HomeMy WebLinkAboutContract 45566 C37Y SECIRETAW
CONTRACT'NO,
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,STATE OF TEXAS
§ KNOW ALL PERSONS BY THESE PRESENT
COUNTY OF TARRA NT'
ENVIRONMENTAL USE AGREEMENT
WHEREAS the Trinity River Vision: Authority (TRVA) and its contracted agent CDM Smith,
Inc. has requested authorization to install groundwater monitor wells within City of Fort Worth
Right-of-Way as part of an investigation and a corrective action related to potential soil and
ground water contamination; and
WHEREAS Section 12.5 Division .V allows for the use of City n. hto�may for environmental.
sampling and the placement of monitor wells
NOW THEREFORE it is, agreed as follows.
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 "City", acting herein
through Fernando Costa, pit's duly authorized Assistant City Manager, the 'finny River Vision
Authority, hereinafter referred to as "TRVA", and CDM Smith, Inc., hereinafter referred to as
"Consultant". Throughout this agreement, the TRVA and the Consultant are collectively and
individually referred to as the `User' of the right-of-way.
1.
GRANT OF USE
A. pity agrees to permit User to enter upon City property in order to, install and maintain
five monitor wells on pity right-of-way, as shown on the map attached hereto as `Figure
1"' which is incorporated into and made a part of this Agreement as if set forth fully
herein, for the express purposes of conducting environmental sampling. Approximate
well locations, pending utility clearance, are as follows:
PW-1: Can west side of N Houston Street approximately 50 :feet south of
the intersection of N Houston Street and NW 6th Street.
PW- : on south side of NW 7t1' .Street approximately 50 feet east of the
intersection of N Houston Street and NW 7th Street..
W- : On east side of N Calhoun Street between NW 6 Street and N
7th Street.
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PW-4.- On the south side ofNW 5"" Street approximately 75 feet west of N
Main, Street.
PW-5: On north side of NW 4"" Street approximately 50 feet west of N
Houston Street.
B. User shall obtain a license from the Street Permit Center of the City's Department of
Transportation and Public Works and post the required twenty-five thousand dollar
($251,010101), Street and Stoin-nwater Contractor,"s Bond, prior to commencement of any work
under this Agreement. Additionally, the User shall submit to the Street Permit Center of
the City's Department of Transportation and Public Works a Traffic Control Plan and
shall obtain approval of the plan prior to the commencement of any work under this
Agreement. User shall provide a copy of such License and 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 the wells
are instalilied and environmental sampling, is conducted,, and access to the property shall be
noinexclusive at the City's discretion.
D. NOTHING SIN THIS AGREEMENT SHALL BE CONSTRUED TO CONVEY ANY
INTEREST IN THE PROPERTY OF ANY THIRD PARTY. THIS AGREEMENT IS
ONLY A GRANT TO ENTER UPON THE CITY'S PROPERTY OR RIGHT-OF-WAY
IDENTIFIED HEREIN. USER UNDERSTANDS AND AGREES THAT THERE MAY
BE THIRD PARTIES WHO HAVE PROPERTY INTERESTS IN THE LAND, OVER
WHICH THE RIGHT-OF-WAY EXTENDS AND! THAT THE, CITY IS, NOT
PURPORTING TO CONVEY ANY OF' THOSE PROPERTY INTERESTS. THIS
AGREEMENT DOES NOT AUTHORIZE THE SURFACE OR SUBSURFACE USE
OF ANY PROPERTY NOT OWNED BY THE CITY. USER AGREES IT IS SOLELY
AND ENTIRELY RESPONS.JBILE TO DETERMINE IF ANY THIRD-PARTY
PROPERTY INTERESTS MAY BE IMPACTED BY THE USER'S ACTIVITIES.
USER IS RESPONSIBLE FOR OBTAINING ANY NECESSARY PERMISSIONS (OR
THE STATUTORY OR REGULATORY AUTHORITY) TO USE OR ACCESS ANY
PROPERTY THAT IS OWNED BY ANY PERSON NOT A PARTY TO THIS
AGREEMENT, INCLUDING ANY SURFACE AND SUBSURFACE, PROPERTY
INTERESTS OF THE, SE,RVIENT ESTATE TO, THE CITY"S RIGHT-OF-�WAY OR
EASEMENT, AND USER SHALL INDEMNIFY THE CITY AGAINST ANY
DAMAGES OR CAUSE OF ACTION RESULTING FROM USER'S FAILURE TO
OBTAIN APPROPRIATE PERMISSIONS FROM PERSONS NOT A PARTY TO
THIS AGREEMENT.
Environmental Use Agreement Page 2 of 14
TRVA and CDM Smith
2.
REGULATION OF CONSTRUCTION AND, USE
A. User shall conduct all construction, maintenance, operation, and environmental sampling
in accordance with federal, state and local laws and regulations.
B. The construction of the wells shall comply with the scope and details of construction of
the ells that is included in User's Formal request, and which is incorporated into this
Agreement by reference. The surface completion for the well shall be completed to be
flush with the street surface level.
C. User shall ensure that the person who performs the drilling and installation of the monitor
wells in conjunction with the environmental sampling, or other party with appropriate
oversight of the drilling project, is properly licensed and bonded in accordance with
Texas Occupations Code, Chapter 1901, 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.
E. user agrees that it shall require any Contractor that performs any aspect of the
construction, operation, or maintenance of the Monitor dells to possess all federal, state,
and local licenses to perform all work contracted for, prior to initiation of such wort .
F. User agrees that it will utilize the services of a state-licensed environmental drilling fir,.
to install the monitor wells. User shall provide written notice to the City prior to
commencing work of the identity of the drilling fin-n. User is responsible to provide
oversight and supervision of the drilling contractor and all entities performing work
pursuant to this agreement. User agrees to compensate the City or any affected third party
for any damages caused to city property, personnel, an affected third party, or the
property of any third party by the drilling, contractor or other contractors or
subcontractors.
G. User shall maintain and operate the monitor wells. In the event that User determines the
need to contract the maintenance and operation of the 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.
H User shall install, maintain, and monitor the wells:.
a. In accordance with the City of Fort worth's Standard Specification for Street and
Storm Drain Construction, which is hereby incorporated into and made a part of
this Agreement as if fully set forth herein;
b. So that there is minimal disturbance to traffic and to the peace of the surrounding
neighborhoods;
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TRVA and CDM Smith
c. So that no discharges are made to either the City's municipal separate storm sewer
system or to the sanitary sewer system; and
d. So that the openings to the monitor wells are protected at all times with properly
,functioning locking caps.
I. When User performs or causes the performance of any work including measurements or
sampling of the well that is in the right-of-way or on other public property, or so close]
adjacent to such places as to create hazards, for the public, User, its employees, or
contractors, shall provide construction and maintenance signs and sufficient barricades at
work sites to protect the public, equipment, and workmen. 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.
J. User shall require its contractors to contact the City's Street Permit Center of the
Department of Transportation and Public Works, at least forty-eight (48) hours before
dTilling or well sampling/measuring, commences' and further require their contractors to
comply with all requirements of the City's inspectors. No work under this Right-of-Way
Use Agreement shall begin until authorized in writing by the City's Street Permit Center
of the Transportation and Public Works Department.
K. User shall ensure that it has received written clearance from all City-franchised utility
companies, and any non-franchised utility companies (including but not limited to
electric, gas, data, cable, fiber optic, water, sewer, and storm water facilities) which may
be affected by the excavation and operations of the User prior to the commencement of
work, and that the City has, been provided with a copy of said clearances. User shall
comply with the provisions of Tex. Utilities Code Ch. 251 (Texas Underground Facility
Damage Prevention and Safety) including but not limited to the notification requirements
therein. User also understands that information regarding Class B underground facilities
and facilities described as exempt under Section 251.003 may not be provided by the
Notification Service and the User agrees to take special precautions to locate and avoid
damaging Class B and exempt underground facilities. User specifically agrees that
notification does not waive its duty to hold harmless and indemnify the City against any
damages caused by excavation and operations under the terms of this agreement.
3.
INSPECTIONS
The City's Director of Transportation and Public Works, or his 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 their contractors comply with all orders to halt operations given pursuant to this
paragraph.
Env iroam enial Use Agreement Page 4 of 14
TRVA and CDM Smith
4.
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
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
Transportation and Public works, Environmental Management Division 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.
S.
RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY
A. User 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. The well casing and all equipment shall be pulled and the
wellbore plugged and abandoned in accordance with State law and to the satisfaction of
TCEQ and the City of Fort worth. 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 User'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 User fails or refuses to comply with the City's order, or if an emergency exists
which precludes the City from giving notice to User prior to responding, City shall have
the right to remove or abate same at the expense of User, all without compensation or
liability for damages to User.
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TRVA and CDM Smith
C. Within thirty (30) days of notice by the City or the expiration or earlier termination of
this Agreement, User shall remove the well and restore the City's right-of-way and other
property in accordance with part A of this paragraph. User'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. If User 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 property to be
restored without notice to User. User shall pay City for all costs incurred by City in said
removal and restoration.
6.
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 remove or 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 tinder the City rights,-of-way.
Bi. Notwithstanding the provisions, of Section 5(C) of this agreement 7 if City requires User to
relocate its wells pursuant to Part A of this Section, User shall relocate or remove its
wells upon receiving a written directive from City to do so, within seven (30) 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 night to relocate or remove or cause the
relocation or removal of the wells, and User shall reimburse City for all its costs.
C. City reserves the right to pen-nit to be installed, laid, or repaired any 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 officers, 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.
7'.
TERM
The use of the wells and of'City property under the term of this Agreement shall end ten
years from the execution of this agreement if no contamination is confi rmed. In the event
contamination is confirmed through use of the wells within two years of the schedule termination
of the agreement, the term of the Agreement may be extended for an additional period of five (5)
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TRVA and CDNI Smith
years 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 include all
pertinent data relevant to, and justifying, extension of this Agreement.
8.
INDEMNIFICATION
A. Definitions,. In this paragraph, the following words, and phrases shall be defined as
follows o.
I 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 remediatio�n 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
perfon-nance 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 attorney's fees, costs and expenses 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 can all applicable present and future statutes,
regulations, rules, plans, authorizations, concessions, franchises, 'and similar
items, of all governmental agencies, departments,,, commissions,, boards, bureaus,
or ins:tru mentalities, of the United States, states, and pollitical subdivisions thereof
and all applicable judicial,, administrative,,, and regulatory decrees,judgments, and
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TVA and CDM Smith
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 manufacture, 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.,
B. THE CITY OF FORT WORTH DOES NOT REQUIRE THE STATE OF TEXAS OR
ANY POLITICAL SUBDIVISION THEREOF TO INCUR ANY FUTURE DEBT AS A
RESULT OF THIS AGREEMENT, NOR IS THE CITY OF FORT WORTH'
REQUIRING THE STATE OF TEXAS OR ANY POLITICAL SUBDIVISION
THEREOF TO CONTRACTUALLY WAIVE ITS SOVEREIGN OR
GOVERNMENTAL IMMUNITY AS A RESULT OF ENTERING INTO THIS
AGREEMENT. ANY PRIVATE CONTRACTOR, HOWEVER, RETAINED BY
USER TO CONDUCT WORK ON CITY PROPERTY SHALL BE RESPONS113LE
FOR GENERAL AND ENVIRONMENTAL DAMAGES AS DESCRIBED IN
SECTION 8 OF THIS AGREEMENT AND SHALL CARRY THE REQUIRED
INSURANCE AS DESCRIBED IN SECTION 9 OF THIS AGREEMENT.
C. General Indemnification. TO THE EXTENT ALLOWABLE BY LAW AND
RECOGNIZING THE STATE'S SOVEREIGN IMMUNITY, USER DOES HEREBY
RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS: THE
CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES., FROM AND AGAINST ANY
AND ALL LIABILITY, CLAIMS, SUITS;, DEMANDS, OR CAUSES, OF' ACT'IONS
WHICH MAY ARISE DUE TO, ANY LOSS OR DAMAGE TO PERSONAL
PROPERTY,, OR PERSONAL INJURY,, AND,/'OR DEATH,, OCCURRING AS A
CONSEQUENCE OF THE, USER'S OPERATIONS UNDER THIS AGREEMENT,
WHEN SUCH INJURIES,, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE
NEGLIGENCE OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS, OR THE JOINT NEGLIGENCE OF USER, ITS OFFICERS,
AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR
ENTITY.
D. Environmental Indemnification. TO THE EXTENT ALLOWABLE BY LAW AND
RECOGNIZING THE STATE'S SOVEREIGN IMMUNITY, USER DOES HEREBY
RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE
CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL
Environmental Use Agreement Page 8 of 14
TRVA and CDM Smith
ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FR M USER'S OPERATIONS
UNDER THIS AGREEMENT" WHEN SUCH ENVIRONMENTAL DAMAGES OR
VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE
ACT OR OMISSION OF USER, IT'S OFFICERS, AGENTS, EMPLOYEES, OR
C NTR ACTORS, OR THE JOINT ACT OR OMISSION OP USER, ITS OFFICERS,
AGENTS, EMPLOYEES, OR CONTRACTORS RS A. D ANY OTHER PERSON OR
ENTITY.
E. The obligations of the User under this paragraph shall include, but not be limited to, the
burden and expense of defending all Maims, suits and administrative proceedings (with
counsel reasonably approved by the City), even if such claims, suits or proceedings are
groundless, false, or fraudulent, and conducting all negotiations of any description, and
paying and discharging, when and as the same become due, any and all judgments,
penalties or other sums due against such indemnified persons.
I . Upon learning of a clam, lawsuit, or other liability which User is required hereunder to,
indemnify, City shall provide user with reasonable timely notice of same.
G. The obligations of the user under this paragraph shall survive the expiration or
termination of this Agreement and the discharge of all other obligations owed by the
parties to each other hereunder.
9
INSURANCE
A. During the term of this Agreement, User shall 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:
I. Commercial General Liability Insurance-.
1 per occurrence combined single limit for bodily injury and
property damage.
$2,101010,000.00 aggregate.
2. Environmental Impairment Liability/Pollution Liability:
$4,000,000.00 minimums per occurrence
Automobile Liability Insurance-,
a. 1,000,000.00 each accident
Environmental Use Agreement Page 9'of 14
b. Coverage shall be on "'"ay 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:
$100,000.0o each accident/occurrence
$100,000.00- and disease-each employee-
$500,000.00 disease policy limit.
B. User shall require its contractors to maintain the following insurance coverage-
1. Commercial General. Liability Insurance:
$1,000,000.00 per occurrence combined single Iiinit for bodily
inj,ury and property damage
2. Automobile Liability Insurance:
a. $1,000,000.00 each accident; or,
$250,010:0 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.
3. 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;
$500,0001.00 disease-policy limit.
C. All policies shall contain the following endorsements
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TRVA and CDM Smith
I. 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.
D. 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.
E. 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.
F. Program,s 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.
G. 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.
H. User shall provide City with certificates of insurance documenting User's and 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.
I. 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.
J. The City may revise insurance requirements specified herein, at its sole discretion, to
protect its interest, giving ample prior notice to User.
10.
CONSIDERATION
In consideration for the use herein granted, User agrees to pay City afee in the amount of
$250.00 (two hundred, fifty dollars, and no cents), which is due and payable upon Users'
acceptance of this Agreement. Such fees shall be used by the City to offset the cost of regulating
and monitoring the use agreement activities specified herein.
Environmenial Use Agreement Page I I of 14
TRVA and 'DAM Smith
11.
NOTICE
Any notice or communication required in the administration of this Agreement shall be
sent as follows:
If to City: If to User:
Mr. Michael A. Lange, Assistant Director Trinity River Vision Authority
Transportation and Public Works Dept. Attn: Woody Frossard
1000 Throckmorton St. 307 W. 7ffi St. Suite 100
Fort Worth, TX 76102-6311 Fort Worth, TX 76102
and
Candace Reed Pearson, P.E.
Senior Project Manager
CDM Smith, Inc
100 Throckmorton St. Suite 600
Fort Worth, TX 76102
12.
TERMINATION
A. I.n the event. User defaults In the performance of any of its obligations 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 4, 5,
and 8 shall remain in effect as indicated herein. The requirements imposed under
Paragraph 4, "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 5, "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 5 of this Agreement, whichever period is longer. The duties,
Environmental Use Agreement Page 12 of 14
TRVA and eDM Smith
obligations, and liabilities set forth in Paragraph 8, "INDEMNIFICATION", shall
survive the expiration or termination of this Agreement.
13.
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.
14.
ENTIRETY
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.
15.
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.
16.
VENUE
Venue of any suit or cause of action under this contract shall lie in Tarrant County,
Texas.
17'.
AI THORIZATIION
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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TRVA and CDM Smith
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in tn*pl,icate
I
originals in Tarrant County, Texas.
TRINITY RIVER VISION AUTHORITY CITY OF FORT WORTH
10,
BYE
NAME: S 5,4 Fernando Costa,
TITLE-. Assistant City Manager
Date Signed: 3!or 5, 16
Date, S,igned.
APPROVED AS TO FORM
Assistant City Attorney
WITNESS:
ATTEST:
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(Signature) Se6retar�y
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Pant Name No M required,
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OFFICIAL RECORD,
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Environmental Use Agreement a817"14 6f 14
TTVA and CAW Smith
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