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Home My WebLink AboutResolution - 2022-R0292 - Contract 16695 with Atmos Energy - 1301 BroadwayResolution No. 2022-RO292 Item No. 4.9 June 28, 2022 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock does hereby authorize and ratify the signatures of the City Manager or his designee for and on behalf of the City of Lubbock, Aid in Construction Agreement No. 16695 for the relocation of a gas line, by and between the City of Lubbock and Atmos Energy, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on June 28, 2022 ATTEST: Y Re ecca Garza, City Secretary APPROVED AS TO CONTENT: Erik Rejino, Assistant City Manager APPROVED AS TO FORM: o Ke ure, Assist Att y ccdocs/RES.Ratify Atmos Gas Line relo 16695 6.23.22 Contract 16695 DocuSign Envelope ID: B04BB273-9D1F-4C1C-AF97-3D835EOA9EE7 Alk GlV V00kA-t-yJJ AID IN CONSTRUCTION energy Project Number Task ID Number Request Number Line Number Cost Center IMA Instrument Number THE STATE OF TEXAS COUNTY OF: i.nhhock THIS AID IN CONSTRUCTION AGREEMENT made by and between Atmos Energy Corporation ("Atmos Energy") and City of Lubbock WITNESSETH: Atmos Energy, for and in consideration of the sum of One hundred thousand dollars ($100,000.00). Agrees to perform the following abandonment and installation of its facilities. Abandon approximately 421' ft of 3" Atmos Energy agrees to provide gas service to City of Lubbock. At the location shown on the attached map under the service rules and regulations and at the rates in effect under which Atmos Energy provides similar service from time to time. This contract shall be personal to City of Lubbock, and they shall not assign the same except with the prior consent of Atmos Energy. City of Lubbock contracts and agrees to procure and provide, at his own expense, all rights -of -way and street and alley locations, in form satisfactory to Atmos Energy necessary or convenient for the construction of said main extension and any facilities appurtenant thereto. It is agreed that said installation and pipe, materials and equipment shall belong to Atmos Energy as the sole and absolute owner thereof, and the expense of maintenance thereof shall be borne by Atmos Energy. The terms of this contract must be executed within 6 months of the date signed or a new AIC contract must be renegotiated and executed. The parties agree to the terms of of Exhibit "A" attached hereto and incorporated herein by reference. Dated this 22nd day of June 2022 CITY OF LUBBOCK ATMOS ENERGY CORPORATION Erik Rejino, Assistant City Manager Docuftnedby: Docu31gffG 'Oy-- lkb June 23, 2022 June 23, 2022 E 'E2 C17DC38939864C1.. 2F88082E2CBE4D8. By: Philip Littlejohn Title: Vice President Marketing DocuSign Envelope ID: 6046I3273-91)1F-4C1C-AF97-3D835EOA9EE7 Exhibit A Contract 16695 ADDENDUM TO AGREEMENT WITH ATMOS ENERGY This Addendum to the above referenced Agreement is made and entered into by and between the City of Lubbock (the "City), A Texas Municipal Corporation, and Atmos Energy Corporation ("Atmos Energy"). (1) All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. (2) The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. (3) Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. (4) No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. (5) Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. (6) To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. DocuSign Envelope ID: 1304136273-91)1F-4C1C-AF97-3D835EOA9EE7 (7) This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas, the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. (8) The parties expressly acknowledge that the City's authority to indemnify and/or hold harmless any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision which purports to require indemnification by the City is invalid. (9) In the event of any conflict between either the terms and provisions of this Addendum and the Agreement, this Addendum will control. INSURANCE COVERAGE REQUIRED SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Commercial General Liability Requirements: $IM occurrence / $2M aggregate (can be combined with an Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for contractual activities and for completed operations. Automobile Liability Requirements: $IM/occurrence is needed Professional Liability Requirements: NOT APPLICABLE Workers Compensation and Employer Liability Requirements: Statutory. f the vendor is an independent contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Purchasing) and include a copy of their driver's license. Pollution Liability Requirements: NOT APPLICABLE DocuSign Envelope ID: B04BB273-9D1F-4C1C-AF97-3D835EOA9EE7 OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED ® City of Lubbock named as additional insured on Auto/General Liability on a primary and non- contributory bases. ® To include products of completed operations endorsement. ® Waiver of subrogation in favor of the City of Lubbock on all coverages, SYSTEM 125 1# MAOP 7 OZ OPERATING PRESSURE m O 3TH 13TH 14TH 14 Cut & cap 3" steel main utilizing 3x4 DW short stop fitting with a 3" std wid ap. (OP 7 OZ ) 030.RLO.CIVIC PARK -- Abandon: PROPOSED ABANDON 421' - 3" steel LP pipe VERSION DRAFT BROADWAY 36' - 6" steel LP pipe WAY Not to scale 829' - 8" steel LP pipe Proposed Aba dor _ - 8 Steel< - .-.-.-....................... r ' osed-Aba Cut & cap 8" steel main utilizing tee 6x8 TDW short stop fitting with a 13TH s" std wld cap. (OP 7 OZ) 13TH Boundary I I i I D r— I System 125 1 4TH If 14TH ALL tie-ins are to be completed per Construction Procedure 4.2 Tie -Ins and SYSTEM 026 60# MAOP 50# OPERATING PRESSURE SYSTEM 125 1# MAOP 7 OZ OPERATING PRESSURE MIN PRESSURE TEST 150 PSIG MAX PRESSURE TEST 175 PSIG MINIMUM 1 HOUR TEST REFER TO CHAP 6 FOR TEST DURATION N p KO 030.RLO.CIVIC PARK PROPOSED INSTALL VERSION DRAFT N Not to scale Q Install proposed HDPE IP main 5' back of curb a" d ne Way -feed _ d m .....................................................................:....... Hso.000 psi 13TH D C M Z ,roposed 4" HDPE IP pipe to ie proposed 4" HDPE IP pipe to ing 4" steel main (system 026 - existing 2" HDPE main (system 026 - utilizing a 4" three way TDW short 50#) utilizing a 2" tee and a 4x2 poly and a 4" transition fitting. reducer. N PROPOSED INSTALLATION - 372' 0 372'-4" HDPE IP BY BORE ISqueezing for isolation points to cut in the new tee. By pass is optional due to being a two way -feed. All tie-ins are to be completed per Construction Procedure 4.2 Tie -Ins and Abandonments. SYSTEM 026 60# MAOP 50# OPERATING PRESSURE SYSTEM 125 1# MAOP 7 OZ OPERATING PRESSURE MIN PRESSURE TEST 150 PSIG MAX PRESSURE TEST 175 PSIG MINIMUM 1 HOUR TEST REFER TO CHAP 6 FOR TEST DURATION m I m z MC m z 8TH m m 7TH 18TH 030.RLO.CIVIC PARK PROPOSED INSTALL VERSION DRAFT Not to scale 16TH Install 3 - Dresser weld over sleeves at these locations m m m I m 18TH m m �I m I I I m 17TH 18TH 4 m v, 16TH m m Cn 18TH N