HomeMy WebLinkAboutContract 46582 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS
COUNTY OF TARRANT
AGREEMENT
This agreement is made and entered into by and between SJ Louis Construction of Texas LTD
(COMPANY) 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. City of Fort Worth owns the location at 6901 Randol Mill Rd. As general contractor for
the Sanitary Sewer Replacement M-253, Part 3, SJ Louis seeks approval to discharge
wastewater from the property to the CITY's sanitary sewer system on the property. The
wastewater to be discharged is to be derived from the excavation. COMPANY proposes
performing analysis of the source to identify characteristic pollutants known or
reasonably expected to be present in the wastewater. COMPANY also proposes to treat
said wastewater for such pollutants, if necessary, to achieve 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, if necessary, a wastewater
pretreatment system operated by Company.
2. COMPANY agrees, if necessary, 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, if needed:
a) A facility to treat water to acceptable and safe limits, if needed, to achieve the levels
M described herein prior to discharge to the sanitary sewerage system; Prior to
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M commencing discharge, documentation shall be provided by COMPANY to the CITY
rrnn that demonstrates wastewater quality standards have been achieved;
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xb) A meter or other method of measurement approved and evidenced in writing by the
o CITY for determining effluent volume for reporting to the CITY in cubic feei.
OFFICIAL RECORD
s CITY SECRETARY
FT.WORTH,TX
Effluent discharged from the pretreatment system will not exceed the following limitations:
total petroleum hydrocarbons (TPH) of 10.0 mg/l and methyl tertiary butyl ether (MTBE)
of 2.0 mg/1. All discharges shall be compliant with any applicable ordinance requirement
of the CITY or applicable requirement of the Publicly Owned Treatment Works (POTW),
and any applicable state and/or federal laws, regulations, codes, or requirements. Other
applicable discharge limits are as follows:
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)
pH 5-12
3. COMPANY agrees that the sewer discharge shall not exceed a rate of 100 gpm (gallons
per minute); if an increase is desired, Company will request an increase in writing. The
CITY will endeavor to respond within 30 days from date of receipt of such request.
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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. COMPANY 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. COMPANY will be permitted to resume
discharge if sampling and investigation show that Company treated wastewater discharge
is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%.
COMPANY also agrees to discontinue discharges that violate the discharge requirements
established by this Agreement and may recommence discharge only when compliance is
assured.
5. If required, COMPANY 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, ethylbenzene, xylenes (BTEX), methyl tertiary butyl ether
(MTBE), total petroleum hydrocarbons (TPH), and any other pollutants limited in this
agreement that become contaminants of concern based on process knowledge. For
example, if sandblasting of lead-based paint were performed in a containment dike, then
prior to discharge of contact storm water from the dike, samples of the water would be
analyzed for all metals limited in this agreement and present in the coating.
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.
COMPANY agrees that although a minimum sampling frequency is stated herein that
continuous and consistent compliance is COMPANY'S responsibility and COMPANY
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 COMPANY with copies of any request from a third party for this information
prior to release of such information.
6. Company agrees to procure prior to discharge, and maintain during the life of this
agreement, Environmental Impairment Liability (EIL) insurance which is site specific at a
minimum limit of $3,000,000 each occurrence. (Provided, however, that COMPANY
shall be entitled, at its election, to "self insure" the risks [i.e., absorb the liability for such
risks] that would have been covered by such EIL insurance, as detailed below in this
Paragraph, had such policy actually been procured, and provided that Company's election
to "self-insure" obtains prior, written approval from the CITY's Department of Risk
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Management.) 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 City's sewer transportation system to the City of
Forth Worth's Wastewater Treatment Plant, to the extent of Company's
indemnity obligation hereunder.
e) Coverage under the EIL policy shall be maintained for a period of two (2)
years after termination or expiration of this agreement.
0 CITY shall be endorsed as an additional insured and a waiver of
subrogation in favor of the CITY, to the extent of Company's indemnity
obligation hereunder.
g) A thirty (30) day notice of cancellation shall be provided to the CITY.
h) [DELETED]
i) Certificates of Insurance are required to provide proof of insurance and shall be provided
to the CITY prior to discharge being permitted (except to the extent that Company elects to
self-insure hereunder, as provided for above).
7. COMPANY shall submit proof(certificate of insurance) for Commercial General
Liability in the amount of$3,000,000 per occurrence and $3,000,000 in the aggregate,
naming the CFW as additional insured to the extent of COMPANY's indemnity
obligation hereunder.
8. COMPANY 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. COMPANY 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 and strength 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.
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10. Except as a party may otherwise direct by written notice to the other, all correspondence
and reports shall be directed as follows:
City of Fort Worth INSERT COMPANY NAME
Contact Info Contact Info
City of Fort Worth SJ Louis Construction LTD
Water Department Austin Markey
Christy Anderson 520 S. 6th Ave
Madelene Rafalko (512) 318-4565
817-392-8305
III. INDEMNIFICATION
COMPANY 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 COMPANY its officers, agents, servants,
employees or subcontractors in the performance of this Agreement, and COMPANY 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 COMPANY its officers, agents, servants, employees or subcontractors
in the performance of this Agreement, provided, however, that COMPANY'S 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 one year from the effective date of this agreement.
If further discharge of treated water is required after the end of this Agreement,
COMPANY 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 COMPANY wastewater discharge will subject the CITY
to fines, penalties, administrative orders or any enforcement action by state or federal
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agencies, or require CITY to perform treatment to remove toxicity, including any
additional biomonitoring requirements for compliance with CITY's TPDES 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 WITN SS WHEREOF,the parties hereto have madeand executed this Agreement this
day of ,A.D., 201
I-
City of Fort Worth
Attest: °°°°°°
°°° O y.
�WSkcre o ?J Mr. Fernando Costa
ga tle: AsKistant City Man er
00
.0 o
0000crio y:
FNO M&C REQUIRED X , r. Sebastian chera, REM
Title: Asst. Dir. Water/Pollution Control
Fort Worth Water Department
Approved as to Form and Legality:
4 A A��—V f, .,,I - a I�,-" , rt A",
Date: 4�7�i s
Ms. Chr to Reynold
Title: Sr. Assistant City Attorney
SJ Louis Construction of Texas, LTD.
By: Les V. Whitman
Title: General Manager
SJ Louis Construction of Texas, LTD.
OFFICIAL.RECORD
CITY SECRETARY
6 FT.WORTH,TX