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HomeMy WebLinkAboutContract 45566 (2)cry ECRttn' W. GCRWRACT .t-5 u Li, STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENT COUNTY OF TARRANT § 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 IV allows for the use of City right-of-way 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, it's duly authorized Assistant City Manager, the Trinity 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. City agrees to permit User to enter upon City property in order to install and maintain five monitor wells on City 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: On west side of N Houston Street approximately 50 feet south of the intersection of N Houston Street and NW 6th Street. PW-2: On south side of NW 7th Street approximately 50 feet east of the intersection of N Houston Street and NW 7th Street. PW-3: On east side of N Calhoun Street between NW 6th Street and NW 7th Street. Environmental Use Agreement TRVA and CDM Smith OF N(l©1AL liiLCIRD!: E ��_ �-©11��� SECRETAR�( � - E Pa e1(2O14 0 SAY ic', ice{ i�/1(l�,��el ��_ U- U o �iI U O R << 1� x TX PW-4: On the south side of NW 5th Street approximately 75 feet west of N Main Street. PW-5: On north side of NW 4th 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 ($25,000) Street and Stormwater 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 installed and environmental sampling is conducted, and access to the property shall be nonexclusive at the City's discretion. D. NOTHING IN 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 IDENTIFIhD 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 RESPONSIBILE 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 SERV I HNT ESTATE TO THE CITY S RIGHT-OF-WAY OR EASEMENT AND USER SHALL INDEMNIFY THE CITY AGAINST ANY DAMAGES OR CAUSE OF ACTION RESULTING PROM 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 wells 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 Wells to possess all federal, state, and local licenses to perform all work contracted for, prior to initiation of such work. F. User agrees that it will utilize the services of a state -licensed environmental drilling firm, to install the monitor wells. User shall provide written notice to the City prior to commencing work of the identity of the drilling firm. 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; Environmental Use Agreement Page 3 of 14 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 closely 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 Unifoun 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 drilling 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 infoiination 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. Environmental 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. 5. 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. Environmental Use Agreement Page 5 of 14 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 under the City rights -of -way. B. Notwithstanding the provisions of Section 5(C) of this agreement 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 right 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 permit 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 confirmed. 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) Environmental Use Agreement Page 6 of 14 TRVA and CDM 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: 1 Environmental Damages shall mean all claims judgments, damages, losses, penalties, fines, liabilities (including stnct 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 perfoiniance 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 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 Environmental Use Agreement Page 7 of 14 TRVA 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, stornuwater, 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 RESPONSIBLE 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 ACTIONS 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 INJURIhS, 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 FROM USER'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND 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 claims, 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. F. Upon learning of a claim, 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 ten m 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: 1. Commercial General Liability Insurance: $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. $2,000,000.00 aggregate. 2. Environmental Impairment Liability/Pollution Liability: $4,000,000.00 minimum per occurrence 3. Automobile Liability Insurance: a. $1,000,000.00 each accident Environmental Use Agreement Page 9 of 14 TRVA and CDM Smith 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. User shall require its contractors to maintain the following insurance coverage: 1. Commercial General Liability Insurance: $1,000,000.00 per occurrence combined single limit for bodily injury and property damage 2. 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. 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; $500,000.00 disease -policy limit. C. All policies shall contain the following endorsements: Environmental Use Agreement Page 10 of 14 TRVA and CDM Smith 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. 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. Programs 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 a fee 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. Environmental Use Agreement Page 11 of 14 TRVA and CDM Smith 11. NOTICE Any notice or communication required in the administration of this Agreement shall be sent as follows: If to City: Mr. Michael A. Gange, Assistant Director Transportation and Public Works Dept. 1000 Throckmorton St. Fort Worth, TX 76102-6311 If to User: Trinity River Vision Authority Attn: Woody Frossard 307 W. 7th St. Suite 100 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. In 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 CDM 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. Texas. 16 VENUE Venue of any suit or cause of action under this contract shall lie in Tarrant County, 17. AUTHORT7ATION 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. Environmental Use Agreement Page 13 of 14 TRVA and CDM Smith IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate originals in Tarrant County, Texas. TRINTY RIVER VISION AUTHORITY CITY OF FORT WORTH BY: BY: L 9� NAME: tro SSR- ar c1 Fernando Costa TITLE: PrcreJfi2aMaqc <- Assistant City Manager v Date Signed: S / /y Date Signed: 5/67/4 WITNESS: 9,Avniv0744444inar APPROVED AS TO FORM -I , Assistant City Attorney ATTEST: (Signature) �Iaiy Print Name: 3t`' )m �e `1 (Sinnamrel Environmental Use Agreement TRVA and CDM Smith No M&C required FE R©UALL tricf �1 ©UV SECRET/ARV FE3 WY Ng TN age 14 of 14 LEGEND • Proposed Wells FORT WORTH CENTRAL CITY PROPOSED WELL LOCATIONS APRIL2014