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HomeMy WebLinkAbout065225 - Construction-Related - Contract - Atmos Energy CorporationCSC NO 65225 REIMBURSEMENT AGREEMENT Atmos Energy Corporation, ("Company") and City Of Fort Worth ("Applicant"), Whose address is 3700 Angle Ave Fort Worth, Texas 76106 for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows: 1. Company will install 275 ft of 2-inch-high density poly IP service line to provide service to 3700 Angle Ave, Fort Worth, Texas 76106 (the "Project"). 2. Upon execution of this Agreement, Applicant will deposit with Company $14,568 which is equal to preliminary Ballpark Estimate for the Project. Within 120 days after the completion of the Project, Company will forward a statement to Applicant setting forth the total of the actual costs incurred by Company for the Project. If said actual costs are in excess of said Ballpark Estimate, then Applicant will, within 30 days after receipt of such statement, reimburse Company for all such additional costs. If the statement establishes that the actual costs for the Project were less than the Ballpark Estimate, then Company will, together with the statement, refund to Applicant the difference between the actual costs for the Project and the Ballpark Estimate. 3. If easements are required, Applicant will provide Company two executed and notarized originals of the easement. Applicant will provide Easement exhibits in the form of a certified (Texas Registered Professional Land Surveyor) plat and metes/bounds description of the new easement. In addition, Applicant agrees to provide Company necessary temporary working easement and access to easement in order to design & construct Project. Company's obligation to undertake the Project is subject to applicable laws, rules, and regulations of governmental authorities and to any delay occasioned by force majeure or events or conditions of whatever nature, which are reasonably beyond Company's control. Applicant understands that Company will not be obligated or required to undertake the Project prior to the construction of projects covered by contracts and authorizations that were entered into by Company prior to the date of execution of this Agreement by Company (the "Effective Date"), the construction of projects required to be constructed by the provisions of Company's franchise, or construction or repair required to maintain existing service. 4. Applicant will be responsible for any landscape restoration work required after Company has completed the Project, unless specifically stated in the project scope. Applicant agrees to hold Company harmless from any and all claims, demands, or judgments by other parties as a result of such restoration. 5. Title to the Project, including appurtenances, connections thereto, and extensions thereof, and including the right to use, operate, and maintain the same, will forever be and remain exclusively and unconditionally vested in Company, its successors and assigns. 6. Applicant will be responsible for any additional costs incurred by Company because of Applicant's failure to perform any of the obligations required of Applicant under this Agreement. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 7. THIS AGREEMENT WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, IRRESPECTIVE OF ANY CONFLICT OF LAWS PROVISIONS. 8. In no event will any Party be liable to any other Party or any third parry for any incidental, special, indirect, consequential, punitive, or exemplary damages that might occur as a result of, relating to, or arising out of the Parry's obligations under this Letter Agreement. 9. This Agreement constitutes the final expression of agreement between the parties and parol or extrinsic evidence is inadmissible to explain, vary, or contradict the express terms of this Agreement. If the foregoing terms are acceptable to Applicant, please indicate by signing two (2) copies of this Reimbursement Agreement in the spaces provided below and return both to this office for execution by Atmos Energy. It is understood and agreed that this Reimbursement Agreement is conditioned on the approval of Atmos Energy's management as evidenced by Atmos Energy's execution in the space provided below. Following Atmos Energy's execution, one (1) fully executed original of this Letter Agreement will be returned for your file. By: Printed N Title: _ Date: Atmos Energy Corporation By: Printed Name: Title: Date: Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth ✓a0. Y. t+- � By: Valerie Washington (May 8, 2026 14:59:59 CDT) Name: Valerie Washington Title: Assistant City Manager Date: Approval Recommended: By: Name Title: Attest Marilyn Marvin Director Property Management boa°ac �ac°^rwe Zia °aQaa��soaa By: Name: Jannette Goodall Title: City Secretary Vendor: Atmos Energy Corporation. By: AXf- a4 koDil'! Name: Adrian Rodriguez Title: Project Specialist, Mid -Tex Division Date: City of Fort Worth, Texas Northwest Patrol Division Utility Agreement Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 4�� Name: Nikita N. Watts Title: Sr. Capital Project Officer Approved as to Form and Legality: By: Stephen Hines (May8,2026 11:47:27 CDT) Name: Stephen M. Hines Title: Sr. Assistant City Attorney Contract Authorization: M&C: Page 2 of 2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Project 101919 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Atmos Subject of the Agreement Installation Agreement Atmos M&C Approved by the Council? * Yes ❑ No r❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑✓ No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No ❑v *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 101919 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.