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
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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
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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
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®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
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