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HomeMy WebLinkAboutContract 46870 34 56 .5 CITY SECRETARY CONTRACT NO. STATE OF TEXAS CII`I OF FORS AR COUNTY OF TARRANT 9 �, E Z AGREEMENT This agreement is made and entered into by and between CHEVRON U.S.A. Inc. on behalf of CHEVRON PRODUCTS COMPANY, a Chevron U.S.A. Inc. division (CHEVRON) and the City of Fort Worth. 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 BRENNANN AVENUE, 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, CHEVRON 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. 3. The approved discharge location will be the clean-out for an existing sewer connection at the CHEVRON terminal near the pipeline manifold area. The CITY has recently confirmed connection of this cleanout through a four inch line to the CITY sewerage system. II. 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 cubic feet). 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 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. CHEVRON agrees that the pretreatment system discharge shall not exceed a rate of 100 gallons per minute unless authorized by the CITY in writing; if an increase is desired, CHEVRON 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 2 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. 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 (LEL) 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 wastewater discharge is not a source of nuisance odors and/or that sewer LEL levels 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 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 the letter submitted by CHEVRON on May 29 2015, describing discharges would be managed (Attached) 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(o)(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 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 in route to the Village Creek Water Reclamation Facility. 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. b) Transportation Fee: A discharge fee based on the CITY billing rates for the volume and strength of contact water discharged. Current billing rate is $3.97 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 of Fort Worth CHEVRON Ms. Laly Joseph, REM Mr. Lodney Davis Pretreatment Services Division Terminal Manager Fort Worth Water Department Chevron Fort Worth Terminal 920 Fournier Street 2525 Brennan Fort Worth, TX 76102 Fort Worth, TX 76106 4 M. INDEMNIFICATION CHEVRON 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 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 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 CHEVRON its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that CHEVRON'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 1) the discharge of 650,000 gallons of treated contact water located at the facility; unless an increase is approved by the CITY in writing; or 2) if less than 650,000 gallons is discharged, CHEVRON provides notification to the CITY that CHEVRON is ready to terminate the Agreement. If an increase in the volume to be discharged is desired, CHEVRON 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. 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 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 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. OFFICIAL RECORD CITY SECRETARY 5 FT.WORTH,TX �ra IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement this day of , A.D., 2015. City of Fort Worth Attest: By: sf- City Secre �®R r Mr. Fernando Costa Title: Assistant City Man er ° O °70 tJ $—+ y: r. Sebasti ichera, REM Title: Asst. Dir. Water/Pollution Control Fort Worth Water Department By: NO M&C REQUIRED Title: Approved as to Form and Legality: (�"��10 9- Date: Ms. Christa Lopez-R y lds Title: Sr. Assistant City Attorney Company: CHEVRON U.S.A. INC. By: Title: Mr. Lodney 6avis Terminal Manager OFFICIAL RECORD CITY SECRETARY FT.UYORTH,TX 6 Chevron Frederick J.Savage Chevron U.S.A.Inc. Director,Risk Management 6001 Bollinger Canyon Rd. (San Ramon) San Ramon,CA 94583 Insurance Division Tel 925 842 8086 Fax 925 842 6007 FSavage0chevron.com July 25,2014 City of Fort Worth Attn: Ms.Laly Joseph, REM Pretreatment Services Division Fort Worth Water Department 920 Fournier Street Fort Worth,TX 76102 Agreement between Chevron U.S.A.Inc. and the City of Fort Worth,TX for Proposed Discharging of Wastewater at Chevron's Fort Worth terminal Dear Ms.Joseph: Chevron U.S.A. Inc.("Chevron"), is covered for property and liability exposures through major worldwide insurance programs with large deductibles. Losses that fall within these deductible levels, including those for which Chevron is contractually liable,are self-administered and paid through the financial resources of Chevron, This is to confirm that the insurance requirements of the subject agreement fall within Chevron's deductible levels. Therefore, losses for which Chevron is required to insure under the agreement will be covered to the extent of the agreement's insurance requirements and administered as described above. This further confirms that Workers' Compensation insurance requirements for Chevron companies are satisfied through insured/self-insured programs depending upon the location of the employee's workplace. This letter is in lieu of a certificate of insurance and will remain valid until the expiration or earlier termin on of the subject agreement(or any renewal thereof). Sim el , Frederick J. Savage cc: Susan Snyder FS/bjb Chevron muco CALTEX Our Family of Brands Lodney Davis 2525 Brennan Ave Terminal Manager Fort Worth, TX 76106 Tel+1 817_626-9785 LCdavisAchevron.com July 09, 2015 Ms. Christy Anderson, REM Senior Environmental Specialist City of Fort Worth Water Department Pretreatment Services Division 920 Fournier Street Fort Worth, TX 76102 Dear Ms. Anderson: Please find attached three signed originals of the final versions of the One-Time Discharge Agreement (hereafter referred to as Agreement) between the City of Fort Worth and Chevron U.S.A., Inc for City review and signature. Along with the Agreement,this letter also includes: • A copy of the May 29, 2015 letter from Chevron that summarizes pre-treatment and sampling activities as referenced in the Agreement. A note has been added to that original letter to document the increased discharge volume estimate of 650,000 discussed in the Agreement. • A copy of the July 24, 2014 letter verifying self-administered insurance from Chevron for use with this reissued Agreement. • A check for the $500 Agreement Monitoring Fee. I would like to request that one executed copy of the Agreement, with all signatures be mailed to me at the address shown on this letterhead. Please contact Chris Campbell at (925) 842-0640 with any questions or additional information needs related to this submittal. Regards, Lodney Davis, Terminal Manager Enclosures: - Three Signed Copies of One-Time Discharge Agreement - Letter May 29, 2015 from Chevron to the City of Fort Worth on discharge pre-treatment and sampling activities - Letter July 24, 2014 from Chevron to the City of Fort Worth verifying self-administered insurance - A $500 check for the City of Fort Worth for the Agreement Monitoring Fee. Chevron _ © ® Our Family of Brands Lodney Davis 2525 Brennan Ave Terminal Manager Fort Worth,TX 76106 Tel+1 817-626-9785 L�avtsQch2MM=.com May 29,2015 Ms. Christy Anderson,REM Senior Environmental Specialist City of Fort Worth Water Department Pretreatment Services Division 920 Fournier Street Fort Worth,TX 76102 Dear Ms. Anderson: Chevron Products Company (Chevron), a division of Chevron U.S.A. Inc. would like to request an amendment/renewal of our 2014 One-Time Discharge Agreement or issuance of a new One-Time Discharge Agreement for the disposal of petroleum contact water (PCW) from our Fort Worth Terminal (2525 Brennan Ave.,Fort Worth,TX 76106). Similar to our One-Time Discharge Agreement in 2014, the Terminal is interested in discharging water that had the potential for contact with petroleum product to the City of Forth Worth sanitary sewer system following pre-treatment filtration through activated-carbon canisters. Chevron is proposing that this new batch discharge in 2015 be performed in a similar manner to the previous year including: • PCW from Tanks 108, 150, and 159 will be directed through a portable treatment unit with a granular activated carbon treatment component. • The portable treatment system will be placed in secondary containment for spill prevention. • Water samples will be collected from the discharge from the portable treatment system and the data provided to the City of Fort Worth for review prior to discharge. • Once approval is received, the discharge will commence through an existing 4-inch sanitary sewer cleanout located on the Chevron property, with a confirmed connection to the City sewer line. • Discharge rates will be selected based upon an initial examination of flow rate, but will target 100 gpm (if that rate is achievable). • Discharges will be operated continuously during daylight hours only. • Discharge flow meter readings will be taken and logged using a City-approved meter. • In addition to the initial (pre-discharge) samples, samples will be collected once during mid- operations, and then once again prior to concluding the discharge. • Discharge flow rates and sampling results will be reported to the City. Page 7 • Upon completion of the pre-treatment, the portable treatment system will be dismantled and removed from the site. Our intent is to pre-treat and discharge the total volume of the wastewater, which is currently 580;t19A gallons, but may increase with the recent large storms. We have selected ENVENT Corporation to provide and manage the Granular Activated Carbon (GAC)pre-treatment system. A summary of the pre- treatment activities is provided as an enclosure with this letter. We would like to initiate the process to establish this new One-Time Discharge Agreement as soon as possible. Please contact Sam Zanco at (713) 453-3525 or Chris Campbell at (925) 842-0640 with any questions or additional information needs related to this request. Regards, LodneWith recent significant storms this volume Terminal Manager y Davis, has been updated to 650,000 gallons Termi in the One-Time Discharge Agreement. r- Enclosure: Selected Contractor GAC Pre-Treatment Activity Summary Page 3 Selected Contractor Carbon Pre-treatment Activity Summary: Pre-treatment of the Chevron Fort Worth Tenninal rain water holding tanks will be performed using two trains of 2 x 1,000 lb Granular Activated Carbon (GAC) Scrubbers. It is estimated that there will be 500,000 gallons of petroleum contact water(PCW) that will require pre-treatment prior to discharge at 100 gpm to the City of Fort Worth publically-owned treatment works (POTW). An extra 2 x 1,000 lbs of GAC will be maintained on standby, in case it is needed. The initial benzene concentration in the PCW may be slightly greater than 1 mg/L, so the treatment method will target benzene removal. If other constituents in the water are found to compete for GAC adsorption sites and reduce treatment efficiency, then additional GAC units will be deployed. Chevron will provide sample collection, analytical testing, and results with cooperation from another party (AnaLab Corp.). Chevron will provide City of Fort Worth-approved flow meters (already on-site) to measure and then report the discharge flow rate and total volume. The PCW discharge will be expected to meet effluent limits established by the City of Fort Worth POTW. Prior to discharge the PCW will have experienced physical separation in an API oil/water separator, Filtration through 25 micron filter bags to remove any particles that could potentially clog the GAC, and then adsorption/Filtration through the GAC Scrubbers. The contractor has the capacity to provide additional treatment options prior to discharge, if the data indicates additional treatment is warranted. Mobilization and placement of the GAC pre-treatment system will require one-half day of time. The GAC will need to be saturated with fresh water for 24 hours prior to use. The treatment process will then commence with discharge taking place 1n12 hour increments, until complete. Spent GAC vessels will be drained at the end of the project (vacuum truck or other drain required for off-spec water) and Chevron will appropriately manage the spent GAC material.