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HomeMy WebLinkAbout065782 - Construction-Related - Contract - Atmos Energy CorporationDocusign Envelope ID: A9464C52-783D-8FC4-8007-776DB31 E9103 C 1i1 F oem.0 � CONSTRUCTION REIMBURSEMENT AGREEMENT CITY OF FORT WORTH, TEXAS - CPN 103299 WJ Boaz Roadway Project THIS AGREEMENT is made and entered into by and between the CITY OF FORT WORTH, a Texas home -rule municipal corporation ("City"), by and through its duly authorized assistant city manager, and Atmos Energy Corporation, authorized to do business in Texas ("Company"). WITNESSETH: WHEREAS, Company owns and operates a PIPELINE (the "Facility") in Tarrant County, Texas; and WHEREAS, City is widening WJ Boaz Rd. near Boat Club Road ("Project") as depicted on Attachment "A" and City has requested that Company reroute, adjust and/or take protective action on a portion of the Facility (the "Relocation"); and WHEREAS, Company has agreed to provide the Relocation services subject to payment for relocation costs as detailed herein as generally depicted on Attachment "B" attached hereto and made a part hereof; and WHEREAS, City has agreed to reimburse Company for the costs and expenses for the Construction of the Relocation, estimated at $1,022,486.25 as shown on Attachment "B"; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Company as follows: RECITALS: The recitals, above, are incorporated into this Agreement insofar as they contain material elements germane to the Parties. REIMBURSEMENT BY CITY: A. City agrees to pre -pay Company $1,022,486.25, the estimated cost for the Relocation, based on Attachment B; and if the actual costs exceed the estimated cost for the Relocation, City agrees to pay such difference to Company. B. The obligation of the City to make a cost reimbursement payment under this Agreement does not constitute a general obligation or indebtedness of City for which the City is obligated to levy, pledge or collect any form of taxation. INGRESS AND EGRESS: City hereby grants to Company the right of ingress and egress across all lands owned, leased or controlled by City as may be reasonable and/or necessary for Company to perform the Relocation. OFFICIAL RECORD I i.j7Itl�T:�T1 Reimbursement Agreement FT. WORTH, TX City of Fort Worth & Atmos Energy Corporation CPN 103299 WJ Boaz Roadway Project Page 1 of 6 Docusign Envelope ID: A9464C52-783D-8FC4-8007-776DB31 E9103 AUDIT: City shall have the right, upon reasonable notice and during normal business hours, to audit and obtain copies of the books, records, and accounts of Company relating to the Relocation for up to two years after the date Company completes the Relocation. NO THIRD PARTY: This Agreement is solely for the benefit of the City and Company, and neither the City nor Company intends by any provision of this Agreement to create any rights in any third -party beneficiaries or to confer any benefit or enforceable rights, under this Agreement or otherwise, upon anyone other than the City and Company. VENUE AND JURISDICTION: This Agreement shall be governed by the laws of the State of Texas. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement shall be in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. ENTIRETY OF AGREEMENT: This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof, and no alterations of the terms and conditions of this Agreement shall be valid unless in writing and signed by both of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. SIGNATURE PAGE TO FOLLOW Reimbursement Agreement City of Fort Worth & Atmos Energy Corporation CPN 103299 WJ Boaz Roadway Project Page 2 of 6 Docusign Envelope ID: A9464C52-783D-8FC4-8007-776DB31 E9103 IN WITNESS WHEREOF, this Agreement shall become effective as of the date it becomes fully executed by the parties. CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: 07/14/2026 Recommended by: Lauren Prieur (Jul 9, 2026 08:15:44 CDT) Lauren Prieur Director, Transportation & Public Works Department Approved as to Form and Legality: Douglas Black (Jul 14, 2026 15:53:03 CDT) Douglas W. Black Assistant City Attorney 000anRR o°f�RTpa�P G Attest: °ovo o=a ad4b nEXA?o�p Jannette Goodall City Secretary Reimbursement Agreement City of Fort Worth & Atmos Energy Corporation CPN 103299 WJ Boaz Roadway Project Page 3 of 6 Atmos Energy Corporation DocuSigned by: Name: Jeff Martinez Title: President August 17, 2026 1 12:30 PM PDT Date: DS Initial DS �D�SI Lam/ V Initial M&C: 26-0497 Date: 6/9/2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Atmos Energy- CPN 103299 WJ Boaz Roadway Project PLease see below for a summary of costs to relocate Atmos Energy's 16 -inch Steel Pipeline across WJ Boaz near Boat Club Rd. to accommodate CPN 103299. Material = $112,013.19 Company Labor - $10,451.42 Contractor Labor = $675,876.19 Overheads = $224,145.45 Total Reimbursement = $1,022,486.25 Docusign Envelope ID: A9464C52-783D-8FC4-8007-776DB31 E9103 ATTACHMENT A _ I g ' 6 I• _ I -I k:i_ l III II' r�'` 1it III 91 I�- 1 I rug Reimbursement Agreement City of Fort Worth & Atmos Energy Corporation CPN 103299 WJ Boaz Roadway Project Page 4 of 6 I, LID -€ x LTJ1PRELIMINARY Docusign Envelope ID: A9464C52-783D-8FC4-8007-776DB31 E9103 1F -a THE CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS ORTWORT Plans for the Construction of PAVING, DRAINAGE, STREET LIGHTS, WA TER & SEWER IMPROVEMENTS To Serve WJ BOAZ ROAD FROM BOAT CLUB ROAD (F.M. 1220) TO ELK/MS SCHOOL ROAD MATTIE PARKER VlyllR LAUREN PIttEUR, PR, DIRKC1ASR1P.kNSSORJA FINN 1.00 ItTL WORKS fEk.4RM(':NT C:HRISTCfPITFE MAILER PF. tilRrrlrxi wnnsx nuel:rlryx FILE NO. K•3215 WATER PROJECT NT. PERK- - SEWER PROJECT NO PERK- - OITY PROJECT NO, 103290 LOCATON MAP MAPSCO NUMBERS 32T. 32U. 32V & 33S COLLRCIL DISTIUCT:7 TRANSPORTATION & PUBLIC WORKS TRANSPORTATION PROGRAMMING & CAPITAL PROJECTS DIVISION DECEMBER 2023 0150011' 0550100550 FIR �RIYARkC9V Reimbursement Agreement City of Fort Worth & Atmos Energy Corporation CPN 103299 WJ Boaz Roadway Project Page 5 of 6 o W".l, ETA/TOAD 3I WPl1I FA2NI 11LKAT L. LI.11 11) 4T:1. FINN 11,1.. 00AZRO,LD= 1150Plf FROM s rA. ! 1 •/#T0 FLkTSS SI SIXRI! REI'L'RT0511L'TTJ 0005110'011,01)00 50 15 15 51, 05155K 05 5050 «�I> P ll�LM4rwr.Y1YN:YB M1UL waIIT 51 X.?1'AOw Docusign Envelope ID: A9464C52-783D-8FC4-8007-776DB31 E9103 M&C Review Official site of the City of Fort Worth, Te> FORT CITY COUNCIL AGENDA II Create New From This M&C REFERENCE **M&C 26- 20REIMBURSEMENT DATE: 6/9/2026 NO.: 0497 LOG NAME: AGREEMENT_ATMOS_WJ BOAZ RD WEST HALF CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 7) Authorize Execution of a Reimbursement Agreement with Atmos Energy Corporation in an Amount Up to $1,022,486.25 for a Gas Pipeline Relocation to Accommodate the WJ Boaz Road Widening Improvements Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of a reimbursement agreement with Atmos Energy Corporation in an amount up to $1,022,486.25 for a gas pipeline relocation to accommodate the WJ Boaz Road Widening Improvements project (City Project No. 103299) DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a reimbursement agreement with Atmos Energy Corporation for the relocation of a gas pipeline to accommodate the WJ Boaz Road Widening Improvements project (City Project No. 103299) The existing roadway right-of-way for WJ Boaz Road will be widened for the purpose of constructing a four -lane divided thoroughfare. Atmos Energy Corporation has a gas pipeline within an easement that runs perpendicular to said right-of-way. Atmos Energy Corporation needs to relocate the pipeline within the easement. The 16 -inch high-pressure steel pipeline will be lowered 8 feet over 460 feet to clear the bottom of the roadway's stabilized base limits. The City of Fort Worth (City) is responsible for the costs associated with this relocation because the City's project will displace the pipeline within the Atmos easement. Atmos Energy Corporation has agreed to lower the conflicting gas pipeline, and the City will reimburse an amount up to $1,022,486.25. The following table demonstrates the total funding for the project: Fund Name 34027 - 2022 Bond Program 30108 - Transportation Impact Fee Cap 30104 - Developer Contribution 30106 - Intergovernmental Contribution 34033 - Tax Notes Series 2025 Existing I Additional Project Total Funding Funding $2,516,505.00 r $0.00 r $2,516,505.00 $7,331,732.131 $0.00 $7,331,732.13 $300,000.00 $0.00 $300,000.00 $10,700,000.001 $0.00 $10,700,000.00 $30,800,000.001 $0.00 1 30,800,000.00 39008 - Trans Impact Fee Cap I $568,267.87 $0.00 $568,267.87 Legacy Project Total 52 216,505.00 r $0.00 $52 216,505.00 This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25765-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until the debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in apps.cfwnet.org/council_packet/mc_review.asp?ID=34540&councildate=6/9/2026 1/2 Docusign Envelope ID: A9464C52-783D-8FC4-8007-776DB31 E9103 M&C Review accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Funding is budgeted in the 2022 Bond Program Fund for the Transportation and Public Works Department for the purpose of funding the WJ Boaz Rd West Half project, as appropriated. The project is in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the WJ Boaz Rd West Half project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Jesica McEachern (5804) Lauren Prieur (6035) Monty Hall (8662) ATTACHMENTS 103299 Atmos Reimbursement Agreement 3.13.26.pdf (CFW Internal) 103299 Atmos Reimbursement Agreement FID Table.xlsx (CFW Internal) 103299 Atmos Relocation M&C Map 3.20.26.pdf (Public) 103299 PBS.pdf (CFW Internal) 20REIMBURSEMENT AGREEMENT ATMOS WJ BOAZ RD WEST HALF funds avail.docx (CFW Internal) appscfwnet.org/counciI_packet/mc review.asp?ID=34540&councildate=6/9/2026 2/2 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Atmos Energy Corporation Subject of the Agreement: Construction Reimbursement Agreement for a Gas Pipeline Relocation to Accommodate the WJ Boaz Road Widening Improvements Project M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No ❑ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 8 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 0 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 103299 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.