HomeMy WebLinkAbout4-24-2003-10.02 - Resolution - 04/24/2003RESOLUTION NO. 4-24-2003-10.02
A RESOLUTION OF THE QTY COUNCIL OF THE QTY OF COLLEGE STATION,
TEXAS, PROVIDING A GRANT TO CRESCENT POINTE LTD. FOR ECONOMIC
DEVELOPMENT.
WHEREAS, the City Council has entered into agreements for the development of a hotel and
conference center in College Station and a Tax Increment Financing Zone Number 15 (hereinafter
"TIF ") for the development of property adjacent to the hotel and conference center for the express
purpose of promoting tourism in the community;
WHEREAS, CRESCENT POINTE LTD., (hereinafter "CRESCENT POINTE") is the owner of
the property in the TIF and for the Hotel/Conference Center project.
WHEREAS, the City Council is authorized by SECTION 380, TEXAS LOCAL GovT. CODE, to
provide for grants of public money to promote local economic development and to stimulate
business in the City of College Station;
WHEREAS, Crescent Pointe is willing to construct natural gas pipelines to provide natural gas
service to the hotel and conference center and office complex project and to the properties within
the Tax Increment Financing Zone using the design, plans and specifications of TXU Gas
Distribution; and
WHEREAS, TXU Gas Distribution requires the use of specified contractors for installation of
facilities, dedication of facilities to TXU;
WHEREAS, CRESCENT POINTE can meet the construction completion schedule of the City
which is scheduled bid award on April 10, 2003 for construction of infrastructure in the Tax
Increment Financing Zone; now therefore,
BE IT RESOLVED BY THE QTY COUNCIL OF THE QTY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby authorizes the grant of funds to CRESCENT POINTE
to construct natural gas pipelines using the design, plans and specifications provided by
TXU Gas Distribution and entering into an "Offsite Developer Installed Piping
Agreement" with TXU Gas Distribution in the form attached hereto as Exhibit A;
PART 2: That the natural gas pipeline shall be located on the west side of Copperfield Parkway
generally according to the diagram depicted as Exhibit B as approved by the City
Engineer of the City of College Station;
PART 3: That Crescent Pointe shall coordinate its construction project with the City's
construction of Copperfield Parkway through the City Engineer;
PART 4: That the City Council hereby determines that the estimated cost of construction is
$70,000.00 with a 15% contingency for a total grant amount not to exceed $80,500.00;
PART 5: That the City Council is making this grant because Crescent Pointe Ltd. has agreed to
construct natural gas improvements to accommodate the City's hotel and conference
center and office complex as well as to provide natural gas service to the property in
Resolution No. 4 -24- 2003 -10.02 Page 2
the TIF in order to promote the development of this area generally and to promote
tourism;
PART 6: That the funds from this grant shall not be paid to Crescent Pointe until the final
completion of the natural gas improvements and acceptance by said improvements by
TXU Gas Distribution. Final completion shall mean that all the work has been
completed, all final punch list items have been inspected and satisfactorily completed,
all payments to matenalmen and subcontractors have been made, all documentation
and warranties have been submitted, TXU has accepted the improvements and
Crescent Pointe has met all requirements in the "Offsite Developer Installed Piping
Agreement ". The City shall make payment within thirty (30) days after Crescent
Pointe provides a letter of final completion and acceptance from TXU Gas
Distribution to the Director of Economic Development and documentation verifying
the construction cost;
PART 7: That Crescent Pointe shall provide, or cause its contractor to provide, payment and
performance bonds on this project;
PART 8: That the City Council is hereby establishing this program or process or grant of funds
to promote the City of College Station economy, tourism and economic development
in the TIF and for the Hotel and Conference Center Project;
PART 9: That this resolution shall take effect immediately from and after its passage;
ADOPTED by the City Council of the City of College Station, Texas, this 24` day of April, A.D.
2003.
A
141,14,—
NNIE HOOKS, City Secretary Ron Silvia, Mayor
APPROVED:
CITY ATTORNEY
Charles Cryan, F ce Director
APPROVED:
0 3 -xicxb
NOV -07 -2002 THU 02:57 PM ONCOR
FAX N0. 1 979 774 2503
EXHIBIT A
OFFSITE DEVELOPER INSTALLED PIPING AGREEMENT
TXU Gas Distribution, a division of TXU Gas Company, ( "Company") and •
( "Developeh") wbasc address is • . • , for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, agree as follows:
1. Performance of the Work. Developer wiI1, at its own expense, and assuming all risks in any way concerned
therewith, and except as otherwise expressly wed to by Company. flattish all labor, Company approved material, and
services required to perform the work as descr on the Scope of Work Document, attached as Exhibit "A" and made
a part hereof (collectively the "Work "). Developer will furnish sufficient supervision, labor, equipment, tools and
materials to enable the execution and timely completion of the Work. Developer will employ only orderly and competent
employees skillful in the performance of the type of work required and Developer will work such hours, including extra
shifts and overtime, u needed to timely complete the Work. Moreover, Developer will not subcontract any Work prior
to obtaining Company's written approval to utitixe the specific subcontractor selected by Developer; provi however,
Developer may subcontract Work to any of the contractors listed in Exhibit "r (each individually referred to as an
"Approved Contractor ") without the prior written approval of Company. Notwithstanding the foregoing. the tie-in of
the Work to Company's system at Final Acceptance of the Work (the "Tie-in ") will be performed within 3 woddng days
by an Approved Contractor, and will be performed in compliance with Company's specifications and at Company's
direction, but Developer will be responsible to pay the contractor the cost of such Tie -In. In the event that Developer
subcontracts the Work to an Approved Contractor, the parties agree that such contractor will also perform the Tie -in.
However, if Developer subcontracts the Work to any contactor that is not listed in Exhibit "F," Developer and /or
Developer's subcontractor must separately contract with an Approved Contractor to perform the 'l'ie-in.
2. Acoestance of Work. Upon inspection and acceptance by C y's inspector of the Wotfc ("Final Acceptance "),
Developer will execute and deliver to Company an Assignment and Bill of Sale substantially ly in the form of Exhibit "B."
made a part hereof, conveying the Work to Company. In addition if the Work is not located under public rights-of -way,
Developer will grant to Company an easement over the Work, which easement will be substantially in the form of the
easement attached as Exhibit C, made a part hereof. It is understood and agreed that the transfer of the Work Installed
by Developer pursuant to this Agreement, and the granting of any easements to Company hereunder, will be at no cost
to Company whatsoever.
3. Reimpursable Cost. If a development separate and distinct from the Work is built and connected directly to the
Work within three years from the date of execution of this A t (the "Review Period"), which development does
not attach to separate offsite gas mans. then Company wil reimburse Developer as follows: (i) for each bona fide
i
residential customer located outside the Work, which is directly connected to the Work during the Review Period,
Developer will be reimbursed 575.00 (a bona fide residential customer, as used herein, mans a customer with, at a
minimum, an uneupplemented as water hating unit and one additional gas outlet); and (ii) for each commercial
customer located outside of the Work, which is directly commented to the Work during the Review Period, Developer will
be reimbursed S':; for each Mcf of gas consumed and purchased under the !,cable commercial rate by such
commercial customer during the 12 -month period immediately pieced' g the end dills Review Period. Company will,
on or before 60 days following die end of the Review Period, rei Developer as provided in this Section.
Notwithstanding the foregoing, Co will not reimburse Developer for any amount above the actual cost for the
Work. Prior to any reimbursement Dave must provide Company with documentation of actual cost and Company
must agree with cost.
4. pevelanpykpbli2atiogs. Developer will be responsible for the care and maintenance of all Work, including all
facilities provided by Company to Developer, until Final Acceptance of the Work by Company, and will the
Work in accordance withal local ordinances, with state and federal standards and with this latest version o
General Distribution Construction Specifications, which are referenced as Exhibit "D" and made a part h�ereo
Developer will secure all licenses and permits necessary to can out the Wale. Developer will be irresponsible for calling
1 •,100- DIG -TESS, and all companies ./ti to have util halides In the excavation area, and will properly locate an
expose, as necessary, all above - ground and underground facilities prior to beginning construction. Developer will be
solely responsible for any damage to the same caused directly or indirectly by Developer or any subcontractor or agent
of Developer prior to the date &TFinal Acceptance by Company. Developer acknowledges and agrees that the Work
performed under this Agreement is for the exclusive use of Company. Developer will conduct the Work so as to
minimize any adverse impact upon natural resources and the environment Developer will further comply wl h standard
Company operating practices or additional guidance or requirements provided to Developer by Company, relating to
envirom ental matters, including, without limitation, the use, handling, release, transport or disposal of any substance
regulated under any environmental law or regulation. or governed by any other legal requirement Developer will be
solely responsible, as may be required by applicable environmental laws or regulations, for (i) notifying the appropriate
govenunental agencies of any spill or release of hazardous substances during the construction of the Work, and (mi) the
cleanup and remediation of such spill or release. Developer will take all aswtaryry precautions to adequately protect the
Work, adjacent property, the public and others in the vicinity of the Work, lneluding, without lirmradon, putting up and
maintaining sufficient lights, barriers. signs. temporary passages and other protection n for that purpose. Upon
completion of the Work, Developer will. at Its own expense, remove all waste materials and ish from and about the
Work site. if Developer fails to clean up the Work she after the completion of the Work, Company may do so, and the
costs will be charged to Developer.
5. Allafialics. Developer represents and warrants to Company that:
a. Developer is knowledgeable of and will fully comply with all laws, rules. regulations, ordinances and codes
that may affect Developer's conduct m completing the Work or otherwuo perforating its obligations under this
Ate;
Rev. 1/3/02
P. 02/12
NOV - 07 -2002 THU 02:58 PM ONCOR
FAX NO. 1 979 774 2503 P. 03/12
b. Developer will perfikm the Work in a good and workmanlike manner, in accordance with high professional
standards, with a level of care, skill, knowledge and judgment required, or reasonably expected, of firms or persons
performing comparable services, and in strict accordance with this Agreement;
c. All Work will be free from defects in workmanship for a period of 24 months from the date of Final
Acceptance by Company of all Work
d. Developer assumes 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 determine 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 performing the Work, and Developer
will ensure that such persona or entities 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;
e. Developer has investigated and acquainted itself with all conditions affecting the Work, including, without
limitation, the character and quantity of surface and subsurface materials or obstacles that may be encountered, for
purposes of properly estimating the difficulty and cost of successfully performing the Work; and
f. At the time tbe Work is completed, all facilities comprising the Work will be free from liens, attachments or
other encumbrances.
If Company notifies Developer within 24 months following the completion of the Work that any of the Work perforated
by Developer fails to conform to any of the above-specified warranties Of specifications, then Developer will, at no cost
or expense to Company, promptly remedy such faihire and re- perform any Work necessary. Nothing herein Limits the
rights and remedies that may otherwise be available to Company.
6. Company's Cquia � Insogctnr. Developer will notify Company's Project Manager and Company s Coasm ction
Inspector at least five ys or to starting work. Developer understands and agrees that the sole function of
Company's construction inspector will be to determine whether all Work is compatible with and acceptable for
connection to Company's system. If Company's construction inspector determines that all of the Work is acceptabk for
connection to Company's system, the same will constitute Company's Final Acceptance of the Work. If, however,
Compan s construction inspector determines that any part of the Work is not acceptable for connection to Companys
system, y will not11 Developer of the defective or nonconforming Work and Developer will promptly remedy
such Work. ItDDeveloper does not promptly remedy the defective or nonconfomdng Work, Company proceed to
remedy the Work as provided in Paragraph 6 of this Agreement. Company's construction inspector will have the final
and binding word as to the acceptability of the finished Work under this Agreement. No portion of the Work will be
backfilled or otherwise physiadly covered until Company's construction inspector has inspected the Work. Should any
Work be backfllled or otherwise physically covered prior to inspection, Developer will, at no cost to Company, uncover
said Work for inspection by Company's construction inspector.
7. Defective or Non-Conforming Work. Should Company notify Developer of defective or nonconfo • Work,
k may, upon allure of Developer to promptly remedy such Work proceed to remedy the defective or non -con ing
Work by the most expeditious means available, including the employment of another contractor, and backcharge
Developer for all costs and expenses incurred. The performance of backcharge Work by Company will not relieve
Developer of any of its responsibilities under this Agreement.
8. 1ndelnni figypnp. Developer agrees to and will defend, protect, indemnity and hold harmless TXU Gas C�sny,
including is division TXU Gas Distribudon, and their parent corporate TXU Cm., and the subsidiaries and affiliates
of TXU Corp., and all officers, directors, shareholders, associates, affiliated or rel firms and entities, pployees,
servants and agents of each (collectively. the "Company Group ") from and against all claims, losses, expanses, di�ntsges,
demands, judgments, causes of action. suits and liability in tort, contract or any other basis of any kind or character
whatsoever (collectively, " Claims"), which occur or arise within five years after Final Acceptance and which arise out
of or incident to or relate in any way to, directly or indirectly, the obligations of Developer pursuant to this Agreement,
or the Work, or to any activities of Developer or any subcontractor or agent of Developer while on any pranises actwlly
Of allegedly owned, controlled or operated by Company, including but not limited to, Claims for personal injury. death
or property damage arising out of or resulting from (1) any condition of the premises, (2) separate operations being
conducted on the premises. To the extern necessary 10 rank Can y to enforce any term, clause or condition of thas
Paragraph, Developer agrees that with respect to any Claims b t against Company roup, Developer will waive as
to Company Group laws up any defense It may have by virtue of the wo ers' compensation aws of any state.
9. Force Ma'eurg. If either party becomes unable either wholly or in pan, by an evert ofForce Majeure, to tblfrll its
obligations under this Agreement, the obligations affected by the event of Force Mejetre will be suspended during the
contmuance of that (liability. Tho party so affected will give written notice of the existence. extent and nature of the
Force Majeure event within 48 hours after the event begins. Failure to give notice will result In the continuance of the
affected pany's obligation regardless of the extent of any existing Force Majeure event. The party affected by the Force
Majeure event will remedy its inability as soon as possible. The term "Force Majeure" as used herein means acts of God.
strikes, lockouts or other industrial disturbances, acts of public eneinies, wars, blockades, insurrections, Hots, epidemics,
earthquakes, fires, priority allocations of pipe or other materials or orders, restraints or prohibitions by a court, board,
department, commission or agency of any governmental entity, any arrests or restraints. civil disturbances, explosions
and inability despite reasonable diligence to obtain materials essential to the Work.
10. Immo Developer will, at is sole expense, purchase and maintain, and will require its subcontractor
performing any portion of the Work, to purchase and maintain in full force and effect, during the performance
of any Work, insurance policies with su and sound insurers, having coverages of the types and in the
amounts required as detailed in Developer's Minimwn Insurance Requirements, attached as Exhibit "6" and made
a part hereof, or as otherwise specified by Company.
NOV - 01 -2002 'fHU 02:59 PM ONCOR
FAX NO. 1 979 774 2503 P. 04/12
11. A�en
ssienmepl. Developer will not assign, transfer or otherwise dispose of its obligations or duties under this
Agreement, without he or nyp t ie r off except f whh the Company prior , Il and void.
of Comp My such assignment or transfer made
pay
12. em . Developer will act as and be deemed an independent contractor, and all
persons employed by Developer n 'connection with this Agreement or its performance of the Work will be its employees
and not employees of Company in any aspect. Developer will have the sole right to control and directly supervise the
method, manner and details of the Work. Developer will not be relieved of any duty or liability relating to any Work
by reason of subcontracting, and will remain responsible to Company for the full and complete performance ofthe Work
at accordance with this Agreement. Nothing contained in this Agreement will create any contractual relationship between
Company and any subcontractor.
13. Confidentialiet. Developer agrees not to divulge to any third party without the written consent of Company, an
information that relates to this Ameamerrt or to the technical or business activities of Company obained from or thro ugh
Company in connection with the performance of this Agreement unless the information: (1) was known or legally
obtained by Developer before obtaining the same from Company; (2) is, at the time of disclosure by Developer, then in
the public domain: or (3) Is obtained by Developer from a third party who did not receive the information directly or
Indirectly from Company and who has no obligation to secrecy with expect thereto. This provision will not restrict in
any manner the reporting of safety - related concerns,
14. Miscellaneous.
a This Agreement will inure to the benefit of and be binding upon the parties and their respective legal
representatives, successors and permitted assigns.
b. This Agreement will be construed in accordance with the laws of the State of Texas, irrespective of any
conflict of laws provisions. _
c. Waiver by_ either party of any breach or the failure of either party to enforce any of the provisions of this
Agreement will not limit or waive such party's right to thereafter enforce strict compliance of this Agreement.
4. If aqy provision of this Agreement is held invalid by any court or regulatory authority, then such provision will
be deemed severable, and the remainder of this Agreement will continue in full force and effect.
e. Neither Devcl opca' a completion of any Work, nor any ter ninadon or cancellation of this Agreement, will be
deemed to relieve DDeevveloper of any obligations it may have under this Amt, which by their nature survive
completion of the Work, including, but not limited to, au warranties and obligations of indemnity.
f Company has the right to order the temporary discontinuance of any Work when, in the sole discretion of
Cony, the Work is not being performed in a safe manner, the specified quality of the Work is not being met or
the Work is not otherwise being perfumed in accordance with the s equireneale of this Agreement. Upon receiving
notice of ntsperosion, Developer will, unless the notice requires otherwise: (1) immediately discontinue the Work
on the date and to the extent specified in the notice; (2) place no further orders or suboonrraets for materials, services
or facilities with to the suspended Work other than to the extent required in the notice; (3) proahpdy make
every :Damnable effort obtain suspension upon terms satisfactory toCompany of all orders :ubco actn and
renal agreements to the extent they relate to performance of the suspended Work and (4) cannnue to mend and
maintain the Work including these portions on which Wait has been suspended. If Company nodfies
Developer that Developer may re commence the Work, Developer will immediately resume performance under this
Agreement to the extent required in the notice. •
g. Compaq! may terminate this Agreement without cause, in whole or in part, by providing written notice to
Developer. Upon receiving notice of termination, Developer will discontinue all - Work in accordance with
Company's termination instrections. In addition, Developer will ty delay or terminate all applicable orders
and subcontractors. Company's only liability to Developer for e of this Agreement before Final
Acceptance will be to pay Developer's costs in constructing the Work before the notice of termination is received.
h. All notices and pa a front one party to the other will be deemed to have been delivered when hand
delivered or when p in the United States mail, return receipt 'equated, postage prepaid, if sent to the following
addresses:
TXU Gam Distribution
Attn:
i. This Agreement and all Exhibits attached hereto constitute 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
TXU Chas Distribution, a division of TXU Gas Company
By: By
Name: Name:
NOV -07 -2002 THU 02:59 PM ONCOR
Title: Title:
Date: Date:
FAX NO. 1 979 774 2503 P. 05/12
NOV -07 -2002 THU 02:59 PM ONCOR
Exhibit "A"
to Offsite Developer Installed Piping Agreement
SCOPE OF WORK
• WR#
• SUBDIVISION & PHASE
• DEVELOPER REQUIREMENTS: GAS MAIN EXTENSION
FAX NO. 1 979 774 2503 P. 06/12
ALLEY DISTRIBUTION:
The developer will install all gas main(s) as designed to serve the project.
Also, service taps and service line risers. The developer will be responsible
for installing facilities to TXU Gas specifications including, but not limited
to, tracer wire, test stations, etc.
FRONT LOT DISTRIBUTION:
The developer will install all gas main(s) as designed to serve the project. Also,
service taps or stubs to a point 10 feet inside the property line. Curb marker
medallions and/or marker balls will be placed to mark all service stubs. The
developer will be responsible for installing facilities according to TXU Gas
specifications including, but not limited to, tracer wire, test stations, etc.
• Developer will be responsible for, but not limited to, all erosion prevention,
landscaping repair, ditch compaction and street or highway restoration required by
such easements, permits and necessitated as a results on the described work.
• In addition. the Developer will be responsible for the following.;
1. Notiflcatlon to Comoanv New Construction Manager and Inspector five
days orlpr to start of co istnrctgp
Z. Approximate footaae of each shoe y mains listed below.
"NOV - 07 -2002 THU 02 :59 P!1 ONCOR
STATE OF TEXAS 4
COUNTY OF
Exhibit "B"
to Offsite Developer Installed Piping Agreement
BILL OF SALE AND ASSIGNMENT FORM
KNOW ALL MEN BY THESE PRESENTS:
FAX NO, 1 979 774 2503 P. 07/12
THAT for good and valuable concidoradon, the receipt and sufficiency of which is herby acknowledged,
, a corporation (hereinafter referred to u "Seller"), hereby grants, bargains, sells,
assigns, transfers and conveys unto TXU GAS DISTRIBUTION, a division of TXU Gas Company, 1601 Bryan Street,
Dallas, Texas 75201, a Texas corporation (hereinafter referred to as "Buyer"), its successors and assigns, all of Sc1M's
right, tide 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 Attaohment "A," located on that property described in
Attachment "B," as configured and situated along the route described in Attachment "C." all such
attachments being a pan hereof and
(b) all easements and permits related to the equipment and facilities set forth above,, as desatbed in Attachment
"D." being a part hereof
Seller warrants that it is the lawns! owner in every respect of the Property, and that the Property is free and clear
of all liens, security agreemags, encumbrances, claims, demands and charges of every kind whatsoever. Seller funher
warrants that it is not aware dairy 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 successors and aaaigoa forever, to warrant and defend the
tide to the Property against every person whomsoever lawfully claiming the Property or any part of it.
Seller trainer agrees to execute and deliver any and all further conveyances, assists, bilk of sale,
certificates, iasuumenni of transfer or other doarneats that may be necessary or appropriate to effectuate the terms
hereof and the tams of that certain Developer Installed Piping Master Agreement between Buyer and Soler, dated_
, and to vest in Buyer, is heirs, represantativa, suocessors and assigns, tide to the Property.
200
IN WITNESS WHEREOF, this Bill of Sale and Assignment k executed on the day of
TXU GAS DISTRIBUTION,
a division of TXU Gas Company
By: By:
Title: Tide:
- NOV- 07-2002 THU 03:00 PM ONCOR
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this thy personally appeared _
of TXU OAS DISTRIBUTION, a division of TXU (3u Company, a Texas corporation,
known to me to be the person whose name is subscribed to the foregoing hutment, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and
deed of said company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of , 200_.
STATE OF
COUNTY OF
§
§
*
Notary Public in and for The State of Texas
My Commission expires:
FAX NO. 1 979 774 2503 P. 08/12
BEFORE ME, the undersigned authority, on this day personally appeared
of , a , lmown to me
to be the person whose name is subscribed to the tbregoing instrument, and acknowledged tome that he executed the
same for the purposes and consideration therein expressed, in the capacity tbetein stated and as the act and deed of said
company.
GIVEN UNDER MY HAND AND SISAL OF OFFICE, on this the _ day of , 200_.
Notary Public in and for the State of
My commission expires:
NOV -07 -2002 THU 03:00 PM ONCOR
Exhibit "E"
to Mite Developer Installed Piping Agreement
DEVELOPER/CONTRACTOR MINIMUM INSURANCE REQUIREMENTS
FAX NO. 1 979 774 2503 P. 09/12
DEVELOPER/CONTRACTOR will, at its own expense, maintain in force throughout the period of this Agreement and until released
by COMPANY the following minimum Insurance coverages, with insurers acceptable to COMPANY.
1) Ewers' liability and Worker's' Comopnsetion Insurance providing statutory benefits In accordance with the laws and
regulations of the State of Texas. The minimum limits for the Employers' Liability insurance will be One Million Dollars
($1.000,000) each accident bodily injury by accident. One Million Dollars ($1, 000.000) each employee bodily injury by
disease, One Million Dollars (61.000,000) policy limit bodily Injury by disease,
2) C gienaggiattedgmagg, including premises and operations, personal injury, broad form property damage,
broad form blanket contractual liability coverage, products and completed operations coverage [continuing for two (2) years
after Final Acceptance], coverage for explosion, canapes and underground hazards, Independent contractors' coverage,
coverage for incidental medical malpractice, water craft coverage, coverage for pollution to the extent normally available
and exemplary punitive damage, and a cross lability endorsement, with minimum limits of One Million Dollars ($1,000.000)
per occurrence / One Million Dollars (61,000,000) aggregate combined single limit for personal injury, bodily injury,
including death and property damage.
3) Qmpretanslve; Automobi Liabilhy Insa for coverage of owned, non -owned and hired vehicles, toners or semi -
tradene designed for travel on public roads, whether licensed or not with a minimum combined single Nn* of One Million
Dollars (61, 000. 000) per occur once for bodily injury, Including death, and property damage.
4) F.xss Public Liebit ty Inauanoe over and above the Employers' Liability. Commercial General Liabiity and
Comprehensive Automobile Liability Insurance coverage, with a minimum combined single lint of One MiUion Dollars
($1.000,000) per occurrence / One Million Dollars (61.000.000) aggregate.
5) The Commercial General Liability Insurance. Comprehensive Automobile Liability Insurance, and Excess Public Liability
Insurance policies will name COMPANY as insureds under the policies. All policies will contain provisions whereby the
insurers waive all rights of subrogation against COMPANY and provide sixty (60) days advance written notice to
COMPANY prior to anniversary date of cancellation or any material change in coverage or condition.
The Commercial General Liability Insurance, Comprehensive Automobile Debility Insurance and ExceW Public liability
Insurance policies ell contain provisions that specify that the policies are primary and will apply without consideration for
other policies separately carried and will state each Insured is provided ooverage as though a separate policy had been
issued to each, except the insurer's liability will not be increased beyond the amount for which the insurer would have been
liable had only one insured been covered. Only one deductible will apply per occurrence regardless of the number of
insureds Involved in the occurrence. CONTRACTOR will be responsible for any deductibles or retentions.
To the extent that policies provided hereunder Include aggregates applicable to coverage limits, the slat One When Dollars
($1,000,000) of liability insurance will limit coverage to this Project.
6) The Commercial General Liability Insurance, Comprehensive Automobile Liability Insurance end Excess Public Liability
Insurance policies,11 written on a Claims First Made basis. will be maintained In full force and affect for two (2) years after
Final Acceptance.
7) The requirements contained herein as to the types and limits 01 ail Insurance to be maintained by CONTRACTOR are not
intended to and will not, In any manner, limit or qualify the liabilities and obligations assumed by CONTRACTOR under
this Agreement
8) Prior to comrnenoement of work and at insurance poky renewal, DEVELOPER/CONTRACTOR will provide to COMPANY
CeNflcates of Insurance evidencing the coverage required herein and upon COMPANY's request. COMPANY's review
of certificates or policies will not be construed as accepting any deficiencies In CONTRACTOR's insurance or relieve
CONTRACTOR of any obligations set forth herein. In addition, CONTRACTOR will require sack offs subcontractors to
provide adequate insurance. Any dellcences In the hsurance to be provided by subcontractors will be the responaiblity
of CONTRACTOR.
0) DEVELOPER/CONTRACTOR agrees to report to COMPANY in writing as soon as practical all instances of damage to
the Project and all accidents or occurrences resulting in injuries to any person, including death, involved in the Project.
and any property damage arising out of the performance of the Work.
DEVELOPER/CONTRACTOR is encouraged to cony such other or additional Insurance as CONTRACTOR may deers necessary
to assure Its linencial Integrity to discharge all obligations and potential labilities under this Agreement
If the insurance obligations required In this agreement exceed the maximum limits permitted by law or do not otherwise conform
with any epplcabte law, then this agreement will be deemed amended so as to only require CONTRACTOR to provide insurance
to the maximum extent allowed by law.
CONTRACTOR'$ inaranoe obligation Include coverage supporting its obligations to defend. Indemnify and hold harmless
COMPANY Group for CLAIMS arising out of COMPANY'$ sole or concurrent negligence, wilt' minimum limits of 51,000,000 or the
maximum amount permitted by law for these indemnification obligations.
110i t - 4uU2 I nu us: Uu rf1 UNLUh
FAX NO. 1 979 774 2503 F. 10/12
WORK ASSIGNMENT SUPPLEMENT (Gas)
This Work Assignment Supplement is entered into effective , 200 by and between
(" CONTRACTOR"), ( "DEVELOPER "), and TXU Gas Distribution, a division of TXU Gas 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 weed between CONTRACTOR and DEVELOPER. Notwithstanding the
foregoing, COMPANY will own the Work.
SCOPE OF WORK - CONTRACTOR will perform the Work in accordance with the Scope of Work Attachment and
the drawings specifications, 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.
CONTRACTOR 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 CONTRACEOR'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.
If the real property on which the Work is being performed is not located on public rights -of -way, then DEVELOPER will
grant to COMPANY (and/or, in COMPANY's discretion, to CONTRACTOR) an easement over such property, to the
extent necessary to allow for complete performance of the Work, on COMPANY's standard form, prior to the
commencement of the Work.
DEVELOPER must notify COMPANY's Project Manager at least five days prior to commencement of construction.
INVOICES — All invoices will be sent to DEVELOPER at the following address:
Address:
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: TXU Gas Distribution,
a division of TXU Gas Company
Ey: B
Name: Name:
Title: Title:
DEVELOPER:
By:
Name:
Title:
- NOV -07 -2002 THU 03:01 PM ONCOR
WORK ASSIGNMENT SUPPLEMENT
SCOPE OF WORK ATTACHMENT
FAX NO. 1 979 774 2503 P. 11/12
WR#
DEVELOPER REQUIREMENTS: GAS MAIN EXTENSION
CONTRACTOR will be responsible for providing gas mains of the number, dimensions,
and footages specified below:
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.
:NOV-01-2002 THU 03 :01 PM ONCOR
Approved Contractors List
1. Texoon Construction — Buster Smith ph : 979 -690 -7711
2. CB Construction — Cam Moorehead ph : 979-229-1779
3. Young Contractors • Keith Pierson ph 979 -779 -1112
4. M.J. Sheridan Construction — Albert Toledo ph 979- 492 -3103
Oncor Personnel
1. Onoor lnspeotor — Andy Moore — mobile 979. 255.4505
2. Oncor Engineer — Kimberly Winn ph : 979 -774 -2506
3. Onoor New Construction Manager — Rick Herbelin ph: 254 -750 -5330
Note: We encourage pre- eonstmction meetings on all developer installed piping systems
between the developer. contractors and Onoor personnel. It will be up to the developer or
contractor to schedule because of their start date.
FAX NO. 1 979 774 2503 P. 12/12
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