HomeMy WebLinkAboutContract 44506-C (2)� �' � . #, .,'� ��s�
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COI�ITIiA.C'9't3ld'S T�NIg'ORAR�.' 12CGII`i' �F �1V7f'RY AGI2EEMENT
THIS TEMPOKARY lti(UI�'4' OI�' �NTRY AGIt�I:MENT (°AgreemenN'), dated
1T� � ^, 2U13 (the "Effeetive Date"), is made by and between the City nf l�ort Woith
{hereinaftoc "City"), 1 home-rule municipal eorporatiion organized under the Iaw� nf tha State af Texas,
acting liy and tlirough its duly auth�ri�ed Assistant City Manager, and j�Y�'d,u Cor7$�Q.UG�/b�
(hereina�er "Contractoi�") in flcenrdar�ce wikh, and as provxded for in that one certain Air Monitoring Site
License A�eemen4 e£Pective �—a„Z.. , 2013 between thc City and the'1'exas:Comtnission'on
Environme�tal Quality {"TCEQ"), a State �f Texas agency, a t�ue and complete cop� of' which has been
provided to Contractor by the City and �vhich is incot�orated herein by reference as if set oui at length
(tha "Licensc") with respcet to an A.ir .(�uality Moiaitoring Station to be installeci, oper�ted, .1nd
miintlined on a Rolling �Iills �'ark lor,ateci ati 2525 Joe F3. Rushing Road, ForC Wbrth, Texas 7G119.
Capitalized terms used, but not defined.herein, shall hava tha mcanings given such terms.in tk�e T,icense.
Contractor acknowledges that it h�s c��refully read the T�icense and is famili�►r w.ith all of the terrris and
conditians containcd thcrein applic;able to Contraetor and its work with ��c-�pec:t to this project.
Subject to the prov�isions hareof and the I,icense, thc City k�ereby grants to Contractor a temporary
eight of entry onto �the Liccnsed Premises fi�om 8—� , 2013 Clu�ough
�=.3 a__ ._ __�, 201 �, solely fnr the purpose of constructizxg, installing, 'maintaining, �r
ope'ratin� the Systom,
T. For purposes of this Agreement, a�l refercnces to Cnntracior sh�tll includa its. coatt�actors,
su6contt•actors, officers, agents and employees, anel others xc�ing under �its or their authoxity.
2, Contraetor shall comply wi�h all: af the applicable ter�i�s, conditions and require�nenis set forth in
the Licettse, axzci to discharge each of TCEQ's obligations under the License with respect, and to the
extent applicabte, to such �vork
3, Contracton c�rcby agrees, in the conduci of its operaticros hereunder, to abide by and comply with
all Laws, and to file al[ repurts or statements required in conneciion with the conduct of its business.
CO1VTItACTQR 5HALC. AND DOES �I�R�BI' �1VDEIV.CNXC'Y, DEFEND, AND �IOLD
�iARMLESS TH� CI'l'X tROM AND AGAINST AlVY AND ALL LOSS, COST bR �:XPL+'NSE
W�IIATSUEVI;12, INCURRCD BY RI;ASON OF .ANY VIOLATIOIV OF SUCH R[Ji,ES AND
REGULe�.'I'Y01�1S BY C('IiVTRA:CT012.
4. (A) CONTIt�CTOR COV�NANTS AND AGR�ES TO AND DO�S ��]{ IirBY
INIiEIY.��1IF'Y, IIOLD �XATT�:MLESS, AND DEF�ND; AT ITS OWN EXPENSE, CITY �+R�M AND
AGANST ANX AND ALL CLAIM,S, LAWSUITS, JCTI)GNIENTS, ACT�OZYS, CAUS�S O�`
ACTION, I�IENS, L,OS���, EXPENS�S, C4STS, F�ES (IPICLCTDING, BU'T NO'd' L1MJ.'.l'rD TO,
rS,TTORNI�Y'� FEES ANll COSTS OF DETF.N,SE}, PROCE�DINGS, D�MANDS, DAIVI�GES,
I,dA��I7CIES, AND/OIt SYI�TS C�F ANX [�IND OR NATURE, Il�iCY.YJDING, BDT N�T LXMI'I'ED
`r0, 'FH[OSP, T�'OR PR�PERTY LOSS (INCLUDING, BUT NOT LIlI4IITED Tn, WORKICRS'
C41M�i�:NSATION ACT LIAIiILITY, I.OST PROFITS, �ND lP'ROPERTY DAMAG�) AND/OR
PERSONAT� INJURX {IN�CLUDING, BUT NOT LIMIT�D TU, llk.`ATI� TO ANY A��iD ALL
PERSONS, OR OTI�R I�iRM TOR WHICH RF:COV�RY QF llAMAGES IS SOUGH'X', OF
WFYAT$OEVER KIND Old C.[j(AItACTER, WFI�T�CI� REAL OR ASSERTTD, ARTSING OUT
O�+ OR R�SULTING �ROM Tl� ACTS, �RRORS, OR OMIVIISSIONS OI' CON7CRACTpR
AT+iD/OR CONTRACTOI�'S SUIiCONTRACTORS AN1D TllEDl2 12ESPECTN� OrFICI��tS,
Air Mouitoring Site Agceemeut behvice;� tltn Ciry of Fo�t K�o�tli
And'Cexas Conunission mi 8nvironmental Quality
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26 of �#9
V E D ����-2-'� .Ii� i�
AGJC+`,N I'S, EMPLOY�F.,�S, DII2CCTOR5, MEN�B�+ 125, PARTNERS, ANP REPRESEIV'�'A'�'NrS IN
CONIV��CTIOIV 'WITH T&t� E7�ECUTION, PE�2.I+ORMANC,I+�, ATT�MPTEll PERF4�ANG'I;,
OR NONP�RTURNtANC�+ nT TI�IS AGREEMENT.
(B) Contracinr ag�•ees to be responsible for and promptly reiz�.aburse the City for any and all
proven dan�ages, loeses ox lzabilities,
{C) CONTRACTUK �IEREF3Y ACKNOWLEDG�S ANll AGR�ES THAT IT HAS REAll
THIS AGIZEEMENT IN ITS BNTIRE`I'Y, THAT IT �S I`�TLX.it' 1NFORMED AND HAS FULL
NOTiCE AND KNOW�,LT}GE OF ALL T�RMS, CUNDITIONS AND EFFECTS O� THIS
AGR�LMENT, THAT IT HA� HAD AN 4PPORTUNITY TU C(�NSULT OR HAS BEEN
REPRESENTEl7 BY LEGAL C4UNSEL OF Ti'S CT�OZCE PRECEDIlVCr T'FiE EXkCUTION O�' TIIIS
AGREEMENT, �1.ND THAT IT RFCOGNIZES THAT CL�1tTAT�i QF' THE TERMS OF THIS
AGRLEM�NT, INCLUDING, WTTHOUT Ll1�IIIATION, TF-IE TBRMS OF PAIZAGRAP�i 4.13,
RESULT IN �UNTRt1.CI'�R GROUP ASSUiVIING CERTAIN LIABILITIES TO THL� FiJI,LEST
EXTENT PERMITTBD BY LAW WI'I'H RESPFCT T(? CBRTATN WORK OR SETt'VTCES AND
RELIEViNG CTTY OF TTS R�SPUNSIBIL,ITY F4K SUCH LIABILITY. CONTItACTOR AGREES
THAT i`�' WII,L NOT CONTBST THE VALIDITY OlZ ENFORCEABILITY OF ANY IND�MNiTX
OR �XCULPATORY PTtOVTSTON OF THIS AGREEMENT INCLUDING, WITHOUI' L�iTA'I'ION,
ON THE BASIS TI3AT CONT1tACTOR HAD NO N4TICE OR KNUWLEI�UE OF SUCH
PROVISIO�t 4R. THAT THB PROVISION WAS NQT "C4NSPICUOUS". IN T�iE EVEN'I' 'I�-TAT
ALL OR t1NY PORTION Ok` 'I'HTS PAKAGRAPH 4 S�TAi.,L B� DEL�MLD TO BF
UNF.NFORCEABT,� �'OR ANX IZ�ASON, TNCLUAING WITI�OLJT LTMTTATIC3N AS A RESULT
OF A DECISrON OF ANY APPLICABLE CO�RT, LEGISLATTVE F.NAG"I'MENT OR
RF,GtJLATURX OItDER, 'T�-IE P.ARTIES AGR�E 'TIIAT '1'�-iIS PAItAGRAPH 4 SHAC,I. BL�
RFFORMED TO MAKE rT ENF�RCL�ABLE AND TO ILE�LL�CT TH� INTENT OF THE �'�l2'ITES,
WHICH IS THAT CONTI2ACTOR S�IALL INDEMI�iIFY AND HOiD �-TARMLI?S� CITY TO TIiE
rULLEST �XTENT P�RMiTTEDBY APl'LZCAf3LE LAW.
S, Y�IZSON�I. PROPEItTY WAI'V�R — ALL 1'�12SONAL pROPERTY, INCI,tJ�)ING, BU'I'
NCUT LIM[`I'�D TO, FIXTURES, EQUIPMENT, OIt KELATED MATEIZIt1LS UPOI*t THE LiCFsNSED
PRLMISES UR TI-� PARK VJiLL TiE AT THE RTSIC 4� CONTr2AC'I'OR ONLY, ANI) CITY �HAI,L
NOT BE Lir�BL� FOR ANY DEIMAC�L� THEREI'� OR THF.I�T THERI?UI�.
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6. Insuran.ce - Contrackor shall, at its sale cost ancf expense, abide by the insurance requirements set
i`orth in the I,icez�se.
7. Contractor, at its owu expanse, sllall adequAtely police and supervise all work to be performed.
8. Safety of personnel, property, and the public is of paramount importaace in the prosecution of the
work �erEormeci by Contractor and any subcontractor. Contractor sha11 be responsible For initiating,
m�intaining and supervising 1ll saFaty, operatiozxs and prograrns in connectian with the woxlr. Contractor
and an� subcon�ractor shall at a rninimum comply with any City safety standards. Without l'zmif�tion of
this provision Contractor �tnd any subcontractor will keep the job sife free from safety and heaith hazards
an.d require its eontractors to ensure that its ampioyees are coznpetent and adenuately trained in all safety
and h�alth aspects o� tha job. .
9. Contractor shall require its employees and any 9ubcont�•aceor to have praper first aid supplies
available on the job site so thaC prompt first aid services may be provided to ftny person injured on the job
site. Contractor shalt havc a non-delegablo dut� to control its employees while thcy are on the job site or
any other property of City, and to be certain they do not use, are urider the influence of, or have in tbeir
Air Monitoring Site Agrecmcnt betwecn ttie City of Fort Wonh
And Teaca.v Commission oa F,nvironm�►teE Quatity 27 of 49
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IN WITNESS WI-IERLOF, the partics hereto have caused tliese presents to Ue executui in duplicate the.
first day and year first abovc; written,
CITY OT TORT WORTFI
by:_
Alanis
3nt Czty Mazxagez•
A1'TESTED IiY:
Mary J. Kayse
City Secretary
Conkract Authorization;
No M&C required
r`�
Air Monito�ing Site A�n•eement 6etween Uic City of Fat Worth
And Texf�s Commission ov Finvi�vnmcufaL Qunlily
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CONTRACTOR
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APPROi�ED AS TO FORM
AND L�GAL�TY,
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/8/2013
DATE: Tuesday, January 08, 2013
LOG NAME: 20ROLLING HILLS TCEQ AIR MONITOR
REFERENCE NO.: **G26039
SUBJECT:
Authorize Execution of an Air Monitoring Site License Agreement with Texas Commission on
Environmental Quality for Rolling Hills Park Located at 2525 Joe B. Rushing Road (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Air Monitoring Site License Agreement
with Texas Commission on Environmental Quality for the Rolling Hills Park located at 2525 Joe B.
Rushing Road for an initial term of three years with a two-year renewal option.
DISCUSSION:
Under the Air Monitoring Site License Agreement (Agreement), the Texas Commission on Environmental
Quality (TCEQ) will install, maintain, and operate an air monitoring station on a portion of Rolling Hills Park
located at 2525 Joe B. Rushing Road, Fort Worth, Texas (Park). The Park contains the Rolling Hills Tree
Farm, which is home to the Forestry Division of the Parks and Community Services Department. TCEQ
will be granted access 24 hours a day, 7 days a week, 365 days a year basis for operation and
maintenance. TCEQ will be responsible for any and all utility costs incurred by the monitoring
station. TCEQ has agreed to restore the property to pre-existing or better condition upon termination or
expiration of the Agreement.
A local advisory group focused on the expansion of TCEQ's air monitoring network in the local area
recommended the Park for placement of a combination weather station and an Automated Gas
Chromatograph with Mass Spectrometry (Auto GC/MS). This equipment once operational will monitor the
ambient air 24 hours a day, 7 days a week, 365 days a year. Data will be available in near real time
through the TCEQ website. During installation, the TCEQ will work with the City to maintain the park's
aesthetics and cooperate where possible on improvements.
An Auto GC/MS monitors the ambient air for a suite of chemicals that include many Volatile Organic
Compounds (VOC) that are emitted from sources such as on-road and off-road vehicles, natural gas
operations, gasoline stations, etc. Data produced will be uploaded through the TCEQ website on a near
real time basis with hourly measurements. The hourly measurements will be used to compare against
short term air standards and the annual average of the data will be used to compare against long term air
standards. The weather station will provide real time information regarding wind speed, wind direction,
temperature, etc. This data will benefit the public by continually monitoring the ambient air for a suite of
chemicals as well as metrological conditions. Data will assist in tree farm maintenance and aid in water
conservation as well as provide a learning tool for tree farm visitors/volunteers and serve in educating the
public on how trees assist in improving air quality.
This monitor will be the first of its kind inside Loop 820 in south Fort Worth.
The property is located in COUNCIL DISTRICT 8.
Logname: 20ROLLING HILLS TCEQ AIR MONITOR R E C E I V E��a4J(�� ��� 2
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material affect on the
City's budget.
FUND CENTERS:
TO Fund/Account/Centers
FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for Citv Manager's Office by:
Fernando Costa (6122)
Oriqinating Department Head:
Additional Information Contact:
ATTACHMENTS
1. rollinqhillsMnC.pdf (Public)
Logname: 20ROLLING HILLS TCEQ AIR MONITOR
Douglas Wiersig (7801)
Michael Gange (6569)
David Creek (5744)
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