HomeMy WebLinkAbout065782 - Construction-Related - Contract - Atmos Energy CorporationDocusign Envelope ID: A9464C52-783D-8FC4-8007-776DB31 E9103
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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
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Attest:
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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
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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
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Reimbursement Agreement
City of Fort Worth & Atmos Energy Corporation
CPN 103299 WJ Boaz Roadway Project
Page 4 of 6
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LTJ1PRELIMINARY
Docusign Envelope ID: A9464C52-783D-8FC4-8007-776DB31 E9103
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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
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Reimbursement Agreement
City of Fort Worth & Atmos Energy Corporation
CPN 103299 WJ Boaz Roadway Project
Page 5 of 6
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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.