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HomeMy WebLinkAboutContract 23237 CITY SECRETARY CONTRACT NO. A�51 STATE OF TEXAS 711 COUNTY OF TARRANT ' AGREEMENT FOR THE DISCHARGE OF PRETREATED GROUNDWATER FROM 401 N. E. 38" STREET , TO THE PUBLIC SEWER SYSTEM This agreement is made and entered into by and between TANDY CORP., 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. TANDY CORP. requests approval for the sewer discharge of groundwater from beneath, TANDY CORP., located at 401 N. E. 38`h Street, Fort Worth, Texas. TANDY CORP., proposes performing analysis of the groundwater to identify characteristic pollutants known or reasonably expected to be present in the wastewater. TANDY CORP. 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 groundwater recovery and pretreatment system operated by TANDY CORP. 401 N. E. 38"' Street, Fort Worth, Texas. 2. TANDY CORP., agrees to install and operate a pretreatment facility for the treatment of groundwater prior to discharge into the public sanitary sewerage system. The pretreatment system shall (at a minimum) consist of: a) A facility to treat groundwater 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 A TEO to ���( ��rGlEl TANDY CORP., 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 TANDY CORP., with copies of any request from a third party for this information. 6. TANDY CORP., Environmental Impairment Liability (EIL) commercial insurance requirement is waived based on the review of the company's financial status by the City's Risk Management Division. However, City may need to review TANDY CORP financial reports on an annual basis to ensure the conditions continue to warrant accepting the self-insurance alternative. 7. TANDY CORP., 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. TANDY CORP., agrees to compensate the CITY for the cost-of-doing business in the following amounts: a) Monitoring Fee: A payment of $5000 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: CitN- of Fort Worth TANDY CORP. Mr. Sebastian Fichera Mr. Jim Ashworth Pretreatment Services Manager Tandy Corp. Pretreatment Services Division Risk Management Dept. Fort Worth Water Department 1700 One Tandy Center 920 Fournier Street Fort Worth, Texas 76102 Fort Worth, Texas 76102 With Copy to : Mr. Marvin Champlin Tandy Corp. 1700 One Tandy Center Fort Worth, Texas 76102 3 III. INDEMNIFICATION TANDY CORP., 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 TANDY CORP., its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and TANDY CORP., 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 TANDY CORP., its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that TANDY CORP. 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 2 years after the execution date. If further discharge of treated water is required after the end of this Agreement, TANDY CORP., 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 TANDY CORP., 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 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 WITNES ' WHE ,OF,t e parties hereto have made and executed this Agreement this o day of , A.D., 199 ` 4 City of Fort Worth Attest: By: City Secretary Mr. Mike Groomer Title: Assistant City Manager r. Sebastian Fic Contract Authorizatio / Title: Manager/Pretreatment Services Fort Worth Water Departme t 0 Date By: Mr. Robert McMllon Title: Asst. Dir. Water/Pollution Control Fort Worth Water Department Approved as to Form and Legality: � ��r. GDate MaryJ. Steinberger Title : Asst. City Attorney TANDY CORP. B Inn COu.�_ Title: Sr. Vice President y: �.�1._T M Robert M. McClure 5