HomeMy WebLinkAboutContract 31188 CIS+r SEORETAR�r
CONTRACT CIO. l
STATE OF TEXAS
COUNTY OF TARRANT
AGREEMENT FOR THE DISCHARGE OF PRETREATED GROUNDWATER FROM
3900 ANGLE ROAD, TO THE PUBLIC SEWER SYSTEM
This agreement is made and entered into by and between LAFARGE CORPORATION, (On
behalf of LAFARGE) 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. LAFARGE requests approval for the sewer discharge of groundwater from beneath,
Cement Kiln Dust (CKD), landfill, located at 3900 Angle Road, Fort Worth, Texas
76106. LAFARGE, proposes performing analysis of the groundwater to identify
characteristic pollutants known or reasonably expected to be present in the wastewater.
LAFARGE, 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 wastewater recovery and
pretreatment system operated by LAFARGE, located at 3900 Angle Road, Fort Worth,
Texas 76106.
2. LAFARGE, agrees to install and operate a pretreatment facility for the treatment of water
prior to discharge into the public sanitary sewerage system. The pretreatment system
shall (at a minimum) consist of:
a) A facility to treat water 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.
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 mg/L)
Arsenic 0.1
Cadmium 0.3
Chromium total 5.0
Copper 3.0
Lead 2.9
Mercury .01
Nickel 2.0
Silver 0.1
Zinc 5.0
Effluent discharged from the pretreatment system will not exceed the following limitations:
pH in standard units must be between 5.0 and 12.0. 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. LAFARGE, agrees that the sewer discharge shall not exceed a rate of 30 gpm (gallons per
minute); with an average flow of 10 gpm. If an increase is desired, LAFARGE, 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. LAFARGE, 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. LAFARGE, will be permitted to resume
discharge if sampling and investigation show that LAFARGE, treated wastewater
discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater
than 10%.
LAFARGE, also agrees to discontinue discharges that violate the discharge requirements
established by this Agreement and may recommence discharge only when compliance is
assured.
5. LAFARGE, 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 monthly and
analyzed for pH and TSS., and any other pollutants identified at quantifiable levels.
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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.
LAFARGE, agrees that although a minimum sampling frequency is stated herein that
continuous and consistent compliance is LAFARGE's responsibility and LAFARGE, 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 LAFARGE, with copies of any request from a third party for this information.
6. LAFARGE, 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 LAFARGE, financial
reports on an annual basis to ensure the conditions continue to warrant accepting the self-
insurance alternative.
7. LAFARGE, 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. LAFARGE, 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 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:
CITY OF FORT WORTH LAFARGE CORPORATION
Mr. Sebastian Fichera, REM, Manager Mr. William E. Voshell
Pretreatment Services Division Regional Environmental Manager
Fort Worth Water Department Lafarge Corporation
920 Fournier Street Cement Group/U. S. Operations
Fort Worth, Texas 76102 4000 Town Center, Suite 2000
Southfield, Mi 48075
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III. INDEMNIFICATION
LAFARGE, 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 LAFARGE, its officers, agents, servants,
employees or subcontractors in the performance of this Agreement, and LAFARGE, 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 LAFARGE, its officers, agents, servants, employees or subcontractors
in the performance of this Agreement, provided, however, that LAFARGE 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 two years after the execution date. If further discharge
of treated water is required after the end of this Agreement, LAFARGE, 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 LAFARGE, 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 TPDES 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 L S WHEREOF, the parties hereto have made and executed this Agreement this
day o , A.D., 200.9 .
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CITY OF FORT WORTH
Attest: By:
CityONecretary Mr. Marc A. Ott
Title: Assistant City Manager
By:
Mr. Sebastian Fichera, REM
^� Title: Manager/Pretreatment Services
r _ _ wxeo �atao Fort Worth Water Department
d Ms. Marcella Olson
Title: Asst. Water Director.
Fort Worth Water Department
Approved as to Form and Legality:
Date:
Mr. Gary J. inberger
Title: Asst. City Attorney
LAFARGE CORPORATION
By: l✓:c,PiLo..• aS if Title: .c.:�.�Y �,�,•ir !'1�1 a,...o, ,�
Date: z ov y