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HomeMy WebLinkAboutContract 45851STATE OF TEXAS COUNTY OF TARRANT AGREEMENT CITY SECRETARY CONTRACT NO. c_ This agreement is made and entered into by and between CHEVRON U.S.A., INC., (On behalf of CHEVRON PRODUCTS COMPANY (CHEVRON)) 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. CHEVRON requests approval for the sewer discharge of contact water from the operations at the CHEVRON FORT WORTH TERMINAL located at 2525 BRENNAN, 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, 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. 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 cubidee ), FF8CBAL riw,Prim ©STY SECRETARY Fr . t OF flUp UN RECEIVED AUG g 51019 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 0025 Cadmium 0.15 Chrorni am 5.0 Copper 4.0 Lead 2.9 'Mercury 0.01. Nickel 2.0 Silver 1.0 Zinc 5®0 it&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 co sounds) 5-12 Ii fL:LLLL===j 3. CHEVRON agrees that the pretreatment system discharge shall not exceed a rate of 100 gallons per minute; if an increase is desired, CHEVRON will request an increase in writing. The Cl'lY will endeavor to respond withii.11 30 (lays from date of receipt of such request. CITY reserves the right to refuse such request if, 2 G�\2014\0243038\20979H(Attl).docx 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 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 contact water discharge is not a nuisance odor and/or that sewer LEL levels are 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 and effluent from the pretreatment 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 Attachment A and analyzed for any other pollutants as identified in the Sampling and Analysis Plan in Attachment A 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(0)(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 3 G:\2014\0243038\209791-1(Att1).docx a 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. 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. 4 G:\2014\0243038\2097911(Attl).docx Transportation Fee: A discharge fee based on the CITY billing rates for the volume and strength of contact water discharged. Current billing rate is 3.84 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 tot the CITY upon receipt of a bill for services. 9. Except as a party may otherwise direct by written notice tote other, all correspondence and reports shall be directed as follows: citv.f�"Aorta CHEVRON . Laly Joseph, �. . Lodney Davis Pretreatment ervices Division Terminal Manager Fort Worth Water e art ent Chevron Fort Worth Terminal 920 Fournier Street 2525 Brennan Fort Worth, TX 76102 Fort Worth, TX 76106 III. INDEMNIFICATION CHEVRON covenants and agrees to, and does hereby, indemnify and hold harmless defend and I , 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 art 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 ro er , of whatsoever of character, whether real or asserted, occurring u ' or risin out of e 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, rovi e o ever, that CHEVRONS liability shall be limited to that established in Article 625219, Texas Revised Civil Statues, and other a lice le state statutes and constitutional provisions. IV. AMENDMENT AND TERMINATION OF AGREEMENT 1. This Agreement may be amended in writing by mutual agreement of e parties hereto. 5 G:\2014\(Y243038\20979H(Attl).doex 2. This Agreement shall terminate after 1) the discharge of 500,000 gallons of treated contact water located at the facility or 2) if less than 500,000 gallons is discharged, CHEVRON provides notification to the CITY that CHEVRON is ready to terminate the Agreement. If further discharge of treated water is required after the end of this Agreement, CHEVRON 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 CHEVRON contact water 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. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement this day of A,A)k , A.D., 2014. 6 G:\2014\0243038\20979H(Attl).docx City of Fort Worth - ---) Attest:, ) li i B Y ijkY SedrY dtar Mr. Fernando Costa tit Title: Assistant City Man. er IP Control Approved as to Form and Legality: Mr ebastian Fichera, REM Title: Asst. Dir. Water/Pollution By: Title: (iA LI %14rvc&4- Date: Ms. Ch ista Lopez -Reynolds Y Title: Sr. Assistant City Attorney Company: CHEVRON U.S.A., INC. By:'441 Mr. Lodney Davis Fort Worth Water Department Title: /e r ti a /fir riAlf Terminal Manager ©FMALL L- ECORD CITY SECRETARY FT WORTH, u M 7 G: \2014\0243038\ 20979H(Att1).docx