HomeMy WebLinkAboutContract 45851 CITY SECRETAW
STATE OF TEXAS COMRACT Ml-L' 21i�
COUNTY OF TARRANT
AGREEMENT
This agreement is made and entered into by and between CHEVRON U.S.A., INC.,
(On behalf of CHEVRON PRODUCTS COMPANY (CHEVRON)) 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. CHEVRON requests approval for the sewer discharge of contact water from
the operations at the CHEVRON FORT WORTH TERMINAL located at 2525
BRENNAN, Fort Worth, Texas, 76106. CHEVRON shall conduct an analysis
of the contact water to identify characteristic pollutants in the contact water.
CHEVRON, after the analysis is complete, shall treat the contact water to bring
the pollutant to the acceptable levels described herein prior to discharge into the
sanitary sewer.
2. The proposed discharge may then enter the sewerage system of the CITY.
11. COVENANTS
1. The CITY agrees to receive the pretreated contact water at the levels
described in Section 2 from the CHEVRON FORT WORTH TERMINAL
AT 2525 BRENNAN AVENUE, Fort Worth, Texas.
2. CHEVRON agrees to install and operate a pretreatment facility for the treatment
of contact water prior to discharge into the public sanitary sewerage system. The
pretreatment system shall (at a minimum) consist of:
a) A facility to treat contact water to acceptable and safe limits if needed to
achieve the levels described herein prior to discharge to the sanitary
sewerage system;
b) Sample points installed on effluent lines for water quality monitoring; and
C) A flow meter installed to totalize effluent volume in gallons (to be
reported to the CITY in.., f
OF RECORD
C i TY 1`53�E C R E'11rilk 1 RECEIVED AUG 15 2014
FT, Mi"It'l H,,,, TX
..............
Effluent discharged, from the pretreatment system shall not exceed the limitations
listed below. All discharges shall be compliant with any applicable requirement of
the CITY found in Chapter 12.5 of the City Code or applicable requirement of the
Publicly Owned Treatment Works (POTW), and any applicable state and/or federal
laws, regulations, codes, or requirements. Discharge limits are as follows:
Parameter Effluent Concentration
Limit
(mg/l.)
Arsenic 0025
Cadmium 0.15
Chrorni am 5.0
Copper 4.0
Lead 2.9
'Mercury 0.01.
Nickel 2.0
Silver 1.0
Zinc 5®0
it&Grease 200
Cyanide 1.0
SGT-HEM 10.0
MTBE 2.0
MEK 1.0
BTEX 1.0
TTO (EPA 624 and 625 2.13
co sounds)
5-12
Ii
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3. CHEVRON agrees that the pretreatment system discharge shall not exceed a
rate of 100 gallons per minute; if an increase is desired, CHEVRON will request
an increase in writing. The Cl'lY will endeavor to respond withii.11 30 (lays from
date of receipt of such request. CITY reserves the right to refuse such request if,
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in the sole opinion of the CITY such requested increase will adversely affect the
CITY's treatment plant or collection system.
4. CHEVRON shall 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.
CHEVRON will be permitted to resume discharge if sampling and investigation
prove with the CITY's concurrence that CHEVRON's treated contact water
discharge is not a nuisance odor and/or that sewer LEL levels are equal to or
greater than 10%.
CHEVRON shall also discontinue discharges that violate the discharge
requirements established by this Agreement and may recommence discharge
only when compliance is determined by the City.
5. CHEVRON agrees to collect and analyze characterization samples of the contact
water currently stored on site, effluent (discharge after treatment) from a
treatment system and effluent from the pretreatment system once the system is
placed in full operation and report all results to the CITY.
Samples to be used for reporting purposes must, at a minimum, be collected in
accordance with Attachment A and analyzed for any other pollutants as
identified in the Sampling and Analysis Plan in Attachment A and as agreed to
by the City and CHEVRON.
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 listed in standard methods, 18th edition. CHEVRON
shall submit the written analysis results to the CITY within thirty (30) days from
sampling date.
CHEVRON agrees that although a minimum sampling frequency is stated herein
that continuous and consistent compliance is CHEVRON's responsibility and
CHEVRON will act accordingly to maintain continuous and consistent
compliance. CITY agrees insofar as permitted by law, to keep all these reports
and results confidential and will endeavor to provide CHEVRON with copies of
any request from a third party for this information prior to release of such
information.
6. CHEVRON, agrees to procure or self-assume prior to discharge, and
maintain during the life of this agreement contract, Environmental
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a
Impairment Liability (EIL) insurance or a self-administered claims
guarantee which is site specific at a minimum limit of $3,000,000 each
occurrence. The EIL insurance shall provide coverage arising out of the
CHEVRON discharge 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 that is caused by
or is in any way related to Chevron's discharge to the City's sewer
system.
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 to the extent of the
indemnification obligations and a waiver of subrogation in favor
of the CITY shall be provided to the extent of the indemnity
obligations.
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 or a self-administered claims letter are
required to provide proof of insurance and shall be provided to the
CITY prior to discharge being permitted.
j) CHEVRON shall be permitted to self-assume the insurance
obligations in this Section 6 and provide the CITY with a self-
administered claims letter prior to the discharge being permitted.
7. CHEVRON, agrees to provide the CITY with access to the monitored site within
normal business hours and /or during discharge hours 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. CHEVRON shall 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.
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Transportation Fee: A discharge fee based on the CITY billing rates for the
volume and strength of contact water discharged. Current billing rate is
3.84 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 tot the CITY upon receipt of a bill
for services.
9. Except as a party may otherwise direct by written notice tote other, all
correspondence and reports shall be directed as follows:
citv.f�"Aorta CHEVRON
. Laly Joseph, �. . Lodney Davis
Pretreatment ervices Division Terminal Manager
Fort Worth Water e art ent Chevron Fort Worth Terminal
920 Fournier Street 2525 Brennan
Fort Worth, TX 76102 Fort Worth, TX 76106
III. INDEMNIFICATION
CHEVRON covenants and agrees to, and does hereby, indemnify and hold harmless
defend and I , 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 art of
CHEVRON, its officers, agents, servants, employees or subcontractors in the
performance of this Agreement, and CHEVRON does hereby assume all liability and
responsibility for injuries, claims or suits for damages, to persons or ro er , of
whatsoever of character, whether real or asserted, occurring u ' or risin out
of e performance of this Agreement, as a result of any negligent act of omission or
commission on the part of CHEVRON its officers, agents, servants, employees or
subcontractors in the performance of this Agreement, rovi e o ever, that
CHEVRONS liability shall be limited to that established in Article 625219, Texas Revised
Civil Statues, and other a lice le state statutes and constitutional provisions.
IV. AMENDMENT AND TERMINATION OF AGREEMENT
1. This Agreement may be amended in writing by mutual agreement of e parties
hereto.
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2. This Agreement shall terminate after 1) the discharge of 500,000 gallons of
treated contact water located at the facility or 2) if less than 500,000 gallons
is discharged, CHEVRON provides notification to the CITY that CHEVRON is
ready to terminate the Agreement. If further discharge of treated water is
required after the end of this Agreement, CHEVRON 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 CHEVRON
contact water 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 TPDES permit.
V. 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 A,A)k , A.D., 2014.
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City of Fort Worth
Attest-L-4--i By:
'Pty Sec:�rary Mr. Fernando Costa
Title: Assistant Cit y Mane e,
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Mr.,,�5�bastian Plcf�era, REM
Title: Asst. Dir. Water/Pollution
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Control 0
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S Fort Worth Water Department
w By:
Title:
Approved as to Form and Legality:
I
bAA &)A-41 Date:
Ms. ChPista Lopez-Reynolds
Title: Sr. Assistant City Attorney
Company: CHEVRON U.S.A., INC.
By: Title:
Mr. Lodney Davis Terminal Manager
OFFICIAL. 6'MCORD
C11"11" SECRETPAR Y
WOR'V'H,� Tx
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