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Home My WebLink AboutContract 40248STATE UJV TEXAS COUNTY OF TARRANT AGREEMENT aTr secREranr IQ coraTRAcr rw.: This agreement is made and entered into by and between Terra Industrial Services LLC ( TERRA), 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. TERRA requests approval for the sewer discharge of wastewater from sumps and tanks located at EXXONMOBIL 3600 N. Sylvania, Fort Worth, Texas. 2. The proposed discharge would enter the sewerage system of CITY. II. COVENANTS 1. The CITY agrees to receive water recovered from Tanks and Sumps operated by ExxonMobil 3600 N. Sylvania Fort Worth, Texas, 2. TERRA agrees to utilize a flow meter installed to totalize effluent volume in cubic feet. Water discharged from the sumps and tanks will not exceed the following limitations: All discharges shall be compliant with any ordinance requirement Pollutant Ordinance re uirement (Dail m ) Arsenic 0..25 Cadmium 0.15 Chromium(total) 5.0 Copper 4.0 Lead 2.9 Mercury 0.01 Nickel 2.0 Silver 1.0 Zinc 5.0 Water discharged will not exceed the following limitations: total BTEX of All discharges shall be compliant with any ordinance requirement of the CITY or OFFICIAL. RECORD CITY SECRETARY �T. (NORTH, TX requirement of the Publicly Owned Treatment Works (POTW), and any state and/or federal: laws, regulations, codes, or requirements. If any other parameters are expected or if contaminants are unknown EPA Methods 624/625 and 608 will be performed, limits will be established for those parameters present. 3. TERRA, agrees that the sewer discharge shall not exceed a rate of _50_gpm (gallons per minute); if an increase is desired, TERRA, will request an increase in writing. The CITY will endeavor to respond within 30 days from date of receipt of such request. CITY reserves the right to refuse such request if, in the sole opinion of the CITY such requested increase will adversely affect the CI'TY's treatment plant or collection system. 4. TERRA, 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. TERRA, will be permitted to resume discharge if sampling and investigation show that ExxonMobil, wastewater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. TERRA, also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5. ANYf agrees to collect and analyze samples of the wastewater and report all results to the CITY. Samples to be used for reporting purposes must, at a minimum, be collected monthly and analyzed for benzene, toluene, ethyl benzene, xylene, total petroleum hydrocarbon, and any other pollutants identified at quantifiable levels. CITY realizes project is estimated for 2 days and TERRA will comply if project exceeds 30 days 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(o)(1)(2), (p)(1)(2)(3)(4) except total petroleum hydrocarbons which is listed in standard methods, 18th edition. CITY must receive analysis results within thirty (30) days from sampling date. TERRA, agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is TERRA's responsibility and TERRA, 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 TERRA, with copies of any request from a third party for this information. 6. TERRA, agrees to procure prior to discharge, and maintain during the life of this agreement contract, Environmental Impairment Liability (EIL) insurance which is site 2 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 groundwater is being discharged and carried by Fort Worth's sewer transportation system to the Village Creek Wastewater Treatment Plant. e) Coverage under the EII, 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. 7. TERRA, 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. 8. TERRA, 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) Transportation Fee: A discharge fee based on the CITY billing rates for the volume of wastewater discharged. The Monitoring Fee shall be paid to the CITY prior to the commencement of discharge. The Transportation Fee shall be paid to the CITY upon receipt of a bill for services. 9. Except as a party may otherwise direct by written notice to the other, all correspondence and reports shall be directed as follows: 3 As. Laly Joseph, REM Pretreatment Services Fort Worth Water Department 920 Fournier St. Fort Worth 76102 Mary Barrett, Vice President Terra I/S, LLC 5787 Stadium Dr Kalamazoo, MI 49006 III. INDEMNIFICATION TERRA, 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 suits or claims 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 TERRA, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and TERRA, 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 TERRA, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that TERRA liability shall be limited to that established in Article 625249, 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 32,700 gallons of groundwater located at the facility. If further discharge of treated water is required after the end of this Agreement, TERRA may request renewal of this Agreement. Description Lab Sample ID Matrix Volume in gallons Tank Sump 119 NTD1356-03 Water 11250 Tank #118 + Tank 118 Sump_NTD0194-01 Water 3,250 LRSP Tank NTD0194-08 Water 15,000 LRSP2 NTD0194-10 Water 500 Loading Rack NTD0194-06 Water 500 OWS Tank NTD0194-09 Water 10,000 Tank 907 NTD0194-02 Water 11700 Tank 902 sump NTD0194-05 Water 500 Total 32,700 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 TERRA, 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. III IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement this Jay of , A.D., 200% 1 O City of Fort Worth Attest: By: Cit Se Mr. Fernando Costa Ar � o000000®��i�l� Title: Assistant City Manager 1 4�� c; 0=0 04 y: �QX w o A ebastian Fi , REM 00C) 44 Title: Asst. Dir. Water/Pollution Control �b 0000000 ,,� Fort Worth Water Department A proved as to Form and �X �s'°" �� i( Date: S/X111v T As. Christy Title : TERRA By: Reynolds Title: 5 CITY SECRETARY FT WORTH, TIC