HomeMy WebLinkAboutContract 35262�f�Y ��GREi���" ���c'-�v(�3_� - c�.�-oo g�
CQNTRAGT NO.
STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENT
COUNTY OF TARRANT
GEOTECHNICAL AND ENVIRONMENTAL USE AGREEMENT
This Agreement is entered into by and between the City of Fort Worth, a home-rule
municipal corporation situated in Tarrant County, Texas, hereinafter called "Ciry", acting
herein through Libby Watson, it's duly authorized Assistant City Manager, the United States of
America acting through a duly authorized representative from the U.S. Army Corps of
Engineers ("COE"), and Tarrant Regional Water District ("District"), COE and District
hereinafter collectively referred to as "User", pursuant to the requirements of Chapter 12.5,
Division 4, of the City Code of the City of Fort Worth.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. In this Agreement, the following words and phrases shall be deiined as follows:
1. Environmental Damages shall mean all claims, judgments, damages, losses,
penalties, fines, liabilities (including strict liability), encumbrances, liens costs,
and expenses of investigation and defense of any claim, whether or not such
claim is ultimately defeated, and of any good faith settlement of judgment, of
whatever kind or nature, contingent or otherwise, matured or unmatured,
foreseeable or unforeseeable, including without limitation reasonable attorney's
fees and disbursements and consultant's fees, any of which are incurred as a
result of the existence of a violation of environmental requirements pertaining to
the wells, and including without limitation:
a. Damages for personal injury and death, or injury to property or natural
resources;
b. Fees incurred for the services of attorneys, consultants, contractors,
experts, laboratories and investigation or remediation of the monitoring
wells or any violation of environmental requirements including, but not
limited to, the preparation of any feasibility studies or reports of the
performance of any cleanup, remediation, removal, response,
abatement, containment, closure, restoration or monitoring work
required by any federal, state or local governmental agency or political
subdivision, or otherwise expended in connection with the existence of
such monitoring wells or violations or environmental requirements, and
including without limitation any attor�ey's fees, costs and expenses
,;
_ ��_.,._
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incurred in enforcing this contract or collecting any sums due
hereunder; and
c. Liability to any third person or governmental agency to indemnify such
. person or agency for costs expended in connection with the items
referenced in subparagraph (b) herein.
2. Environmental requirements shall mean all applicable present and future
statutes, regulations, rules, plans, authorizations, concessions, franchises, and
similar items, of all governmental agencies, departments, commissions, boards,
bureaus, or instrumentalities of the United States, states, and political
subdivisions thereof and all applicable judicial, administrative, and regulatory
decrees, judgments, and orders relating to the protection of human health or the
environment, including without limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, emissions, discharges, releases, or threatened
releases of hazardous materials, pollutants, contaminants or hazardous
or toxic substances, materials, or wastes whether solid, liquid, or
gaseous in nature, into the air, surfacewater, groundwater, stormwater,
or land, or relating to the manufaciure, processing, distribution, use,
treatment, storage, disposal, transport, or handling of pollutants,
contaminants, or hazardous or toxic substances, materials, or wastes,
whether solid, liquid, or gaseous in nature; and
b. All requirements pertaining to the protection of the health and safety of
employees or the public.
2.
GRANT OF USE
A. City agrees to permit User to perform subsurface geotechnical soil and environmental
sampling on City parcel(s) and/or right(s)-of-way and to install and maintain monitoring
wells on City parcel(s) and/or right(s)-of-way, on an as needed basis and contingent on
User complying with the requirements of the City Code Section 12.5-145 "Informal
request for subsurface environmental sampling ", Section 12.5-146 "Formal request for
subsurface environmental sampling", Section 12.5-156 "- Informal request for
monitoring wells" and Section 12.5-157 "Formal request for monitoring wells"
(hereinafter collectively the "Code") attached and fully incorporated herein. User shall
also include a legal description of the property for which User is requesting such use
with each request. City shall notify User when all requirements of the Code have been
met by User and User's request has been approved. Upon receipt of such notice, User
may begin performance of subsurface geotechnical soil and environmental sampling,
and/or installation and maintenance of monitoring well(s) on City parcel(s) and/or
right(s)-of-way for the particular property(ies) described in the request.
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B. User shall submit to the City's Traffic Engineer a Traffic Control Plan for written
approval prior to the commencement of any work under this Agreement and shall
provide a copy of such approved Traffic Control Plan to the Environmental Manager.
C. User shall have no property rights to any City property or right-of-way in which a well
is installed and geotechnical soil and environmental sampling is conducted, and access
to the property shall be nonexclusive at the City's discretion.
3.
REGULATION OF CONSTRUCTION
A. User shall conduct geotechnical soil and environmental sampling in accordance with
federal, state and local laws and regulations.
B. The construction of monitoring wells and the performance of any geotechnical soil
analysis shall comply with the scope and details of construction of the well(s) included
in User's Informal Request and Formal Request which shall be incorporated into this
Agreement by reference upon approval by the City.
C. User shall ensure that the person(s) who performs the drilling and installation of any
monitoring well and/or any geotechnical soil analysis in conjunction with the
environmental sampling, or other party with appropriate oversight of the drilling
project, is properly licensed and bonded in accordance with V.T.C.A. Texas Water
Code, Chapter 32, to perform work on City's property or public right-of-way.
Verification of such licensure shall be made available upon demand by the City.
D. User agrees that it shall require any contractor that performs any aspect of the
construction, operation, or maintenance of a monitoring well and/or geotechnical soil
analysis to possess applicable and requisite federal, state, and local licenses to perform
that specific work contracted for, prior to initiation of such work.
E. User agrees to use only that equipment listed in User's Formal and Informal Request,
in the construction, operation, and maintenance of the well and/or geotechnical soil
analysis.
F. User shall maintain and operate monitoring wells that User installs. In the event that
User determines the need to contract the maintenance and operation of a well with a
third party, User shall notify the City of same in writing prior to doing so, and shall
obtain written acceptance by the City of such a contract.
G. User shall install, maintain, and monitor all wells:
1. In accordance with the City of Fort Worth's Standard Speciiication for Street
and Storm Drain Construction, which is hereby incorporated into and made a
part of this Agreement as if fully set forth herein;
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2. So that there is minimal disturbance to traffic and to the peace of the
surrounding neighborhoods;
3. So that no discharges are made to either the City's municipal separate storm
sewer system or to the sanitary sewer systerri; and
4. So that the openings to the monitoring wells are protected at all times with
properly functioning locking caps.
H. When User performs or causes the performance of any work in the right-of-way or
other public property, or so closely adjacent to such places as to create hazards for the
public, User, its employees, or contractor shall provide construction and maintenance
signs and sufficient barricades at work sites to protect the public, equipment, and
worlanen. The application of such traffic control devices shall be consistent with the
standards and provisions of the latest addition to the Texas Manual on Uniform Traffic
Control devices. Appropriate warning lights shall be used at all construction,
maintenance, and monitoring/sampling areas where one or more traffic lanes are being
obstructed during nighttime conditions.
I. User shall require its contractor to contact the City's Department of Engineering and
the City's Traffic Engineer at least forty-eight (48) hours before drilling commences,
and further require its contractor to comply with all requirements of the City's
inspectors. No work under this Agreement shall begin until authorized in writing by
the City's Street Management Division of Transportation and Public Works
Department.
J. User shall ensure that it has received written clearance from all City-franchised utility
companies, and any non-franchised utility companies so affected, prior to the
commencement of drilling, and that the City has been provided with a copy of said
clearances.
4.
INSPECTIONS
The City's Traffic Engineer, and the City's Environmental Manager, or their
designated representatives, are authorized to inspect User's operations at all reasonable times
and to halt User's operations when necessary to protect the environment or the traveling
public. User shall ensure that its contractor complies with all orders to halt operations given
pursuant to this paragraph.
5.
REPORTING REQUIREMENTS AND MITIGATION OF CONTAMINATION
A. User agrees to provide City with appropriate documentation indicating the completion
date of monitoring/sampling, geological conditions, certification of proper completion,
any findings regarding the presence or non-presence of contamination, test results
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generated as a result of said monitoring wells, and any other information submitted to
the Texas Commission on Environmental Quality, upon request of the City or
otherwise, shall be provided to the City at the same time that such information is
submitted to Texas Commission on Environmental Quality.
B. If environmental monitoring confirms contamination of soil or groundwater within the
City's right-of-way or other property, User shall notify the City's Department of
Environmental Management of same in writing within ten (10) days after receiving
confirmation of contamination. User shall cooperate with the City in mitigating the
contamination as necessary. User agrees that in the event contamination is attributable
to and resulting from User's activities, such remediation shall be undertaken at User's
sole cost and expense in accordance with the procedures and standards set forth by the
Texas Commission on Environmental Quality and/or the United States Environmental
Protection Agency, subject to the availability of appropriations for same.
6.
RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY
A. District shall repair, clean up, and restore all rights-of-way and other City property
disturbed during the installation, maintenance, and sampling of wells, and shall warrant
the repairs and restoration of such rights-of-way and other property for a period of two
(2) years from the date of completion of same. Such repairs, clean up, and restoration
shall return the rights-of-way and other disturbed property to substantially the same
condition they were in before District's operations began. The determination that the
rights-of-way, other City property, and their surfaces have been returned to
substantially the same condition shall be made by the City's Director of Transportation
and Public Works, or his designee.
B. City shall have the right at any time to order and require User to remove or abate any
spill, discharge, well equipment, or other facility that is dangerous to life or property.
In the event District fails or refuses to comply with the City's order, or if an emergency
exists which precludes the City from giving notice to District prior to responding, City
shall have the right to remove or abate same at the expense of District, all wiihout
compensation or liability for damages to District.
C. Within thirty (30) days of the expiration or earlier termination of this Agreement,
District shall remove the well and restore the City's right-of-way and other property in
accordance with part A of this paragraph. District's plan to remove the well and
restore property is subject to the City's approval, and shall be submitted to City prior to
the removal. �
D. If, within fifteen (15) days' written notice from the City, District fails to remove the
well and restore property as required, City may cause the well to be removed and the
rights-of-way and any other affected properry to be restored without notice to District.
District shall pay City for all costs incurred by City in said removal and restoi�ation: ��� �. ��;�,;���.�,
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�.
RELOCATION OF MONITORING WELLS
A. User, at its sole cost and expense, and upon the City's request (without claim for
reimbursement or damages against the City), shall relocate any and all wells so
identified by this Agreement, where necessary due to street construction or
reconstruction by or on behalf of the City, or due to the construction or relocation of
City utility lines, including, but not limited to, water, sanitary sewer, storm drains,
street lights and traffic signal conduits, or due to any other work by or on behalf of the
City or general public in or under the City rights-of-way.
B. If City requires User to relocate its wells pursuant to Part A of this paragraph, User
shall relocate or remove its wells upon receiving a written directive from City to do so,
within seven (7) days of receipt of said notice, unless otherwise stated in the directive.
In the event User fails to comply with the directive, the City shall have the right to
relocate or remove or cause the relocation or removal of the wells, and User shall
reimburse City for all its costs, subject to the availability of appropriations for same.
C. City reserves the right to permit to be laid and repaired, sewer, gas, water, and other
pipelines, cable, conduits, and other similar facilities in, along, over, or under any
rights-of-way and other City property occupied by User pursuant to this Agreement.
City further reserves the right to require User to remove or relocate its wells to enable
use of the rights-of-way or other property by City's franchisees, licensees, and invitees,
City, its ofiicers, and employees, shall not be liable to User for any damages, loss or
expenses arising out of the performance of such work or the relocation or removal of
User's wells; however, nothing herein shall relieve any other person or corporation
from liability for damage to User's wells, equipment, and other facilities.
8.
TERM
The term of this Agreement shall be for a period of two (2) years from the date of its execution
by all parties, if no contamination is confirmed through the well(s), and upon satisfaction of the
Texas Commission on Environmental Quality, and the City, whichever occurs first. In the
event contamination is confirmed through use of a well within two (2) years following the
execution of the Agreement, the term of the Agreement shall become a period of five (5) years
from the date of its execution, upon written request for amendment made by User to the City.
The amendment request shall state that additional environmental sampling will be necessary,
and shall includ.e all pertinent data relevant to, and justifying, extension of this Agreement.
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TRWD&COEcrlv2 12.13.06 Page 6 of 12
9.
DAMAGES
A. Damages Caused by District
If any action of District, its employees or agents, in the exercise of this Agreement
results in: i) damage to real property or personal property; ii) Environmental Damages;
or iii) violation of any environmental requirements, then District will, at its option,
either repair such damage to the maximum extent practicable or make an appropriate
settlement with the Ciry. In no event shall such repair or settlement exceed the fair
market value of the fee interest of the real property at the time immediately preceding
such damage. The provisions of this clause are without prejudice to any rights the City
may have to make a claim under applicable laws for any damages other than those
provided for herein.
B. Damages Caused by COE
If any action of the COE's employees or agents in the exercise of this Agreement
results in damage to the real property, the COE will, at its option, either repair such
damage or make an appropriate settlement with the City. In no event shall such repair
or settlement exceed the fair market value of the fee interest of the real property at the
time immediately preceding such damage. The COE's liability under this clause is
subject to the availability of appropriations for such payment, and nothing contained in
this agreement may be considered as implying that Congress will at a later date
appropriate funds suff'icient to meet any deficiencies. The provisions of this clause are
without prejudice to any rights the City may have to make a claim under applicable
laws for any damages other than those provided for herein.
C. The obligations of the User under this Section shall survive the expiration or
termination of this Agreement and the discharge of all other obligations owed by the
parties to each other hereunder.
10.
LIABILITIES
A. To the extent permitted by law, User shall be responsible for all work-related deaths,
injuries or diseases of its employees and contractors, and, for property damage,
personal injury or death caused by User employees and contractors, relating to work
provided pursuant to this Agreement.
B. To the extent pernutted by law, City shall be responsible for all work-related deaths,
injuries or diseases of City employees, and, for property damage, personal injury or
death caused by City's own employees, relating to work provided pursuant to this
Agreement.
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11.
IMMUNITY & THIRD PARTIES
A. It is expressly understood and agreed that, in the execution of this Agreement, neither
City nor either User waives, nor shall be deemed hereby to waive, any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
B. Nothing in this Agreement shall be construed to benefit any third party while in the
performance of this Agreement. This Agreement may not be construed to expand the
liability of City or User beyond the scope of Chapter 101 of the Texas Civil Practice and
Remedies Code, Vernon's Texas Codes Annotated, unless specifically stated herein.
12.
1NSURANCE
A. During the term of this Agreement, User shall require its contractors to maintain the
following insurance coverage and the respective policies thereof shall cover all risks
related to the use and occupancy of the right-of-way and other City property and all other
risks associated with this use Agreement:
1. Commercial General Liability Insurance:
a. $1,000,000.00 per occurrence combined single limit for bodily injury
and property damage.
b. $2,000,000.00 aggregate.
2. Environmental Impairment Liability/Pollution Liability:
$1,000,000.00 minimum per occurrence
3. Automobile Liability Insurance:
a. $1,000,000.00 each accident; or
$250,000 Property Damage and $500,000 Bodily Injury per person per
occurrence.
b. Coverage shall be on "any auto", including leased, hired, owned, non-
owned and borrowed vehicles.
4. Workers' Compensation Insurance
a. Statutory limits for Workers' Compensation; and
b. Employer's Liability:
$100,000.00 each accident/occurrence;
$100,000.00; and disease-each employee;
$500,000.00 disease-policy limit.
B. All policies shall contain the following endorsements:
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TRWD&COEcrlv2 12.13.06 Page 8 of 12
1. City shall be named as an additional insured on all policies in respect to the
monitoring wells, environmental sampling, and the operations under this
Agreement;
2. City shall be notified not less than thirty (30) days prior to the cancellation, or
non-renewal of, or material changes to, said policies; and
3. All policies shall be endorsed with waivers of subrogation in favor of the City.
C. The insurers for all policies must be approved to do business in the State of Texas and be
currently rated in terms of financial strength and solvency to the satisfaction of the Risk
Manager.
D. The insurers for all policies must be licensed and approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A:
VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of the Risk Manager.
E. Prograrns of self-insurance in lieu of commercial insurance policies shall be assessed, and
as appropriate, approved by the Risk Manager; and, as applicable, pre-approved by the
Texas Department of Insurance. All such approvals must be completed and/or received
by City prior to execution of this Agreement.
F. The deductibles or self insured retention (SIR) affecting the insurance coverage required
shall be acceptable to the Risk Manager, and in lieu of traditional insurance, alternative
coverage maintained through insurance pools or risk relations groups must be also
approved.
G. User shall provide City with certificates of insurance documenting User's contractor's
coverage as outlined above prior to commencing any operations under this Agreement.
Certificates shall be submitted to the Director of Environmental Management.
H. Any failure on the part of the City to request documentation of insurance required herein
shall not be construed as a waiver of the requirement for same.
I. The CiTy may revise insurance requirements specified herein, at its sole discretion, to
protect its interest, giving ample prior notice to User.
13.
NOTICE
Any notice or communication required in the administration of this Agreement shall be
sent as follows:
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TRWD&COEcrh�2 12.13.06 Page 9 of 12
If to City:
Mr. Brian Boerner, Director
Dept. of Environmental Mgt.
City of Fort Worth
1000 Throckmorton St.
Fort Worth, TX 76102-6311
If to Users:
District:
Mr. Woody Fossard
Tarrant Regional Water District
800 East North Side Drive
Fort Worth, Texas 76102
COE:
Mr. Rocky D. Lee
Chief, Realty Services Branch
CES WF-RE-A
U.S. Army Corps of Engineers
P.O. Box 17300
Fort Worth, Texas 76102-9887
14.
TERMINATION
A. In the event User defaults in the performance of any of its obligations, either
individually or collectively, under this Agreement or misrepresents to the City a material
fact, the City shall have a right to terminate this Agreement upon giving the User written
notice describing the breach or omission in reasonable detail. The User shall have a ten
(10) day period commencing upon the date of notice of default in which to effect a cure.
If the User fails to effect a cure within the aforesaid ten (10) day period, the City may
terminate this Agreement by written notice to User.
B. Upon termination, the User shall be released from all contractual obligations to the City,
except that all of User's duties, obligations, and liabilities set forth in Paragraphs 5, 6,
and 9 shall remain in effect as indicated herein. The requirements imposed under
Paragraph 5, "REPORTING REQUIREMENTS AND MITIGATION OF
CONTAMINATION", shall survive for a period of two (2) years after the termination of
the Agreement, or until such time that any contamination which may have occurred has
been mitigated to the satisfaction of the City, and the Texas Commission on
Environmental Quality, whichever period is longer. The requirements imposed under
Paragraph 6, "RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY",
shall survive for two (2) years after the termination of this Agreement, or until such time
that the property affected is restored to its original condition and such restoration fully
complies with Paragraph 6 of this Agreement, whichever period is longer. The duties,
obligations, and liabilities set forth in Paragraph 9, "INDEMNIFICATION", shall
survive the expiration or termination of this Agreement,
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15.
GOVERNING LAWS
It is mutually agreed and understood that this Agreement is made and entered into by the
City and User with reference to the existing Charter and Ordinances of City and the laws of the
State of Texas, and of the United States, which govern all matters affecting this Agreement, and
User agrees to comply fully with all the provisions of same.
16.
ENTIlZETY
This Agreement constitutes the entire agreement by the parties hereunder, and any prior
or contemporaneous oral or written agreements shall be void. This Agreement may be amended
or changed only by the written agreement of both parties.
17.
SEVERABILITY
In case any one or more of the provisions contained in the Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision of this Agreement, and this Agreement shall
be construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
Texas.
18.
VENUE
Venue of any suit or cause of action under this contract shall lie in Tarrant County,
19.
AUTHORIZATION
The undersigned officer and/or agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending such
authority have been duly passed and are now in full force and effect.
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TRWD&COEcrlv2 1213.06 Page Il of 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
originals in Tarrant County, Texas.
TA AL WATER DISTRICT
BY:
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NAME: / . G � ' �
TITLE: ` G,�. �i � .����.�=��,�-�
Date Signed: �� a � -
C •�'•,� ��:�i
WIT`NESS:
i�c T ��--�-�-�-
(Signature)
Print Name: ���r K �T�•�a_S
UNITED STATES OF AMERICA
:
CITY OF:FORT WORTH
BY: %�,;���` �" < ' . —�—�
Libby Wat'son
Assistant City Manager
Date Signed: Y-? `, c 7
APPROVED AS TO FORM:
U.S. Army Corps of Engineers
Fort Worth District
Date Signed:��,L 1� 1��-►.�p �
WIT`NESS: , _ ��
�� tt��
(Signature) '
Print Name: �t�n, � ;� �C �
Right of Way Use Agreeme�U for Envrrarn:ental Monitoring
TRWD& COEcrh2 12.13.06
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Assistant'City Attorney
ATTEST:
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Marty Hendrix, ity Secretary
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CODE OF THE CITY OF FORT WORTH, TEXAS
CHAPTER 12.5 ENVIRONMENTAL PROTECTION AND COMPLIANCE
ARTICLE 1, ADMINISTRATION AND ENFORCEMENT
DIVISION 4, ENVIRONMENTAL USE AGREEMENTS
Subdivision I. General Provisions
Section 12.5-136. Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases, as used
in this Division, shall have the meanings hereinafter designated,
Propert,y owner means the owner of property upon which or from which there has been
a release or suspected release,
Section 12.5-137. Purpose.
(a) The purpose of this Division is to establish guidelines and rules whereby,
pursuant to Chapter XXVII, Section 13, of the Charter of the City of Fort
Worth, the City Manager may execute use agreements with property owners to
allow sub-surface environmental sampling and the placement of monitoring
wells in City right-of-way, other City property, and in City easements, without
the prior approval of the City Council. These guidelines and rules shall not be
interpreted as creating any rights in any property owners to do such sub-surface
environmental monitoring or placement of monitoring wells.
(b) It is further the purpose of this Division to protect the lives and safety of the
traveling public, to protect the health, safety and welfare of the residents of the
City of Fort Worth, and to protect City property.
Section 12.5-138. Authority of City Manager.
(a) The City Manager or the City Manager's designee may enter into use agreements
with property owners to allow such owners to perform sub-surface
environmental monitoring and place monitoring wells in City right-of-way,
other City property, and in City easements, if such sampling or wells are
required by the Commission or the EPA, or requested by the property owner,
and no reasonable alternative site exists.
Fort Worth Environmeni Code, Artic.le 1, Division 4
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(b) The CiTy Manager may establish rules and procedures for the administration of
this Division that are not inconsistent with the provisions of this Division, and
which are necessary to protect City properly interests and the public health,
safety or welfare.
(c) For the purpose of making sub-surface environmental sampling or installing
monitoring wells on City easements, rights-of-way, or other property, the
provisions of this Division supersede any similar provisions in the "Buildings"
Chapter of the City Code or other similar provisions in the City Code.
Section 12.5-139. Minimum Requirements for Use Agreements.
Any use agreement approved by the City Manager as allowed by this Division shall at
a minimum provide for:
(a) An insurance policy or policies naming the City as an additional insured, with
policy types and limits determined by the City's Risk Manager. When factors so
warrant, and the Risk Manager believes the City will be properly protected, the
Risk Manager may approve self-insurance;
(b) The indemnification of the City by the property owner for all claims and
damages arising from use agreement activities;
(c) The relocation of monitoring wells if required for street and utility repair and
maintenance;
(d) Minimal disturbance of traffic;
(e) Minimal disturbance of the peace of nearby residential neighborhoods;
(� The protection of the City's municipal separate storm sewer system and the
City's sanitary sewer from use agreement activities;
(g) The proposed drilling depth for soil borings and monitoring wells, locking caps
on wells, and restoration of City property following completion or
abandonment of contract activities;
Barricading during sampling and drilling of monitoring wells;
Inspection of operations by the Environmental Manager and City Traffic
Engineer, and authority of same to halt use agreement activities when necessary
to protect the environment or traveling public;
Fort Worth Environment Code, Article 1, Division 4
�� Drilling to be performed by a contractor licensed and bonded to work in the public
right-of-way, and licensed under Chapter 32 of the Texas Water Code;
�{C� Certification of utility clearance prior to drilling; and
(1) Fees to offset the City's cost of regulating and monitoring use agreement
activities as determined by a schedule set by the City Council.
Section 12.5-140. Priority of Placement.
It is the City's position that the placement of sub-surface environmental sampling sites
and monitoring wells shall follow the order of priority set forth below, and that
sampling sites and monitoring wells be permitted on City roadways or in stormwater
drainage channels only as a last resort. In declining order of priority, sampling sites
and monitoring wells shall be placed:
On the properly owner's property, not within a public easement;
On adjacent private properly, not within a public easement; On
the property owner's property, within a public easement; On
adjacent �rivate property, within a public easement; On City-
owned properiy, excluding rights-of-way;
Within City right-of-way, excluding roadways, sidewalks, and stormwater
drainage channels;
(g) Within City right-of-way, including roadways and sidewalks, but excluding
stormwater drainage channels;
(h) Within City right-of-way, including stormwater drainage channels.
[Sections 12.5-141 through 12.5-Y44 reserved]
Fort Worth Environment Code, Article 1, Division 4
Subdivision II. Sub-surface Environmental Sampling
Section 12.5-145. Informal Request for Sub-Surface Environmental
Sampling.
(a) A property owner seeking permission to conduct sub-surface environmental
sampling on City right-of-way, property, or easements shall submit an
informal written request to the Environmental Manager.
(b) The informal request shall include:
(1) A complete history of the release prompting the request;
(2) A scale drawing detailing: all adjacent property and improvements
within one hundred feet (100') of the proposed sampling site(s); and the
location of other soil borings made and monitoring wells placed in
response to the release;
(3) The preliminary location, scope, and details of all proposed sampling
operations; and
(4) Documentation which shows the Commission's or EPA's directive
necessitating the request, if applicable.
(c) After receiving the request, the Environmental Manager shall review it and
either:
(1) Approve it for further processing and notify the requestor;
(2) Return it to the requestor for more information; or
(3) Deny the request.
Section 12.5-146. Formal Request for Sub-Surface Environmental Sampling.
(a) If a preliminary request is approved for further processing, the requestor shall
submit a formal written request plus seven (7) copies of same to the
Environmental Manager.
(b) The formal request shall:
(1) Document contacts with the following persons regarding the release:
Fort Worth Environment Code, Articl�:, 1, Division 4
�2)
A. T.U. Electric Company;
B. Lone Star Gas Company;
C. Southwestern Bell Telephone Company;
D. Sammons Cable;
E.
F.
G.
H.
Any other utility company with a City franchise or license;
Texas Department of Transportation (if applicable);
Tarrant County Water Control and Improvement District (if
applicable);
Tarrant County Department of Transportation and Public Works
(if applicable);
I. Trinity River Authority (if applicable); and
J. The adjacent private property owner (if applicable); and
Contain detailed information regarding the proposed sampling,
including:
A.
B.
C.
D.
The exact location of all sampling sites, the type and depth of
the samples, the hours of operation, and barricading;
The equipment to be used in the sampling;
The names and qualifications of the businesses involved in the
sampling, and the name, title and phone number of the project
manager who will oversee the sampling; and
The timetable for all sampling operations.
(c) After receiving the formal request, the Environmental Manager shall send
copies of the request to the following City officials / departments:
(1) City Attorney;
(2) Department of Risk Management;
(3) City Fire Chief;
(4) City Traffic Engineer;
Fort Worth Environment Code, Article 1, Division 4
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(5) Deparhnent of Water, Engineering Services Division;
(6) Department of Engineering;
��)
Department of Development; and
(8) Department of Parks and Recreation (if the request will involve use of
(d) The officials/deparhnents listed in (c) above may provide the Environmental
Manager with requirements to be imposed on the requestor, and other
recommendations including alternate sites. The Environmental Manager shall
review such requirements and recommendations and shall incorporate them
into the use agreement to the degree practicable, but shall have the approval
authority of the formal request. However, any sampling which will be done in
City right-of-way shall also require the approval of the City Traffic Engineer
on matters of traffic safety.
Section 12.5-147. Use Agreement for Sub-Surface Environmental
Sampling.
(a) If the Environmental Manager and City Traffic Engineer (if applicable) approve
the formal request, the Environmental Manager shall prepare a written use
agreement setting forth the City's requirements, and shall deliver it to the
requestor.
I'0� After the requestor returns the signed use agreement to the Environmental
Manager, along with the required fee and appropriate proof of insurance or
self-insurance and certification of utility clearance for all city-franchised utility
companies, and when applicable, of the other persons listed in Section 12.5-
146(b)(1), the Commission, and the EPA, the Environmental Manager shall
present it to the City Manager for fmal review. The City Manager may then
approve or reject the use ageement.
(c) The use agreement shall take the place of any permits required by the City
elsewhere in this Code, to do the work allowed by the agreement.
[Sections 12.5-148 thrc�ugh 12.5-154 reserved]
Fort Worth En✓ironment Code, Article 1, Division 4
Subdivision III. Monitoring Wells
Section 12.5-155. Necessity of Monitoring Wells.
If sub-surface environmental sampling or other tests indicate the possibility of soil or
groundwater contamination within City rights-of-way, property, or easements, and
either the City, the Commission, or the EPA requires the installation of monitoring
wells, the City Manager may enter into a use agreement with a property owner for the
placement of monitoring wells and additional sub-surface environmental sampling.
Section 12.5-156. Informal Request for Monitoring Wells.
(a) A property owner seeking to place monitoring wells on City right-of-way, property,
or easements shall submit an informal written request to the Environmental
Manager.
(b) The informal request shall:
(1) provide documentation of the need for the well(s);
(2) provide documentation of the requestor's efforts to locate the well(s) on
property other than City right-of-way, property and easements; and
(3) include a preliminary plan for the location of the well(s).
(c) If the Environmental Manager determines that the request should be approved for
further processing, the requestor shall be so notified. If the Environmental
Manager determines that the request should be denied, the requestor shall be
so notified. The requestor shall have ten days from the date of the notice of
denial to appeal the decision to the City Manager.
Section 12.5-157. Formal Request for Monitoring Wells.
(a) If the preliminary request is approved, the requestor shall submit a formal
request and seven (7) copies to the Environmental Manager.
(b) The form,il request shall include:
(1) Documentation of coordinatic�n with:
A. T.U. Electric Company;
Fort Worth Environment Code, Article 1, Division 4
B. Lone Star Gas Company;
C. Southwestern Bell Telephone Company;
D. Sammons Cable;
E. Other holders of City utility franchises or licenses;
F. Texas Department of Transportation (if applicable);
G. Tarrant County Water Control and Improvement District (if
applicable);
H. Tarrant County Department of Public Works and
Transportation (if applicable);
I. Trinity River Authority (if applicable); and
J. The adjacent private property owner (if applicable);
(2) A detailed scale drawing showing all property and improvements
located within one hundred feet (100') of the proposed well
installation;
(3) The scope and details of all well improvements, including but not
limited to location and depth of the well(s), the size of the well(s), the
hours of operation, and the construction details of the well(s);
(4) All equipment to be used in the construction, operation and
maintenance of the wells;
(5) The names, addresses, phone numbers, and qualifications of all
businesses involved in the construction, operation, and maintenance of
the well(s) and;
(6) The length of time the well(s) will be in service;
(7) The procedure to remove the well(s) after they are no longer needed,
including restoring the property to its original condition; and
(8) The monitoring procedures to be used, including frequency and time
of monitoring.
(c) After receiving the forrnal request, the Environmental Manager shall forward
copies to the following City officials/departments far review:
Fort Worth Environment Code, Article 1, Division 4 8
(1) City Attorney;
(2) Department of Risk Management;
(3) City Fire Chief;
(4) City Traffic Engineer;
(5) Department of Water, Engineering Services Division;
(6) Department of Engineering;
(7) Department of Development; and
($) Department of Parks and Recreation (if the request will involve use of
the City parks land).
(d) The officials/departments listed in subsection (c) may provide the Environmental
Manager with requirements to be imposed on the requestor, and other
recommendations including alternate sites. The Environmental Manager shall
review such requirements and recommendations and shall incorporate them
into the use agreement to the degree practicable, but will have approval
authoriTy over the formal request. However, any wells which will be placed in
City rights-of-way shall also require the approval of the City Tra�c Engineer
on matters of traffic safety.
Section 12.5-158. Use Agreements for Monitoring Wells.
(a) If the formal request is approved, the Environmental Manager shall prepare a
written use ageement setting forth the City's requirements, and shall deliver it
to the requestor.
(b) After the requestor returns the signed use agreement to the Environmental
Manager, along with the required fee and certification of utility clearance for all
city-franchised utility companies, and when applicable, the other persons
named in Section 12.5-157(b)(1), the Commission, and the EPA, the
Environmental Manager shall present it to the City Manager for final review.
The City Manager may then approve or reject the use agreement.
(c) The use agreement shall take the place of any permits required by the City
elsewhere in this Code, to do the work allowed by the agreement.
[Sections 12.5-159 throiagh 12.5-164 reserved]
Fort Worth Environment Code, Article: 1, Division 4
Section 12.5-165.
Subdivision W. Mitigation of Contaminated Soil
Confirmation of Contaminated Soil.
(a) If sub-surface environmental sampling and/or monitoring wells confirm
contamination of soil within City right-of-way, property, or easements, the
property owner shall notify the Environmental Manager in writing within ten
(10) days after learning of the confirmation of contamination.
I'0� The property owner shall cooperate with the City in mitigating the
contamination as necessary.
[Sections 12.5-166 through 12.5-199 reserved]
Fort Worth Envir�nment Code, Article 1, Division 4
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