The URL can be used to link to this page

Home My WebLink AboutContract 46946 1 �1 CONTRACT STATE OF TEXAS COUNTY OF TARRANT AGREEMENT This agreement is made and entered into by and between Progressive Environmental Services, Inc. d/b/a SWS Environmental Services, (On behalf of IESI Texas Landfill, LP) (COMPANY), 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. IESI operates a facility located at IESI-Weatherford Landfill, located at 3131 Old Brock Avenue, Weatherford, TX. COMPANY requests approval to discharge wastewater from the facility to the CITY's sanitary sewer system. The wastewater to be discharged is to be derived from landfill leachate. COMPANY proposes performing analysis of the source to identify characteristic pollutants known or reasonably expected to be present in the wastewater. COMPANY also proposes to treat said wastewater for such pollutants to the levels described herein prior to discharge into the sanitary sewer. 2. The proposed discharge would enter the sewerage system of CITY. II. COVENANTS 1. The CITY agrees to receive pretreated effluent from a wastewater recovery and pretreatment system operated by COMPANY. 2. COMPANY agrees meet the following requirements prior to discharge into the public sanitary sewerage system. It shall (at a minimum) consist of- a) Wastewater to be transported to an authorized designated location by a permitted liquid waste hauler; b) Manifest must be provided for each load disposed; C) Discharge times must be approved by the city. Effluent discharged from the pretreatment system will not exceed the following limitations: All discharges shall be compliant with any ordinance requirement. Parameter Effluent Concentration Limit :(mg/L) W1M1'x&lim CORD C17Y SEX1311, T PA KIf 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 TTO (EPA 624 and 625 2.13 compounds) pH 5-12 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. 3. COMPANY agrees that the sewer discharge shall not exceed a rate of 200 gpm (gallons per minute); if an increase is desired, COMPANY 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. 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 if sampling and investigation show that COMPANY treated wastewater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. COMPANY also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5. COMPANY agrees to collect and analyze samples of the influent (prior to treatment) and the effluent (discharge after treatment) and report all results to the CITY. 2 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(0)(1)(2), (p)(1)(2)(3)(4) except total petroleum hydrocarbons which is listed in standard methods, 18th edition. 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's 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 $3,000,000 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. d) Damage incurred to any party or to any property while groundwater is being discharged and carried by Fort Worth's sewer transportation system to the Village Creek Water Reclamation Facility. e) 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. g) A thirty(30) day notice of cancellation shall be provided to the CITY. h) Maximum deductible of$5,000 per occurrence unless otherwise approved by the CITY. i) Certificates of Insurance are required to provide proof of insurance and shall be provided 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. 3 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. 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 INSERT COMPANY NAME Ms. Laly Joseph, REM, Env. Mgr. Damon Waresback, P.G. Pretreatment Services SWS Environmental Services Fort Worth Water Department 9204 Hwy 287 N.W. 920 Fournier Street Fort Worth, TX 76131 Fort Worth, Texas 76102 III. INDEMNIFICATION COMPANY 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 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, provided, however, that COMPANY 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. This Agreement shall terminate one year from the effective date of the agreement. If further discharge of treated water is required after the end of this Agreement, COMPANY may request renewal of this Agreement. 4 3. 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 COMPANY's 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 bio-monitoring requirements for compliance with CITY's NPDES 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 WITNESS WHEREOF, the parties hereto have made and executed this Agreement this 20th day of July, A.D., 2015. City of Fort Worth „ ,u p ti! f) v 0 Attest: .. �. ",-4, City Secret �,�� p Mr.°F� do-C to Title: Assistant City Manage z .m Wr IV® REQUIRE ebastian Fic era, REM Title: Asst. Dir. Water/Pollution Control Fort Worth Water Department proved as to Form and Legality: Date: 7k Ms. Chri a Reynol s Title: Sr. Assistant City Attorney Progressive Environmental Services, Inc. d/b/a S S Avironmental Services By: Date: July 20, 2015 Jame Web Jr. Title: Chie xecutive fficer "IC 01)& E C 0 R�;lr Ft 1IN0 Filf�R'111 Gil x 5