HomeMy WebLinkAboutContract 43249 (2)CITY SECREYARI°' Ir� Z9 Ci
CONTRACT N0. `�
PUBLIC RIGHT-OF-WAY USE AGREEMENT
This PUBLIC RIGHT-OF-WAY USE AGREEMENT ("Agreement") is hereby made
and entered into by and between the CITY OF FORT WORTH, a home rule municipal
corporation organized under the laws of the State of Texas and acting by and through Fernando
Costa, its duly authorized Assistant City Manager, and TEXAS MIDSTREAM GAS
SERVICES, L.L.C., an Oklahoma limited liability company, acting by and through Ron
Baranski, Manager - Property Rights.
The following statements are true and correct and constitute the basis upon which the
City of Fort Worth has executed Agreement.
A. TEXAS MIDSTREAM GAS SERVICES, L.L.C., an Oklahoma limited liability
company, ("Company") wishes to construct a pipeline for the transportation of natural gas
within certain Public Rights -of -Way. Because Company is not a public utility, as that term is
used in the City Charter and City Code, and because Company will not be providing services to
end user customers in the City, Company is not required to obtain a franchise from the City, but
is required to obtain the City's consent pursuant to a license agreement that sets forth the terms
and conditions under which Company may use the Public Right -of -Way.
B. The City has reviewed Company's request and agrees to grant Company a license
to use certain Public Rights -of -Way in order to construct, operate and maintain a pipeline, on the
terms and conditions set forth herein, solely for the transportation of natural gas and solely in
accordance with the terms and conditions of this Agreement.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Affiliate shall mean any individual, partnership, association, joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or
controls, or is owned or controlled by, or is under common ownership or control
with, the entity in question.
Agreement shall mean the authorization issued to Company hereunder to use the Public
Rights -of -Way for (i) the construction, installation, maintenance and repair of
Company's Pipeline; (ii) the use of such Pipeline for the transportation of Gas;
and (iii) any other directly related uses of the Public Rights -of -Way, pursuant to
and in accordance with this Agreement.
Company shall mean Texas Midstream Gas Services, L.L.C., an Oklahoma limited
liability company, only and shall not include any Affiliate or third party.
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05 -22-1 2 A 10 : 0 9 IN
City shall mean the area within the corporate limits of the City of Fort Worth, Texas and
the governing body of the City of Fort Worth, Texas.
Commission shall mean the Railroad Commission of the State of Texas or other
authority succeeding to the regulatory powers of the Commission
Customer shall mean any Person located, in whole or in part, within the City.
Director shall mean the Director of the City's Department of Transportation/Public
Works or authorized representative.
Gas shall mean gaseous fuels such as natural gas, artificial gas, synthetic gas, liquefied
natural gas, manufactured gas, or any mixture thereof.
Person shall mean, without limitation, an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a join venture, a
business trust or any other form or business entity or association.
Pipeline shall mean the pipeline and other facilities approved by the Director that are
installed by Company in the Public Rights -of -Way in accordance with this
Agreement
Public Rights -of -Way shall mean only those dedicated public streets, highways, alleys
and rights -of -way in the City identified in Exhibit "A" of this Agreement,
attached hereto and hereby made a part of this Agreement for all purposes.
2. GRANT OF RIGHTS.
2.1. General Use of Public Rights-of-Wav for Provision of Gas.
Subject to the terms and conditions set forth in this Agreement and the City
Charter and ordinances, the City hereby grants Company a license to (i) erect, construct,
mstall and maintain its Pipeline in, over, under, along and across the Public Rights -of -
Way and (ii) transport Gas through the portions of its Pipeline in, over, under, along and
across the Public Rights -of -Way. Company hereby acknowledges and agrees that this
Agreement allows only the transportation of Gas through the City and does not allow
Company to distribute, sell or otherwise provide Gas to any Customer
2.2. Nonexclusive.
This Agreement and all rights granted to Company herein are strictly
nonexclusive. The City reserves the right to grant other and future licenses and other
authorizations for use of the Public Rights -of -Way to other Persons and entities in
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accordance with applicable law and as the City deems appropriate; provided, however,
that as to the grant of subsequent licenses for use of the same Public Rights -of -Way that
is solely within the discretion of the City, if a dispute arises as to priority of the use of the
Public Rights -of -Way, the City will resolve such dispute in a manner that does not result
in unreasonable interference with Company's operation of the Pipeline for the purposes
provided for herein. This Agreement does not establish any priority for the use of the
Public Rights -of -Way by Company or by any present or future licensees or other permit
holders In the event of any dispute as to the priority of use of the Public Rights -of -Way,
the first priority shall be to the public generally, the second priority to the City in the
performance of its various functions, and thereafter, as between licensees and other
permit holders, as determined by the City in the exercise of its powers, including the
police power and other powers reserved to and conferred on it by the State of Texas.
2.3. Other Permits.
This Agreement does not relieve Company of any obligation to obtain permits,
licenses and other approvals from the City or other regulatory agency necessary for the
construction, installation, maintenance or repair of Company's Pipeline or the
transportation of Gas through such Pipeline.
2.4. Bonds.
Prior to the commencement of any construction work in the Public Rights -of -Way
in the City that requires a cut, opening or other excavation, Company shall deliver to the
City bonds executed by a corporate surety authorized to do business in the State of Texas
and acceptable to the City in the proportional amount of the cost of work under the
construction contract or construction project that will be performed in the Public Rights -
of -Way. The bonds shall guarantee (i) satisfactory compliance by Company with all
requirements, terms and conditions of this Agreement and (ii) full payments to all
persons, firms, corporations or other entities with whom Company has a direct
relationship for the performance of such construction, maintenance or repairs.
If any such construction, maintenance and repair work is undertaken by a
contractor of Company, Company shall also require such contractor to deliver to
Company bonds executed by a corporate surety authorized to do business in the State of
Texas and acceptable to the City in the proportional amount of the cost of work under the
construction contract or construction project that will be performed by the contractor in
the Public Rights -of -Way. The bonds shall guarantee (i) the faithful performance and
completion of all construction maintenance or repair work in accordance with the
contract between Company and the contractor and (ii) full payment for all wages for
labor and services and of all bills for materials, supplies and equipment used in the
performance of that contract. Such bonds shall name both the City and Company as dual
obligees.
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3. TERM
This Agreement shall become effective on the date as of which both parties have
executed it ("Effective Date ) and shall expire at 11:59 P.M. CST on May 31, 2037 unless
terminated earlier as provided herein.
4. FEES AND PAYMENTS TO CITY.
4.1. Right -of -Way Use Fee.
On or prior to the Effective Date, Company shall pay the City as compensation
for its use of the Public Rights -of -Way for the Term of this Agreement the sum of Four
Thousand Sixty Five Dollars and Sixty Cents ($4,065.60) ("License Fee"). Company
hereby acknowledges and agrees that the amount of this License Fee constitutes just and
reasonable compensation to the City for Company's use of the Public Rights -of -Way as
provided by this Agreement
4.2. Other Payments.
In addition to the License Fee, Company shall pay the City all sums which may be
due the City for property taxes, license fees, permit fees, or other taxes, charges or fees
that the City may from time to time impose on all other similarly situated entities within
the City. Company shall reimburse the City for publication of this Agreement as required
by the City's Charter.
4.3. Interest.
All sums not paid when due shall bear interest at the rate of ten percent (10%) per
annum or the maximum amount allowed by law, whichever is less, computed monthly If
such outstanding sums are paid with interest within thirty (30) days following their
respective due dates, Company's failure to pay such sums by their respective due dates
shall not, in and of itself, constitute an Event of Default under Section 9 of this
Agreement
5. REGULATORY AUTHORITY OF THE CITY.
Company's property and operations hereunder shall be subject to such regulation by the
City as may be reasonably necessary for the protection or benefit of the general public In this
connection, Company shall be subject to, governed by and shall comply with all applicable
federal, state and local laws, including all ordinances, rules and regulations of the City as same
may be adopted and amended from time to time.
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6. USE OF PUBLIC RIGHTS -OF -WAY.
6.1. Compliance with Laws, Ordinances, Rules and Renulations.
The City has the right to control and regulate the use of the Public Rights -of -Way,
public places and other City -owned property and the spaces above and beneath them.
Company shall comply with all applicable laws, ordinances, rules and regulations,
including, but not limited to, City ordinances, rules and policies related to construction
permits, construction bonds, permissible hours of construction, operations during peak
traffic hours, barricading requirements and any other construction rules or regulations
that may be promulgated from time to time.
6.2. No Undue Burden.
The Pipeline shall not be erected, installed, constructed, repaired, replaced or
maintained in any manner that places an undue burden on the present or future use of the
Public Rights -of -Way by the City and the public. If the City reasonably determines that
the Pipeline does place an undue burden on any portion of the Public Rights -of -Way,
Company, at Company's sole cost and expense and within a reasonable time period
specified by the City, shall modify the Pipeline or take other actions determined by the
City to be in the public interest to remove or alleviate the burden.
6.3. Minimal Interference.
Prior to the undertaking of any kind of construction, installation, maintenance,
repairs or other work that requires the excavation, lane closure or other physical use of
the Public Rights -of -Way, Company shall, except for work required to address an
emergency, provide at least twenty-four (24) hours advance written notice to the owners
of property adjacent to the Public Rights -of -Way that will be affected. In the case of
emergencies Company shall provide notice to the affected landowners within twenty-four
(24) hours after commencement of work In addition, during any such work, Company
shall provide construction and maintenance signs and sufficient barricades at work sites
to protect the public The use of such traffic control devices shall be consistent with the
standards and provisions of Part VI of the Texas Manual on Umfoiin Traffic Control
Devices. Company shall utilize appropriate warning lights at all construction and
maintenance sites where one or more traffic lanes are closed or obstructed during
nighttime conditions.
6.4. "As -Built" Plans and Maps.
Company at Company's sole cost and expense, shall provide the City with as -
built plans of all portions of the Pipeline located in the City and the City's extraterritorial
jurisdiction and maps showing such Pipeline within ninety (90) calendar days following
the completion of such Pipeline Company shall supply the textual documentation of
such as -built plans and maps in computer foituat as requested in writing by the City and
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shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately
reflected in the City's mapping system.
6.5. Marking of Pipeline.
The Pipeline shall be marked, in a manner that is acceptable to the Director, to
show conspicuously Company's name and a toll -free telephone number of Company that
a Person may call for assistance.
6.6. Pavement Cut Coordination and Additional Fees.
The City shall have the right to coordinate all excavation work in the Public
Rights -of -Way in a manner that is consistent with and convenient for the implementation
of the City's program for street construction, rebuilding, resurfacing and repair. In order
to preserve the integrity of the Public Rights -of -Way, Company shall not cut, excavate or
otherwise breach or damage the surface of any paved Public Right -of -Way within ninety-
six (96) months following the construction or resurfacing of such Public Right -of -Way
unless (i) Company obtains written consent from the Director and (ii) pays the City, for
each fifty (50) linear feet of a cut, excavation or breach of any Public Right -of -Way or
portion thereof, the sum of (a) $1,500 for any cut, excavation or breach occurring
between the effective date and May 31, 2017; (b) $1,800 for any cut, excavation or
breach occurring between June 1, 2017 and May 31, 2022; (c) $2,150 for any cut,
excavation or breach occurring between June 1, 2022 and May 31, 2027; and (d) $2,600
for any cut, excavation or breach occurring between June 1, 2027 and May 31, 2037.
Such fee shall (i) be in addition to, and not in lieu of, Company's obligations to restore
the Public Rights -of -Way in accordance with this Agreement and (ii) not be allocated or
otherwise counted as part of the License Fee to the City.
6.7. Restoration of Public Rights -of -Way and Property.
Company, at Company's sole cost and expense, and in a manner approved by the
City, shall promptly restore any portion of the Public Rights -of -Way City -owned
property or other privately -owned property that are in any way disturbed or damaged by
the construction, operation, maintenance or removal of any of the Pipeline to, at
Company's option, as good or better a condition as such property was m immediately
prior to the disturbance or damage. Company shall diligently commence such restoration
within thirty (30) calendar days following the date that Company first became aware of
the disturbance or damage or, if the Pipeline is being removed, within thirty (30) calendar
days following such removal.
6.8. Relocation of Pipeline.
Within forty-five (45) calendar days following a written request by the City,
Company, at Company's sole cost and expense, shall protect, support, disconnect or
remove from the Public Rights -of -Way all or any portion of its Pipeline due to street or
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other public excavation, construction, repair, grading, regrading or traffic conditions; the
installation of sewers, drains, water pipes or municipally -owned facilities of any kind; the
vacation, construction or relocation of streets or any other type of structure or
improvement of a public agency; any public work; or any other type of improvement
necessary, in the City s sole discretion, for the public health, safety or welfare. If
Company reasonably requires more than forty-five (45) days to comply with the City's
written request, it shall notify the director of the City's Department of
Transportation/Public Works in writing and the City will work in good faith with
Company to negotiate a workable time frame.
6.9. Emergencies.
6.9.1. Work by the City.
For purposes of this Section 6.9.1, a public emergency shall be any
condition which, in the opinion of the officials specified herein, poses an
immediate threat to life, health or property and is caused by any natural or man-
made disaster, including, but not limited to, stoitus, floods, fires, accidents,
explosion, water main breaks and hazardous materials spills In the event of a
public emergency, the City shall have the right to take whatever action is deemed
appropriate by the City Manger, Mayor, Police Chief or Fire Chief, or their
authorized representatives, including, but not limited to, action that may result in
damage to the Pipeline, and Company hereby (i) releases the City, its officers,
agents, servants, employees and subcontractors from liability or responsibility for
any Damages, as defined in Section 7 1, that may occur to the Pipeline or that
Company may otherwise incur as a result of such a response, and (ii) agrees that
Company, at Company's sole cost and expense, shall be responsible for the repair,
relocation or reconstruction of all or any of its Pipeline that is affected by such
action of the City. In responding to a public emergency, the City agrees to
comply with all local, state and federal laws, including any requirements to notify
the Texas One Ca11 System, to the extent that they apply at the time and under the
circumstances In addition, if the City takes any action that it believes will affect
the Pipeline, the City will notify Company as soon as practicable so that Company
may advise and work with the City with respect to such action.
6.9.2. Work by or on Behalf of Company.
In the event of an emergency directly that involves that portion of the
Pipeline located in the Public Rights -of -Way and necessitates immediate
emergency response work on or repairs, Company may initiate the emergency
response work or repairs or take any action required under the circumstances
provided that Company notifies the City as promptly as possible. After the
emergency has passed, Company shall apply for and obtain a construction permit
from the director of the City's Department of Transportation/Public Works and
otherwise fully comply with the requirements of this Agreement
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6.10. Removal of Pipeline.
Upon the revocation, termination or expiration without extension or renewal of
this Agreement, Company's right to use the Public Rights -of -Way under this Agreement
shall cease and Company shall immediately discontinue the transportation of Gas in or
through the City. Within six (6) months following such revocation, termination or
expiration and if the City requests Company, at Company's sole cost and expense, shall
remove the Pipeline from the Public Rights -of -Way (or cap the Pipeline, if consented to
by the City), in accordance with applicable laws and regulations If Company has not
removed all of the Pipeline from the Public Rights -of -Way (or capped the Pipeline, if
consented to by the City) within six (6) months following revocation, termination or
expiration of this Agreement, the City may deem any portion of the Pipeline remaining in
the Public Rights -of -Way abandoned and, at the City's sole option, (i) take possession of
and title to such property or (ii) take any and all legal action necessary to compel
Company to remove such property; provided, however, that Company may not abandon
its facilities or discontinue its services within the City without the approval of the
Commission or successor agency or any other regulatory authority with such jurisdiction.
Within six (6) months following revocation, termination or expiration of this
Agreement and in accordance with Section 6 7 of this Agreement, Company shall also
restore any property, public or private, that is disturbed or damaged by removal (or, if
consented to by the City, capping) of the Pipeline If Company has not restored all such
property within this time, the City, at the City's sole option, may perform or have
performed any necessary restoration work, in which case Company shall immediately
reimburse the City for any and all costs incurred in performing or having performed such
restoration work.
7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
Company shall be liable and responsible for any and all damages losses,
liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands,
defenses judgments, lawsuits, proceedings, costs, disbursements or expenses (including,
without limitation, fees, disbursements and reasonable expenses of attorneys, accountants
and other professional advisors and of expert witnesses and costs of investigation and
preparation) of any kind or nature whatsoever (collectively "Damages"), which may
arise out of or be in any way connected with (i) the construction, installation, operation,
maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the
transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Company, its contractors or
subcontractors; or (iv) Company's failure to comply with any federal, state or local law,
ordinance, rule or regulation, except to the extent directly caused by the negligent or
grossly negligent act(s) or omission(s) or intentional misconduct of the City.
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7.2. Indemnification.
COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS,
COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS
("INDEMNITEES'), FROM AND AGAINST ANY AND ALL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE FOR PROPERTY DAMAGEAND
PERSONAL INJURY, INCLUDING DEATH) WHICH MAY ARISE OUT OF OR BE
IN ANY WAY CONNECTED WITH (I) THE CONSTRUCTION, INSTALLATION,
OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY
RELATED FACILITIES OR APPURTENANCES; (II) THE TRANSPORTATION
OF GAS THROUGH THE PIPELINE; (III) ANY CLAIM OR LIEN ARISING OUT
OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO
COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (ITO COMPANY'S
FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW,
ORDINANCE, RULE OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY
CAUSED BY THE NEGLIGENT OR GROSSLY NEGLIGENT ACT(S) OR
OMISSION(S) OR INTENTIONAL MISCONDUCT OF THE CITY.
7.3. Assumption of Risk.
Company hereby undertakes and assumes, for and on behalf of Company, its
officers, agents, contractors, subcontractors, agents and employees, all risk of dangerous
conditions if any, on or about any City -owned or City -controlled property, including, but
not limited to, the Public Rights -of -Way.
7.4. Defense of Indemnitees.
In the event any action, lawsuit or other proceeding is brought against any
Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder,
the City shall give Company prompt written notice of the making of any claim or
commencement of any such action lawsuit or other proceeding, and Company, at
Company's sole cost and expense, shall resist and defend the same with reasonable
participation by the City and with legal counsel selected by Company and specifically
approved by the City. In such an event, Company shall not admit liability in any matter
on behalf of any Indemnitee without the advance written consent of the City.
8. INSURANCE.
Company shall procure and maintain at all times, in full force and effect, a policy or policies
of insurance to provide coverages as specified herein, naming the City as an additional insured and
covering all public risks related to the use, occupancy, condition, maintenance, existence or location
of the Public Rights -of -Way and the construction, installation, operation, maintenance or condition
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of the Pipeline, including the transportation of Gas through the Pipeline. The required insurance can
be met by a combination of self-insurance, primary and excess policies.
8.1. Primary Liability Insurance Coverage.
•
Commercial General Liability:
$1,000,000 per occurrence, including coverage for the following: (i) Premises
Liability, (ii) independent contractors; (iii) products/completed operations; (iv)
personal injury (v) contractual liability; (vi) explosion, collapse and
underground property damage.
• Property Damage Liability:
$10,000,000 per occurrence
• Automobile Liability:
$1,000,000 per accident,
including, but not limited to, all owned, leased hired or non -owned motor
vehicles used in conjunction with the rights granted under this Agreement
• Worker's Compensation:
As required by law; and, Employer's Liability as follows:
$1,000,000 per accident.
8.2. Revisions to Required Coverage.
At the reasonable recommendation of the City s Risk Manager, the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
Company agrees that within thirty (30) days of receipt of written notice from the City,
Company will implement all such revisions requested by the City. The policy or policies of
msurance shall be endorsed to provide that no material changes in coverage, including but
not limited to, cancellation, termination, non -renewal or amendment, shall be made without
thirty (30) days' prior written notice to the City.
8.3. Underwriters and Certificates.
Company shall procure and maintain its insurance with underwriters authorized to
do business m the State of Texas and who are acceptable to the City in terms of solvency
and financial strength. Within thirty (30) days following adoption of this Agreement by the
City Council, Company shall furnish the City with certificates of insurance signed by the
respective companies as proof that it has obtained the types and amounts of insurance
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coverage required herein In addition, Company shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
8.4. Deductibles.
Deductible or self -insured retention limits on any line of coverage required herein
shall not exceed $25,000 in the annual aggregate unless the limit per occurrence, or per line
of coverage, or aggregate is otherwise approved by the City.
8.5. No Limitation of Liability.
The insurance requirements set forth in this Section 8 and any recovery by the City
of any sum by reason of any insurance policy required under this Agreement shall in no way
be construed or effected to limit or in any way affect Company's liability to the City or other
persons as provided by this Agreement or law.
9. DEFAULTS.
The occurrence at any time during the term of this Agreement of one or more of the
following events shall constitute an "Event of Default" under this Agreement
9.1. Failure to Pay License Fee.
An Event of Default shall occur if Company fails to pay any License Fee on or
before the respective due date.
9.2. Breach.
An Event of Default shall occur if Company materially breaches or violates any
of the tellns, covenants, representations or warranties set forth in this Agreement or fails
to perform any obligation required by this Agreement
9.3. Bankruptcy, Insolvency or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in
bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any
petition filed against it seeking any reorganization, arrangement composition,
readjustment, liquidation, dissolution or similar relief for itself under any laws relating to
bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in
the appointment of any trustee, receiver, master, custodian or liquidator of Company, any
of Company's property or any revenues, issues, earnings or profits thereof, (v) makes an
assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as
they become due.
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9.4. Violations of the Law.
An Event of Default shall occur if Company violates any existing or future federal,
state or local laws or any existing or future ordinances, rules and regulations of the City.
10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opportunity to Cure.
If an Event of Default occurs on account of Company s failure to pay the License
Fee in accordance with Section 9 1, such Event of Default shall be deemed an Uncured
Default and the City shall have the right to terminate this Agreement immediately upon
provision of written notice to Company If an Event of Default occurs for a reason other
than for failure to pay the License Fee, the City shall provide Company with written
notice and shall give Company the opportunity to cure such Event of Default. For an
Event of Default which can be cured by the immediate payment of money to the City,
Company shall have thirty (30) days from the date it receives written notice from the City
to cure the Event of Default. For any other Event of Default, Company shall have sixty
(60) days from the date it receives written notice from the City to cure the Event of
Default. If any Event of Default is not cured within the time period specified herein, such
Event of Default shall, without further notice from the City, become an "Uncured
Default" and the City immediately may exercise the remedies provided in Section 10.2.
10.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default the City shall be entitled to exercise,
at the same time or at different times, any of the following remedies, all of which shall be
cumulative of and without limitation to any other rights or remedies the City may have:
10.2.1. Termination of Agreement.
Upon the occurrence of an Uncured Default, the City may terminate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it
under this Agreement, and, except as to Company's unperfonned obligations and
existing liabilities as of the date of termination, this Agreement shall
automatically be deemed null and void and shall have no further force or effect.
Company shall remain obligated to pay and the City shall retain the right to
receive License Fees and any other payments due up to the date of termination.
Company shall remove the Pipeline from and restore the Public Rights -of -Way as
and when requested by the City. The City s right to terminate this Agreement
under this Section 10.2.1 shall does not and shall not be construed to constitute
any kind of limitation on the City's right to terminate this Agreement for other
reasons as provided by and in accordance with this Agreement provided,
however, that Company may not abandon the Pipeline without the approval of the
Commission or successor agency or other regulatory authority with Jurisdiction, if
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such action without such approval is prohibited at the time by applicable federal
or state law or regulation.
10.2.2 Legal Action Against Company.
Upon the occurrence of an Uncured Default, the City may commence
against Company an action at law for monetary damages or in equity, for
injunctive relief or specific performance of any of the provisions of this
Agreement which, as a matter of equity, are specifically enforceable.
11. PROVISION OF INFORMATION.
11.1. Filings with the Commission.
Company shall provide copies to the City of all documents which Company files
with or sends to the Commission concerning or related to its transportation of Gas
through or other operations in the City, including, but not limited to, filings related to (i)
tariffs; (ii) rules, regulations and policies requested, under consideration or approved by
the Commission; and (iii) applications and any supporting pre -filed testimony and
exhibits filed by Company or third parties on behalf of Company, on the same date as
such filings are made with the Commission. In addition, Company shall provide the City
with copies of records, documents and other filings that Company is required to maintain
or supply to the Commission under any applicable state or federal law, rule or regulation
11.2. Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
which Company is a party and that pertain to the granting of this Agreement and/or the
transportation of Gas through the City within thirty (30) days of Company's receipt of
same.
12. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Company shall have the exclusive right to control the
details of its business and other operations necessary or appurtenant to the transportation of Gas in
accordance with the teirus and conditions of this Agreement, and shall be solely responsible for the
acts and omissions of its officers agents, servants, employees, contractors and subcontractors.
Company acknowledges that the doctrine of r espondeat superior shall not apply as between the
City and Company, its officers, agents, employees, contractors and subcontractors. Company
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between the City and Company.
TX-TARR-RUTH 003.00RD
GP 11-00024 — Rutherford
Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement
Page 13 of 17
13. ASSIGNMENT PROHIBITED.
Company may not assign or otherwise transfer any of its rights or obligations under this
Agreement unless specifically authorized in writing by the City, which authorization shall not be
unreasonably withheld.
14. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (i) hand -delivered to the other party, its agents employees,
servants or representatives, or (ii) received by the other party by United States Mail, postage
prepaid, return receipt requested, addressed as follows:
To THE CITY: To COMPANY:
City of Fort Worth
Public Utilities Administrator
1000 Throckmorton
Fort Worth, TX 76102
with a copy to:
City of Fort Worth
Department of Law
Attn• Attorney for Utilities
1000 1'hrockmorton
Fort Worth, TX 76102
Texas Midstream Gas Services, L L C
Manager — Property Rights
100 Energy Way
Fort Worth, TX 76102
Texas Midstream Gas Services, L L C
c/o CT Corporation
350 North St. Paul Street, Suite 2900
Dallas, Texas 75201
15. NON-DISCRIMINATION COVENANT.
Company shall not discriminate agamst any person on the basis of race, color, national
origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from
Company's business operations, in any opportunities for employment with Company or in the
construction or installation of the Pipeline
16. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or the law,
shall not constitute a waiver of the City's right to insist upon appropriate perfoiniance or to assert
any such right on any future occasion
TX-TARR-RUTH 003.00RD
GP 11-00024 — Rutherford
Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement
Page 14 of 17
17. GOVERNING LAW AND VENUE.
Phis Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas If any action, whether real or asserted, at law or in
equity, arise out of the teens of this Agreement, Company's transportation of Gas or Company's use
of the Public Rights -of -Way, venue for such action shall lie exclusively in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division.
18. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's
Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of
Public Rights -of -Way.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final
order entered by a court of competent jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement,
a court order shall be final only to the extent that all available legal rights and remedies pertaining to
such order, includmg, without limitation all available appeals, have been exhausted In such an
event the City and Company agree that they shall amend or have amended this Agreement to
comply with such fmal order entered by a court of competent Jurisdiction.
20. FORCE MAJEURE.
In the event Company's performance of any of the terms, conditions or obligations required
by this Agreement is prevented by a cause or event that is not within Company's reasonable control,
Company's non-performance shall be deemed excused for the period of such inability Causes or
events that are not within the Company's control shall include, but not be limited to, acts of God,
strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural
disasters.
21. HEADINGS NOT CONTROLLING.
Headings and titles, other than those captions in Section 1, that are used in this Agreement
are for reference purposes only and shall not be deemed a part of this Agreement.
TX-TARR-RUTH 003.00RD
GP 11-00024 —Rutherford
Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement
Page 15 of 17
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City
and Company as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions of
this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties
and approved by the City Council of the City.
EXECUTED as of the later date below:
CITY OF FORT WORTH:
By: c)sagasisse44
Fernando Costa
Assistant City Manager
Date: C/Z///2
TEXAS MIDSTREAM GAS SERVIC
By:
Mt Ron Baranski c‘
VY Manager -Property Rights
Date: 14<
or er
APPROVED AS TO FORM AND LEGALITY:
By: 1Atn
Denis McElrly
Assistant CiAttorney
Date: LI ( 111°\ Z
M&C: C-25605
Mav 8, 2012
TX-TARR-RUTH 003.00RD
GP 11-00024 — Rutherford
Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement
Page 16 of 17
by.
aic?
ark J. Kayser, City
„,•49; Cla %
OFFICIAL, RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT "A"
Company may only use the following portions of the Public Rights -of -Way in the City:
• Approximately 84 feet across Bridgewood Drive located approximately 55 feet North of
Boca Raton Boulevard.
TX-TARR-RUTH 003.00RD
GP 11-00024 —Rutherford
Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement
Page 17 of 17
Chs
apeaKe
MIDSTREAM
FACILITIES ENGINEER NAME
FACILITIES ENGINEER, CHESAPEAKE MIDSTREAM OAS SERVICES
PROJECT MANAGER NAME
PROJECT MANAGER CHESAPEAJ E MIDSTREAM GAS SERVICES
PROPOSED ALIGNMENT SHEET SET FOR
RUTHERFORD PAD LATERAL
PROPOSED 10" NATURAL GAS PIPELINE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
DATE
DATE
6,5
BEGIN
PROJECT
BOCA
9
lap
e1
l
MANHATT
SUN FLOWER IRCL
SANDY "0
N FALL BROOK
MISTY WILD BRIAR
rn GLEN
•
K
END
PROJECT
NDERS M
\
yv
ybrook
ark
WI ite
Celratery
30
[ L
2
_J
J
KUB:
FO►T WORTH - DALLA;
_II 11 IIIIn 1. _
VICINITY MAP
NTS
MAPSCO REF: 66—S, 66—N
FORT WoRTH
APRIL, 2012
SHEET INDEX:
No. SHEET NAME
01 COVER SHEET
02 TX—TARR —RUTH —GNOT
03 TX—TARR—RUTH—ALIGN1
04 TX—TARR—RUTH—ALIGN2
05 TX—TARR—RUTH—ALIGN3
06 TX—TARR—RUTH—DET1
07 TX—TARR—RUTH—DET2
DESCRIPTION
COVER
GENERAL NOTES
ALIGNMENT STA 0+00-10+00
ALIGNMENT STA 10+00-17+00
ALIGNMENT STA 17+00-25+78
CROSSING DETAILS 1-3
CROSSING DETAIL 4
CONTRACTOR NOTES
1. ALL EXISTING UTILITY DATA IS PROVIDED FOR INFORMATION ONLY. ALTHOUGH THE DATA IS SHOWN AS ACCURATELY AS
POSSIBLE, THE CONTRACTOR IS CAUTIONED THAT THE DEVELOPER AND THE ENGINEER NEITHER ASSUME NOR IMPLY ANY
RE SPONSIBIUTY FOR THE ACCURACY OF THIS DATA.
2. THE CONTRACTOR IS TO VERIFY LOCATION AND ELEVATION OF AU. EXISTING UTILITIES PRIOR TO CONSTRUCTION.
3. ALL CONTRACTORS/SUBCONTRACTORS PERFORMING WORK ON THIS PROJECT SHALL FAMIUARIZE THEMSELVES W1TH THE SITE
AND SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EXISTING FACILITIES RESULTING DIRECTLY OR INDIRECTLY FROM
THEIR OPERATIONS. SAID EXISTING IMPROVEMENTS SHALL INCLUDE BUT NOT BE UMITED TO BERMS. DITCHES, FENCES AND
PLANTS. ANY REMOVAL OR DAMAGE TO EXJSTINC IMPROVEMENTS SHALL BE REPLACED OR REPAIRED BY THE CONTRACTORS
AT THEIR EXPENSE AND SHALL BE APPROVED BY THE OWNER/REP.
4. ALL CONSTRUCTION. TESTING AND MATERIALS SHALL MEET OR EXCEED ALL REQUIREMENTS OF THE CITY OF FORT WORTH.
5. ALL TESTING SHALL BE DONE BY AN APPROVED LABORATORY AT THE EXPENSE OF THE CONTRACTOR.
6. PRIOR TO CONSTRUCTION, ALL CONTRACTORS SHALL FAMILIARIZE THEMSELVES WITH THE CONTRACT DOCUMENTS AND
SPECIFICATIONS, THE PLANS INCLUDING ALL NOTES, THE CITY OF FORT WORTH SPECIFICATIONS AND ANY OTHER APPLICABLE
STANDARDS OR SPECIFICATIONS RELEVANT TO THE PROPER COMPLETION OF THE WORK SPECIFIED. FAILURE ON THE PART OF
THE CONTRACTOR TO FAMIUARIZE HIMSELF WITH ALL STANDARDS OR SPECIFICATIONS PERTAINING TO THIS WORK SHALL IN NO
WAY RELIEVE THE CONTRACTOR OF RESPONSIBILITY FOR PERFORMING THE WORK IN ACCORDANCE WITH ALL SUCH APPLICABLE
STANDARDS AND SPECIFICATIONS.
7. CONTRACTORS SHALL HAVE IN THEIR POSSESSION, PRIOR TO CONSTRUCTION, ALL NECESSARY PERMITS, LICENSES, BONDS,
INSURANCE. ETC. CONTRACTORS SHALL EACH HAVE AT LEAST ONE SET OF APPROVED ENGINEERING PLANS AND
SPECIFICATIONS ON —SITE AT ALL TIMES.
8. IN THE EVENT THAT AN ITEM IS NOT COVERED IN THE CITY OF FORT WORTH CONSTRUCTION STANDARDS AND
SPECIFICATIONS ANO DETAILS, THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION SHALL APPLY WITH CONCURRING NOTIFICATION TO THE OWNER/REP AND PROJECT
ENGINEER. THE OWNER/REP SHALL HAVE THE FINAL DECISION ON ALL CONSTRUCTION MATERIALS, METHODS AND
PROCEDURES.
0. CONTRACTORS MUST CONFINE THEIR ACTIVITIES TO THE WORK AREA. NO ENCROACHMENTS ONTO DEVELOPED AREAS WILL
BE ALLOWED. ANY DAMAGE RESULTING THEREFROM SHALL BE THE CONTRACTOR'S RESPONSIBILTY TO REPAIR.
10. IT WILL BE THE RESPONSIBILITY OF EACH CONTRACTOR TO PROTECT ALL EXISTING PUBLIC AND PRIVATE UTILITIES
THROUG}10UT THE CONSTRUCTION OF THIS PROJECT. CONTRACTORS SHALL CONTACT THE APPROPRIATE UTIUTY COMPANIES
OR UNE LOCATIONS PRIOR TO COMMENCEMENT OF CONSTRUCTION AND SHALL ASSUME FULL LIABIUTY TO THOSE COMPANIES
FOR ANY DAMAGES CAUSED TO THEIR FACIUTIES.
11. TRENCHES WHICH LIE OUTSIDE EXISTING OR FUTURE PAVEMENTS SHALL BE BACK —FILLED ABOVE THE TOP OF THE
EMBEDMENT AND COMPACTED TO 95% PROCTOR DENSITY.
12. EMBEDMENT MALL BE AS PER THE CITY OF FORT WORTH STANDARD DETAILS.
13. TOP OF NATURAL GAS PIPELINE SHALL BE A MINIMUM OF 4'-0' BELOW THE FINISHED GROUND ELEVATION EXCEPT WHERE
SHOWN OTHERWISE IN THESE PLANS.
14. CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING TRENCH SAFETY REQUIREMENTS IN ACCORDANCE WITH STANDARD
CMP TRENCH SAFETY CUIDEUNES.
PRODUCT TRANSPORTED:
TRENCH SAFETY NOTES:
NATURAL GAS
1. ALL TRENCH EXCAVATION SHALL BE IN ACCORDANCE WITH THE U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATOR'S STANDARDS. CONTRACTOR IS RESPONSIBLE FOR ALL TRENCH SAFETY.
IFC
(ISSUED FOR CONSTRUCTION)
APR. 5, 2012
DATE.
GENERAL NOTES:
ENVIRONMENTAL NOTES:,
1. PLIASE REFER TO ENVIRONMENTAL REPORT FOR INFORMATION ON PROJECT SPECIFIC ENVIRONMENTAL CONSTRAINTS
AND SPECIFICATIONS.
2. BMP'e SHALL BE INSTALLED IN ACCORDANCE WITH LOCAL JURISDICTIONAL GOVERNING AUTHORITY.
CONSTRUCTION NOTES:
1. DATUM BASED ON TEXAS STATE PLANE COORDINATES SYSTEM, NAD 83, TEXAS NORTH CENTRAL ZONE 4202, NAVD 88.
ELEVATIONS MSL, DERIVED FROM GPS OBSERVATION.
2. EXISTING UTIUTIES ARE SHOWN IN APPROXIMATE LOCATIONS GENERATED FROM PREVIOUS MAPS AND SURVEY.
CONTRACTOR SHALL VERIFY EXACT LOCATION AND ELEVATION OF AU. EXISTING UTIUTIES IN AREA OF WORK PRIOR TO
CONSTRUCTION AND CALL TEXAS ONE CALL SYSTEM AT 1-600-245-4545 AND ALL OTHER UTILITY COMPANIES AT LEAST 2
WORKING DAYS (48 HOURS) PRIOR TO CONSTRUCTION.
3. TITLE INFORMATION PROVIDED BY TEXAS MIDSTREAM CAS SERVICES, LLC.
J
1
I TARRANT COUNTY CONTACT NUMBERS
(RIGHT OF WAY SUPERVISOR
(COUNTY ENGINEER
JEANNE GREEN
JOE TRAMMEL
817-084-1177
017-884-1153
CITY OF FORT WORTH CONTACT NUMBERS
FORT WORTH INSPECTION MARK. STEFANIK, SR. CONST IMPECTOR
FORT WORTH WATER A SANITARY SEWER LOCATES
FORT WORTH WATER A SANITARY SEWER 24 HR. NUMBER
FORT WORTH STREET LIGHT A TRAFFIC SIGNAL LOCATES
FORT WORTH STREET LICHT A TRAFFIC SIGNAL 24 HR. NUMBER
FORT WORTH STORM DRAM MAPS
I24 HOUR HOTLINE
817-302-7CGI
817-392-829G
817-392-83001
817-392-8100 I
817-392-8100
817-392-8426
817-392-1427
LEGEND:
CMP PIPELINE (NON —PHASED PROJECT)
CMP PIPELINE (PHASE 1)
CMP PIPELINE (PHASE 2)
CMP PIPEUNE (PHASE 3)
CMP PIPELINE (PHASE 4)
Q. ROAD
l CREEK/DITCH
— — — — TRACT LINE
PROPERTY/R.O.W. LINE
— — — — — PERMANENT EASEMENT
WORKSPACE EASEMENT
EASEMENT
FIBER OPT1C
UNDERGROUND ELECTRIC
OVERHEAD ELECTRIC
FOREIGN NATURAL GAS LINE
FOREIGN LINE
TELEPHONE LINE
— STORM SEWER LINE
tl SANITARY SEWER LINE
w WATER LINE
FENCE LINE
Q. RAILROAD
Ng
4-
e
r
L
•1
J
SURVEY LINE
SIGN
POWER POLE
GUY ANCHOR
FIRE HYDRANT
SANITARY SEWER MANHOLE
STORM DRAIN MANHOLE
WATER METER
GAS METER
GAS VALVE
GAS PIPELINE MARKER
TEST LEAD
WATER VALVE
GAS UGHT
LIGHT POLE
WELL
BORE LOCATION
TREE
SADDLE BAC WEIGHTS
STATION EOUATION
ADDIT1ONAL/TEMPORARY WORKSPACE
ELECTRIC TRANSMISSION TOWER
WETLANDS
MOM
Halo O TRCK. NOT Kt MIA M tID00 A PCM N D A * 1100 AMAMI DI MAMA 1 AT DO 107 A/RAR
N tutu') .^l4AL. R afAkLY LA UD.
esaeaep
MIDSTREAM
GENERAL NOTES
RUTHERFORD PAD LATERAL
PROPOSED 10" NATURAL GAS PIPELINE
CITY OF FORT WORTH, TARRANT COUNTY. TEXAS
pAtC 04-14-2112!ZM-
rxi, Imr AM•ILAL_ iLLott
i~""!" • SHEET2OF7
orn -• ',
DWG. FILE. T)C ARR—RUTH—GNOT IREV. 1
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PIPLLNC (9II10)
AUGNMENT
•
\
TEXAS NIIISTIKAM
OAS SERVICES. LLC.
20' PIPELINE EO M
INST. Ns. 0207067273
0P.R.T.C.T. .
1+-
POINT OF HEGNNINO-.
STA 0+00
N■6966132.6748
E0236259 I .5003
LAT•32.46'I8'
LONG-97.13'04'
A 4k IT PRESSURE (P.S.I.C.1
LL
0
cc
Y
1
jA.
560
550
540
530
520
510
GENERAL INFORMATION
41
1 I 1 . 1
21'1
410 s0
z. SCALE IN FEET
r 'O Mi
VIRT. SCALE
8
TARRANT
TX-TAFIN N-005.00 )
UPSET OAKS 1
PARTPER$. LTD.
A[
EXISTING PAD SITE
TAI 0+00
STA 0+27
PI
AI 0+47
PI
N4K Naµ SU
0+00
dTi Ifltflm MC 0111101111
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•MLLKIW =ACT I. AM,*AW
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►AObNMrW M MI. WM, 1/IL/PI
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'TEXAS 0 CALL SYSTEI
VARN6LI WIDTH
TEMPORARY
WORKSPACE
C Z0AtNT
STA I 1+42
PI
i'+710
10'
Son* ftms.
1+00
/ #
\
•
•
•
•
•
•
•
•
( TX -TAR - 9 005 ' L \
31J(JSET OAKS II
PARTNERS. LTD.
MST. No. D207246064
D.P.R.T.C.T.
2+00
r
t TX-`WfJORE•00 �—•
K16( FAIRLY TRUST
N
sO
\
WELL HEADS
•
1
•1
TisTitoT
---
STA 4+54
PI
STA! 3+76I P
STA I 2+61 1
PI
STA I 3+23
PI
•
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.r• 20• HIDE POIIMNENT
• PIPELINE [ASSAM
COUNTY,
• 1�
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CITY Of my MOM
Vet. 774S. PC. 616
3+00 4+00
11TOP Of PROPOSED
PIPELINE
IFC
(IC.SUED FOR CONSTRUCTION)
676.
6
TO ORARY
ACC[S± ROWE
VARUSLE WIDTH
IDAPORANCY
ACCCS' [l604NT
vARLIOLt WIDTH
TEMPORARY
WORKSPACE
(Ar<MtNT
STA' 5+17
PI
4
1+00
SUMMARY OF MATERIALS
DESCRIPTION
124'
•
PS
SUNSET OAKS N
PARTNERS. LTD.
SUNSET OAKS II
PARTNERS. LTD.
INST. No. 0207265164
STA S+56
Pt
PROPOSED 10' NATURAL
CAS PIPEUNE
STA 6+56
TOM
KIRK FAMILY TRUST
win. No. 020616X103
6+00
REFERENCE DRAWINGS
SIX SMELT 6
•
•
VARIABLE W1DD1
TDAPOOLARY
WORIOSPACE
EASOCENT
VAMADLE
TDAPORARY
WORKSPACE
•
STA' 8+03
PI
STA 7+69
PI
COIN 10" SANITARY SEWER UNE
"Pe WO
co
NA
7+00
•
8+00
(APPROX. 1
04
REVISION
TEXAS
'NV SW
If oto oak
•
•
\ ‘ \
•
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•
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DESCRIPTION
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9+00
Lsti /4451 ,kt
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CY
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•
124'
nuppT WORTH
oo
10+00
560
550
540
530
520
510
•
•
•
•
\\ \ •
•
STA. 0+00 to STA. 10+00
RUTHERFORD PAD LATERAL
10" PROPOSED NATURAL GAS PIPELINE
TY OF FORT TARRANT COUNTY. Mat
SHEET 3 OF 7
COUNTY
& STATE
ALIGNMEUT
J
W Q
0. h. a
0
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/ // /. //
/ / / / /
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TARRANT
8
6
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20' DRANACE EMIT
VOL.100-175, PG. 59
P 11.T.C.T.
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GENERAL INFORMATION
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TEXAS ONE CALL SYS El I
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IFC
IICSUED FOR CON3TRUCT10141
DAT'
APR. 5, 2012
11+00
CRADE-
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167'
1
COUNTY,
4
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VOL 0221, PC. 1051
• D.R T,CJ I -
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5' SANITARY 6EwtR EMIT
VOL.7745. PO. G15
P.R.7.C.T.
tea\
(' 1X-TARR-RUTH-002.00
PRICE HAVENWOOD, L.L.C.
NST. Ne. D210073571
O.P,R,T,C.T.
• 1. fir,
...'I
M14
PROPOSED 10* NATURAL
CAS PIPCUNC
vAPIAOLC WIDTH
PERMANENT PIPELINE
EA:.omrr
11.
W
G
0
47'
4
r1?S
12+00 13+00 C Cp.
v - 76R4- 4+00
PPROX. T �
,'I� jzR
1'
CF. ORADC ALONG N10X
Pf.OJCCTION OF HDD - ▪ rAPPROX.I CXIY\
SUMMARY OF MATERIALS
1 10.750' 0.D. if 0.36.5 W.T. API 5L-X52, 12-14 WLS Frit
2 10.750- 0.0. x 0-3GS w.T. API 5L-)f52, 12-14 I.C)S FDC, 1G-16 1.0LS ARO
I No.
DCSCRP11G4
"OPO^.CTT
UtL Cru
w W 4
k-'t.14r.40
UNDERGROUND
'P !LCCTRIC UNE
4 .0.P.•572.9
26' D4QtCCHCY ACCC3,
umIUTr th DRAINACC E�tT
VOL 366-175. PC. 59
P.R.T.C.T.
5'
10' WIOC PERMANENT
PIPELINE CA5EMCNT
T47U 1M_`
(TX-TARR-RUTH-003.00RD)
13RIDCET'OOD DRIVE
TX-TARR-RUTH-004.00
TRUE AND MARJORIE
KIRK FAMILY TRUST
INST. No. D200162105
0.P.R.T.C.T,
2C6'
15+00
STAJO tt1l
CITY of ORT wo11T14
7.12.!—WATER-Ulr
P • 72.8 G• ATM).. GAS LNC
T.O.P.•573.0
STA 14+4R
'-FIOER OPTIC LAC
5
66
M
k1-
Nli�u G 1='
144'
REFERENCE DRAWINGS
47' DCIAJL 2
653'
SCE SHEET 6
OTY OtTC. NO. Da:CPIPTION
TEXAS
u
P.O.E. C.NT
VOL 305-170, P6,70
P.R.T,C.T. O
TX-TARR-RUTM-003.005ZD
DRIDCCw0o0 DRIVE
COFW 12* WATER UNC
TX—TARR—RV TH-003.01UT
C• AT400 OAS UNt
INSTALLATION ►t(TMf7,NDD
STA 14+
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WOOONAV[N IIOCN00RH000, \\� �\
•�ASSOCIATION. SDGATION, INC. \ \\ �1,
VOL CASC103733,,PC.I62o
4
C
16+00
r
war
GRADE
1,o,P..O{2.3
200' TO PC
17+00
300
fo.1TOO OC1
n-1T.w
I gyp•
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11•
REVISION
AD96 1 r Wt
rr �011AP
OPTION
570
300
550
340
530
520
S1S
STA 14+34
PI
11
VARIABLE MD
TCLPGRARY
VIORK.PACC
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HDD CY,IT
I' FROM P11
STA 14+34 1
Chesapeake
\e
STA. 10+00 io STA. 17+00
RUTHERFORD PAD LATERAL
10" PROPOSED NATURAL GAS PIPELINE
OF FORTI.,Y11 •1'.1RT. RRANT COUNTY. TE�//��{��e
M
DLw TwR
� As, SriTN IIAf211 L• -•r••T
ROC TVA' SA1 -1'" SHEET 4 OF 7
1�6
DV CHkD. ty"" DWG. FILE. TX-PARR-RUTH-ALIGN2 IREV. 1
I0
VI
ALIGNMENT
0
O:
0.
COUNTY
&STATE
n
PRESSURE f P.S.I.G.1
/
/
g
TARRANT
�► i I i I'I C1TY 01 PORT NR1NO
10' V774 9PC. CWT.
VOL.. 7745. PG, ns
DR.T.C.T.
0
r
"
APARTMENT 6UILONO
COUNTY,
W !
14-
� Ys>
aLIM
`siii
»x 3
o:4;,-Ss::Cr
47 • • a $aa a s
1 TX-TARR-RUTMitRl '00,
PRICE HAVENWOOD. L.L.C.
INST. No. 0210073571
0.►.RT.C.T.
LOT 1-R. BLOCK 4
WOODHAVEN EAST ADDITION
VOL 366-178. P0. 76
P.RT.C.T.
CT' 0► PORT WORTH fi _.
10' x 1o' L£MT-"'- -L:;
VOL SOW. PC.1n- 6
O.RT.C.T.
- 15'
.I STA 17+33 unuT�r a oRN CIE LS1AT 1 1
PC_ _ VOL 386-175, P0.50 I I
` e P.R.T_C.T_ _ _ •- - _ X. (- -,
/- t7 x 10' WATDI ESMT
, 170. P0.70 1
�- -1
201 ORAINAOE E9R
VOL. 3611-175. P0.39
I •Rur��lt�z
R-i000.o0'
L.304.94'
01-094.25'OE
a05.74 •
GENERAL INFORMATION
40
40
c IN i[ET
7D
T. SCALE N FEET
e0
40
17+00
600
500
/A 17.711
2 WArCi:ERVKC-
580 7.0 .-557,•
570
580
MOTO MT= MI Won
A/wxR.MTC Nu.TOI. A1701ATm r�
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C[rATe. 4r ALL OA/tr IRIFY Yea NAI
-
VI WM Mao T.O.I.TIK .1 R/
CALL TOM 4.t GA4L .I MO AT
I.40.-N1-41.I16M ALL .TNM vo.tiv
40►As AT mast a O.IRIH N1. 144
/04181 .W.111. C.r.T.LTxM
18+00
/ i ADE
IFC
(ISSUED FCR CCN3TRUCTION)
la(AS OCALL SY I
DnTr. APR. 5, 2012
APARTMENT autD110
1 1
r
-10,•00
-10' WIOC PCRLANDIT
PIPELINE-EIZEME T
/1ATA1! Y
TX-TART-RUTN-002.O:UT
COrw 6' SANITARY SEwCR UNE
TX-TARR-RUTI4-002. 03UT
COrw 54- 5101t1d DRAB! LNE
INSTALLATION MCTHODI MOO
19+00
_ ':TA IR.S4.
CITY OF FORT V:LATII
7.0 LSIORM CM"LLIT
11.541.E
rw1 IU•UI
Jf OF FORT WORTH
0' SANITARY SEXIER LNd
''-x54^ •
1:?
'
I TX- L�I�.4i1.001
CEVEL0PIENT COMPANY, L.L.C.
20+00
res ALLA Now
%T O.►.430.0
u-
SUMMARY OF MATERIALS
1 10.730' 0.0. v OJ8S W.T. API 51.-102. 12-14 19LS FIE
2 10.750' 0.0. x 0.365 W.T. API 51.-102. 12-14 11113 rot. 16-19 1/LS ARO
N0.
COMMON
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WOODMAVEN EAST ADDITION
VOL 318-1110. PC. 16
II
STA 20+40
PT
L
ezil
,11
11
10' X ID' WATER [SLIT
'.OL 368-175. P0.70
PR•T.C.T.
745'
21+00
ELL
I/�
UNDERCI ELLLI R �" -•
T n s 1,4
9TA 21+3i
CITY OF,IvN1 wacTR
e4-T t0.P.-5WATER73LNC.4
L. r -
!N3Z RATER VALVE 2I• 1
�_ - P•R.T.C•T.
1
I (ACTUAL LOCATION DEIRNDOOIT
1 UPON UTRIYY LOCATION)',
ts0-1•••`-TEXAS UNU1XS ELECTRIC
I COMPANY MOT
1 VOL 9��PC. 2386
TX-1117,-104111k.01
VALVE SITE DRUM'
X
i
PROPOSED 10' NATURAL
OAS PIPELINE
• 21'
DETAIL 4
TX-TARR-PU11-001.01UT
COI/ 6' SANITARY r. NCR UNE
TX-TARR-RUTH-00201UT
corw r WATER UNC
OCT ALLATI MTTHoo. HDD
22+00
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( TX- ru OO )
DEVELOPMENT COMPANY, L.L.C.
MT. No• 0211020061
0.P.RT.C.T.
172'
TA 25+78
6965069.1055
.2363629.4297
T.32.46'08'
•
•
•
1_•..r•...... ' 1 r •-}L1 .- .1
.•� --• r .-• -. -
...Ir STA 24+45 1
PI
CURVE OROL
T0400� -
R-1000'
1-209'.-
REFERENCE DRAWINGS
OCTAL 3
■li SHUT ■
745' OCTAL 4 SEE SHEET 7
CITY D. NO. DCSCRPTION
WIDE MIAOW
PIPELINE GLUM
23+00
^TA 21.00
i,K.1.1IUH vow U.
7 n �,-•,p�.n
301
ec�
104 LNG
BOCA RATON BOULEVARD
24+00 1c, ►��1
"pp --
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N
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REVISION
m
T33'
FDD ENTRY
8' FROM PI
STA 24+45
25+00
6' UIN� cle•
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�1
NDO .IMT/I
w ..•... •
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BMW
RMSED AU modA� AP►ROVAL� MOOROC
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VC1. 306-100, PO. 16
PR.T.C.T.
26+00
1RSL 11DID
101.
VOL 368-100. PO. 16
P.RT.C.j
600
590
580
570
560
550
540
530
525
1:
STA. 17+00 to STA. 25+78
RUTHERFORD PAD LATERAL
10" PROPOSED NATURAL GAS PIPELINE
CITY OF FORT WOR TARRANT COUNTY. TEXAS
.221
*9211.
SHEET 5 OF 7
!OCT 1553
OAKS
ARTNERS. LTD.
Ne. 020726511414
DJRLGT.
ArritaL..1
TX-TAM-NUTN-004.OIUT
COM 0' SANITARY SEWER UPC
NBTALLATION A[TH0D1 NOD
SCALE, I' - 40'
SCALE N PUT
If /
,� / 1 L ( TX-TARR-RUTH-002.00 1 -
L,- - PRIC�+AVENaobb� �.-c -
/ INST. Ns. 0210073571
( / A
.� . 7 -b - NA.*. !I
rt
CIN OF FORT woRTN
12" WATCRUNC
-6
j/// /
J 1 / 1
570 ,
sec
550 '.
540
530
PLAN
520
51C
300
9+00
GENERAL INFORMATION
1. PLEAS[ REFER TO BAR SCALE.
2. THIS 910ET IS INTENDED 70 SE PRINTED OUT 22" % 34'.
YS
00
( TX-TARR-RUTH-003.00
BPJDCEIYOOD DRIVE r
PROP[RTl/R.O.W.UNE
1
MIOPO6[D 10' NATURAL.
OAS PPELNE
STA P+05
LAT,32.44'm.66'
LONG.-17.13'00.55•
N,696634S.0734
1236{693.1647
NO RECORDED
CASIDIENT FOUND
FOR HEADWALL.
CITY Of FORT WORTH
SN1TAIFY 5[WDt MIT.
VOL. 7745. PO. 615
D.11.T.C.T.
47.
el
O
6
Walla WIDTH
PERMANENT
PIPELINE GSDIDft
I TX -Tara arPO
tE
)
KIRK FAMILY TRUST
INST. No. 0200162105
0.PR.T.C.T.
,.i r . 10 NATURAL
t1.
10+00
PROFILE
MOO LOOM AM COO M
MANYIATC LeuT,An SOCRATCO FRY
POCVWO OOPS Ai AMYLT. Ca TNACTOO
MILL **'Y OIACT LWCA1W1 NO
RZVATON e/ ALL O,OTM IIR1T0 Al
ARCH of Wok P OO I CODINNCTW NO
CALL TOM SIC CUL CTAtO AT
1.11OD-f+M4MA NO ILL ONO VTLNY
OI PA16t AT UAW A YIOMOO MTN /M
MOM I MR TO OO-1,KTON.
, 570
560
-1 550
540
530
1 520
510
500
11+00
IFC
(ISSUED FOR CONSTRUCTION)
-2� DATV' APR. 5, 2012
XAS ONE CALL SY II
SOZIrifir
X N YCr 1$�$
1• t VARIABLE WIDTH.
PIPELINE
ARR-RUN-004.
TRUE AND MAR IE
KRK FAMILY
96T. No. 0200102105
0.P.RT.GT.
i
r
•r'� err ',•
60c
590
DRTAIL r
TX-TAPII-PVTII-003.00RD
SRtAGCW000 DRIVE
COFW 17.• WATER LNE
TX-TAM-RUTH-003.0IUT
6• AMR OAS LNC
INSTALLATION 11ETN0D, 100
SCALE, I• - 40'
/
/
BOgf R170N BOUZZI:IRD
14+00
•
GRAPHIC SCALE N FEET
5'/ / /
/ /
/
/ ST tOWI / C
LAT, 32'44'06.95'
LOND, -97' 13'02.92'
11,6964967.3440
[,2362494.6532
ITA 14.07
LAT. 3:•4C'OC.05'
LNG -57'U'O3.O0'
N• G0C4970.5271
C123C2C51.25C3
c
O.
PLAN
4
I.61TU &1, 1V 141•11NN1.L
CAS 1rCU1R
15+00
PROFILE
ail
Chseikep
MIDSTREAM
26'
11
ID
INo.
STA IS+211
LAT, 32•44'00.69•
LONO,-97'13'02.60'
N,49441061.10644
E,2362722.0970
( TX-TARR-RUTH-002.00
PRICE HAVENWOOD. L.L.C.
INST. No. D210073571
0.P.R.T.C.T.
24r EYDtCETICY ACCESS.
UTILITY 4, DRAINAGE MAR
/ 3 0-175, PC. 59
15• ELECTRIC DISTITOL ION
EASEMENT AND RIGHT-OF-WAY
VOL 6221. PC. 59
P.R.T.C.T.
PROPOSED 10' NATURAL
OAS PIPELINE
0' WDC ►DOIANDR
PIPQOIC (AMOR
590
580
570
560
550
540
I530
16+00
�17+t ammo
J
TX-TARR-RUTI4-002.02UT
COFw 6• SANITARY SEWER LINE
TX-TMR-*1714-009.03U7
COFW 64• STORY DRAIN UPC
NSTALLATRIN I[1110O, 100
SCALE, 1' - 40'
( TX-TARR-RUTH-002.00 )
PRICE HAVENW00D. L.L.C.
POT. No. 0210073571
0.P.R.T.C.T.
I
1
20' CLQICINCY ACCt .
uII MIR
VOL 3811
-170, P. 50
BOLA RI TON BOULEVARD
REVISION
DC0fR1PT1011
580
570
560
550
54(
53!
520
510
r
18+00
BMW
RDC
BY
4..
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t
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PLAN
L
40
0 APHC SCALE W FELT
CITY or FORT
5' SANITARY SEWER [SAT
VOL 7745. PC. 0 5 }
D.RT.C.T.
c
-11NM7SLU to NA5I
0A5_PIPLLNE_
19+00
PROFILE
2
LTA 10.0I
LAT. 32'4C'OC.20'
LONG.-07'12'50 45'
N.G9G405G.7344
G23.30TT.ro o
•
if
3
1
580
570
560
550
540
530
520
510
20+00
CROSSING DETAILS 1-3
RUTHERFORD PAD LATERAL
PROPOSED 10" NATURAL GAS PIPELINE
CITY OF FORT WORTH. TARRANT COUNTY. TEXAS
I" -or -AM• At Iu •..•..
OA
'
MOP
DWG. FILE. TX-TARR-RUTH-DET1 IREV.1
SHEET B OF 7
GENERAL INFORMATION
1. PLLAZ REFER TO DAR 6'CALL
2. THIS ,11CCT r INTENDED TO DC PRINTED OUT 22' X 34'.
COMO VTNTIDI MSC swat W
APP000110/11 LOUTINO 00404ATCD ACM
TTCVI]U1 W►0 MO RPNCT. C0011YCT00
POLL Meg 04CT LOCATIOI MD
RYVAT T* W All OST1O UTLITEI W
Mrr d W SC MN TO COHT1ICTb/ Ale
CAL TWA TK CALL, reinw Al
F.000-041-4100 NO ALL OT10 LRAM
CONMIIO A7 LLAT 1 wilco Mti 440
MAO 1 POOR T1 CO.OTRCTIO.1
IFC
(ISSUED FOR CONSTRUCTION)
545 DATE- APR. 5, 2012
TEXAS ONE CALL SYSTEI
LL
I TX-TARR-RUTH-002.00) ```; 7 Lt
7f
PRICE HAVENWOOD, L.L.C. 0,144
INST. ND. D210073371 PS 440"
o.P.STt�C.T.
ABA SO
3
P.O.S. CS}1T
VC(.. 385-178. PC.
P.R.T.C.T.
10'X10'111ATERC2YT
VOL 388-178, P0.70
P.R T C.T.
LTA 21,1.37
LAT. 32'44'OC.20'
LONO -97'.37•
N.MMi4107.3708
C.2383.123.0421
TX -TAM -RUT N-00I.011T
COfM 0' SAMTARY SEWER LNC
TX-TARR-RUTH-002.04IT
COM 0' WATERL.PC
WALLA IdTNOD 1 I O0
SCALE. 1' • 40'
Boa RAn
BpULk'y
GRAPIIC SCALE N FELT
( TX-TARR-RUTH-001.D0 I
CHESAPEAKE LANDI
DEVELOPMENT COMPANY,, L.L.C.
P13T. Na D2.110200814
0.P..T.C.T.
10' Y1DC PCRUANLNT
PIPCUNC CA5C12NT
(ACTUAL LOCATION OCPCNDCNT
UPON UTIUTY LOCATION)':
jam-- TEXAS UTR.ITEs 0.CCTRIC
CO4PANY MAT
VOL. 9704, PO. 2303
p01 O.R.T.C.T.
(
PLAN
--
4o
rra
�4.0
amt3st 5e5
M NN OPN W N� I,.
F. —. ammo ^ r
r
.
r r -me •
r 6666.
1.66.0
•- -+•
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PROPO'tD 10' NATURAL VOL -190, PC. 1e
GAD PIPCUNC P.R.T.C.T.
:TA 21+112
LAT 32'44'04.32'
LONG. -or L"'65.05'
11.4544112 0510
C.2343367.7705
b
•
♦
580
570
580
550
540
530
coma
PROPLRTY/R.O.W. UNC
j 590
580
41'
4t'
52C -
20+50
21+00
OAS P1POLINC
22+00
PROFILE
Chesapeake
23+00
570
58D
550
540
530
1520
23+50
1 1=/1 REVISED HDD
0 11/1I/( ISSUED FOR APPROVAL
N0. DATE
REVISION
DESCRIPTION
Duw
RDC
pY
PPW. LNG.
rueu .DHO
CROSSING DETAIL 4
RUTHERFORD PAD LATERAL
PROPOSED 10" NATURAL GAS PIPELINE
CITY OF FORT WORTH, TARP.ANT COUNTY, TEXAS
�� gIIf
1.2/4231ro"r '" SHEET7OF7
DWG. FILE. TX-TARR-RUTH-OET2 IREV.1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION; Approved on 5/8/2012
DATE: Tuesday, May 08, 2012
LOG NAME: 062040 RUTHERFORD ROW PIPELINE
SUBJECT:
REFERENCE NO.: C-25605
Authorize Execution of a Public Right -of -Way Use Agreement Granting Texas Midstream Gas Services,
L.L.C., a License to Construct and Operate a Ten Inch Natural Gas Gathering Pipeline Across Bridgewood
Drive, North of Boca Raton Boulevard (COUNCIL DISTRICT 4)
RECOMMENDATION.
It is recommended that the City Council authorize the City Manager to execute a public right-of-way use
Agreement with Texas Midstream Gas Services, L.L.C. granting a license to construct and operate a ten
inch natural gas gathering pipeline across Bridgewood Drive north of Boca Raton Boulevard, for a one
time license fee in the amount of $4,065.60.
DISCUSSION:
Texas Midstream Gas Services, L.L.C., is constructing a ten inch pipeline to connect natural gas wells in
Fort Worth. With the exception of the Bridgewood Drive crossing, the pipeline will be located in private
easements. The approximate location of the crossing is shown on the attached map.
The Transportation and Public Works Department has reviewed the proposed crossing and has no
objections The pipeline application went before Gas Drilling Review Committee (GDRC) on August 25,
2011. Property owner Price Havenwood, LLC, was notified of the GDRC meeting. No citizens appeared
to speak on the proposed route.
The public right-of-way use Agreement will give Texas Midstream Gas Services, L.L.C., a license to use
84 feet of that specific public right-of-way for the limited purpose of operating a natural gas pipeline for a
period of 25 years Texas Midstream Gas Services, L.L.C., will pay the City a one time license fee in the
amount of $4,065.60, in return for this privilege. The company will be required to provide bonds and
insurance in accordance with the City's current standard policies Because Texas Midstream Gas
Services, L.L.C., is not a public utility, as that term is defined in Chapter 28 of the City Code, a franchise
governing its operations is not required by the City Charter.
The crossing is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development Department is
responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers
GG01 421502 0062040
$4.065.60
FROM Fund/Account/Centers
Lo name: 062040 RUTHERFORD ROW PIPELINE Page 1 of 2
CERTIFICATIONS:
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Randle Harwood (6101)
Rick Trice (7959)
ATTACHMENTS
1. account verification.doc (CFW Internal)
2. Rutherford Proposed Pipeline Route.pdf (Public)
I.ngname: 062040 RI JTHERFORD ROW PIPELINE Page 2 of 2