County, Texas
4/11/2006
Estimated Direct Material Costs
150 ft. PIPE, 8.625 -INCH OD, 0.322 -INCH WALL, API 5L, X-42,PE LINE $35.50 $5,325
150 ft. PIPE, 4.5 -INCH OD, 0.237 -INCH WALL, API 5L, X-42,PE LINE PIPE, $20.89 $3,134
1 ea. Tape, signs, etc. $500.00 $500
4 ft. ELL, 4" 45 DEG 3R X 0.237" W.T., A-234 WPB $133.25 $533
4 ft. ELL, 8" 45 DEG 3R X 0.322" W.T., A-234 WPB $381.50 $1,526
Misc, Tax & Shipping, Purchasing, etc. $3,265
TOTAL ESTIMATED MATERIAL COSTS $14,283
RIGHT-OF-WAY
TRANSPORTATION
CONSTRUCTION
CONTRACT EXPENSE
MISCELLANEOUS
ATMOS LABOR
Assumptions/Comments
TOTAL ESTIMATED R -O -W COSTS
TOTAL ESTIMATED TRANSPORTATION COSTS
TOTAL ESTIMATED CONSTRUCTION COSTS
$o
$6,060
$36,900
TOTAL ESTIMATED CONTRACT EXPENSE COSTS $23,750
TOTAL ESTIMATED MISCELLANEOUS COSTS
TOTAL ESTIMATED COMPANY LABOR
TOTAL DIRECT COSTS
OVERHEADS
$12,232
$2,079
$95,304
$32,822
(TOTAL ESTIMATE $128,126
1) Estimate assumes relocation of approximately 150 ft of 4" and 8" steel transmission line to accommodate
planned road construction activities.
2) Assumes both open -cut and conventional bore installation.
3) Assumes no new pipeline easement will need to be acquired. Temporary work space will not be required.
4) Assumes no alternative fuels are required.
5) "Construction" line item amount above based on estimate only. No contractor input or bid information was
utilized in preparation of this value.
6) Estimated "Miscellaneous" costs above represent estimate contingency.
7) Estimate assumes reimbursement to be based on an actual cost basis.
8) Existing line will be abar6los esumation` Ipreaa �fsieet `iphen Rd --L and L2nd
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