HomeMy WebLinkAboutContract 46751 01Y SECRJETARt,"
CONTRACT X O.
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENT
COUNTY OF TARRANT §
RIGHT-OF-WAY USE AGREEMENT
This Agreement is entered into by and between the City of Fort Worth, a home-rule
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter
called "City", acting herein through Fernando Costa, it's duly authorized Assistant City Manager
and both Southwest Industrial Services, Inc., hereinafter referred to as "Property Owner", acting
herein through Mike Goold, it's duly authorized president, and W&M Environmental Group,
LLC, hereinafter referred to as "Consultant". Throughout this agreement, the Property Owner
and the Consultant are collectively and individually referred to as the "User". This agreement is
entered into pursuant to the requirements of Chapter 12.5, Division 4, of the City Code of the
City of Fort Worth.
NOW THEREFORE, it is agreed as follows:
1.
GRANT OF USE
A. City agrees to permit User to install and maintain two monitor wells and to drill soil
borings within a 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:
Two (2) monitoring wells to be located within the City Right-of-
Way which is in the alleyway to the east of the building located at
2920 N Main Street. Legal Description: Lots 13 thru 15, Block 66
in the M. G. Ellis Addition, City of Fort Worth, Tarrant County,
Texas.
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 which
,. meets the requirements of the Texas Manual on Uniform Traffic Control Devices and
rr" shall obtain approval of the plan prior to the commencement of any work under this
Z Agreement. User shall provide a copy of such License and approved Traffic Control Plan
M to the Environmental Manager.
c
z
OFFICIAL RECORD
lag CITY SECRETARY
CA i FT. WORTH, TX
Right of Way Use Agreement for Environmental,Monitoring Page 1 of 13
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 RIGHT-OF-WAY IDENTIFIED
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 USE OF ANY PROPERTY NOT OWNED BY THE CITY.
USER AGREES IT IS SOLELY AND ENTIRELY RESPONSIBLE 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 THE SURFACE
AND SUBSURFACE PROPERTY INTERESTS, AND USER SHALL INDEMNIFY
THE CITY AGAINST ANY DAMAGES OR CAUSE OF ACTION RESULTING
FROM USER'S FAILURE TO OBTAIN APPROPRIATE PERMISSIONS FROM
PERSONS NOT A PARTY TO THIS AGREEMENT.
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 for Installation of Monitoring Wells
dated April 15, 2015, which is incorporated into this Agreement by reference.
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 Water Code, Chapter 32, 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 has indicated that it will utilize the services of Strata Core Services, LLC, which it
certifies is a state-licensed environmental drilling firm, to install the monitor wells. If
Right of Way Use Agreement for Environmental Monitoring Page 2 of 13
User determines that it will be necessary to contract with another company, User agrees
to obtain written acceptance by the City prior to initiation of any drilling or installation.
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;
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 opening to the monitor well is protected at all times with a properly
functioning locking cap.
I. When User performs or causes the performance of any work including measurements or
sampling of the wells that are 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 Uniform 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
Right of Way Use Agreement for Environmental Monitoring Page 3 of 13
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 information 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 their 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.
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 fmdings regarding the presence or non-presence of contamination, test results
generated as a result of said monitoring well, 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 Transportation and
Public Works Department, 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
Right of Way Use Agreement for Environmental Monitoring Page 4 of 13
from the date of completion of same. 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.
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 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 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 (7) 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
Right of Way Use Agreement for Environmental Monitoring Page 5 of 13
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 two
years from the execution of this agreement if no contamination is confirmed. In the event
contamination is confirmed through use of the wells, the term of the Agreement may be extended
for a period of five (5) years from the date of its execution, 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 strict 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 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, the
environment, 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
performance of any cleanup, remediation, removal, response, abatement,
containment, closure, restoration or monitoring work required by any
Right of Way Use Agreement for Environmental Monitoring Page 6 of 13
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 of any kind,
including but not limited to fines, penalties, or settlements.
2. Environmental requirements shall mean all applicable present and future statutes,
regulations, rules, plans, authorizations, 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 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, 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 nature; and
b. All requirements pertaining to the protection of the health and safety of
employees or the public.
B. General Indemnification. USER DOES HEREBY AGREE TO 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 REAL
OR PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH,
OCCURRING AS A CONSEQUENCE OF THE USER'S OPERATIONS UNDER
THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE
CAUSED BY THE NEGLIGENCE OR OTHER TORT, INCLUDING TRESPASS,
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.
C. Environmental Indemnification. USER DOES HEREBY AGREE TO RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY,
ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL
ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL
Right of Way Use Agreement for Environmental Monitoring Page 7 of 13
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.
D. 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.
E. 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.
F. All Users under this contract agree that they assume joint and several liability for any
claim by the City or for a third party claim against the City for general or environmental
damages caused by any of the Users herein.
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 term 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
Right of Way Use Agreement far Environmental Monitoring Page 8 of 13
3. Automobile Liability Insurance:
a. $1,000,000.00 each accident
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:
I. 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:
Right of 4'qy Use Agreement for Environmental Monitoring Page 9 of 13
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.
Right of Way Use Agreement for.Environmental Monitoring Page 10 of 13
11.
NOTICE
Any notice or communication required in the administration of this Agreement shall be
sent as follows:
If to City: If to User:
Mr. Michael A. Gange, Assistant Director Mr Mike Goold, President
TPW - Environmental Management Southwest Industrial Services, Inc.
City of Fort Worth 2413 Whitmore
1000 Throckmorton St. Fort Worth TX 76107
Fort Worth, TX 76102-6311 and
Frank W. Clark
Division Manager
W&M Environmental Group, LLC
906 E. 18" St
Plano TX 75074
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,
obligations, and liabilities set forth in Paragraph 8, "INDEMNIFICATION", shall
survive the expiration or termination of this Agreement.
Right of Way Use Agreement for Environmental Monitoring Page 11 of 13
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.
16.
VENUE
Venue of any suit or cause of action under this contract shall lie in Tarrant County,
Texas.
17.
AUTHORIZATION
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 parry hereby certifies to the other that any necessary resolutions extending such
authority have been duly passed and are now in full force and effect.
Right of Way Use Agreement for Environmental Monitoring Page 12 of 13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
originals in Tarrant County, Texas.
W&M Environmental Group,LLC. CITY OF FORT WORTH
Consultant
BY: BY: /4u I4
Fernando Costa
NAME: 11051G. C4*4e Assistant City Manager
TITLE: —5-R, C'D/1/S-t/L%.�fT
Date Signed: t;�1169
Date Signed: to S�
WI ESS: APPROVED AS TO FORM
Arthur N. Bashor
(Signature) Assistant City Attorney
Print Name: �jzg �1�,,, p 0 FO1?�
ATTEST:
VC
SOUTHWEST INDUSTRIAL SERVICES,INC. Mary J. r °ate
Property Owner City Secr ary ,A►"°�e«,°°°° SIC
�xeas
BY: !� ptPJ` J. 0
NAME: M I«}A&L CrOOLD
TITLE: Aef, 51 1 S NO M&C REQUIRED
Date Signed: 6l 9L i.5'
WITNESS:
( ignature)
Print Name: Y11 11,<< 79-= !C ,e, o'L/t-Z OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Right of Way Use Agreement for Environmental Monitoring Page 13 of 3
Island 1 Quick 1
Stop ;1
Used Car Lot
°c 1
(3000 N.Main ST.) 1 0.
11
x — x x x -- x
NW 30th STRFE•T S _ _ 8�� SS•
�1 L 504-
Vent 1 Vv7VA
' ` • Former
` Advance Vent
Chrome ` i Proposed
Connection `, Monitoring
Wells
1 4 ,, \ Mw-01� , �,`,
Island
�+1, 1 Overgrown
` ` \ Area
1 Vent
1 1
® el,%
1 Norman Radiatort \� City of
` (2916 K Main SL) '� Fort Worth
R.O.W.
1' X �
1
Legend
Figure 1
—•—•—•— ApproaIn1e'e Site Boundary Site Layout-rroposea Wells
— : — a — Fence 2920 North Main Street
MMI-01 Monitoring well Location
0' 25' 50' Fort Worth,Texas
1 Propoeed Monitoring well Location APPROXa[ATE $CALF
4/9415 W&M Pro•ect No. 1255.001.003 IRAPI Drawn By: BV I Checked B : FC WMI*r..