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Home My WebLink AboutContract 28304STATE OF TEXAS COUNTY OF TARRANT ��'� ��1�� i:�►v ��' �� . ,�� AGREEMENT FOR THE DYSCHA�k2GE OF TREATED GROUNDWATER FR�M LENNOX INDUSTRIES TO THE PUBLIC SEWER SYSTEM This agr�ement is made and entered into by and hetween LENNOX INDUSTRIES, Fort Worth, Texas, and the City of Fort Worth (CITY). For and in considera�ian of the cov�s � prorni�es cantained herein, tka.e parties hereto agee as follows: r I. RECITALS - � �i � ��' .. �fl ; �� z . � 1. LENNOX INDUSTRIES, requests approval for the sewer discharge af groundwa�i �.�� beneath, LENNOX INTERNATIONAL INC, located at Summit Manufacturing (Mortex}, 1�00 Maxine Street (Previously owned by LENNOX INDUSTRIES}, Fort Worth, Texas 76117. LENNOX IlVDUSTRIES proposes performing analysis of the grounc�water io identify characteristic pollutants knawn or reasonably expected to be present in the wastewater. LENNOX �NDUSTRIES also proposes to treat said wasteFvater for such polIutants to the levels described herein priar ta discharge into the sanitary sewer. 2. The praposed discharge would enier the sewerage syste�n of CITY. II. COVENANTS l. The CITY agrees to receive pretr�ated effluent fram a wastewater recovery �nd pretreatment system operated by LENNOX INDUSTRIES, at Summit 1Vlanvfacturing (Mortex), 1�00 Maxine Street {Previously owned by LENNOX INDUSTRIES), Fort Worth, Texas. 2. LENNOX INDUSTR�S, agrees to install and operate a pretreatment facility for the treatment of water prior to discharge into the public sanitary sewexage system. The pretreatmen� system shall (at a xninimurn) consist of a} A facility to treat water to acceptable and safe 1imiis p�or to discharge to the sanitary sewerage system; ;, �� o } �� ' � � : . �,,� , �' �� ., f, b) Sample points installed on influent and �fflu�nt lines far watex quality monitoring; and c) A flaw meter installed to tatalize effluent valume in cubic feet. Effiuent discharged from the pretreatment system will no� exceed the following limitations: Cadmi�m {Cd} of 0.69 mglL, Chromium (Cr) o�' �.i'� mg/L, Copper�Cu} of 3.38 mglL, Lead (Pb) of 0.69 mglL, Nickel (Ni) of 3.98 mg1L, Silver (Ag) of 0.43 mglL, Zinc (Zn) of �.61 mg/L, Cyanide (CN} of 1.� mglL and TTO (Total Toxic Drganics) listed for CFR 433 Category of 1.� mglL. All discharges shall be compliant with any ordinance requirement of the CITY or requirement of the Publrcly Owned T�reatmer�t Warl�s {POTW), and any state andlor federaL laws, regulatians, codes, or reqvirements. 3. LENNOX INDUSTRIES, agrees that the se�ver discharge sha11 not exceed a rate of 30 gpm (gallons per minute); if an increase is desired, LENNDX INDUSTRIES, will request an increase in writing. The CITY will endeavor to respond within 30 days from d�te of receipt of such request. CITY reserves the right to refuse such request if, in the sale opinion of the CITY such r�quested increase will adversely affect the CITY's treatment plant or collection system. 4. LENNOX INDUSTRIES, agrees to discontinue discharges if the sewer lines receiving the discharge ar� found at any time to contain an atmosphere equal to 10% of the lower explosive limit and/or exhibit a petroleum-like nuisance odor. LENNOX INDUSTRIES, will be permitted to resume discharge if sampling and investigatian show that LENNOX TNDU�TRTES, treated wastewater discharge is not the source of nuisance adars andlar sewer LEL levels equai to ar greater �han 10°/a. LENNOX INDUSTRIES also agxees to discontinue discharges tha� violate the discharge requi�rements established by this Agr�ement and rnay recomrnence discharge only when cornpliance is assured. S. LENNOX INDUSTRIES, agrees to collect and analyze samples of the influeni (prior to freatment} and ihe e�fluent (discharg� af�er treat�nent) and report all results to the CITY. Samples ta be used for reporting purposes must, at a minimum, be collected every fiuvo months and analyzed far Cadmium, Chrornium, Copper, Lead, Nickel, Silver, Zine, Cyanide and Volatifes of the TTO group and any other pollutants identifi�d at quantifiable levels. Samples needs to he collected annually and analyzed far Semi- Volatiles, Pesticides and, PCBs of the TTO group. Sample callection, analytical and notification proc�dures must conform to methods approved by ihe U.S. Environmental Protectian Agency, listed in 40 CFR 136 and 40 CFR �4�3.Iz�oJ(�1(z1, (p)(I)(2)(3)(4). CTTY must reeeive analysis results within thirty {30) days from samplirig date. 2 LENNOX INDUSTRIES, agre�s ihat altbough a minimum sampling frequency is stated herein that continuous and consis#ent cornpliance is LENNOX INDUSTRIES's responsibility and LENNOX IlVDUSTRIE�, will act accordingly to insure confinuous and cansistent compliance. CITY agrees insafar as permitted by law, to keep all these reports and r�sults conf'id�ntial and will endeavor to provide LENNOX INDUSTRIES, with copies of any request from a third party %r this information. 6. LENNOX IlVDUSTRIES Environrnental Itnpairment Liability (EIL} eommercial insurance requirement is waived based on the review of the company's financial status by tlle City's Risk Management Division. However, City may need to review LENNOX TNDUSTRIES financial reports on an annual basis to ensure the conditions continue to warrant accepting the self-insurance alternative. 7. LENNOX INDUSTRIES, agrees ta pravide tbe CITY with access to the monitored site so that the CITY may monitor/sample at its discretion. CITY agrees, insofar as pernutted by law, to keep all r�sults of these samples confidential. 8. LENNOX ]NDUSTRIES, agrees tfl compensate the CITY for the cast-of-doing business in the foilawing arnounts: a) wa Monitorin� Fee: A payment of $5000 for the cost of administering and monitaring the discharge during the agreement period. Transportation Fee: A discharge £ee based on the CITY billing rates for the volurne of wastewater discharged. b) The Monitoring Fee shall be paid io the CYTY prior to the commencement of discharge. The Transpartatinn Fee shall be paid to the CIT�' upon receipt of a bil� for services. Except as a party may otherwise direct by writt�n notice to the other, all correspondence and reparts shall be directed as follows: C'itv ol' �� or# ��r�li I��r. Sebastian Fichera, Manager Pretreatment Services Di�vision Fort Worth Waier Department 920 Fournier Sireet Fart Wortk, Texas 7b102 LF��1jY�� I�IYI��JST1��S Mr. Mark A. �'�hman, Direcior Environmental Affairs Lennox Industries P.O. Box 79990� Dallas, Texas 75379-9900 3 IIY. INDEMNIFiCATION LENNOX INDUSTRTES, covenants and agrees to, and does hereby, indemnify and hold harmless and defend ihe CTTY, its officers, agents, and emplayees, from and against any and all suits or claims far darnages or injuries, including death, to any and all p�rsons or property, resulting from any negligent act of omission ar comrnission on th� part of LENNOX INDUSTRTES, its officers, agents, servants, emplflyees ar subcontractors in the performance of this Agreement, and LENNOX INDUSTRIES, does hereby assume all liability and respansibility f�r �njuries, clairns ar suits for damages, to persons ar property, af whatsoever kind of eharacter, vc+hether real or asserted, occurring during or arising out of the perfartnance of this Agreement, as a result of any negligent act of omission or comimzssion an the part of LENNO� INDUSTRIES, its officers, agents, servants, emplayees or subeontractars in the performance of this Agreement, provided, however, that LENNOX INDUSTRIES, liability sha11 be limited ta that established in Article 62S2-1.9, Texas Revised Civil Statues, and other applicable state statutes and con�titutional provisions. IV. AMENDMENT AND TERMINATION OF AGREElVIENT 1. This Agreement may be amended in writing by mutual agreement of the parties hereto. 2 LENNOX INDUSTRIES agrees to not discharge any water tfl the sewer system until an initial analysis of �he influent and effluent waste water is perfarmed and found ta be in conformance with the effluent Iimits contained in this agreer�ent. 3. This Agreement shall terrninate 2 years after the execution date. Tf further discharge of treated water is required af�er the end of this Agr�em�nt, LENNOX INDUSTRIES, may request renewal of this Agreernent. 4. The CITY may terminate this A�reement without notice at any time if, in its sole opinion, the discharge auihorized thereunder is adversely affecting the CITY's treatmen� plant or collection system. In addition, this Agreement may be terminated by the CTTY if and when the CTTY determines that LENNOX INDUSTRIE�, wastewater discharge will subject the CITY ta fines, penalties, administ�'ative orders or any enforcernent action by state or federal agencies, ar require CITY to perfornn treatment to remove toxiciiy, including any additionai biomonitoring requirements for compliance with CITY's NPDES pertnit. VENUE Venue and jurisdiction of any suit, right, ox cause of action arising under, or in cannection with, this contract shall lie exclusively in Tarrant Caunty, Texas. 4 ' � . t IN WITNES5 EREOF, ihe parties hereto have made and executed this Agreement this �� day of � � , A.D., L}}-t�� . CITY OF FO�iT WORTH .�� Attes�: r - — City ��cre#ary �� . �� - Contr�ct Autk,o�i��ip'� �.�.4 �..,__._.._� ..._... _...�_-�- ---. �� : Title: Assis�ant City anag � By � („P..: �� .G�.,�� r Sebastian ' ra Title: Manager/Pretreatment Services For�Worth Water Departme . �, , By: + _��SY� � . Robert Mc1V�i11dn Title: Asst. Dir. WaterlPollution Cantrol Fort Worth Water D�partment Approved as to Form and Legality: Mr. G J. 5teinber �r �"S' � Title: Asst. City Attorney LENNOX TNDUSTRIES . r, By. � . f�� Q - � '' � �� r, �i��,F,��(v� ' � ! ,�c 5 Date: � � �'�.� T�t1e: ,�, wcc�r,r �/�v►la✓1►m �fi,� J 1�{�r» r�_, a �� i �