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HomeMy WebLinkAboutContract 32842 (2) CITY SECRETARY CONTRACT NO.` 2N)-- STATE OF TEXAS COUNTY OF TARRANT AGREEMENT This agreement is made and entered into by and between REARDON ENVIRONMENTAL, INC., On behalf of the Fort Worth Opportunity Center, 5901 Fitzhugh Avenue, 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: L RECITALS 1. REARDON ENVIRONMENTAL, INC. requests approval for the sewer discharge of groundwater from beneath, the FORT WORTH OPPORTUNITY CENTER, located at 5901 Fitzhugh Avenue, Fort Worth, Texas 76119. REARDON ENVIRONMENTAL, INC., proposes KJR & Associates, Inc. will perform analysis of the groundwater to identify characteristic pollutants known or reasonably expected to be present in the wastewater. REARDON ENVIRONMENTAL, INC., 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 LL COVENANTS 1 The CITY agrees to receive pretreated effluent from a wastewater recovery and pretreatment system operated by REARDON ENVIRONMENTAL, INC., 5901 Fitzhugh Avenue, Fort Worth, Texas. 2. REARDON ENVIRONMENTAL, INC., 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 flow meter installed to totalize effluent volume in cubic feet. 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 m Arsenic 0.1 Cadmium 0.3 Chromium total 5.0 Copper 3.0 Lead 2.9 Mercury .01 Nickel 2.0 Silver 0.1 Zinc 5.0 Volatile TTOs ** 2.0 Total Recoverable Petroleum 10.0 Hydrocarbons Volatile TTOs **= Summation of volatile organic compounds listed below: Chloroform Carbon tetrachloride Cis-1,2-Dichloroethene Ethylbenzene Methylene Chloride Toluene Trichloroethene Tetachlorethene Xylenes 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. 3 REARDON ENVIRONMENTAL, INC., agrees that the sewer discharge shall not exceed a rate of 20 gpm (gallons per minute); if an increase is desired, REARDON ENVIRONMENTAL, INC., 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. 0F�i,:,1A,�I `�kECJP B FT. '6 N, TEK. 4. REARDON ENVIRONMENTAL, INC., 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, REARDON ENVIRONMENTAL, INC., will be permitted to resume discharge if sampling and investigation show that REARDON ENVIRONMENTAL, INC., treated wastewater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. REARDON ENVIRONMENTAL, INC., also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5 REARDON ENVIRONMENTAL, INC., agrees to allow KJR & Associates, Inc. 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, 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(o)(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. REARDON ENVIRONMENTAL, INC., agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is REARDON ENVIRONMENTAL, INC.'s responsibility and the FORT WORTH OPPORTUNITY CENTER 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 REARDON ENVIRONMENTAL, INC., with copies of any request from a third party for this information. 6. REARDON ENVIRONMENTAL, INC., agrees to procure prior to discharge, and maintain during the life of this agreement contract, Environmental Impairment Liability (EEL) insurance which is site specific at a minimum limit of$2,000,000 each occurrence. The EEL 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. 3 G 6i 6 CP LPy 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 t*q(M day notice of cancellation shall be provided to the CITY. foW 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 REARDON ENVIRONMENTAL, INC., and 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. REARDON ENVIRONMENTAL, INC., agrees to compensate the CITY for the cost-of- doing business in the following amounts: a) Monitoring Fee: A payment of$500 is waved 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 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. 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 READON ENVIRONMENTAL,INC. Ms. Laly Joseph Thomas R. Liebert, Jr.,P.E. Fort Worth Water Department Readon Environmental, Inc. 920 Fournier Street 4606 FM 1960 West, Suite 342 Fort Worth, Texas 76102 Houston, Texas 77069 AND ^ISISSN�,'�-• vtl IJvJn iHC� @b 4 CIT W1-2 10A, ly tlo .`JJvum, � i� Kathryn J. Robinson,RS, REM Fort Worth Opportunity Center C/O KJR&Associates, Inc. P.O. Box 260050 Plano, Texas 75026-0050 HL INDEMNIFICATION REARDON ENVIRONMENTAL, INC., 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 REARDON ENVIRONMENTAL, INC., its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and REARDON ENVIRONMENTAL, INC., does hereby assume all liability and responsibility for injuries, claims or suits for damages, to persons or property, of whatsoever land 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 REARDON ENVIRONMENTAL, INC., its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that REARDON ENVIRONMENTAL, INC. 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 30,000 gallons of groundwater located at the facility, If further discharge of treated water is required after the end of this Agreement, REARDON ENVIRONMENTAL, INC., 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 REARDON ENVIRONMENTAL, INC., 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 L 6Z 5 CIT �M`,- V IUDY FT. �.N �11 TH, TEK, Venue and jurisdiction of any suit, right, or cause of action arising under, or in connection with, this contract shall he exclusively in Tarrant County, Texas. �C IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement this day of b.¢•r , A.D., 2005. City of Fort Worth Attest: By: C y Secretary MOMa Ott Title: Assistant City Manager B �c NO M&C RFQUIRFD C3. bastian i era Title: Asst. Dir. Water Fort Worth Water Department Approved as to Form and Legality: Ih,4 2, L�' 'C Date: Ms. Ch 6-0 Lc . Title Asst. City Attorney REARDON ENVIRONMENTAL, INC. By: mas R. Liebe , r.,P.E. Oltle: President kOFFIv1A1 ROD 6 Off FT. Nv fll YEN,