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Home My WebLink AboutContract 46119 CffV SECRRTAW p�E�?DEPq�j cowmu moa STATE OF TEXAS �ti as Cn COUNTY OF TARRANT AGREEMENT This agreement is made and entered into by and between MAGNUS PACIFIC CORPORATION, (On behalf of MAGNUS PACIFIC CORPORATION) Fort Worth, 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. MAGNUS PACIFIC CORPORATION requests approval for the discharge of ground and surface water from beneath, Former Technicoat Site, located at 301 NE Sixth Street, Fort Worth, Texas 76102. MAGNUS PACIFIC CORPORATION, proposes performing analysis of the ground and surface water to identify characteristic pollutants known or reasonably expected to be present in the ground and surface water. MAGNUS PACIFIC CORPORATION, also proposes to treat said ground and surface water 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. H. COVENANTS 1. The CITY agrees to receive pretreated effluent from a ground and surface water recovery and pretreatment system operated by MAGNUS PACIFIC CORPORATION & 301 NE Sixth Street, Fort Worth, Texas. 2. MAGNUS PACIFIC CORPORATION, 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 m M M a) A facility to treat water to acceptable and safe limits prior to discharge to the M sanitary sewerage system; o 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. OFFICIAL RECORD P. MY SECRETARY F K WORTH,TX Effluent discharged from the pretreatment system will not exceed the following limitations: All discharges shall be compliant with any ordinance requirement Parameter Effluent Concentration Limit (mg/L) Arsenic 0.25 Cadmium 0.15 Chromium 5.0 Copper 4.0 Lead 2.9 Mercury 0.01 Nickel 2.0 Silver 1.0 Zinc 5.0 Oil &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 compounds) Cis-1,2-dichloroethene 0.07 pH 5-12 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. 2 3. MAGNUS PACIFIC CORPORATION, agrees that the ground and surface water discharge shall not exceed a rate of 50-100 gpm (gallons per minute); if an increase is desired, MAGNUS PACIFIC CORPORATION, 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. MAGNUS PACIFIC CORPORATION, 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. MAGNUS PACIFIC CORPORATION, will be permitted to resume discharge if sampling and investigation show that MAGNUS PACIFIC CORPORATION, treated ground and surface water discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. MAGNUS PACIFIC CORPORATION, also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5. MAGNUS PACIFIC CORPORATION, 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 listed in standard methods, 18th edition. CITY must receive analysis results within thirty (30) days from sampling date. MAGNUS PACIFIC CORPORATION, agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is MAGNUS PACIFIC CORPORATION's responsibility and MAGNUS PACIFIC CORPORATION, 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 MAGNUS PACIFIC CORPORATION, with copies of any request from a third parry for this information. 6. MAGNUS PACIFIC CORPORATION, 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. 3 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. MAGNUS PACIFIC CORPORATION, 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. MAGNUS PACIFIC CORPORATION, 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 groundwater 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 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: itv c► 'c rt W± rth MAGN US PACH1,CC C,0R 0RA'I`10 Ms. Laly Joseph, REM Mr. Jeff Sallas Pretreatment Services 100 W Oak St, Suite 301 Fort Worth Water Department Denton, TX 76201 4 920 Fournier Street Fort Worth, Texas 76102 III. INDEMNIFICATION MAGNUS PACIFIC CORPORATION, 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 MAGNUS PACIFIC CORPORATION, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and MAGNUS PACIFIC CORPORATION, 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 MAGNUS PACIFIC CORPORATION, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that MAGNUS PACIFIC CORPORATION 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 410,000 gallons of groundwater located at the facility. If further discharge of treated water is required after the end of this Agreement, MAGNUS PACIFIC CORPORATION 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 MAGNUS PACIFIC CORPORATION, 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. 5 IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement this 21_ day of October ,A.D., 20 14 City of Fort Worth Attest: By: �.....—� L-- Sec t �� Mr. Fernando Costa Q 0000 ® Title: Assist an ity Manager iL o g ° y' ' Sebastian Fh era,REM !b° °. itle: Asst. Dir. Water/Pollution Control 0000°°°°° � Approved as to Form and Legality:�FXAS Fort Worth Water Department � Date: Ms. CKrista Reynol Vs Title : Asst. City Attorney MAGNUS PAC C CORPORATION By: Title: Gry OFFICIAL RECORD CITY SECRETARY GAT'. WORTH, 7K X10 M&C rr,,Q .1tRED 6