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Home My WebLink AboutContract 42629STATE OF TEXAS COUNTY OF TARRANT AGREEMENT CITY SECRETARY CONTRACT NO. Z� Z� This agreement is made and entered into by and between Progressive Environmental Services, Inc. d/b /a SWS Environmental Services ( "SWS "), (On behalf of IESI Texas Landfill, LP) 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: I. RECITALS 1. SWS requests approval for the sewer discharge of groundwater from beneath, IESI Texas Landfill, LP, located at 3131 Old Brock Avenue, Weatherford, TX. SWS, proposes performing analysis of the groundwater to identify characteristic pollutants known or reasonably expected to be present in the wastewater. SWS, 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. II. COVENANTS 1. The CITY agrees to receive pretreated effluent from a wastewater recovery and pretreatment system operated by SWS, 9204 US Highway 287 NW, Fort Worth, Texas. 2. SWS, agrees to meet the following requirements prior to discharge into the public sanitary sewerage system. It shall (at a minimum) consist of: a) Wastewater to be transported to an authorized designated location by a permitted liquid waste hauler b) Manifest must be provided for each load disposed C) Discharge times must be approved by 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/1L) Arsenic 0..25 Cadmium 0.15 Chromium(total) 5.0 Copper 4.0 - -, i OFFICIAL RECORD CITY SECRETARY' FT. WORTH, TX Lead 2.9 Mercury 0.01 Nickel 2.0 Silver 1.0 Zinc 5.0 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. SWS, agrees that the sewer discharge shall not exceed a rate of 200 gpm (gallons per minute); if an increase is desired, INSERT COMPANY NAME, 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. SWS 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. SWS will be permitted to resume discharge if sampling and investigation show that SWS treated wastewater discharge is not the source of nuisance odors and /or sewer LEL levels equal to or greater than 10 %. SWS also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5. SWS 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, 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. SWS agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is SWS' responsibility and SWS 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 SWS with copies of any request from a third party for this information. 2 6. SWS agrees to procure 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. 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 $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. SWS 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. SWS 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 from outside Fort worth ( Volume charges per CCF = $2.93, BOD / lb = $ 0.276 and TSS charge /lb = $0.126) The Monitoring Fee shall be paid to the CITY prior to the commencement of discharge. The Transportation Fee shall he paid to the CITY upon receipt of a hill for services. 3 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 Progressive Environmental Services, Inc. , d/b /a'SWS Environmental Services Ms. Laly Joseph, REM Lisa Peterson Pretreatment Services Transportation & Disposal Coordinator Fort Worth Water Department SWS Environmental Services 920 Fournier Street 9204 Highway 287 NW Fort Worth, Texas 76102 Fort Worth, Texas 76131 III. INDEMNIFICATION SWS 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 SWS, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and SWS 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 SWS, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that SWS' 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 (N /A) gallons of groundwater located at the facility. If further discharge of treated water is required after the end of this Agreement, SWS 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 SWS 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 4 M* 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 and executed this Agreement this day of Pte, A.D., 2011. v, De of r V)t*-- City of Fort Worth Attest: oy pss+. City Secre r , ° ;X O O 0 0 0 v o 00000 °0 0 0° °°p �1 as to Form and Legality: Ms. Christa Title: Asst. City Attor- NO M &C RJQUIRED Progressive Environmental Services, Inc. d/b /a SWS Environmental Services By: R be Coston Mr. Fernando Costa Title: Assistant City Manage y: r. Sebastian Fichera, REM Title: Asst. Dir. Water/Pollution Control Fort Worth Water Department Date: Title: Chief Financial Officer /Secretary 1 [OFFICIAL RECORD' i CITY SECRETARY FT. WORTH, TX I , Klein, Jessica From: Reynolds, Christa Sent: Monday, December 05, 2011 4:06 PM To: Klein, Jessica Subject: RE: Contract Error Thank you. I would just process it. Its up to the department to ensure these are fully correct and I didn't catch it. But its pretty clear who the contract binds. Thank you for asking though. e i,aita R 9&ynv&6 Sr. Assistant City Attorney City of Fort Worth 1000 Throckmorton (817)392 -8984 (p) (817)392 -8359 (f) From: Klein, Jessica Sent: Monday, December 05, 20113:57 PM To: Reynolds, Christa Subject: Contract Error Christa, I just received a contract with Progressive Environmental Services, Inc. d /b /a SWS Environmental Services on behalf of IESI Texas Landfill, LP. On page two of this contract, one line still reads "...is desired, INSERT COMPANY NAME, will request... ". I wasn't sure if I should continue processing this or how I should proceed, and have contacted you because you are listed as the approving attorney. Please let me know what I should do to correct this, including if I need to be emailing someone entirely different. Thank you, Jessica Klein Administrative Technician City Secretary's Office City of Fort Worth (817) 392 -6090