R90-19 08-13-90 RESOLUTION NO. R90-19
A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT, A
FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN
FOR ALL PURPOSES AND DESIGNATED EXHIBIT "B", BY AND BETWEEN
SOLVENTS AND CHEMCIALS, INC. AND CITY OF PEARLAND, TEXAS FOR
THE REMOVAL OF TREATED LIQUID WASTE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION 1, That certain Contract, a facsimile of which is
annexed hereto, designated Exhibit "B" hereof and incorporated herein
for all purposes by and between City of Pearland, Texas and Solvents
and Chemicals, Inc. for the treatment of waste materials is authorized
and approved.
~ That the Mayor of City of Pearland is authorized to
execute and the City Secretary is authorized to attest the original
and counterparts of the annexed Contract documents as an act and deed
of City of Pearland.
PASSED, APPROVED and ADOPTED this /J day of
A. D., 1990.
C. V. COPPINC~I~/ /
MAYOR
ATTEST:
CITY SECRETARY
LESTER G. RORICK
CITY ATTORNEY
EXHIBIT "B"
CONTRACT
THE STATE OF TEXAS
COUNTY OF BRAZORIA
o
o
o
KNOW ALL MEN BY THESE PRESENTS:
This contract made and entered on the date of approval by City
Council by and between CITY OF PEARLAND, TEXAS and SOLVENTS AND
CHEMICALS, INC. for the discharge of treated liquid waste from a fire
occurring June 8, 1990.
WHEREAS, Solvents and Chemicals, Inc. has stored the liquid
waste from a fire occurring June 8, 1990, including firefighting
materials and Solvents and Chemicals products; and
WHEREAS, Solvents and Chemicals, Inc. has asked for authority to
dispose of the subject liquid waste through and by use of the sewage
treatment facilities of City of Pearland; and
WHEREAS, City of Pearland desires to provide for the safe
disposal of the subject materials and provide for specific guidelines
for disposal to protect the health, safety and welfare of its
citizens.
NOW, THEREFORE, THE PARTIES HAVE AGREED AS FOLLOWS:
Section One. City of Pearland agrees to accept for treatment in
its system waste product containing component materials within the
parameters set forth at Exhibit "A", which is annexed to this contract
and incorporated herein for all purposes and subject to the following
general conditions:
A. Solvents and Chemicals, Inc. will deliver waste product to
City's Barry Rose Plant site.
B. Solvents and Chemicals, Inc. will be responsible for all
loading and delivery costs.
C. Each load will be accompanied by a Bill of Lading and
Certificate of Analysis, demonstrating compliance with the
cri teria set forth at Exhibit "A".
D. Each analysis will be conducted by EFEH or such other labo-
ratory and may be mutually agreeable to the parties.
E. All deliveries will be made over truck routes designated by
City of Pearland, and City of Pearl and reserves the right to
demand reduction of load size when and if, in the judgment
of its engineer, damage is being caused to its roadway by
reason of the weight of the load.
F. City of Pearland reserves the right to restrict the number
and frequency of deliveries when, in the opinion of its
Public Works Superintendent, Ronny McWhirter, the treatment
facility cannot safely and efficiently handle the volume of
waste to be delivered in addition to that already on site.
G. Solvents and Chemicals, Inc. will provide City of Pearl and
with certificates evidencing vehicle liability and damage
coverages in amounts of at least $500,000.00 for property
damage and $500,000.00 for personal injury.
H. Solvents and Chemicals, Inc. further agrees to indemnify and
hold harmless City of Pearland from any damages occurring to
its facility or other damages of whatsoever kind and nature
occurring by reason of non-compliance with the terms of this
agreement.
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I. Solvents and Chemicals, Inc. agrees to pay City of Pearland
$1.93 per each 1,000 gallons disposed of pursuant to this
agreement, payable in full within thirty (30) days of City
of Pearland's invoice. Additionally, Solvents and
Chemicals, Inc. agrees to reimburse City of Pearl and the
reasonable cost of consulting services provided by SSCI in
connection with this contract.
Section Two. For and in consideration of the foregoing and
compliance therewith, City of Pearl and agrees to accept for treatment
at its Barry Rose facility 700,000 gallons of waste product within the
parameters and standards set forth at Exhibit "A".
Section Three. When and if performance of this agreement or any
part thereof is prevented, delayed or interrupted by lack of labor or
materials or failure of the treatment facility, or by fire, storm,
flood, war, rebellion, insurrection, sabotage, riot, strike,
differences with workers, or as a result of some law, order, rule,
regulations or necessity of governmental authority, or as a result of
filing a suit or as a result of any cause whatsoever beyond the
reasonable control of City of Pearland, City of Pearl and will not be
liable in damages for its failure to perform hereunder for so long as
the subject condition shall exist.
Section Four. This contract will be interpreted according to laws
of the State of Texas, it being provided, however, that Solvents and
Chemicals, Inc. shall in no event be entitled to specific performance.
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Section Five.
Failure of the waste product to comply with the
specifications set forth at Exhibit "A" shall authorize City of
Pearl and to refuse all non-conforming deliveries.
SIGNED THIS _~~_ DAY OF ___~V6?~~~ , A. D., 1990.
SOLVENTS AND CHEMICALS, INC.
BY:
ATTEST:
~.-.- .~~
~.
CITY OF PEARLAND, TEXAS
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BY c. _/. /~.-r/L.;:---~~__ ~.-,
C-:-V~coPPrNGER --/,.-----~--
MAYOR
ATTEST:
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I __,.(~/~,} _ L I :-_,___
------"""---~---------------
KAY KROUSE
CITY SECRETARY
.J
-
L TER G. RORICK
CITY ATTORNEY
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EXHIBIT "A"
Treated water will be stored in roughly 21,000 gallon batches in
clean tanks.
Each batch will be sampled from top, middle and bottom
and a composite prepared that is representative of the tank's
contents.
The composite sample will be analyzed by EFEH for at least
the following parameters:
pH
Oil and Grease
TOC
TSS
TDS
COD
Cyanides
Chlorides
Fluorides
H S
2
Phenol
Arsenic
Barium
Cadmium
Chromium
Copper
Lead
Manganese
Mercury
Nickel
Selenium
Silver
Zinc
Benzene
Toluene
Xylene
Ethylbenzene
Antimony
Beryllium
Bismuth
Cobalt
Molybdenum
Uranyllon
Rhenium
Strontium
Tellurium
Pesticides
Herbicides
PCBs
6 to 9
100 mg/l max
50 mg/l max
250 mg/l max
500 mg/l max
100 mg/l max
1 mg/1 max
250 mg/1 max
2 mg/1 max
1 mg/1 max
6 mg/1 max
0.1 mg/1 max
1.0 mg/1 max
0.05 mg/1 max
0.5 mg/1 max
0.5 mg/1 max
0.5 mg/1 max
1.0 mg/1 max
0.005 mg/1 max
1.0 mg/1 max
0.05 mg/1 max
0.05 mg/l max
1.0 mg/1 max
10 micrograms/1 max
10 micrograms/1 max
10 micrograms/1 max
10 micrograms/1 max
Below Detectable Limit (BDL)
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
BDL
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In transporting material to the City of Pearland, Solvents and
Chemicals, Inc. will use a truck dedicated to this service that has
previously been cleaned to ensure there will be no contamination of
the water. Each truck will carry a copy of the analytical results for
the batch being transported.
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