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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. GP011-00024 — Rutherford Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement Page 1 of 17 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 TX-TARR-RUTH 003.00RD GP 11-00024 — Rutherford Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement Page 2 of 17 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. TX-TARR-RUTH 003.00RD GP 11-00024 — Rutherford Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement Page 3 of 17 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. TX-TARR-RUTH 003.00RD GP11-00024 — Rutherford Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement Page 4 of 17 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 TX-TARR-RUTH 003.00RD GP 11-00024 — Rutherford Texas Midstream Gas Services, L L C Right -of -Way Use Agreement Page 5 of 17 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 TX-TARR-RUTH 003.00RD GP11-00024 — Rutherford Texas Midstream Gas Services, L L C Right -of -Way Use Agreement Page 6of17 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 TX-TARR-RUTH 003.00RD GP 11-00024 — Rutherford Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement Page 7 of 17 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. TX-TARR-RUTH 003.00RD GP 11-00024 — Rutherford Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement Page 8 of 17 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 TX-TARR-RUTH 003.00RD GP 11-00024 — Rutherford Texas Midstream Gas Services, L L C Right -of -Way Use Agreement Page 9 of 17 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 TX-TARR-RUTH 003.00RD GP 11-00024 — Rutherford Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement Page 10 of 17 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. TX-TARR-RUTH 003.00RD GP 11-00024 — Rutherford Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement Page 11 of 17 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 TX-TARR-RUTH 003.00RD GP 11-00024 — Rutherford Texas Midstream Gas Services, L.L.C. Right -of -Way Use Agreement Page 12 of 17 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 �fA15t COUNTY & STATE 11• =o z 3 NI b 0 z zw Fin griv VALVE 3.7E [ASDIEM • OfISTMo TO(AS ISOSTWE W OAS SOMME MACS) 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 ATIM111MR: L•4011:416 ElgATm Er I1400141N WAS MY ■/KT. COOMACTM •MLLKIW =ACT I. AM,*AW /IMATOI OP Ali O•T111UYIR4 ■ AEA r WOW AIA to CO07,001O1 OD CAL 1MM 11[ CUL NlTIN AT ►AObNMrW M MI. WM, 1/IL/PI tlrAlA AT I&AB 11I�I/ rA NAN OM i MOO FaCs•i IC11111 '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 • +1 + /!r .r• 20• HIDE POIIMNENT • PIPELINE [ASSAM COUNTY, • 1� h 0 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 • • \ ‘ \ • \ • 2 \ • 8 • COMM PLUM,' PROJECTION OF POD ADDED VALVE yirrAtyaivt>S-IRALT 14,1:10C DESCRIPTION WV TAM .IPR PLO 9+00 Lsti /4451 ,kt Of IN! g! CY Awes \ \ \ • • 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 y Til j PRESSURE (P.SJ.GI / // /. // / / / / / / / / / / / • / / / / / TARRANT 8 6 rN Nee- 15 - 153 rN85'(' 1 1X- RBI',+-004.00 1kU.6 MDzartc KIRK FAULT TRUST 20' DRANACE EMIT VOL.100-175, PG. 59 P 11.T.C.T. ______-___-_ r 0 _../ -5 1 �_~- - - --� _ L--`f _ �� — 1 L. — ��. �\\.� -\ \\�r1=�MMMiMb1`q. t`\� \\� ,‘\ \\\ \\ \ \\\,\ \�,\ \ GENERAL INFORMATION i a e 40 .Y • ■ tff\ MLT 70 12 \" -TRACT 1- ```�_ \\ \ 31.1/T.OAK I `\ "\ MINERS, 'LTD. \\ . NVIN$T.o.201T4\` \ `• 5 ,•,, . •.. ..-. .—- ._ ---� i t_TT. MAIM MA •o.. M AMOOY4TC l4CATOWII LOQATR' Moe MOM* A NAPA NO SLOW.. CD11T11KTM oulLL. vcWY OIACT LOCATION A/b 0ZVATOO 0' ALL DOATT4O UTUI*O al MLA or •OOI ANON TO TI11CT W AIO CALL TIYAM Car CALL OTOT711 AT 1.4100-0441-41.0. NO ALL e1101 WILT' CLOPAAn AT MALT P .awir DATA NO Mal MDR TO CO.TRiTOI _1-a0-45-545 TEXAS ONE CALL SYS El I Q u 4 520 TO PT me. IFC IICSUED FOR CON3TRUCT10141 DAT' APR. 5, 2012 11+00 CRADE- 01.1200100. A1.11VI T 167' 1 COUNTY, 4 /I/ / 1 - -Pt" / 1I 15' ELECTRIC 014T'R1UTLON- - -- I - - - TAUD6E17T AJ0 RIC$1-0E-WAY VOL 0221, PC. 1051 • D.R T,CJ I - x / ---1. -14 11 I fX-Ttn :2001m 1Q ` PR10E N UW. L.L.C. I w Q J w ,, c• IZA ▪ -1 W at N 3� —K�J Ot S N;t..,,;1:1.45,1:.,...-M � J-Q+C 11L\WW of W ::"111;WJp ,.4; :1�: r:": V 5 5 8 O Y�/�tQ W`LL D- N 66 t5,6 , Sbts y1....WQO d `� Q t !}j(v i....10[� �`(( .Ot i� Off``Q .o im M3 •V 1` wwa N1wo. - W �1 .1., M ✓t �M.l•r IZTr Ir1O <?5NNN OONN .1 1K'WV FO'N 4' 1 44T1.1. T1.1 R,n 11 , Y1 1, / A►ARTNCNf DUILDINC CRY OF FORT W011T1 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+ PV1)D ENTRY24 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• STA 16.l9 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 u.o.1Q4t 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� .1R11INO III.. A1C AUIKT. ONTRACIY ..AL %MY TACT moor MD 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 J - A .''i C f N y- FS 1y8e71 i wQY� 0" W t � �I ig�^Jag?Y•--13 a a� N NNWW* `I f�y NllII111 !~I plfi 1 LOT 2. BLOCK 4 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 T ,t 1��U1\) WWIIN 4EThR L:CWEB_UN( .ter- r:�.-r ----'-'- • r ^� • •MP�.NE•iA9 TEXAS to r � � - :_.:_ tow••••• . IMIDT1•- - 11 .-' • -Antm•ost•rr-- I I (- 'Ea 4- �. - i ' IEMPDRARY •-• r .� j 2 i •Y •••'1i0R10►ACL r .- .-• r - Ir ,- •.. �- ( 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 -- I N tf.IS 1- REVISION m T33' FDD ENTRY 8' FROM PI STA 24+45 25+00 6' UIN� cle• E]AY �1 NDO .IMT/I w ..•... • RANT BMW RMSED AU modA� AP►ROVAL� MOOROC OCSCRI►TON 9Y TWt TVW arxD L0' vnurr MOT 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.. ;;\ t ti ,- tf, 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 •- -+• S UTRJTY COOT 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