HomeMy WebLinkAboutContract 42523 (2) STATE OF TEXAS CITY SECRETARYZS 2 j
CONTRACT NOS
COUNTY OF TARRANT
AGREEMENT
This agreement is made and entered into by and between SWS Environmental Services;A
behalf of Rar (`nnctrn�t4nzc) Dallas, Texas, 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. SWS Environmental Services requests approval for the sewer discharge of groundwater
from beneath, property owned by James S. Dubose , located at 2000 North Forrest Park
Boulevard in Fort Worth, Texas. SWS Environmental Services proposes performing
analysis of the groundwater to identify characteristic pollutants known or reasonably
expected to be present in the wastewater. SWS Environmental Services also proposes to
treat said wastewater for such pollutants to the levels described herein prior to discharge
into the sanitary sewer.
2. The proposed discharge would enter the sewerage system of CITY.
II. COVENANTS
1. The CITY agrees to receive pretreated effluent from a wastewater recovery and
pretreatment system operated by SWS Environmental Services, 9204 Hwy 287 NW, Fort
Worth, Texas.
2. SWS Environmental Services, agrees to install and operate a pretreatment facility 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;
b) Sample points installed on influent and effluent lines for water quality monitoring;
and
c) A flow meter installed to totalize effluent volume in cubic feet.
Effluent discharged from the pretreatment system will not exceed the following limitations:
All discharges shall be compliant with any ordinance requirement
Pollutant Ordinance requirement (Dail m )
Arsenic 0.25
Cadmium 0.15
Chromium(total) 5.0 OFFICIAL RECORD
CITY SECRETARY
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Copper 4.0
Lead 2.9
Mercury 0.01
Nickel 2.0
Silver 1.0
Zinc 5.0
Effluent discharged from the pretreatment system will not exceed the following limitations:
BTEX of 1.0 mg/L.
Limits for other parameters will be added based on the contaminants present in the
wastewater.
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.
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. SWS Environmental Services, agrees that the sewer discharge shall not exceed a rate of
100 gpm (gallons per minute); if an increase is desired, SWS Environmental Services,
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 CITY's
treatment plant or collection system.
4. SWS Environmental Services, 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. SWS
Environmental Services will be permitted to resume discharge if sampling and
investigation show that SWS Environmental Services treated wastewater discharge is not
the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%.
SWS Environmental Services also agrees to discontinue discharges that violate the
discharge requirements established by this Agreement and may recommence discharge
only when compliance is assured.
5. SWS Environmental Services 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.
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.
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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.
SWS Environmental Services agrees that although a minimum sampling frequency is
stated herein that continuous and consistent compliance is SWS Environmental Services'
responsibility and SWS Environmental Services, 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 SWS Environmental
Services with copies of any request from a third party for this information.
6. SWS Environmental Services 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 groundwater is being
discharged and carried by Fort Worth's sewer transportation system to the Village
Creek Wastewater Treatment Plant.
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.
7. SWS Environmental Services 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.
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8. SWS Environmental Services 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. Current billing rate is $3.24 per CCF (100
cubic feet=748 gallons)
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:
City offort W.orth S nv anmerital Services
Ms. Laly Joseph, REM Mr. Damon Waresback
Pretreatment Services Remedial Service Manager
Fort Worth Water Department 9204 HWY 287
920 Fournier Street Fort Worth, Texas 76131
Fort Worth, Texas 76102
III. INDEMNIFICATION
SWS Environmental Services 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 SWS Environmental
Services, its officers, agents, servants, employees or subcontractors in the performance of this
Agreement, and SWS Environmental Services, 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 SWS Environmental
Services, its officers, agents, servants, employees or subcontractors in the performance of this
Agreement, provided, however, that SWS Environmental Services 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 5 million gallons of groundwater
located at the facility. If further discharge of treated water is required after the end of this
Agreement, SWS Environmental Services may request renewal of this Agreement.
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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 SWS Environmental Services 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 WITNESS WHEREOF, the parties hereto have made and executed this Agreement this
day of—����f \' , A.D., 20
City of Fort Worth
Attest: By:
City S rr Fch� �. c� Mr. Fernando Costa
a v0,000°pp° �4� ssistant City nager
M&C REQUIRED �0NO v B00
y.
a o r rSebashiafichera, REM
oo a. n' Title: Asst. Dir. Water/Pollution Control
>�a0,;00 * Fort Worth Water Department
Approved as to Form and Le�g `V2 - q� �;�f`v
W � Date: //Z*
Ms. Christa R ynolds
Title: Asst. City Attorney
SWS Environmental Services
By: Title: Chief Financial Officer/Secretary
obert Coston
OFFICIAL RECORD
CITY SECRETARY
rT WOPTP TX
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