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Home My WebLink AboutContract 55492CSC No. 55492 CITY OF FORT WORTgI WASTEWATER DISCHARGE AGREEMENT This Agreement is made and entered into by and between Amalgamate Processing, Inc. (COMPANY), located in Richland Hills, Texas, and the City of Fort Worth (CITY), located in the counties of Tarrant, Denton, Parker and Wise, Texas. For and in consideration of the covenants and promises contained herein, the parties hereto agree as follows: I. RECITALS COMPANY requests approval for the sewer discharge of contaminated surface water generated by COMPANY, located at 2525 Handley Ederville Road, Richland Hills, Texas 76118 into the CITY's sanity sewer system. COMPANY has performed analysis of the contaminated surface water to identify characteristic pollutants known or reasonably expected to be present in the wastewater. COMPANY agrees to only discharge wastewater that strictly complies with pollutant levels described herein. II. COVENANTS 1. The CITY agrees to receive wastewater from Company into the public sanitary sewerage system that is complaint with the terms of this Agreement. 2. COMPANY agrees to only discharge wastewater into the public sanitary sewerage system in strict compliance with the terms of this Agreement. Company further agrees: a) That the discharge wastewater will be within acceptable and safe limits to the sanitary sewerage system; and b) To install a flow meter to totalize effluent volume in cubic feet, or estimated flow with sufficient written documentation. INTENTIONALLY BLANK �FFICIAL REC�RD CITY SECRETARY FT. WORTH, TX Effluent discharged will not exceed the following limitations: All discharges shall be compliant with any applicable City Code provision, state and federal law. Parameter Effluent Concentration Limit (mg/L) Arsenic 0.25 Cadmium 0.15 Chromium 5.0 Copper 4.0 Lead 2.9 Mercury 0.01 Nickel 2.0 Silver 1.0 Zinc 5.0 Oil & Grease 200 Cyanide 1.0 SGT-HEM 10.0 MTBE 2.0 MEK 1.0 BTEX 1.0 TTO (EPA 624, 625 and 2 1 � 608 com ounds) H 5-12 PFOA 0.0003 PFOS 0.0006 Limits for other narameters will be added based on the contaminants present in the wastewater. 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. Revised 3-2�-21 2 If anv other parameters are expected or if contaminants are unknown, EPA Methods 624/625 and 608 shall be nerformed and dischar6e limits will be established for those parameters present. 3. COMPANY agrees that the sewer discharge shall not exceed a rate of 100 gpm (gallons per minute); if an increase is desired, COMPANY will request an increase in writing. The CITY will endeavor to respond within 7 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 may adversely affect the CITY's treatment plant or collection system. 4. COMPANY 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. COMPANY will be permitted to resume discharge when sampling and investigation demonstrate that COMPANY treated wastewater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. COMPANY shall discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is established as determined by the CITY. 5. COMPANY agrees to collect and analyze samples of the wastewater and report all results to the CITY. 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 �03.12(0)(1)(2), (p)(1)(2)(3)(4). CITY must receive analysis results within thirty (30) days from sampling date. COMPANY agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is COMPANY responsibility and COMPANY 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 COMPANY with copies of any request from a third party for this information. 6. COMPANY agrees to procure prior to discharge, and maintain during the life of this agreement contract, Environmental Impairment Liability (EIL) insurance which is site specific at a minimum limit of $1,000,000 each occurrence. The EIL insurance shall include but not necessarily be limited to, coverage as follows: a) Sudden and/or accidental environmental impairment, contamination or pollution, and for gradual emissions. b) Clean-up costs. c) Defense costs. Revised 3-25-21 3 d) Damage incurred to any party or to any property while water is being discharged and carried by Fort Worth's sewer transportation system to the Village Creek Wastewater Treatment Plant. e) � b/ h) i) Coverage under the EIL policy shall be maintained for a period of two (2) years after termination or expiration of this agreement. CITY shall be endorsed as an additional insured and a waiver of subrogation in favor of the CITY. COMPANY must provide advance thirty (30) day notice of cancellation to the CITY. Maximum self-insured retention of $25,000 per occurrence unless otherwise approved by the CITY. COMPANY shall provide Certificates of Insurance to the CITY prior to discharge being permitted. 7. COMPANY 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. COMPANY agrees to compensate the CITY for the cost of doing business in the following amounts: a) Monitoring Fee: A payment of $500 for the cost of administering and monitoring the discharge during the agreement period. The Monitoring Fee shall be paid to the CITY prior to the commencement of discharge. 9. Except as a party may otherwise direct by written notice to the other, all correspondence and reports shall be directed as follows: Citv of Fort Worth Ms. Laly Joseph, REM Pretreatment Services Fort Worth Water Department 920 Fournier Street Fort Worth, Texas 76102 Amalgamate Processin�, Inc. Duane Renfro 7108 Burns Rd Richland Hills, Texas 76118 III. INDEMNIFICATION Revised 3-25-21 4 COMPANY covenants and agrees to, and does hereby, indemnify and hold harmless and defend the CITY, its officers, agents, and employees, from and against a 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 COMPANY its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and COMPANY 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 COMPANY its officers, agents, servants, employees or subcontractors in the performance of this Agreement. 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 the discharge of 400,000 gallons of contaminated surface water located at the facility. If further discharge of treated water is required after the end of this Agreement, COMPANY may request renewal of this Agreement. 3. The CITY may terminate this Agreement without notice at any time if, in its sole opinion, the dischaxge 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 COMPANY 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. V.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. Revised 3-25-21 5 IN WITNESS WHEREOF, this Agreement shall be effective on the date signed by the City Secretary as shown below. City of Fort Worth ,�,-p.4�� f'�'��U i� 0 �� ORT �� o d Attest: p�o �� d By Mary Kayser p�jo o=� City Secretary �� ,� o * �d Date:apr�,2021 �� o��O000000°o � �a� �EXASo-a B Y �q�q ��o� Dana Bur�L 20�28 CDT) Dana Burghdoff Assistant City Manager cG�risto�l�eY l�q��1e� Christophcr Hardcr (Mar26, 2021 09:53 CDT) Chris Harder, P.E. Fort Worth Water Director Approved as to Form and Legality: ��:�t� � �� ChristaRLopcz-Rcynolds(Mar3q2 114� DT) c� c Christa R. Lopez-Reynolds Sr. Assistant City Attorney Amal�amate Processin�, Inc. By: I �. --- Duane Renfro Chief Executive Officer Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. L�CCi� �U�� Laly�h (Mar , 2021 09:52 CDT) Name of Employee Environmental Program Manager Title Revised 3-25-21 ( �FFICIAL REC�RD CITY SECRETARY FT. WORTH, TX