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Home My WebLink AboutContract 23237-R3 CITY SECRETARY CONTRACT NO. STATE OF TEXAS COUNTY OF TARRANT AGREEMENT FOR THE DISCHARGE OF PRETREATED GROUNDWATER FROM 401 N. E. 38th STREET ,TO THE PUBLIC SEWER SYSTEM This agreement is made and entered into by and between RADIO SHACK CORP., (formerly 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. RADIO SHACK CORP. requests approval for the sewer discharge of groundwater from beneath, RADIO SHACK CORP., located at 401 N. E. 38`h Street, Fort Worth, Texas. RADIO SHACK CORP., proposes performing analysis of the groundwater to identify characteristic pollutants known or reasonably expected to be present in the wastewater. RADIO SHACK 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 RADIO SHACK CORP. 401 N. E. 38`h Street, Fort Worth, Texas. 2. RADIO SHACK 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�reat 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 C) A flow meter installed to totalize effluent volume in cubic feet. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 m Arsenic 0.25 Cadmium 0.15 Chromium total 5.0 Copper 4.0 Lead 2.9 Mercury .01 Nickel 2.0 Silver 1.0 Zinc 5.0 Effluent discharged from the pretreatment system will not exceed the following limitations: total petroleum hydrocarbons of 1.0 mg/l, benzene of .050 mg/l, toluene of 1.0 mg/l, ethyl- benzene of.070 mg/l, xylene of 10 mg/l, Tetrahydrofuran of 5.0 mg/L. 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. RADIO SHACK CORP., agrees that the sewer discharge shall not exceed a rate of 20 gpm (gallons per minute); if an increase is desired, RADIO SHACK CORP., 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. RADIO SHACK CORP., 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. RADIO SHACK CORP., will be permitted to resume discharge if sampling and investigation show that RADIO SHACK CORP., groundwater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. RADIO SHACK CORP., also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5. RADIO SHACK CORP., 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 and analyzed monthly for Toluene and Tetrahydrofuran; pollutants such as benzene, ethyl benzene, 2 xylene, and total petroleum hydrocarbon, and any other pollutants identified at quantifiable levels and regulated herein shall be collected and analyzed semiannually. 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. CITY must receive analysis results within thirty (30) days from sampling date. If the results indicate that a violation has occurred, RADIO SHACK CORP. agrees to notify the CITY within 24 hours of becoming aware of the violation. RADIO SHACK CORP., agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is RADIO SHACK CORP.'s responsibility and RADIO SHACK 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 RADIO SHACK CORP., with copies of any request from a third party for this information. 6. RADIO SHACK 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 RADIO SHACK CORP financial reports on an annual basis to ensure the conditions continue to warrant accepting the self-insurance alternative. 7. RADIO SHACK 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. RADIO SHACK 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: 3 City of Fort Worth Radio Shack Corp. Ms. Laly Joseph, REM Ms. Jamie Caballero With Copy To : Pretreatment Services Manager Radio Shack Corporation Mr. Gilbert Agbulos Pretreatment Services Division Risk Management Radio Shack Corp. Fort Worth Water Department Department 401 NE 38th Street 920 Fournier Street 300 RadioShack Cir Fort Worth, Texas 76106 Fort Worth, Texas 76102 Fort Worth, Texas 76102 III. INDEMNIFICATION RADIO SHACK 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 RADIO SHACK CORP., its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and RADIO SHACK 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 RADIO SHACK CORP., its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that RADIO SHACK 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, RADIO SHACK 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 RADIO SHACK 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. 4 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 WITNET WHEREOF,the parties hereto have made and executed this Agreement this day of ,A.D., 20 City of Fort Worth Attest:P�\ By: C y Secretary F 0)V Mr. Fernando Costa Al 0�°°°°°°O°o`yle: Assistant City Manager p�o° % 0Q0 '�-4 d UICA 0°00 000 ,x,,, Sebastian is era, REM NO M&C REQUIRED °000°000� *XAS'�Xitle: Asst. Dir. Water/Pollution Control ��htLat`v Fort Worth Water Department Approved as to Form and Legality: By: " k- Date: Ms. Chfi0a Reynolds Title: Asst. City Attorney RADI HACK CORP. By: Title: t'1'l AK i< W&71 - D Date: At) OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX 5