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Home My WebLink AboutContract 31314 { f CITY SECRETARY'�I� STATE OF TEXAS NO. COUNTY OF TARRANT AGREEMENT FOR THE DISCHARGE OF GROUNDWATER FROM LENNOX INDUSTRIES TO THE PUBLIC SEWER SYSTEM This agreement is made and entered into by and between LENNOX INDUSTRIES, 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. LENNOX INDUSTRIES, requests approval for the sewer discharge of groundwater from beneath, LENNOX INDUSTRIES, located at Summit Manufacturing (Mortex), 1200 Maxine Street (Previously owned by LENNOX INDUSTRIES), Fort Worth, Texas 76117. LENNOX INDUSTRIES proposes performing analysis of the groundwater to identify characteristic pollutants known or reasonably expected to be present in the wastewater. 2. The proposed discharge would enter the sewerage system of CITY. II. COVENANTS 1. The CITY agrees to receive groundwater from a groundwater recovery system operated by LENNOX INDUSTRIES, at Summit Manufacturing (Mortex), 1200 Maxine Street (Previously owned by LENNOX INDUSTRIES), Fort Worth, Texas. 2. LENNOX INDUSTRIES, agrees to monitor the water prior to discharge into the public sanitary sewerage system and agrees to provide: a) Sample points installed on the discharge line for water quality monitoring; and b) A flow meter installed to totalize effluent volume in cubic feet. Effluent discharged from the pretreatment system will not exceed the following limitations: Cadmium (Cd) of 0.69 mg/L, Chromium (Cr) of 2.77 mg/L, Copper (Cu) of 3.38 mg/L, Lead (Pb) of 0.69 mg/L, Nickel (Ni) of 3.98 mg/L, Silver (Ag) of 0.43 mg/L, Zinc (Zn) of 2.61 mg/L, Cyanide (CN) of 1.2 mg/L and TTO (Total Toxic Organics) listed for CFR 433 Category of 1.5 mg/L. All discharges shall be compliant with any ordinance the CITY or requirement of the Publicly Owned Treatment Works (POTW), and any state and/or federal: laws, regulations, codes, or requirements. 3. LENNOX INDUSTRIES, agrees that the sewer discharge shall not exceed a rate of 30 gpm (gallons per minute); if an increase is desired, LENNOX INDUSTRIES, 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. LENNOX INDUSTRIES, 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. LENNOX INDUSTRIES will be permitted to resume discharge if sampling and investigation show that LENNOX INDUSTRIES, wastewater discharge is not the source of nuisance odors andlor sewer LEL levels equal to or greater than 10%. LENNOX INDUSTRIES also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5. LENNOX INDUSTRIES, agrees to collect and analyze samples of the groundwater that is discharged to the sewer system and report all results to the CITY. Samples to be used for reporting purposes must, at a minimum, be collected every two months and analyzed for Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, Cyanide and Volatiles of the TTO group and any other pollutants identified at quantifiable levels. Samples needs to be collected annually and analyzed for Semi- Volatiles, Pesticides and, PCBs of the TTO group. 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(o)(1)(2), (p)(I)(2)(3)(4). CITY must receive analysis results within thirty (30) days from sampling date. LENNOX INDUSTRIES, agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is LENNOX INDUSTRIES's responsibility and LENNOX INDUSTRIES, 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 LENNOX INDUSTRIES, with copies of any request from a third party for this information. 6. LENNOX INDUSTRIES 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 LENNOX 2 r• INDUSTRIES financial reports on an annual basis to ensure the conditions continue to warrant accepting the self-insurance alternative. 7. LENNOX INDUSTRIES, 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. LENNOX INDUSTRIES, 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: 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 LENNOX INDUSTRIES Mr. Sebastian Fichera, REM, Manager Mr. Mark A. Yohman, Director Pretreatment Services Division Environmental Affairs Fort Worth Water Department Lennox Industries 920 Fournier Street P.O. Box 799900 Fort Worth, Texas 76102 Dallas, Texas 75379-9900 III. INDEMNIFICATION LENNOX INDUSTRIES, 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 LENNOX INDUSTRIES, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and LENNOX INDUSTRIES, 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 thi a result of any negligent act of omission or commission on the part of LENNOX INDUSTRIES, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that LENNOX INDUSTRIES, 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 LENNOX INDUSTRIES agrees to not discharge any water to the sewer system until an initial analysis of the influent and effluent waste water is performed and found to be in conformance with the effluent limits contained in this agreement. 3. This Agreement shall terminate 2 years after the execution date. If further discharge of treated water is required after the end of this Agreement, LENNOX INDUSTRIES, may request renewal of this Agreement. 4. 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 LENNOX INDUSTRIES, 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 WITjiESS WHEREOF, the parties hereto have made and executed this Agreement this day of VIP- b—Na(Li_ , A.D., 200 5 CITY OF FORT WORTH Attest: Y• City cretary r. Marc A Ott Title: Assistant Cit anager )D�Mkl 1: Z - 71- �Ju Contract Authorization 4 Date f r � 1 � T By: Mr. Sebastian Fi a, REM Title: Manager/Pretreatment Services Fort Worth,�Wa�te�(rr Department By: 4 /V `l�-C�"c Ms. Marcella Olson Title: Assistant Director Fort Worth Water Department Approved as to Form and Legality: Date: _ �s Mr. Gary J. Steinberger Title: Asst. City Attorney LENNOX INDUSTRIES / - ny I f ,{ By: lit Title: fyzd 1 from PAC; 1 Igo ,r-s