HomeMy WebLinkAboutContract 45375 T
CCNTRACT
FUINI WUKTH.,
1 NO&- I
0
CITY OF FORT WORTH
CO-DIGESTION FEED STOCK-, t,ALI V Ei RY AGREEMENT
This Agree ent, s entered 'Into this JAi4oit ja q, Z5 day of 20,, If by and between the City
of Fort Worth (CITY), by and through its duly authorized Assistant
111 Fernando Costa and ^ a (Hauler), and through its
002 #6
duly authorized,��,/,/
WHEREAS, the C TY's Village Gees Water Reclamation FaclU ty C RF
located at 4500 Wilina Lane, Arlington, Texas, has the capability to accept and process
rg c, waste, grease �d food waste that east t o testing characteristics set by the C'
(collectively referred to as Co-digestion. deed Stock)and;
WHEREAS, Hauler would like to dispose of its Co-digestion Feed Stock at the VCWR ".
NOW 'I"H REFO E, in consideration of the mutual promises and benefits of this age eeme cat,
the CITY and Hauler agree as follows:
,CONTLi Nj .QF THE W.ASTE
For the purposes of this agreement, Co-digestion Feed Stock shall east b -
swabs no -toxic organic waste antenable to anaerobic digestion as
determined bIy the CITY.
2. Hauler may .1y 11 i. ° r - to the VC Co-generation facility materials as
approved and shown can the Genet for Waste Profile Beset attached as Exhibit A t .
this agreement. HHale r shalt obtain the signature of the generator on the Generator
Waste Profile sheet Prior to the any disposal at the VCWRF.
3. A Haider may not discharge any material which inay, for any reason contain
hazardous waste as defined by the es urce Conservation and Recovery Act, 42 USC
Section 6901 et. se q, or any hazardous substances as defined i n the
"Iff-I
Comprehensive invir nmental It spy n e, Compensation and Liability Act,, 42
SC Section 9601 et. seq., nor any material that cont m's any anio nt of material
of unknown rig which may 'Itself, or in combination with other components cause a
dear'ie ta1 impact to the anaerobic digestion process. All material inust he capable of
being pumped through a + .5 inch screen. �:auter inay of deliver any solid materials,
RECEI'VED FED 19 2W Vila V�b
which alone or in combination with other material may cause obstruction or damage
to the facility.
4. CITY may, at its sole di,scret.,ton 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 Haulefs 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 Hau,ler'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 deter Mi'lling the cheilu'cal, 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 of
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any fime thereafter. The CITY has the right to 'Inspect and sample facilities associated
with the generation of accepted waste, CITY has the fight to change the classification
aid I I
nd any associated fees for waste det"vered based upon the results of laboratory
analyses performed on the waste sample.
6. No Waste will be accepted which may cause pass-tbrough or interference for the
CITY's utility or system.
12INPOSAL RATE D,WASIE CLA551FICATI
L,IAJES LPMRILLING
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
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within thirty (3 0) days Eroni the date of the invoice. If the bill is not p ai within, 30)
days ftom the date, the bill "is due, the agreement will be suspended unfil the payment
is completed or make payment arrangements with CITY'.
11.ME OF DIS!LHARGE
9. The CITY shall accept Co-digestion Feed Stock at the VCWRF for disposal Monday
through Saturday i n accordance with the schedule as coordinated ttu-ough the Facility
Superhitendent, except as refierred to in paragraph 18 or in an et situation as
defined by CITY.
to. It is the responsibility of the Hauler to discharge the Co-digestion Feed Stock 'Into
the recei'ving area, set tip to receive Co-digestion Feed Stock at the CITY facility.
MET L1,00 QF__D1Kj1ARQ#L1
Prior to discharging,any Co-di-gest"Ion Feed Stock, the Hauler must check in and
sign a delivery ticket(the"Ticket"), The Ticket Will state the*,
(a) date-,
(b) timem,
(c) name of Hauler1j,
(d) origin and type olf'Waste being offered for disposal;
(e) volutneofthe truck,
volume of Waste being,offered, for disposal;
(g) nanie 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
I Offing by the
pump,, Blowing off' of waste is prohibited unless authoflzed in wil I
CITY,
1.3. No Co-dl gesti"on Feed Stuck may be discharged into the septage receiving area.
'j,
Prior to each truckload of waste being discharge, 'It 'is the responsibility of the Hauler
to notify CITY personnel of its ihitent to discharge Co-digestion Feed Stock. HaLlIet.
will not discharge any Co-dl ges,tion Feed Stock until notified by CITY personnel to
It
begin discharging.
14. The Hauler Will beresponsible for the clean-up and removal of any Co-digestion
It
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 co pl y ivith all CITY rules for the VCWRF. Hauler shall
adhere to all posted speed limits and, safety rules at all tinles.
INDEMNWLWAILUN
16. Hauler shall comply with all, inunicipal, State or Federal environmental laws for the
ha-uling and discharging ofany and all waste.
17. A. For purposes of this agreenient,the following words and phrases shall be
defined as follows.-
I Enviivinnenicil Dainages shall mean all, claims, j,udgments, damages, losses,
penalties, fines, liabilities (including strict liability), enctinibranoes, liens,
costs, and expenses of investigation and defense of any claim, whether or not
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such clalin 'is ultimately defeated, and of any good faith settlement or
judgment, of whatever kind, or nature, contingent or otherwise, matured or
un.matured, foreseeable or unforeseeable, includi I ng without limitation
reasonable attorney's, fees and disbursements and consultant's fees, ally 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 violafion of environmental requirements pertaining to, and
including without limitati-on:
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 NVIth the
investigation or reinediation 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 moDitoring 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
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of envi't011inental 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 I*ndemnify such
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person or agency for costs expended in connection with the items
referenced in paragraph 2,of this part,,
2. Envii-onment(d iequirements shall mean all applicable present and ftiture
statutes, regulations, rules, ordinances, codes, licenses, permits, orders.
approvals, plans, authori zat i*ons, concessions, franchises, and similar items, of
all governmental agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, states, and political subdiv isi oils thereof
and all applicable Judicial, administrative, and regulatory decrees, i
and orders relathig to the protection of human health or the environment,
including without Hinitation,
a. All requirements I including, but not limited to!, those peilainll'ng to
reporting, licensing, pe"n-nitting, invesfigation., and reniediation 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, storniwater, or land, or relating to the
manufacture, processing, dish i"bution, use, treatment,, storage,, disposal,
transport, or handling of pollutants, contain inants, or hazardous,or toxic
substances, niaterials, or wastes, whether solid, liquid, or gaseous in
nature', and
b. All requirements pertaining to the protection of the health and safety of
mpl
eoyees or the public.
13, GENERAL INDEMNIFICATION. HAULER DOES HERE-BY RELEASE,
INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY,
ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS, FROM AND
AGAINST ANY AND ALL 1,1ABILITY, 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
THISAGREEME NT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE,
CAUSED BY THE NEGLIGENCE OF HAUL ITS OFFICERS, AGENTS,
OR EMPLOYEES, OR THE JOINT NEGLIGENCE O�FHAULER, ITS
OFFICERS, AGENTS, OR EMPLOYEES, AND ANY OTHER PERSON OR
ENTITY.
Ca ENVIRONMENTAL INDEMNIFICATION,* HAULER DOES HEREBY
RELE ASE, 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 RE QUIRE MENTS
R14ESULTING FROM THEHAULERIS TRANSPORTING OR DISPOSAL OF
WASTE AND ALL RELATED ACT IVTIES UNDER THIS AGREEME N'T.
4 f% 1
18. CITY may "in its sole discretion and without prior notice., rus
eie to accept the
discharge of Co-digestion. feed stock fi-om Haider at times of treatment plant upset,
high influent flow conditions or for any other good catise as determined by CITY
personnel.
IL!"Im am
19. The term f''this Agreement shall be for five (5) years fi-oni the date of full, and
complete execution. Upon niutual written amendment, this, Agreement may be
ew,
renewed for itp to tive(5) one (1) year term.
20, Either party may teri'llinate this agreement by giving thirty (301) days written notice
to the other party. All indemnification provisions in the Agreement shall survive
termination.
j,N51QRAN!LLi RM I.U'MNTS
L
2,1. The Hauler shall at its own cost and expense maintain,, and shall cause Its
subcontractors to maintain insui,4ance in the rninnnum amounts as set forth below.
The Hauler shalt name the City as an additional 'Insured 'in its policies for the
insurance coverage requireict herein and a certificate of insurance evidencing the
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requirea insurance coverage shall be,filed by the Hau ler with the CITY. The CITY
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shall be given 30 days witten notice prior to ternunation or reduction of sucli
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insurance. The Hauler shall keep in force the following types of insurance in a
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company or companies acceptable to the CITY.
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A) Compre endue General Liability Insurance
Minimum Policy Limits of: $1, 0100 . er occurrence/$2,000,000,010.
Aggregate and inust 'Include Completed Operations Liability. Policy Must
be endorsed to show CITY as Additional Named Insured.
a
B) Wotpkerls Compensation and Employee's Liability Insurance covering al
employees engaged directly and indirectly in the disposal of Waste at the
CITY f
aci 10 ity. Coverage is to colion ply with Texas Statutes and include
coverage for Proprietors, Partners and/or Executive Offices. EMPLOYERS
A
I-JABILITY lihnits of$500,000.00 for each accident/disease requireu.
,4,
C) Automotive and the Vehicle Liability Insurance covering all,
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Combined Single L 0 im"t(CSL)owned, non-owned, and hired vehl"cles in
0 a 0
the following nmniinuin amounts,
1. Bodily Injury- $1,000,000.00
2. Property Dainage- $1 popuo
D)l Property Insurance
4,
The Hauler is reqw"red t o n sure his/her own Property. The CITY shall not
p 'de any insurance on the Hauler's pro�perty.
rovi
E): Additional Insured
The Hauter shall nanic the CITY as an additional "Insured on the Certificate of
Insurance,,
,CQSI: OLi.ENFQ&CEMENT
22. The Hauler sball reimburse C11"'Y for all costs, including reasonable attorneys' fees
and costs of suit, incurred by CITY "in enforcing this Agreement as a result of the
Hauler's violation of any provision of diis Agreement.,
QT,10E
23. All invokes, no ices, requests, demands and other conmnunications herein shall be
1 Aft
In writing and shall be deemed to have been duly given it
, delivered vi"a flax, in
"led by first class U.S. mail,postage pre-paid.
person or inal
7OM
A N�Vt A
1'':i ii 161
Mr.Jerry Pressley., REM (Company Name) oAUI
Village Creek Water Reclamation Facility (Addres,$),
For Worth'ester,Department (Phone)
r
4500 Wilma Lane V�A",
Arlington,Texas 7601,2 JU
Phone: 81,7-392-4,926
VCWRF phone:817-392-4920
LICi N.SINQULSTIN.C�w AND MQN11LOjKj�NG
24. The Hauler warrants that acquired and shall maintain all reqm'red State and Federal,
It"tenses and permits to haul waste. -rhe Hauler shall be solely respotul'ble at 'Its own
cost and expense for requi"rements, mandate,d by the Texas Coninliksl'on on
01
Environilientat Quality (TCEQ,), and the Uiu*ted States Environmental Protection
0
Agency ( pu
USEP,A):, or rua
snt to any ot munl
her local, el"pal, State or Federal
environmental law. Copies of any waste analysis reports or any other documentatioll.
sent to or from the TCEQ and USSA sliall be filed With the CITY.
E N]:jH"Q]jEL,M:E
25. This Agreement represents the entire agreement between the parties and supersedes
and nuffiffies any prior agreement, Any modification or addition to the agreement
nitist be in writing signed by both,parties.
Y.E..."i S U L,
26. Venue and jurisdiction of any suit,right,or cause of acti on arising under,or hi
coniiection with thlos,Agreement shall He exclusively in Tarriant County,Texas.
IN WITNESS WHERE OF, the parties hereto have made and executed this Agreement, till's
�day of-- ) AQDO� 20 41
CITY OF FORT OR
Attest:
y O
Ci,te e L
Mr. Fernando Costa
Title Assistant City Manager
A
N„
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m
Om
C6%o �
" f � s . ir. Water Resource covet
Fort Worth Water.Department
Approved as to Form and Legality'.
Date:
Ms, Cluis a Reynolds
Title: Sr. Assistant City Attorney
SouT 's
(INSER"I" COMPANY NAME witness,
By`
Tit Ie: CEU ININ I I
Date Date: