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HomeMy WebLinkAboutContract 31187 CITY SECRETARY CONTRACT NO, STATE OF TEXAS COUNTY OF TARRANT AGREEMENT This agreement is made and entered into by and between CST ENVIRONMENTAL, Irving, 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: L RECITALS 1. CST ENVIRONMENTAL requests approval for the sewer discharge of wastewater recovered from pressure washing the exterior of the former Montgomery Wards Building, located at 2600 W. 7`h Street, Fort Worth, Texas 76102. CST ENVIRONMENTAL, proposes performing analysis of the wastewater to identify characteristic pollutants known or reasonably expected to be present in the wastewater. CST ENVIRONMENTAL, 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 at an outfall designated by the CITY. II. COVENANTS 1. The CITY agrees to receive pretreated effluent from a wastewater recovery and pretreatment system operated by CST ENVIRONMENTAL in support of operations affiliated with pressure washing the exterior of the former Montgomery Wards building in Fort Worth, Texas. 2. CST ENVIRONMENTAL, 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 meter or other method of measurement approved and evidenced in writing by the CITY for determining effluent volume for reporting to the CITY 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 mg/L) Arsenic 0.1 Cadmium 0.3 Chromium total 5.0 Copper 3.0 Lead 2.9 Mercu 0.01 Nickel 2.0 Silver 0.1 Zinc 5.0 Effluent discharged from the pretreatment system will not exceed the following limitations: total petroleum hydrocarbons of 1.0 mg/l, benzene of.050 mg/1, toluene of.050 mg/l, ethyl- benzene of .050 mg/1, xylene of .050mg/l. 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. CST ENVIRONMENTAL, agrees that the sewer discharge shall not exceed a rate of 40 gpm (gallons per minute); if an increase is desired, CST ENVIRONMENTAL, 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. CST ENVIRONMENTAL, 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. CST ENVIRONMENTAL, will be permitted to resume discharge if sampling and investigation show that CST ENVIRONMENTAL, treated wastewater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. CST ENVIRONMENTAL, also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5. CST ENVIRONMENTAL, agrees to collect and analyze samples of the influent rior treatment) and the effluent (discharge after treatment) and report all results X.P C TJ 2 `'" . ` s `sv� 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. 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 (3 0) days from sampling date. CST ENVIRONMENTAL, agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is CST ENVIRONMENTAL's responsibility and CST ENVIRONMENTAL, 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 CST ENVIRONMENTAL, with copies of any request from a third party for this information. 6. CST ENVIRONMENTAL, agrees to procure prior to discharge, and maintain during the life of this agreement contract, Pollution insurance which is site specific at a minimum limit of $3,000,000 each occurrence. The Pollution 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$25,000 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. CST ENVIRONMENTAL, 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. CST ENVIRONMENTAL, 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 Non-residential billing rates for the volume of wastewater discharged at a rate of$2.09 per ccf(100 cubic feet) (Note: 60,000 gallons = 80 ccf. At $2.09 per ccf, estimated transportation fee would be $160.00) 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 CST ENVIRONMENTAL Mr. Sebastian Fichera Mr. Donald McGlamery Jr. Industrial Waste Section General Manager Fort Worth Water Department CST Environmental, Inc. 920 Fournier Street 14010 Interdrive West Fort Worth, Texas 76102 Houston, TX 77032 III. INDEMNIFICATION CST ENVIRONMENTAL, 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 CST ENVIRONMENTAL, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and CST ENVIRONMENTAL, 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 onte j C:i a ENVIRONMENTAL, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that CST ENVIRONMENTAL 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 100,000 gallons of wastewater located at the facility. If further discharge of treated water is required after the end of this Agreement, CST ENVIRONMENTAL, 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 CST ENVIRONMENTAL, 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. CST Environmental will not be responsible for discharge of water prior to CITY's termination of agreement if CST Environmental is complying with the terms of this agreement. 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 WITNE S WHEREOF, the parties hereto have made and executed this Agreement this all) day of , A.D., +99—sQL()CD,. CUN of Fort Nu. orth 't Attest: By , ✓ City ecretary r. nt Ott Title: AssiCity Manager � I By: O' Mr. Sebastian Fichera Title: Manager/Pretreatment Services Fort Worth Water Department_ Date By: r,-- s. Marcela Olson Title: Assistant Water Director Fort Worth Water Department Approved as to Form and Legality: Date: Mr. Gary J. Stemberger Title : Asst. City Attorney CST ENVIRONMENTAL By: Title: .- 6 ATE 1 ACORD. CERTIFICATE OF LIABILITY INSURANCE 11/01/2005 D10/29/2004) PF:ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Locklon Insurance Brokers,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 725 S.Figueroa Street,35th FI. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR CA License#0714705 ALTER THE COVERAGE AFFORDED RKTHE POLICIES 8 LOW, Los Angeles CA 90017 INSURERS AFFORDING COVERAGE (213)689-0065 INSURED 1018392 CST Environmental,Inc. INSURER A: American '1 In e ' 1 Lines Attn:Brenda Davidson INSURER B: Commerce&In s 14010 Interdrive West INSURER c, Texas Mutual Insurance Co. Houston TX 77032 iNsuRER D, AxisInsurance om n I INSURER E, COVERAGES CSTEN01 C3 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE(MM/DD1YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 O 000 OOO A X COMMERCIAL GENERAL LABILITY 19$0174 11/01/2004 11/01/200$ FIRE DAMAGE An one fire S 50.000 CLAIMS MADE XI OCCUR MED EXP(Any oneperson) S $000 X Contradual Liab PERSONAL&ADV INJURY S 10 000.000 X Pollution Liab GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE'LIMIIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1 0,000.0m POLICY ECT F1 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMB S 1,000,000 B X ANY AUTO CA8087126 11/01/2004 11/01/2005 (Ea ) ALL OWNED AUTOS BODILY INJURY $ XXXXXXX SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ XXXXXXX NON-OWNED AUTOS (Per ) Uninsured Motor. PROPERTY DAMAGE i XXXXXXX (Por socK rq) GARAGE LABILITY AUTO ONLY-FA ACCIDENT S XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS LABILITY EACH OCCURRENCE $ 10,000,000 D X1 OCCUR F1 CLAIMS MADE ALU710425-04 11/01/2004 11/01/2005 AGGREGATE $ 1 O 000.000 UMBRELLA XXXXXXX DEDUCTIBLE 1:1 FORM I XXXXXXX X RETENTION $ 10.000 S XXXXXXX C WORKERS COMPENSATION AND STA0001109267 11/01/2004 11/01/200$ X WC TATU- FR TH EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000.000 E.L.DISEASE-EA EMPLOYEE S L000.000 E.L.DISEASE-POLICY LIMIT $ 1.000.000 OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/F-XCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE:Various Projects.Certificate Holder is Additional Insured as their interest(s)may appear with respect to General liability arising out of the operations of the named Insured. CERTIFICATE LDER X ADDITIONAL INSURED-INSURER LETTER: CANCELLATION 2070176 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3� neve tams EN 1000 Rockmorton Street 1 Fort Worth TX 76102 NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH LE$S�j T R B L rr��''���jj��A�tt``ll��{{ . i IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND POM THE 1 �1RERl S A 4"TS R REPRESENTATIVES. a AUTHORIZED REPRESENTATIVE it -1n 1 ACORD 26S(7197) For questions regarding this cestiticete,contact the number listed in the'Producersection above and specify the Client coders N01'.