Loading...
HomeMy WebLinkAboutContract 45373 (2)FORT WORTH® CITY OF FORT WORTH cnry aECREZ/URY CO IMAM CO -DIGESTION FEED STOCK - DELIVERY AGREEMENT This Agreement, is entered into this _4th day of February, 2014 by and between the City of Fort Worth (CITY), by and through its duly authorized Assistant City Manager, Fernando Costa and Liquid Environmental Solutions of Texas, LLC (Hauler), by and through its duly authorized Executive Vice President, Richard H. Leib. WHEREAS, the CITY's Village Creek Water Reclamation Facility (VCWRF) located at 4500 Wilma Lane, Arlington, Texas, has the capability to accept and process organic waste, grease and food waste that meet the testing characteristics set by the City (collectively referred to as Co -digestion Feed Stock) and; WHEREAS, Hauler would like to dispose of its Co -digestion Feed Stock at the VCWRF. NOW THEREFORE, in consideration of the mutual promises and benefits of this agreement, the CITY and Hauler agree as follows: CONTENT OF THE WASTE 1. For the purposes of this agreement, Co -digestion Feed Stock shall mean bio- degradable, non -toxic organic waste amenable to anaerobic digestion as determined by the CITY. 2. Hauler may only deliver - to the VCWRF Co -generation facility materials as approved and shown on the Generator Waste Profile Sheet attached as Exhibit A to this agreement. Hauler shall obtain the signature of the generator on the Generator Waste Profile sheet prior to the any disposal at the VCWRF. 3. A Hauler may not discharge any material which may, for any reason contain hazardous waste as defined by the Resource Conservation and Recovery Act, 42 USC Section 6901 et. seq, nor any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Section 9601 et. seq., nor any material that contains any amount of material of unknown origin which may itself, or in combination with other components cause a detrimental impact to the anaerobic digestion process. All material must be capable of being pumped through a 0.5 inch screen. Hauler may not deliver any solid materials RECEIVEU FEB i i014 OFFICIAL RECORD ©MY SECRETARY G'3 ORTHI X • which alone or in combination with other material may cause obstruction or damage to the facility. 4. CITY may, at its sole discretion and without prior notice, refuse to accept at its facility and reject for processing any materials it deems may contain hazardous waste, or be incompatible for processing at the VCWRF. Acceptance of any materials by the CITY shall in no way limit the Hauler s liability for damages or violations of any applicable laws. If waste accepted at the facility is tested and is proved is incompatible with the process, the Hauler shall remove the waste from VCWRF at the Hauler's expense. If the City deems it necessary to remove the waste, the CITY may remove the Waste at the Hauler's expense. 5. For the purposes of determining the chemical, physical or biological characteristics of any material presented at its facility for discharging CITY reserves the right, at its own expense to sample and analyze material prior to permitting its discharge or any time thereafter. The CITY has the right to inspect and sample facilities associated with the generation of accepted waste. CITY has the right to change the classification and any associated fees for waste delivered based upon the results of laboratory analyses performed on the waste sample. 6. No Waste will be accepted which may cause pass -through or interference for the CITY's utility or system. DISPOSAL RATES AND WASTE CLASSIFICATION RATES AND BILLING 7. Rates shall be set by the City Council and may be amended from time to time. 8. Hauler will receive a bill from the CITY on a monthly basis. All bills must be paid within thirty (30) days from the date of the invoice. If the bill is not paid within (30) days from the date the bill is due, the agreement will be suspended until the payment is completed or make payment arrangements with CITY. TIME OF DISCHARGE 9. The CITY shall accept Co -digestion Feed Stock at the VCWRF for disposal Monday through Saturday in accordance with the schedule as coordinated through the Facility Superintendent, except as referred to in paragraph 18 or in an emergency situation as defined by CITY. 10. It is the responsibility of the Hauler to discharge the Co -digestion Feed Stock into the receiving area set up to receive Co -digestion Feed Stock at the CITY facility. METHOD OF DISCHARGE 11. Prior to discharging any Co -digestion Feed Stock, the Hauler must check in and sign a delivery ticket (the "Ticket"). The Ticket will state the: (a) date; (b) time; (c) name of Hauler; (d) origin and type of Waste being offered for disposal; (e) volume of the truck; (f) volume of Waste being offered for disposal; (g) name of the CITY representative accepting the ticket; (h) signature of driver delivering the waste. 12. The CITY will supervise the discharge of Co -digestion Feed Stock at the VCWRF and instruct the Hauler as to the rate of flow at which to discharge the Co -digestion Feed Stock. Discharge of Waste from truck must be pumped using the Hauler's own pump. Blowing off of waste is prohibited unless authorized in writing by the CITY. 13. No Co -digestion Feed Stock may be discharged into the septage receiving area. Prior to each truckload of waste being discharge, it is the responsibility of the Hauler to notify CITY personnel of its intent to discharge Co -digestion Feed Stock. Hauler will not discharge any Co -digestion Feed Stock until notified by CITY personnel to begin discharging. 14. The Hauler will be responsible for the clean-up and removal of any Co -digestion Feed Stock and other materials spilled by the Hauler on CITY property as well as Co -digestion not properly discharged by Hauler into the receiving area. 15. Prior to any delivery, the Hauler must attend a plant orientation class and be familiar with and comply with all CITY rules for the VCWRF. Hauler shall adhere to all posted speed limits and safety rules at all times. INDEMNIFICATION 16. Hauler shall comply with all municipal, State or Federal environmental laws for the hauling and discharging of any and all waste. 17. A. For purposes of this agreement, the following words and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of handling, collection, transportation, storage, disposal treatment, recovery, and/or reuse of waste pursuant to this contract, or the existence of a violation of environmental requirements pertaining to, and including without limitation* a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in paragraph 2of this part. 2. Environmental requirements shall mean all applicable present and future statutes, regulations rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation* a. All requirements, including, but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and b. All requirements pertaining to the protection of the health and safety of employees or the public. B. GENERAL INDEMNIFICATION. HAULER DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE PERFORMANCE OF THISAGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE NEGLIGENCE OFHAULER, ITS OFFICERS, AGENTS, OR EMPLOYEES, OR THE JOINT NEGLIGENCE OFHAULER, ITS OFFICERS, AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR ENTITY. C. ENVIRONMENTAL INDEMNIFICATION: HAULER DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM THEHAULER'S TRANSPORTING OR DISPOSAL OF WASTE AND ALL RELATED ACTIVTIES UNDER THIS AGREEMENT. 18. CITY may in its sole discretion and without prior notice, refuse to accept the discharge of Co -digestion feed stock from Hauler at times of treatment plant upset, high influent flow conditions or for any other good cause as determined by CITY personnel. TERM AND TERMINATION 19. The term of this Agreement shall be for five (5) years from the date of full and complete execution Upon mutual written amendment, this Agreement may be renewed for up to five (5) one (1) year term. 20. Either party may terminate this agreement by giving thirty (30) days written notice to the other party. All indemnification provisions in the Agreement shall survive termination. INSURANCE REOUIREMENTS 21. The Hauler shall at its own cost and expense maintain, and shall cause its subcontractors to maintain insurance in the minimum amounts as set forth below. The Hauler shall name the City as an additional insured in its policies for the insurance coverage required herein and a certificate of insurance evidencing the required insurance coverage shall be filed by the Hauler with the CITY. The CITY shall be given 30 days written notice prior to termination or reduction of such insurance. The Hauler shall keep in force the following types of insurance in a company or companies acceptable to the CITY. A) Comprehensive General Liability Insurance Minimum Policy Limits of: $1,000,000.00 per occurrence / $2 000,000.00. Aggregate and must include Completed Operations Liability. Policy must be endorsed to show CITY as Additional Named Insured. B) Worker's Compensation and Employee's Liability Insurance covering all employees engaged directly and indirectly in the disposal of Waste at the CITY facility. Coverage is to comply with Texas Statutes and include coverage for Proprietors, Partners and/or Executive Offices. EMPLOYERS LIABILITY limits of $500,000.00 for each accident/disease required. C) Automotive and Other Vehicle Liability Insurance covering all, Combined Single Limit (CSL) owned, non -owned, and hired vehicles in the following minimum amounts: 1. Bodily Injury- 2. Property Damage - $1,000,000.00 $1,000,000.00 D) Property Insurance The Hauler is required to insure his/her own Property. The CITY shall not provide any insurance on the Hauler's property. E) Additional Insured The Hauler shall name the CITY as an additional insured on the Certificate of Insurance. COST OF ENFORCEMENT 22. The Hauler shall reimburse CITY for all costs, including reasonable attorneys' fees and costs of suit, incurred by CITY in enforcing this Agreement as a result of the Hauler's violation of any provision of this Agreement. NOTICE 23. All invoices, notices, requests, demands and other communications herein shall be in writing and shall be deemed to have been duly given, if delivered via fax, in person or mailed by first class U.S. mail, postage pre -paid. City of Fort Worth Liquid Environmental Solutions of Texas. LLC Mr. Jerry Pressley, REM Village Creek Water Reclamation Facility Fort Worth Water Department 4500 Wilma Lane Arlington, Texas 76012 Phone: 817-392-4926 VCWRF phone: 817-392-4920 Melinda S. Shelton Dallas Division Manager 11275 Newkirk Street Dallas, Tx 75229 melinda.shelton@liquidenviro.com Phone: 214-524-6102 cell: 214-883-6523 Alternate Contact: Chad Caudle, Transportation Mgr Cell: 214-234-6121 LICENSING. TESTING AND MONITORING 24. The Hauler warrants that acquired and shall maintain all required State and Federal licenses and permits to haul waste. The Hauler shall be solely responsible at its own cost and expense for requirements mandated by the Texas Commission on Environmental Quality (TCEQ) and the United States Environmental Protection Agency (USEPA), or pursuant to any other local, municipal, State or Federal environmental law. Copies of any waste analysis reports or any other documentation sent to or from the TCEQ and USEPA shall be filed with the CITY. ENTIRE AGREEMENT 25. This Agreement represents the entire agreement between the parties and supersedes and nullifies any prior agreement. Any modification or addition to the agreement must be in writing signed by both parties. VENUE 26. Venue and jurisdiction of any suit, right, or cause of action arising under, or in connection with this Agreement shall lie exclusively in Tarrant County, Texas. IN FITNESS W� EREOF, the parties hereto have made and executed this Agreement this 'ILL day of VdDflkCtYLi, A.D., 20 lid CITY OF FORT WORTH Attest: glAyLe- 2 City(Scr- a Approved as to Form and Legality: 4/1 AA � �'�- fryba � aril c.ie Date: Z.44841, By: 4.1.44t.Awdo &Le* Mr. Fernando Costa Title: Assistant City Manager Recomm;nded by: Sebastian Fic ra, REM Title: Asst. Dir. Water Resource covery Fort Worth Water Department Ms. Christa Reynolds Title: Sr. Assistant City Attorney Liquid En & en_ 1 Sol tons sif T • . as, LLC By: v � Title: Date: eRitatcori. Lti b Executive UicPresident of Sole Member i Witness (1444%4414.tcv K, 0-41 Regulatory Counsel Date: � � 119 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX