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2013-150s:Uegallour documents\ordinances1131airport atmos ordinance.docx ORDINANCE NQ. 2013-150 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUT� ON BEHt�LF OF THE -CITY OF �ENTON A THREE-WAY AGREEMENT BETWEEN THE CITY OF DENTON, ATMOS ENERGY CORPORATION AND DCG CONSTRUCTION, LLC FOR THE INSTALLATION OF A NATURAL GAS DISTRIBUTION LINE AT DENTON ENTERPRISE AIRPORT, SAID GAS LINE TO BE OWNED, OPERATED AND MAINTAINED BY ATMOS ENERGY CORPORATION; AND, PROVIDING AN EFFECTNE DATE. WHEREAS, natural gas service is required to accommodate hangar development in certain areas of Denton Enterprise Airport; and WHEREAS, the City of Denton has selected through a competitive quote the firm of DCG Construction, LLC to construct a natural gas� distribution line as specified in the Work Assignment Supplement attached hereto and made a part hereof; and . WHEREAS, Atmos Energy Corporation wi11 own, operate and maintain the natural gas distribution line to be constructed by DCG Construction, LLC; and WHEREAS, the City Council deems it in the public interest to approve this Work Assignment Supplement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute a Work Assignment Supplement on behalf of the City of Denton with DCG Construction, LLC and Atmos Energy Corporation for installation of a natural gas distribution line at the Denton Enterprise Airport, which Work Assignment Supplement is attached to and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �% ,f� day of , 2013. Z s:llegal\our documentslordinances1131airport atmos ordinance.docx ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �- --__ � BY: WORK ASSIGNMENT SUPPLEMENT This Work Assignment Supplement is entered into effective March 22, 2013, by and between DCG CONSTRUCTION, LLC ("CONTR.ACTOR"), CITY OF DENTON ("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, specif'ications, 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. CONTR.ACTOR 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 Assigntnent 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 or defined public utility easement, 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 CONII'ANY 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. CONTRACTOR must ret�xrn all required iield construction documents to Atmos Energy including, but not limited to, as- built, test charts and print line data within 10 working days of completion. INVOICES — All invoices will be sent to DEVELOPER at the following address: Address: 5000 AIRPORT ROAD DENTON TEXAS 76207 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: By: / Name: FF COWLIN Title: BUSINESS DEV. MANAGER DEVELO R: By• � Name: GEORGE C. CAMPBELL Title: CITY MANAGER Form of Bill of Sale and Assignment ATMOS ENERGY CORPORATION By: �"�C � Name: RON HAYS Title: PROJECT SPECIALIST APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Z� � WORK ASSIGNMENT SUPPLEMENT SCOPE OF WORK ATTACHMENT PROJECT # PROJECT NAME OR SUBDIVISION & PHASE: DENTON AIRPORT EXPANSION NUMBER OF METERS: 2 DEVELOPER REQUIREMENTS: GAS MAIN EXTENSION ALLEY DISTRIBUTION: CONTRACTOR will install all gas main(s), service taps, and service line risers required, as part or in furtherance of the Work. CONTRACTOR will be responsible for installing facilities to COMPANY design drawings and specifications including, but not limited to, those pertaining to depth from fmal grade (minimutn 30" for main and 24" for service line), tracer wire, test stations, etc. and Atmos Energy's Meter Specification Manual. FRONT LOT DISTRIBUTION: CONTRACTOR will install all gas main(s), service taps, and service stubs to 10 feet inside the property line of each lot or tract within the Scope of Work. Curb marker medallions and/or marker balls will be placed to mark all service stubs. CONTRACTOR will be responsible for installing facilities according to COMI'ANY design drawings and specifications including, but not limited to, those pertaining to depth from fmal grade (minimum 30" for main and 24" for service stub), tracer wire, test stations, etc. and Atmos Energy's Meter Specification Manual. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) If project requires a SWPPP, COMI'ANY consultant will develop and will be responsible for the plan and will also submit NOI for the project. DEVELOPER/CONTRACTOR will provide necessary sediment control measures screening, filters, etc. for installation and restabilization of the proj ect area. DEVELOPER INITIALS: CONTRACTOR will be responsible for providing gas mains of the number, dimensions, and footages specified below: INSTALL APPROXIMATELY 730 FEET OF 2 INCH POLY GAS MAIN IN PLATTED UTILITY EASEMENT TO SERVE DENTON ENTERPRISE AIRPORT EXPANSION. DEVELOPER/BUILDER IS RESPONSIBLE FOR SURVEY/STAKI..NG OF UTILITY EASEMENT AND GAS MAIN ROUTE PRIOR TO CONSTRUCTION START. 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. 3. Installing service lines and risers for front lot distribution from service stubs in accordance with Atmos Energy's Meter Specification Manual (available at Atmosenergy.com). WORK ASSIGNMENT SUPPLEMENT DESIGN LAYOUT OF FACILTTIES � F�ie Eda v_�ew oo��me�c comme�cs Fo�ms roois ndva��ed wmdow HeiP WORK ASSIGNMENT SUPPLEMENT FORM OF BILL OF SALE AND ASSIGNMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CITY OF DENTON (hereinafter referred to as "Seller"), hereby grants, bargains, sells, assigns, transfers, and conveys unto Atmos Energy Corporation, 5420 LBJ Frwy, Suite 1800, Dallas, Texas 75240, 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, configured and situated along the route described in Attachment "2," all such attachments being a part hereof; and !L.\ 11 ,.�,. «.7 :�,. ..1.,�...7 r.. tl,e - - .,� «,] F :1:4: ,.� C ../-1, ..1.,. .]nar-r-i-Hr-ua-i-n-�-kta,•l. «a Y.. �vu� � [[ ff f Seller warrants that it is the lawful owner in every respect of the Property, and that the new pipeline 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 success�rs and assigns forever, to warrant and defend the title to the Property against every person whomsoever lawfully claiming the Properiy 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 Worlc Assignment Supplement between Buyer, Seller, and DCG CONSTRUCTION, LLC dated March 22, 2013, and to vest in Buyer, its heirs, representatives, successors, and assigns, title to the Property. IN WITNESS WI�REOF, this Bill of Sale and Assignment is executed on the 22nd day of March 2013. CITY OF DENTO By: ►.`� Title; CITY MANAGER APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � /_/.,_ �� /� - - � Atmos Ene • Corporation �. By: Title: PROJECT SPECIALIST