HomeMy WebLinkAboutContract 46221 � .CAR'
COWR'CT NO.
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STATE OF TEXAS
COUNTY OF TARRANT
AGREEMENT �yA �� e
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This agreement is made and entered into by and between Bolin Enterprises, Inc., (On behalf of
Sprint/Ericsson) 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. Bolin Enterprises, Inc. requests approval for the sewer discharge of groundwater from
beneath, Sprint/Ericsson site, located at 1400 E Presidio, Fort Worth, Texas 76102.
Chase Environmental Group, Inc., a consultant for Sprint/Ericsson, conducted
chemical analysis of the groundwater to identify characteristic pollutants known or
reasonably expected to be present in the wastewater. A copy of the analytical report was
submitted to the city and it was verified by the Quality Control. Sprint/Ericssoh, 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 groundwater that will be generated from dewatering the UST
pit located at 1400 E Presidio, Fort Worth by Bolin Enterprises, Inc., P.O Box 70,
Casey,IL 62420.
2. Bolin Enterprises, Inc., agrees to meet the following requirements prior to discharge
into the public sanitary sewerage system:
m a) A treatment system installed to treat water to acceptable and safe limits prior
C-) to discharge to the sanitary sewer system
d b) Discharge time and rate must be approved by the City and
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C-1) _ flow meter installed to totalize effluent volume in cubic feet.
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OFFMHAL RECORD
Groundwater discharged from the dewatering operation will not exceed the following
limitations: All discharges shall be compliant with any ordinance requirement
Effluent Concentration Limit(mg/L)
Pollutant
Arsenic 0.25
Cadmium 0.15
Chromium(total) 5.0
Copper 4.0
Lead 2.9
Mercury 0.01
Nickel 2.0
Silver 1.0
Zinc 5.0
Oil and Grease 200
BTEX 1.0
Cyanide 1.0
TTO 2.13
pH 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. Bolin Enterprises, Inc. agrees that the sewer discharge shall not exceed a rate of 50-100
gpm (gallons per minute); if an increase is desired, Bolin Enterprises, 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.
4. Bolin Enterprises, 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. Bolin Enterprises, Inc.,
will be permitted to resume discharge if sampling and investigation show that Bolin
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Enterprises, Inc, wastewater discharge is not the source of nuisance odors and/or sewer
LEL levels equal to or greater than 10%.
Bolin Enterprises, 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. Bolin Enterprises, Inc., 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.
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.
Bolin Enterprises, Inc., agrees that although a minimum sampling frequency is stated
herein that continuous and consistent compliance is Bolin Enterprises, Inc.,'s
responsibility and Bolin Enterprises, Inc., 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 Bolin Enterprises, Inc.,with copies
of any request from a third party for this information.
h. Bolin Enterprises, Inc., 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.
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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. Bolin Enterprises, Inc. 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. Bolin Enterprises, Inc., 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 $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 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 Bolin Enterprises,Inc.
Ms. Laly Joseph, REM Scott Justice
Pretreatment Services Bolin Enterprises, Inc.
Fort Worth Water Department P.O Box 70
920 Fournier Street Casey
Fort Worth, Texas 76102 IL 62420
III. INDEMNIFICATION
Bolin Enterprises, 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 Bolin Enterprises, Inc., its officers,
agents, servants, employees or subcontractors in the performance of this Agreement, and Bolin
Enterprises, Inc., 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 Bolin Enterprises, Inc., its officers, agents,
servants, employees or subcontractors in the performance of this Agreement, provided, however,
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that Bolin Enterprises, 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 500,000 gallons of groundwater
located at the facility. If further discharge of treated water is required after the end of this
Agreement, Bolin Enterprises,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 Bolin Enterprises, 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 bio monitoring requirements for compliance with CITY's
NPDES permit.
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 WI ESS EOF,the parties hereto have made and executed this Agreement this
day of EIRD.,2014.
City of Fort W or
Attest: By:
City Secre 0��, 14rMr. Fernando Costa ,j N.� C.h k fA
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�80� Title: Assistant City Manag
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(, o Byt �-
0 Mr`: Sebas ran l�'eh6ra,REM
�,o,�o�00000 Title: Asst. Dir. Water/Pollution Control
�XAS Fort Worth Water Department
Approved as to Form and Legality:
Date:
Ms. ista Reynol s
Title : Asst. City Attorney
Bolin Enterprises,Inc.
By: Title: /�✓liGL ,�/j1/�O�t/ /�li�1y/'lG7Z
FOFFICIAL RECORD
Y SECRETARY 5
.WORTH,TX