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HomeMy WebLinkAboutContract 33200 CITY SECRETARY CONTRACT NO. �—Lt'Lm STATE OF TEXAS COUNTY OF TARRANT AGREEMENT This agreement is made and entered into by and between La Grand Plaza, and the City of Fort Worth (CITY). For and in consideration of the covenants and promises contained herein, the parties hereto agree as follows: I. RECITALS 1. La Grand Plaza requests approval for the sewer discharge of recovered wastewater from an accidental discharge of wastewater into a creek at its Fort Worth, Texas facility located at 4200 South Freeway, Fort Worth, Texas, 76115. La Grand Plaza proposes performing analysis of the wastewater to identify characteristic pollutants known or reasonably expected to be present. La Grand Plaza also proposes to ensure treatment of said wastewater for such pollutants to ensure compliance with the levels described herein prior to discharge into the sanitary sewer. 2. The proposed discharge would enter the sewerage system of the CITY at the following location: Suitable location selected by City. H. COVENANTS 1. The CITY agrees to receive pretreated effluent from a wastewater recovery and pretreatment system operated by La Grand Plaza or its contractors relating to the facility located at 4200 South Freeway,Fort Worth, Texas. 2. La Grand Plaza agrees to install and operate a pretreatment facility, if necessary for the treatment of water prior to discharge into the public sanitary sewerage system. The pretreatment system shall (at a minimum) consist of: a) A facility to treat water to acceptable and safe limits prior to discharge to the sanitary sewerage system; Prior to commencing discharge, documentation shall be provided by La Grand Plaza or its contractors to the CITY that demonstrates wastewater quality standards have been achieved. b) Sample points installed on influent and effluent lines for water quality monitoring; and c) A meter or other method of measurement approved and evidenced in writing by the CITY for the determining discharge volume in cubic feet. 3. Effluent Discharge Limits: Effluent discharged from the pretreatment system will not exceed the following limitations: All discharges shall be compliant with any ordinance requirement Pollutant Ordinance requirement m /L PH 6.0—10.0 units Arsenic 0.1 Cadmium 0.3 Chromium total 5.0 Copper 3.0 Lead 2.9 Mercury .01 Nickel 2.0 Silver 0.1 Zinc 5.0 TPH—GRO 10.0 Volatile TTOs ** 2.0 Total Recoverable Petroleum 200 Hydrocarbons ** Volatile TTOs = Summation of volatile organic compounds listed below: 1,1-Dichloroethane Bromodichloromethane Chloroform Cis-1,2-Dichloroethene Dibromochloromethane Ethylbenzene Perchloroethylene (tetrachloroethene) Toluene Trichloroethene Xylenes All discharges shall be compliant with any ordinance requirement of the CITY or requirement of the Publicly Owned Treatment Works (POTW), and any state and/or federal: laws, regulations, codes, or requirements. 4. La Grand Plaza agrees that the sewer discharge shall not exceed a rate of 100 gpm (gallons per minute)unless otherwise agreed upon and evidenced in writin the_CITY. 2 5. La Grand Plaza agrees to discontinue discharges if the sewer lines receiving the discharge are found at any time to contain an atmosphere equal to 10% of the lower explosive limit and/or exhibit a petroleum-like nuisance odor. La Grand Plaza will be permitted to resume discharge if sampling and investigation show that La Grand Plaza treated wastewater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. La Grand Plaza also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is reestablished and future compliance is assured. 6. La Grand Plaza agrees to collect and analyze samples of the influent (prior to treatment) and the effluent(discharge after treatment) and report all results to the CITY. Sample collection, analytical and notification procedures must conform to methods approved by the U.S. Environmental Protection Agency, listed in 40 CFR 136 and 40 CFR 403.12(0)(1)(2), (p)(1)(2)(3)(4) except total petroleum hydrocarbons which is to be performed using EPA Method 1664 — SGT/HEM, and TPH GRO which is to be completed using method TX1005. CITY must receive analysis results prior to discharge commencement. La Grand Plaza agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is the responsibility of La Grand Plaza and that La Grand Plaza will act accordingly to insure continuous and consistent compliance. CITY agrees insofar as permitted by law, to keep all these reports and results confidential and will endeavor to provide La Grand Plaza with copies of any request from a third party for this information. 7. La Grand Plaza agrees to procure prior to discharge, and maintain during the life of this agreement contract, Environmental Impairment Liability (EIL) insurance which is site specific at a minimum limit of $3,000,000 each occurrence. The EIL insurance shall include but not necessarily be limited to, coverage as follows: a) Sudden and/or accidental environmental impairment, contamination or pollution, and for gradual emissions. b) Clean-up costs. c) Defense costs. d) Damage incurred to any party or to any property while wastewater is being discharged and carried by Fort Worth's sewer transportation system to the Village Creek Wastewater Treatment Plant. s � e) Coverage under the EIL policy shall be maintained for a period of two (2) years after termination or expiration of this agreement. f) CITY shall be endorsed as an additional insured and a waiver of subrogation in favor of the CITY. g) A thirty(30) day notice of cancellation shall be provided to the CITY. h) Maximum deductible of$5,000 per occurrence unless otherwise approved by the CITY. i) Certificates of Insurance are required to provide proof of insurance and shall be provided to the CITY prior to discharge being permitted. 8. La Grand Plaza agrees to provide the CITY with access to the monitored site so that the CITY may monitor/sample at its discretion. CITY agrees, insofar as permitted by law, to keep all results of these samples confidential. 9. La Grand Plaza agrees to compensate the CITY for the cost-of-doing business in the following amounts: a) Monitoring Fee: A payment of$500 for the cost of administering and monitoring the discharge during the agreement period. b) Sewer Discharge Fee: A discharge fee based on the CITY billing rates for the volume of wastewater discharged. The rate is $2.51 per hundred cubic feet(ccf) The Monitoring Fee shall be paid to the CITY prior to the commencement of discharge. The Sewer Discharge Fee shall be paid to the CITY upon receipt of a bill for services. 10. Except as a parry may otherwise direct by written notice to the other, all correspondence and reports shall be directed as follows: City of Fort Worth :,, La Grand Plaza Mr. Sebastian Fichera Mr. Tony Ozona,Manager Pretreatment Services Division Le Grand Plaza of Fort Worth Fort Worth Water Department 4200 South Freeway 920 Fournier Street Fort Worth, Texas 76115 Fort Worth, Texas 76102 III. INDEMNIFICATION La Grand Plaza covenants and agrees to, and does hereby, indemnify and hold harmless and defend the CITY, its officers, agents, and employees, from and against any and all elf S a for damages or injuries, including death, to any and all persons or property, resulting from any negligent act of omission or commission on the part of La Grand Plaza, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and La Grand Plaza does hereby assume all liability and responsibility for injuries, claims or suits for damages, to persons or property, of whatsoever kind of character, whether real or asserted, occurring during or arising out of the performance of this Agreement, as a result of any negligent act of omission or commission on the part of La Grand Plaza , its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that La Grand Plaza ' liability shall be limited to that established in Article 6252-19, Texas Revised Civil Statues, and other applicable state statutes and constitutional provisions. IV. AMENDMENT AND TERMINATION OF AGREEMENT 1. This Agreement may be amended in writing by mutual agreement of the parties hereto. 2. This Agreement shall terminate after the discharge of 2,000,000 gallons of recovered wastewater located at the facility. If further discharge of treated water is required after the end of this Agreement,La Grand Plaza may request renewal of this Agreement. 3. The CITY may terminate this Agreement without notice at any time if, in its sole opinion, the discharge authorized thereunder is adversely affecting the CITY's treatment plant or collection system. In addition, this Agreement may be terminated by the CITY if and when the CITY determines that La Grand Plaza wastewater discharge will subject the CITY to fines, penalties, administrative orders or any enforcement action by state or federal agencies, or require CITY to perform treatment to remove toxicity, including any additional biomonitoring requirements for compliance with CITY's NPDES permit. VENUE Venue and jurisdiction of any suit, right, or cause of action arising under, or in connection with, this contract shall lie exclusively in Tarrant County, Texas. IN WITi�E""Llvi Vrir,nEOF,the parties hereto have made and executed this Agreement this day of f'� 1 I t_I ,A.D., 200 . City of Fort Worth Attest: By: (Jty S retary Rartt &' Title: Assistant City Manager 5 NO M&C REQUIRED JAN-17-06 TUE 02: 12 PM FT WORTH WATER-PSD FAX NO, 817 871 8566 P. 07 3y. Title: Asst. Dir. Water/I'olltit iorn Control foil Worth Water mi—mrtmait. Appi'm ed cis to F=!r-"'Id egaliLy, tv1y. t.`lit'ist�i i l�� Title: Asst. Cily A torncy Ltk GI-itud ('h=iss OfTemw; J