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HomeMy WebLinkAboutContract 47582 CITY MRRAW ,Z CONTRACT N0. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FORT WORTH, TEXAS AND ATMOS ENERGY CORPORATION This MEMORANDUM OF UNDERSTANDING (this "Memorandum" or "MOU") is entered into on M-a U j� 11 , 2016, by and between the City of Fort Worth, Texas, a home-rule municipal corporation in Tarrant, Denton, Parker and Wise Counties, Texas ("City") by and through its duly authorized Assistant City Manager, Jesus J. Chapa, and Atmos Energy Corporation (together with its affiliates, authorized contractors and related entities, successors or assigns, "Atmos Energy"). The City and Atmos Energy are each a "Party" and are collectively "Parties"to this Memorandum. WITNESSETH: WHEREAS, the Parties have determined that it is in their mutual interest to work together to locate sewer cross bores inside the City's sanitary sewer and stormwater mains ("sewer system"); and WHEREAS, the Parties are both bound by the terms and conditions of City of Fort Worth Ordinance No. 10692 granting a franchise to Atmos (formerly "Lone Star Gas Atmos Energy")to use the streets, rights of way, alleys and thoroughfares of the City; and WHEREAS, the purpose of this MOU is to set forth the mutual roles and responsibilities of the Parties in connection with their joint efforts to locate cross bores inside the City's sewer system NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Cooperation The Parties will cooperate in good faith in undertaking mutually beneficial efforts to locate any sewer cross bores inside the City's system, including in the manner more particularly described in this MOU. 2. Atmos Eneray Responsibilities A. Atmos Energy shall provide ten (10) business days advance written notice to the City's Water Department prior to performing work, which work shall not begin without the City's written approval. B. Atmos Energy shall comply with the "City of Fort Worth Utility Construction Policy". OFFICIAL RECO Memorandum of Understandingexecutioncopy Y SECRETARY FT. WORTH, TX C. The Atmos Energy shall provide the City with a copy of any literature it places on the customer's door concerning the City's sewer system. Any written communication regarding the work performed under this MOU must clearly identify Atmos Energy as the party performing the work and provide an Atmos Energy contact number and email address. D. If a sewer cross bore is located and the utility is a natural gas line, then Atmos Energy will notify the City, and utilize an approved prequalified City Contractor to repair the damaged sewer or storm pipeline per City standard specifications after the initial crossing gas utility has been suitably relocated. If the utility is not a natural gas line, the City will be notified. Atmos Energy shall not be responsible for repairs or other damage costs associated with any cross bore caused by other utilities. E. Prior to Atmos Energy's and/or Atmos Energy's Contractor televising a sanitary sewer main, the sanitary sewer main must be cleaned from manhole to manhole utilizing the City's GIS identification numbers, per the Water Department Specifications for its sewer cleaning and televising process. F. Atmos Energy shall provide the City access to the cleaning and televising areas at all times. G. Atmos Energy will provide the TV Data to the Water Department's Field Operations Division. The City requires the TV video inspection files for all sanitary sewer lines and stormwater mains should be in "WMV" — Windows Media Video file format and associated with an asset. Data will be delivered to the Water Systems Superintendent (Wastewater) office, located at Water Field Operations, 1608 11th Avenue, Fort Worth, Texas 76102 within ten (10) business days after completion of the TV inspection. H. In no event will the City access or repair private property or plumbing to allow for or to correct Atmos Energy's activity. 1. Atmos Energy shall be solely responsible for any and all sanitary sewer overflows, backups, stoppages and cleanup procedures that occur as a result of its work under this MOU. Atmos Energy shall immediately notify the City of any such event and shall copy the City on all communication with the Texas Commission on Environmental Quality. Atmos Energy shall be responsible for reporting, responding and paying any and all fines or judgments assessed by TCEQ due to the work performed under this MOU to the extent any fines or judgments are the result of Atmos Energy's negligence or willful misconduct in performing inspections under this MOU. 3. City's Obligations A. The City shall designate a representative to coordinate and approve Atmos Energy's work under this MOU. Memorandum of Understandingexecutioncopy B. Both parties agree that this MOU does not alleviate Company from complying with City of Fort Worth Ordinance No. 10692, or any applicable laws, rules and regulations of the City or the State of Texas. C. The City understands and agrees that Atmos Energy or its contractors are conducting the inspection under this MOU for the sole purpose of locating sewer cross bores. The City understands and agrees that Atmos Energy's sole obligation with respect to other structural and operational defects related to the sewer system that may be recorded during the inspection is to provide the City with TV data in compliance with 2(G) so the City may make its own inspection of its sewer system. 4. Immunity It is expressly understood and agreed that, in the execution of this Memorandum, Fort Worth does not waive, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 5. No Third-Party Beneficiaries This Memorandum shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Memorandum. Each Party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 6. Severability In case any one or more of the provisions contained in the Memorandum 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 this Memorandum, and this Memorandum shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 7. Venue This Memorandum shall be construed under and in accordance with the laws of the State of Texas, and the venue for any litigation arising from this Memorandum shall be in Tarrant County, Texas. 8. Authorization The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Memorandum on behalf of the Parties hereto, and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. 9. Notices Memorandum of Understandingexecutioncopy Any notices (unless otherwise specified herein), bills, invoices or reports required by this Memorandum shall be sufficient if sent by the Parties in the United States mail, postage paid, to the address noted below: If to Fort Worth: City Manager's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Copy to: City Attorney's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Atmos Energy: Copy to: Karen Hartsfield Senior Attorney Atmos Energy Corporation 5430 LBJ Freeway 1800 Three Lincoln Centre Dallas, Texas 75240 10. Mutual Assistance The City and Atmos Energy will do all things reasonably necessary or appropriate to carry out the objectives, terms and provisions of this Memorandum and to aid and assist each other in carrying out such objectives, terms and provisions. 11. Counterparts This Memorandum may be executed in multiple counterparts, each of which shall be considered an original,but all of which shall constitute one instrument. [Remainder of page left blank intentionally] Memorandum of Understandingexecutioncopy IN WITNESS WHEREOF, this Memorandum has been executed as of the date set forth above. CITY OF FORT WORTH,TEXAS ATMOS ENERGY CORPORATION / By:44Ll-A*/ Jesus J. Chapa Its: Assistant City Manager RECOMMENDED BY: OR Jo Robert C /an F rt Worth Water Director a.a ATTEST: *I I'ESS: , Mary Kayser By: kPwity Secretary APPROVED AS TO FORM AND LEGALITY: sta R. L Reynolds Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Memorandum of Understandingexecutioncopy