HomeMy WebLinkAboutContract 22455 r
STATE OF 'l EXAAS
COUNTY OF TARRANT
,?IWXU OF JYA._YUSE AGREU NT
This Agre rnent is enter.,d by and between the City of Fort Worth, a home-r=ile municipal
corporation situated in Tarrant Cour.q, Texas, hereinafter called "C:ity," acting herein by and
through Charles Doswell, its duly authorized Assistant City Manager, and ��ina Oil and Chemical
Company, hereinafter referred to as "User," pursuant to the requirements of Chapter 12.5,
Division 4, of the City Code of the City of Fort Wo rth_
1. r
GRANT OF USE
A. City agrees to permit User to install and maintain two enviro ,mental monitor wells
("well") on City-owned right-of-way and other property as follows, and as shown on the
map attached hereto as Exhibit "A" whit:-lt is incorporated into and made a. Dart of this
agreement as if yet forth fully l,-rein:
1. Two monitor wells, to be known as MW-4 and MW-5, to be located within the
roadway of the 5600 block of Malvey Street, Fort'Worth, Texas.
B. User shall have no property rights to any property in which a well is installed, and access
to the property shall be nonexclusive at the City's discretion.
z.
REGULATION OF CONSTRUCTION
A. The tops of wells MW-4 and MW-5 shall be flush with the roadway surface in a three foot
by three foot concrete pad.
13. User shall ensure that the person who performs the drilling and installation of the well and
probe, or other party with appropriate oversight of the drilling project, is properly licensed
and bonded to perform work in City's property or public right-of-way
C. User shall install, maintain, and monitor the well:
1 . in accordance with the City of For. Worth's Standard Specifications for Stret:t and
Storm Drain Construction, which is hereby incorporated into and made a part of
this agreement as if fully set forth herein:
J*1' 2. so that [here is minimal disturbai to traffic and :o the peace of the surrounding
ncrg hl,orhoods;
i, ,., iha; n.= eiiscli:.u,�es ,uc nr,i�j=� , , riti..�i the• C;t�'� �nunicit ;il ,c{gar;+�_ �turtn tie�tier
4. so that the (penings tc the monitoring wells arc prc'ec;ted at all times with propu,:dy
functioning locking caps.
' When User performs or causes the performance of any woi k in the right-of-way or other
public property;, or so closely adjacent to such places as'to create hazards for the public,
User, its employees, or contractor shall provide construction and maintenance signs and
sufficient barricades at work sites to protect the public, equipment, and worksr:en. The
application of such traffL control devices shhall be consistent with the standards and
provisions of the latest addit:on to the Texas Manual on Urtiform 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.
E. User shall ensure that its contractor contacts the City's Department of Engineering at least J:
forty--eight (48) hours before drilling commences, and that the contractor complies with
alt requirements of the City's utility inspectors.'
F. User shall ensure that it has received written clearance from all City-franchised utility
comt)anies prior to the commencement of drilling, and that the City has been provided with
a copy of said clearances.
3.
INSPECTIONS
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The City Traffic Engine--r and the City' Environmental Manager, and their authorized
representatives, are authorized to inspect User's operations at all reasonable times and to halt
User's operations wh°n necessary to protect the environment or the traveling public. User shall
ensure that its contractor complies with ali oiAers to halt operations given pursuant to this
paragraph.
4.
REPORTS; MITIGATION OF CONTAMINATION
A. User agrees to provide City with appropr,ate documentation indicating the completion date
of monitoring/sampling, geological conditions, certification of proper completion, any
findings regarding the presence or non-presence of contamination, rest results generated
as a result of said monitoring wells, and any other information submitted to the Texas
Natural Resources Conservation Commission or as may be requested by the City.
E. If em ironmental monitoring confirms cor , Iination of soil of groundwater within the
City's right-of-way or other property, User shall notify the City's Department of
Environmental Management of samc in writing within ter (14) days after learning of the
confirmation of the contamination. User shall cooperate with the City in mitigating the
cont aminatiop. as necessary. User •..grees that in the event contamination is determined to
be present within the City owned right-of-way cr other property, to take all steps
necessary to remediate said contamination attributable to and resulting from User's
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activities. Such remedistion shall be at User's sole cost and expense ill act ord.ance with
the procedures and standards set forth by tale Tt;xas natural Resources Conservation
Commission and/or the United States Gnviror.rnental Protection Anen::y.
a,
RESTORATION OF RIGHT-OF-WAY
A. User shall repair, clean up and restore all.rights-of-way and other City property disturbed
during the instailation, maintenance, and sampling of wells, and shall warrant th° repairs
and restoration of such rights-of-way and other property for a period of two years frent
the date of completion of same. 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 and their
surfaces have been returned to substantially the same condition shall b°made by the City's
Director of Transportation and Public Works or his designee.
B City shall have the i ight 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, of it as emergency exists
which precludes the City frora giving notice to User prior to responding, City shall have:
:he right to remove or abate satrie at the expense of User, all without compensation sr
liability for damages to User.
C. Within thirty (30) days of the expiration or earlier termination of this agreement, User
shall remove the well and restore the City's right-of-way and ,ether 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
removal and the right-of-way/property to be restored without notice to User. User shall
pay City for all costs incurred.by City in said removal and restoration.
RELOCATION OF MONITORING WELLS
A. User, at its sole cost and expense, and at City's request (without claim for reimours=ent
or damages against the City), shall relocate the wells where necessary due to street
co;istruction or reconstruction by or on behalf of the City, of due to the construction or
relocation of City utility lines, including but not limited to water, sanitary sewer, storm
drains, street lights and traffi.; signal. conduits, or due to any other work by or on behalf
of the City or general public in o, under the City rights-of-way.
B. If C!ty requires User to relocate its wells pursuant to part A of this paragraph, User shall
relocate or remove its wells upon, receiving a written directive from City to do so. In the
event User fails t« comply with the directive, the City sha., have the right to relocate of
remove or cause the relocatior or removal of the wells, and User shall reimburse City for
all its costs.
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C. City rf-wrves the right to be laid and repaired, sewer, gas, water acid othkkr
pipelines, t:,ables, c-,Aiduits, other sivoilar f(al-ilitles in, alome. Over, or under any rights-
of-way and other C:,y prop-ril, -ccupied by user pur,;vant to diis agn,eirient. City ikirther
reserves the right to require User to remove or relocate its wells to enable use of dle
rights-of-way (r other property by City' franchisees, licensees, and invitees, (I ity slia.7
not be liable to User for any (famages, loss or expenses arising out of performance of
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such work or the relocation or removal of User's wells; however, nothing herein shall
relit n— an,,,r othei pers-in or corporatiou from lLolity for dan-age to User's wells,
equipment, and other facilities,
7.
TERM
The term of this agreement shall be for a period of two (2) years from the date of its
execution if no contamination is confirmed through the well. If contamination is confirmed
through the well within twc years following the exec,ition of the agreement, the term of the
agreement shal. be for a period of five (5) years from the date of its execution.
INDEMKIFICAT10`04'
A. Ddinition In this paragraph, the following words and phrases shall be defined as
follows:
1. Environmental Darnages 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 &: not such claim is
ultimately defeated, and of any good faith settlement of judgment, of whatever kind
or nature, contingent or otherwise, matured or urim-itured, foreseeable or
unforeseeable, including without limitation reasonable attorney's fees and
disbursements and consultant's fees, any of which are incurred as P. 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 rernediwion 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
performance of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by any
federal, state or local (loverDrilental agency or political subdivision, or
otherwise expended in connection with the existence of such monitoring
Wells Or violations Or environmental requirements, and including without
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linnuition any attorney's fees, costs and expenses incurred in enfoici,ng t ris
contract.OT Collecti_' ail)) u;n due
C. LiabiFty to any third or governmeatal o ueacy to indemi ify such
r,,,rson or agency for costs expended in connection with the items
: :fcren(.ed in subpa-ragrapb (b) here-i-
2. -nvirorunental r'eeUirernents shall.rnean all ap,,Oicable n.resent and future statutes,
regulations, rules, plans, auCiorizatios�s, coaccssions, franchises,and similar items,
of ,.ill gover iriv ,�a1 agencies, departments, commissions, boards, bureaus, or
instrumentalities; Of Ole United States, states, and politicrl subdivisions thereof and
all applicable judicial, administrative, and regulatory decrees, judgments, and
orders relating to ihE protection of human health or the environment, including
without limitation:
a, All requirements, including, but not limited io, .hose pertaining to
reporting, ?ice:3sing, 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
stature; and
b.
--Ml requirvmeutls pertainii to the protection of the health and saf,:; c-.
employees or the public.
B. Qer-ral Ind.gjficati 7J.e does hereby release, indemnify, reimburse, defend, and
hold harmless the City, its officers, agents, etnployes.;s, and volunteers, 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 personai injuay, andlor 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 joiyft negliger-e of User, its officers, agents, employees, or contractors
and any other person or entity.
C. Environmental Indemnification. User f-lnes hereby release, indemnify, defend, reimburse,
and hold harmless the City, its officers, agents, employees, and volunteers, against any
and all envi„onmental damage., and the violati.-,n of any and all environmental requirements
resulting from User's operations under this agreement.
D. The obligations of the User under this paragraph shall inclufie, but not be limited to, the
burden and expense of defending all claiznz, suits am-' a `ministrative p,oceeding- (with
counsel reasonably approved by the Ci'.y'. even if suLh claims. suits or proceedings are
aroundlcss. false, or fraudulew. and �-.onducting all ne-�tlatjons of any dc-,cription, and
paying; , ad discharging, when and as the same become due, any and all ,judgments,
penalties e other sums due against siich indemnified persons.
E. Upon learning M. a C Liri,, lawsuit, or other liability which Usc;, is required hereundcr to
indemnify, C:aty shy-" 1, o-ide User with reasonable timc,ly notice of same.
F. The obligations of the User under this paragraph sh 11 survive the expiration or
termination of this agreement and,t. di,.barge of 411 other obligations owed by the parties
trr each outer hereunder.
9.
INSURANCE
,x.
A. During :ae mrm 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 !,
!a
agreement:
t,
1. Conunercial. Ge.ieral LiaHlity Insurance.
$1,000,000.00 per occu-rmce
2. Lnviron-nental impairment Li:_bilityll'ollution Liability: i
i
$1,000,000.00 mit�amurn per occurrence
3. Automobile Liability Insurance '
$1,000,000 each accident
Coverage shall be on "any" auto, including 1--ased, fired, owned, non-owned and
borrowed ,-ehicles.
B. User shall require its contractor, such rs Groundwater Technology, to maintain the
fallowing insurance coverage:
?. Commercial General Liability Insurance:
$1,000,000 per occurrence
Automobile Liability Insurance:
$1,000,000.00 each accident
Coverage shall be on "any auto," including ;e,, ed, hired, owned, non-owned ai d
borrowed vehicles.
3. Workers' i' n>pensation Insurance
Inv 1:.;�rrnuu
"0'bloc, ki:fkcy Si.
Finn Oil&ChCMILAI('o
a. Statutory limits for Workers' Compensatiui,; piu;,
��. Employer's IJ. bihty
$500,00v each accident/disease policy limit/disease each emplovecc
C. All policies shall contain the following endorsements:
1. City shall be named as an additional insured on all policies in respect to the
rn,onitoring wells and the operations under this agreement-.
2. City shall to notified a minimum of thirty (30) days prior to the cancellation or
non-renewal of, or mat.cri'd changes to said policies; and
3. All policies shall be endorsed with waivers of suorogation, it favor of City.
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D. The insurers for all policies must be approved to do business in the Sate of Texas lid b--
currently rated in terms --f financial strength and solvency to the satsfaction of the
Director of Risk Management for the City of Fort 5"ort".
E. Programs of self-insuran,..e in lieu of commercial insurance policies steal! be approved by i
the Director cf Risk Management, and, as applicable, 1-:re-approved by the 7 exas
Departanent of Insurance.
F. The deductibles or self insured reteation (SIR) affecting the insurance coverage required
shall be acceptable to the Risk 'Aanager of the City of Fort Word., and, in lieu of
traditional insurance, alternative coverage maintained through insurance pools or risk
relations groups must be also a�sproved.
G. User shall provide the City with certificates of insurance documenting User's and User's
contractor(s)'s coverage as outlined above prier to conune.acing any operations rider this l
agreement. Certificates shall be submitted to the Director of Environmental Management.
11. Failure on part of the City to request docum:,,tation of insurance required herein shall not
be construed as a waiver of the requirement for same.
I. The City's Risk Manager is hereby authorized to reduce the insurance requirements set
forth above in the event he/she determines that such reduction is in the City's best interest.
CONSIDERATION
In consideration for the use herein granted, I_Jser agrees to pay City a fee in th; :,,mount
of $250.00 (tvm hundred fifty dollars and no c.-ntsl, which. is due and payable upon User's
acceptance of this agrcemmnt.
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11'
NO-17C�,
/\/,� nodc�o� coouuuujoahoonmgu�rcdiodemjndnio�ukx o[this agneemer� shall boaen�
.'s "oDnwo:
If to City: If to 0Ser:
!-IscolConrdinator - Dept. ofPlanning & Encinccr �p
I>oot. of—Euvirouuen1n� Mgt- llcul(b Sub:t' & hovirourv,./xa|
�i!y of Fort Word/ Fiom Oil & Cbcinical Co.
l008IbmokoortonSL. #214 P.O. Box 2159
Foil Worth, T}{ 76102'6311 Dallas, TX 752�`
1%.
TERMINATION
laU/r event User debmi1uun the pvrfconaocoof any uf its obligations under this agreement
or misrepresents to the City nmateriul fact, dxrC!iy shall have u right 8uteroiouke this agneexuco1
upon giving the User written notice describing the breach oroodxaioo in reasonable detail. The
Duocobu\lbuvcutco (lU) duyprrimdcoruoeociogupootb* datcofoohcenfdcfaoltinvvbicbk/
effect a Corc. IfUu' User fails to effect u cure rvi,hjo the aforesaid too (10) day period, the City
may terminate this agreement hv written notice 0ouser.
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GOVERNING LAWS
It is mutually agreed and understood that this agreement is made and entered into by City
and user with reference to the existing Charter and Ordinances of City and the laws ofthe State
ofTexas, and of the United States, which govern all matters affecting this agreement, and User
agccto to comply fully with all the provisions of same.
l4^ !
ENTIRETY �
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This ogrcenucntcnnadt-uDcz the entire agreement by the parties hereunder, and any ponz �
or contemporaneous oco\ or vvritt!o agreements shall be void. This agreement may be amended (
or changed only hy the written agreement of both parties. |
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G0VETRABKLDTY
In case any one or more of the provisions mnVuimx^ in the agreement shall for any reason
be held n` hu invuDd. illegal, oruntnK/rccuh|,- in any roupox, such invalidity, Ulognldy, or
un�n�or�cuNU/} nbaU not affect any n\bcr provision of/nis agreement. and this agc000eo1 shall
be construed as if Such invalid, iUcgaL or uocn[orrcahh provisions had never been contained
kereix.
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s~ r," 'C,/� y
VE NUI E
Venue ofaRy suit oc cause of action under this contract st alb lie in Tarrant County, Texas.
Jl`4 T
WITNESS WHERE"NIA the parties hereto have exec: -0 this agreement in triplicate by their
authorized representatives on this __5
clay of 1994.?
FINA 011.AND CHEMICAL C.MPANY CITY OF FORT WORTTH
&- BY:--
(Signature) OW
Charles Bos,.vell, Asst. City Manager
Print Name: fl�k. k;i
Title: 14"6
WiTNESS: APPROVED AS TO FORM& LEGALITY:
01
(Signature) at 'n A an n, _ C At torney
As City Attoey
Print 0� 11�1/1t/
C
ATTEST:
A' e Church, CitySecretary
(No M&C Required)
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