HomeMy WebLinkAboutContract 51750 5g7 8gr�
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�G���1�09 � CT NO. ti 1750
R 1 STATE OF TEXAS
COUNTY OF TARRANT
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tl0�g 8 L g 5 10 w SEWER DISCHARGE AGREEMENT
This agreement is made and entered into by and between KLUTZ CONSTRUCTION, LLC,
Kennedale, 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. KLUTZ CONSTRUCTION, LLC requests approval for a one time discharge of
groundwater from the Lebow Brennan construction site, located at 1700 Brennan Ave,
Fort Worth, Texas, 76106 into the City's public sanitary sewerage system. KLUTZ
CONSTRUCTION, LLC, proposes performing analysis of the groundwater to identify
characteristic pollutants known or reasonably expected to be present in the wastewater.
KLUTZ CONSTRUCTION, LLC, also proposes to treat said wastewater for such
pollutants to the levels described herein prior to discharge into the sanitary sewer.
2. The one time discharge may enter the public sanitary sewerage system of CITY pursuant
to the terms of this agreement.
II. COVENANTS
1. The CITY agrees to receive a one-time discharge of groundwater/contaminated storm
water from KLUTZ CONSTRUCTION, LLC & ADDRESS, Fort Worth, Texas.
2. KLUTZ CONSTRUCTION, LLC, agrees to install and operate a pretreatment facility as
needed 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.
OFFICIAL RECORD
Revised 3-14-17 CITY SECRETARY
FT
WORTW,`rX
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, 625 and 2.13
608 compounds)
H 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.
3. KLUTZ CONSTRUCTION,LLC, agrees not to immediately discharge water at a
high volume and shall gradually increase the discharge up to 400 gpm after
ensuring that no problems are encountered at the lower discharge rate. KLUTZ
CONSTRUCTION, LLC, further agrees that the sewer discharge shall not exceed a rate
Revised 3-14-17 2
of 400 gpm (gallons per minute); if an increase is desired, KLUTZ CONSTRUCTION,
LLC, 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. KLUTZ CONSTRUCTION, LLC, agrees to discontinue the discharge 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. KLUTZ
CONSTRUCTION, LLC, will be permitted to resume discharge if sampling and
investigation show that KLUTZ CONSTRUCTION, LLC, treated wastewater discharge
is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%.
KLUTZ CONSTRUCTION, LLC, also agrees to discontinue the discharge if at any time
the discharge violates the requirements established by this Agreement and may
recommence discharge only when compliance is assured.
5. KLUTZ CONSTRUCTION, LLC, agrees to collect and analyze samples of the influent
(prior to treatment) and the effluent (discharge after treatment if treatment is needed) 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(o)(1)(2), (p)(1)(2)(3)(4). CITY must receive analysis results within thirty
(30) days from sampling date.
KLUTZ CONSTRUCTION, LLC, agrees that although a minimum sampling frequency
is stated herein that continuous and consistent compliance is KLUTZ CONSTRUCTION,
LLC's responsibility and KLUTZ CONSTRUCTION, LLC, 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 KLUTZ
CONSTRUCTION, LLC, with copies of any request from a third parry for this
information.
6. KLUTZ CONSTRUCTION, LLC, agrees to obtain 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.
C) Defense costs.
Revised 3-14-17 3
d) Damage incurred to any party or to any property while groundwater is being
discharged and carred 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. KLUTZ CONSTRUCTION, LLC, 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. KLUTZ CONSTRUCTION, LLC, 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 wastewater discharged. Current billing rate is $4.14 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 KLUTZ CONSTRUCTION, LLC
Ms. Laly Joseph,REM Mr. Charlie Klutz
Pretreatment Services Klutz Construction, LLC
Fort Worth Water Department P.O. Box 185
920 Fournier Street Kennedale, TX 76060
Fort Worth, Texas 76102 817-929-1840
Revised 3-14-17 4
III. INDEMNIFICATION
KLUTZ CONSTRUCTION, LLC, 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 KLUTZ
CONSTRUCTION, LLC, its officers, agents, servants, employees or subcontractors in the
performance of this Agreement, and KLUTZ CONSTRUCTION, LLC, 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 KLUTZ CONSTRUCTION, LLC, its officers, agents, servants, employees or
subcontractors in the performance of this Agreement, provided, however, that KLUTZ
CONSTRUCTION, LLC 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 four months of discharges (estimated 1,000,000
gallons of groundwater) located at the facility. If further discharge of treated water is
required after the end of this Agreement, KLUTZ CONSTRUCTION, LLC, 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 KLUTZ CONSTRUCTION, LLC, 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.
Revised 3-14-17 5
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 WITNESS WHEREOF,the parties hereto have made executed this Agreement this%'Tom'
day of_ , A.D., 20_ .
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
,'U
OS,-'/Yh
Laly G. Joseph, REM
Environmental Program Manager
Title
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Revised 3-14-17
City of Fort Worth df '
Attest: ✓ By:
;:r'
ty Sec Mr. Jay Chapa
Title: Assistant City Manager
By:
F"WJerry Pressley
Title: Acting Asst. Director
Approz
tor'orm and Legality:
Date: / �(
Ms. Christa Re o s
Title: Sr. Assistant orney
KLUT CO O L
By: > - Title: /(12Na41K4 /-bl?n - J•4-+fit Cts //G
Date: 7 Z-O
LSECREHUAIRXY
L RECORL'
Revised 3-14-17 7