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HomeMy WebLinkAboutContract 38559 (2) 6 4r SECRETArV `ONTRACT PVC) INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Indemnification Agreement and Hold Harmless (the "Agreement") is entered into this k�day of Ro� ' , 2009, by and between the City of Fort Worth, Texas ("City"), and Southwestern Bell Telep Company ("SWBT"). WHEREAS, Weaver Boos Consultants, LLC and Allied Waste systems (hereinafter collectively referred to as "Contractor") desire to install four landfill gas monitoring probes at the Ft. Worth Southeast Landfill, which is owned by the City; WHEREAS, the proposed locations for the landfill gas monitoring probes are in close proximity to existing SWBT underground telephone facilities (the "Facilities"); WHEREAS, City agrees not to require SWBT to move the Facilities prior to the installation of the landfill gas monitoring probes, provided SWBT agrees to hold City harmless from any damages caused to the Facilities; WHEREAS, SWBT agrees to hold City harmless in the event that the Facilities are damaged during the installation; NOW THEREFORE, in reliance upon the representations, warranties and covenants in this Indemnification Agreement, the parties hereby agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by this reference. Each party to this Agreement warrants and represents that it has the power and authority to enter into this Agreement and that this Agreement is valid, binding and enforceable upon it. 2. SWBT shall indemnify, defend, hold harmless and release City from and against any and all claims, demands, actions, losses, damages, assessments, charges, judgments, liabilities, settlement liabilities, costs and expenses (including, without limitation, interest, penalties, and reasonable attorneys' fees and disbursements) (collectively "Claims") that may from time to time be suffered or incurred by, or asserted against, City, directly or indirectly, on account of or in connection with any proceeding or dispute in which it is alleged, in whole or in part, that Contractor damaged the Facilities while installing the landfill gas monitoring probes at the Ft. Worth Southeast Landfill. 3. This Agreement shall be governed and construed in accordance with the laws of the State of Texas. Any conflict of law rule of that jurisdiction that may require reference to the laws of some other jurisdiction shall be disregarded. 4 . This Agreement represents the entire agreement of the parties and supersedes all prior g written or oral agreements, and the terms are contractual and not mere recitals... OFFICIAL RECORD CITY SECRETARY FT.U WTH,`TX INDEMNIFICATION AGREEMENT _ - 9 A 2 5 1po 4 CITY OF FORT WORTH, TEXAS By: Zr7 . 14 Name: Q y &ICA� Title: �i✓ ✓ �Usl L%c� '� ��E'l, jv� � �°� C � SOUTHWEST BELL TELEPHONE COMPANY By: G.�- Name: .� CIO l 8 14 lt+�— Title: A C e a �Ao-r a e L t ,J APPROV'E AS TO EORM'- AND EGALITY: ;4.91 Amsted by: May Hcrkkix. ' SeCretary OFFICIAL RECORD CITYS►ECRETARY NO 1dM&C R.FQUIIR .WORTH,TX INDEMNIFICATION AGREEMENT Page 2 6 ., .... ...\.. - .... ._.�..... ..._. _....- - �.�: _ter- i� r��7 - \ C i _ _\ \ _ 58J- nR 51U .......... oe — BER-OPTIClbtK -D- - _ -FIBER OPTIC CABLE -- - ------- OPP R GMP-1 R ._— . _. ---r I_ -r _. __- p_ Mji •- •-� - � - �' - - l - y- -� - - - - - OPP - - -- - - - - - - -- - \ CD .n I/ 0 /\) \\ �\ -- \ I� / O /\ \ .rl / \� 'O 0 50 100 SCALE IN FEET ------ --------- �6tw1P-4 GMP-1 � P-2 2GMP-3 FIBER OPTIC CABLE — FIBER OPTIC CABLE FIBER OPTIC CABLE - — - — • — - — -— - — ' — ' — ' - . — .— . — . — . — . — . — —� . — — — - FIBER OPTIC CABLE FIBER OPTIC CABLE —. — . — . — —• — — €IB€R E1P-TIO CABLE . — — — — — — COPPER CONDUIT GMP-2R COPPER CONDUIT FIBER OPTIC CABLE — — - — - -- --� -- - - - — -- — -� --- — — — _ - ._..__ FIBER OPTIC CABLE 1 -TR GMP-3R COPPER NDUI9 MP-4R---- COPPER CONDUIT MP -------- --__ ® CO ly- N __ 0 J D f a 0 10 20 N 0 10 20 0 10 20 0 10 20 SCALE IN FEET SCALE IN FEET SCALE IN FEET SCALE IN FEET a N m LEGEND o NOTES: N - - PERMIT BOUNDARY (SEE NOTE 2) 1. EXISTING CONTOURS AND ELEVATIONS PROVIDED BY METROPOLITAN - EXISTING PERMITTED SUBTITLE D AREA LIMIT OF WASTE y AERIAL SURVEYS, INC. FROM AERIAL PHOTOGRAPHY, FLOWN 3-04-08, � ; THE GRID SYSTEM IS TIED TO THE TEXAS STATE PLANE COORDINATE z N 3533000 STATE PLANE COORDINATE SYSTEM OFFICIALREC®RD SYSTEM NORTH CENTRAL ZONE NAD 1927. 9 — .�/ 2. PERMIT BOUNDARY WAS PREPARED BY WEAVER BOOS CONSULTANTS, ---600-- EXISTING CONTOUR Cl I lcA .��/ LLC—SOUTHWEST, OCTOBER 2005. 3. LOCATIONS OF FIBER OPTIC CABLE AND COPPER CONDUIT POINTS WERE z OGMP-1 EXISTING LANDFILL GAS MONITORING PROBE (TO BE DECOMMISSIONED) �' � � 1X OBTAINED FROM A FIELD SURVEY COMPLETED ON NOVEMBER 13, 2008 AND � REPRESENT ACTUAL LOCATIONS OF EXISTING FIBER OPTIC CABLE AND COPPER Q ®GMP-1R APPROXIMATE INSTALLATION LOCATION OF LANDFILL GAS MONITORING PROBE CONDUIT LINES. LOCATIONS OF FIBER OPTIC CABLE AND COPPER CONDUIT LINES BETWEEN THE SURVEYED POINTS WERE INTERPOLATED AND ARE m Mw-1 APPROXIMATE. X GROUNDWATER MONITORING WELL L9 DRAFT PREPARED FOR o EXISTING SUBTITLE D COMPOSITE LINER AREA FOR INFORMATIONAL PURPOSES ONLY LANDFILL GAS PROBE — J CITY OF FORT WORTH w ISSUED FOR CONSTRUCTION INSTALLATION LOCATION f CLIENT APPROVAL BY: N — — — — APPROXIMATE LOCATION OF FIBER OPTIC CABLE LINE (SEE NOTE 3) "a FORT WORTH SOUTHEAST LANDFILL DATE o3/2009 DRAWN BY: SRF REVISIONS TARRANT COUNTY, TEXAS m APPROXIMATE LOCATION OF COPPER CONDUIT LINE (SEE NOTE 3) FILE. 0120-435-11 DESIGN BY: NOG NO. DATE DESCRIPTION N CAD: EXHIBH A-LOCATION.DWG REVIEWED BY:JP " X SURVEY POINT (SEE NOTE 3) REUSE OF DOCUMENTS NAN N/1 SEm�CE,6 THE P 171 aF NFAKR Bo0.5 co1A5uLTAYrsuM�oF TX COPYRIGHT Q 2008 WEAVER B005 CONSULTANTS,LLC-SOIITFIN'EST. ALL RIG1115 RESERVED. IN "�.w1s uc"sounn.,En �"E CHICACO,IL GRNGSOUTRBE .' oRRAiroR of wuvER Boas coxsuul - COLUMBUS H (81 IL FORT WORTH. ]35 9T 0 SP IR NGFlELD.IL EXHIBIT A DENVER,CO Sr.LOUTS,MO