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
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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
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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