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Home My WebLink AboutContract 31358 ,'ON SECRETARY TRACT NO. I ENVIRONMENTAL ACCESS AGREEMENT THIS Agreement, made as of the 10th day of February, 2005 ("Effective Date") by and between the City of Fort Worth, a home-rule municipality located within Tarrant County, Texas, acting through Libby Watson, its authorized assistant City Manager ("LICENSEE") and Northwest Independent School District, its duly authorized Assistant Superintendent, Dennis McCreary ("LICENSOR"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, and upon the terms and conditions set forth below, to use the area of Licensor's property situated at the 2301 Texan Drive in Fort Worth, Denton County, Texas, more fully described as an undeveloped parcel of land located a the corner of two private roads south of the NISD maintenance building on the NISD campus ("Premises") for the purposes specified in Section 3 below. 2. Licensor shall disclose to Licensee, prior to Licensee entering upon the Premises whether the Premises are subject to existing leases, licenses, easements, or liens. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders or interfere with the use of such improvements. 3. Licensee shall use Premises exclusively as a site for performing environmental and engineering explorations to include one of, or a combination of, the following categories of work: (a) Drilling of soil test borings; (b) Installation of groundwater monitoring wells; (c) Performing groundwater inflow tests on wells; (d) Obtaining groundwater samples from wells; (e) Maintenance and/or checking groundwater level in wells; and (f) Licensee shall not use or store hazardous substances, as defined by the Comprehensive Environmental Response, Compensation, and Liability Act, as amended ("CERCLA") or petroleum or oil as defined by applicable Environmental Laws on the premises. (g) Activities as outlined in Enercon's Scope of Services, dated August 16, 2004, for activities to be performed is attached as Appendix 1. 4. Any contractors or subcontractors performing work on the Premises, or entering the Premises on behalf of Licensee, shall be deemed agents of Licensee for purposes of this License. TERM 5. This License shall commence on the Effective Date and shall continue until March 15, 2005, subject to prior termination as hereinafter described.,.- 1 of 9 `� v•-- - COMPLIANCE WITH LAWS 6. Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants or restrictions relating to the use of the Premises. USE OF PREMISES 7. Licensor shall use the Premises in a manner as the Licensor deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. LICENSEE'S OPERATIONS 8. Licensee shall notify Licensor at least three (3) business days prior to entering the Premises. After completion of use of the Premises for the purpose specified in Section 3, Licensee shall notify Licensor in writing that such use has been completed. 9. Any open hole, boring or well constructed upon Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof_ Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be.- (a) e:(a) filled in to surrounding ground level; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. 10. Upon completion of Licensee's work on the Premises or upon termination of this License, whichever shall occur first, Licensee shall: (a) remove all of its equipment from the Premises; (b) report and restore any damage to the Premises arising from, growing out of, or connected with Licensee's sole use of the Premises; (c) remedy any unsafe conditions on the Premises solely created or aggravated by Licensee; and (d) perform any other work to restore the Premises to substantially the same condition as before Licensee's work on the Premises. 11. Licensee will pay all fees and cost associated with this project. Environmental access agreement ; CRP10.21.04 2 of 9 " -- -,�I -•, _, -,.ilk I 12. Licensee will locate all above and underground utilities both public and private before entering the property and accept responsibilities for damages that may occur during this project. APPLICABLE LAWS AND REGULATIONS 13. Licensee shall comply with all applicable federal, state and local laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA. ALTERATIONS 14. Licensee shall not make any alterations of the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent. TERMINATION 15. (a) This License may be terminated by either party by upon ten (10) days written notice of termination upon the other party. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. (b) Upon termination, should Licensee have installed its monitoring well(s) on the Premises, once Licensee's well(s) are retired, Licensee shall provide Licensor a copy of the closure documents. NOTICES 16. Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, addressed to either party, at the addresses and department shown beneath signature of the parties. SURVIVAL 17. Neither termination nor expiration will release either party from any liability or obligation under this License resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the Premises are restored to its condition as of the Effective Date. RECORDATION 18. It is understood and agreed that this License shall not be filed with the County Clerk for Tarrant County, Texas, for recording. APPLICABLE LAW 19. All questions concerning the interpretation or application of provision -e€-thi Environmental access agreement CRP1021.04 3 of 9 J License shall be decided according to the laws of the State of Texas. SEVERABILITY 20. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. INTEGRATION 21. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. NOTICES 22. Any notice or communication required in the administration of this Agreement shall be sent as follows: If to City: If to User: Mr. Brian Boerner, Director Mr. Mehran Aghili Dept. of Environmental Mgt. Construction Manager City of Fort Worth Northwest Independent School District 1000 Throckmorton St. P.O. Box 77070 Fort Worth, TX 76102-6311 Fort Worth, TX 76177-0070 VENUE 23. Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. GOVERNMENTAL POWERS 24. It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers. 25. Licensee will pay all fees and cost associated with this project. IN WITNESS WHEREOF, this License has been duly executed, in triplicate, by the parties hereto as of the day and year first above written. Environmental access agreement CRP10.21.04 4 of 9 '� LICENSEE LICENSOR City Of F Worth Northwest Independent School District C By: BY ��' Dennis McCreary ibby Watsbh Assistant Superintendent Assistant City Manager I--- Date: A /09 /[)'r Date: �� ATTEST: ATTEST: n k j CA— To_(�'KtQn L _ (print na e) N1Lj Hey-�dv-rK,City Sec tary APPROVED AS TO FORM AND LEGALITY: UIA�_A_ rZ_ . Ass% tant City Attorney) 1 11 LEL Contract Authorization Date Attachment: Appendix 1- ENERCON's Scope of Services, dated 08-16-2004 Environmental access agreement f'1g !-apt°_"'t�i`', CRP10.21.04 5 of 9 APPENDIX 1 ENERCON'S SCOPE OF SERVICES Environmental access agreement V�� N1VtiY CRP10.21.04 6 of 9 •^[7 +j Yr j;k ENERCON SERVICES.INC. '-' An Employee Owned Company 2775 Villa Creek,Suite 120 Dallas,TX 75234 :r:\ (972)4843854 Fax:(972)484-8835 August 16, 2004 Mr. Roger Grantham Environmental Program Manager City of Fort Worth Environmental Management 1000 Throckmorton St. Fort Worth, TX 76102-6311 RE: Proposal for Phase II Subsurface Investigation Northwest Independent School District 1800 State Highway 114 Justin, Denton County, Texas Enercon Project No. FWTHFS001 Dear Mr. Grantham: Enercon Services, Inc. (Enercon) is pleased to present the following proposal to perform a geoprobe subsurface investigation at the above referenced site. Background A Phase I Environmental Site Assessment (ESA) dated June 30, 2004 was prepared for the site referenced above by The City of Fort Worth Department of Environmental Management. The ESA identified a Closed Landfill located approximately 1000 feet northwest of the site, an LPST site located approximately 800 feet southeast of the site, and a former sewage/waste water treatment plant located on the site. Based on the above mentioned information, Enercon proposes to provide the following: SCOPE OF SERVICES 1. Enercon will subcontract Petra Remediation Services, Inc. to install four (4) soil borings on the site. Two of the soil borings will be located in northern portion of the site, one will be located in the southeastern portion of the site, and one will be located in the southwestern portion of the site. The borings will be advanced to depths of approximately 20 feet below ground surface (bgs), groundwater,or auger refusal, whichever is encountered first. 2. Soil samples will be obtained continuously and field screened for volatile organic vapors with a photo-ionization detector("PID"). Environmental access agreement CRP10.21.04 7 of 9 3. The borings will be continuously sampled during drilling activities and logged according to the Unified Soil Classification System so that observations concerning soil types, lithologic changes, and the environmental condition of the encountered soils can be noted. 4. One soil sample will be collected and submitted for laboratory analysis based on the following criteria: Interval exhibiting the highest PID reading, or interval at the groundwater interface, if not detectable PID reading, or bottom of the boring, if no groundwater or detectable PID reading. Samples will be placed into 4-oz. glass sample jars, sealed with teflon-lined lids and placed on ice for transportation to the analytical laboratory. The soil samples collected from the northern and southwestern portions of the site will be analyzed for VOCs(EPA 8260),TPH (TX1005)and 8 RCRA metals(EPA 6010). The soil sample collected from the southeastern portion of the site will be analyzed for VOCs(EPA 8260) and TPH (TX 1005). 5. A temporary monitoring well will be installed in each boring, if groundwater is encountered, and a groundwater sample will be collected from each temporary monitoring well. Groundwater samples if obtained will be analyzed for VOCs(EPA 8260),TPH(TX 1005), 8 RCRA metals(EPA 6010). 6. All sample equipment will be decontaminated between samples using an Alconox/tap water solution, followed by a tap water rinse. 7. All drill cuttings will be placed into City of Fort Worth-provided DOT-approved 55-gallon drums and stored on site for later disposal. Estimated costs for disposal of cuttings are not included in this proposal. 8. Following receipt of laboratory analytical results, Enercon will prepare a report for the City of Fort Worth which will describe the results of this investigation and present site maps, boring logs, photographs of operations, analytical results, and Enercon's conclusions and recommendations. SCHEDULE Enercon will schedule drilling operations immediately upon receipt of notice to proceed from the City of Fort Worth. Delivery of the final report is anticipated within one week after analytical results are received. ESTIMATED COST Consultinp, Services Project Management, Proposal, Report Review— Sr. Project Manager— 12 hours @ $85/hr...................................$1,020.00 QA/QC —Program Director— 1 hr. @ $95/hr.........................................$ 95.00 Clerical—2 hours @ $35/hr. ...................................................................$ 70.00 Drilling Oversight/Travel Time/HASP— 4 47 Environmental access agreement 9 L i _:: �-•. CRP10.21.04 8 of 9 Technical Specialist II —10 hours @ $65/hr..................................$ 650.00 Report Preparation—Technical Specialist II 16 hours @ $65/hr. ..................................................................$ 975.00 Drafting—Technician 11 2 hours @ $50/hr. ..................................................................$ 100.00 Expenses (PPE, camera, filters, PID, mileage, etc.)..................................$ 375.00 Total Estimated Consulting Cost............................................$ 3,285.00 Subcontract Drilling Services Mob/demob, Install four (4)direct push borings, boring abandonment (1 day @ $1700/day)............................................$ 1,690.00 Markup @ 10% ...............................................................$ 169.00 Total Estimated Drilling Cost.................................................$ 1,859.00 TOTAL ESTIMATED PROJECT COST.....................................................$ 5,144.00 Enercon appreciates this opportunity to provide the City of Fort Worth our professional environmental consulting services. If you have any questions or comments, please do not hesitate to call me at (972) 484-3854. Sincerely yours, Enercon Services, Inc. Mark Gray, P.G. Senior Project Manager Environmental access agreement "1� Cr t'1 , ?L;f CRP10.21.04 9 of 9 +� 1� , .�•�??lI� Y�aL,