HomeMy WebLinkAboutResolution - 2012-R0172 - Interlocal Contract - Lubbock Reese Redevelopment Authority-Wholesale Wastewater - 04_26_2012Resolution No. 2012-RO172
April 26, 2012
Item No. 5.8
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, an Interlocal Contract for wholesale
wastewater, by and between the City of Lubbock and Lubbock Reese Redevelopment
Authority, and related documents. Said Contract is attached hereto and incorporated in
this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
Passed by the City Council on April 26, 2012
TOM MARTIN, MAYOR
ATTEST:
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Reb cca Garza, City , ecreta�
APPROVED AS TO CONTENT:
a -lid a= zj'-�ed
Marsha Reed, P.E., Chief Operatinj Officer
APPROVED AS TO FORM:
ter! ;
vw.ccdoc& ES.Amend Contract-LRRA
April 11, 2012
Resolution No. 2012-RO172
WHOLESALE WASTEWATER INTERLOCAL CONTRACT
STATE OF TEXAS §
CITY OF LUBBOCK §
This contract made and entered into this, the 26th day of April, 2012 , by and
between the City of Lubbock, Texas, a Texas home rule municipal corporation, hereinafter
referred to as "Lubbock," and Lubbock Reese Redevelopment Authority, a political
subdivision of the State of Texas, hereinafter referred to as "Customer."
WHEREAS, the public health, welfare and safety of the residents of Lubbock and
tenants and residents of Customer require and the development of adequate systems of sewage
collection and disposal, the elimination of water pollution and the preservation of the water
resources of the State of Texas; and
WHEREAS, Lubbock is required to comply with standards and treatment methods for
wastewater as set forth in federal, state and local laws and regulations and permits; and
WHEREAS, Lubbock and Customer have an interest in maintaining and restoring
integrity of waters and the chemical, physical and biological integrity of waters and water
resources and insuring the reduction of pollution in said waters and water resources, and
planning the use, development, restoration, preservation, and enhancement of said waters and
water resources; and
WHEREAS, Customer desires to enter into a contract for wastewater treatment
service and Lubbock desires to provide wastewater treatment service to Customer; and
WHEREAS, Chapter 791 of the Government Code, authorizes Lubbock and
Customer to enter into this Contract;
NOW, THEREFORE, Lubbock and Customer, in consideration of the terms,
covenants and conditions herein contained, hereby agree as follows:
1. Definitions
When used in this Contract, these terms shall be defined as follows:
1.1 Act --The Clean Water Act, as amended. (33 U.S.C. 1251, et seq.)
1.2 Biochemical Oxygen Demand (BOD) — The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure, as specified in
"Standard Methods" in five (5) days at twenty (20) degrees Centigrade expressed as
milligrams per liter (mg/1).
1.3 Calibration — Verification of primary measuring device and secondary
instrumentation accuracy utilizing standard primary device procedures and calibration signals
and/or a separate flow measurement instrument.
1.4 Customer System — The facilities of Customer used for pretreatment, collection
and transportation of wastewater to the point of entry.
1.5 Delivery Facilities — All facilities necessary for the transmission of wastewater to
the Lubbock System that are on the Customer's side of the point of entry that are constructed
specifically to allow Lubbock to serve Customer.
1.6 Director — The Chief Operation Officer of the City of Lubbock.
1.7 Lubbock System — Lubbock's wastewater collection and treatment system, also
defined as "publicly owned treatment works" as provided in Title 40 of the Code of Federal
Regulations.
1.8 Industrial User — Any industry that discharges industrial processing wastewater,
including sanitary wastewater into the City of Lubbock's sanitary sewer system.
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1.9 Industrial Wastes — All water -borne solids, liquids or gaseous substances
resulting from any commercial, industrial, manufacturing or food processing operations, or
from the development of any natural resource, or any mixture of these with water or domestic
sewage.
system.
1.10 Infiltration — Water that has migrated from the ground into the wastewater
1.11 Inflow — Water other than wastewater that enters a sewerage system (including
sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains,
yard drains, area drains, drains from springs and swampy areas, manhole covers, cross
connections between storm sewers, and sanitary catch basins, cooling towers, storm waters,
surface runoff street wash waters or drainage. Inflow does not include, and is distinguished
from, infiltration water.
1.12 Liquid Waste — The water -borne solids, liquids, and gaseous substances derived
from certain sources including, but not limited to, grease trap, septic tank, chemical toilet
waste, and sand trap waste.
1.13 Metering and Sampling Facility — The meter, meter vault, and all metering and
telemetry equipment required to measure and/or sample wastewater flows of the Customer at
the point of entry or other such locations, as may be mutually agreed upon in writing.
1.14 Non -metered Area — Areas within the Customer's statutory boundaries that
generate wastewater that do not drain into a part of the Customer System for which
wastewater flow is measured by an approved metering and sampling facility.
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1.15 Point of Entry — Collectively, the metering facilities or, where no metering
facilities are utilized, the points of connection to the Lubbock System, as set forth in Section
2.2, below, unless otherwise mutually agreed upon in writing.
1.16 Pretreatment or Treatment — The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater
to a less harmful state prior to or in lieu or discharging or otherwise introducing such
pollutants into a Publicly Owned Treatment Works ("POTW'). The reduction of alteration
can be obtained by physical, chemical or biological processes, or process changes by other
means, except as prohibited by 40 CFR Section 403.6(d). Pretreatment or treatment shall also
include, without limitation, such devices as grease, oil, or sand interceptors, and hydrocarbon
removal units.
1.17 Pretreatment Requirements Any substantive or procedural requirement
related to pretreatment, other than a national pretreatment standard, imposed on an industrial
user.
1.18 Significant Industrial User -
(A) Any user which discharges industrial wastes directly or indirectly into the
Customer System or Lubbock System that:
(1) Is subject to National Pretreatment Standards or categorical pretreatment
standards of the U.S. Environmental Protection Agency or Texas
Commission on Environmental Quality, or the successors thereof; or
(2) Discharges an average of twenty-five thousand (25,000) gallons per day or
more of process wastewater (excluding sanitary, non -contact cooling, and
boiler blowdown wastewater);
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(3) Contributes a process wastestream which makes up five percent (5%) or
more of the average dry weather hydraulic or organic capacity of the
Lubbock System treatment plant; or
(4) Has a reasonable potential, in the opinion of the Director, for adversely
affecting the Lubbock System due to discharge or wastewater or for
violating any pre-treatment standard or requirement.
(B) Upon finding that an industrial user meeting the criteria in Section
1.18(A)(4) has no reasonable potential for adversely affecting the
POTW's operation or for violating any pre-treatment standard or
requirement, the Director may at any time on its own initiative or in
response to a petition received from a user, and in accordance with
procedure in 40 CFR 403.8(0(6), determine that such user should not be
considered a significant industrial user.
1.19 Standard Methods — The examination and analytical procedures set forth in the
latest edition of "Standard Methods for the Examination of Water and Wastewater," as
prepared, approved and published jointly by the American Public Health Association, the
American Water Works Association and the Water Pollution Control Federation.
1.20 System Access Fee — A capital contribution (impact fee, capital recovery fee,
system development charge) which represents a proportional capital cost of the capacity of
Lubbock facilities that provide utility services and benefits common to all customers, less
depreciation, outstanding debt, and appropriate contributions paid to Lubbock, required to
provide service for new connections, whether located within the jurisdictional limits of
Lubbock or Customer.
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1.21 Total Suspended Solids (TSS) or Suspended Solids — The solids that either
float on the surface of� or in suspension in, water, sewage or other liquids, and which are
largely removable by laboratory filtrating. Quantitative determination of suspended solids
shall be made in accordance with procedures set forth in "Standard Methods."
1.22 Wastewater — Liquid or water -carried waste products and sewage from
whatever source, including without limitation, residential dwellings, commercial buildings,
industrial and manufacturing facilities, and institutions, whether treated or untreated, which
are discharged into or permitted to enter the Lubbock System. The terms wastewater and
sewage are interchangeable.
2. Connection to the Lubbock POTW
2.1 Subject to the terms hereof Lubbock hereby grants to Customer, upon
compliance with the terms and conditions contained herein, permission to connect its System
to the Lubbock System.
2.2 Lubbock agrees to accept all wastewater from Customer at the point of entry as
designated on Exhibit "A", attached hereto and incorporated herein.
2.3 The cost of all delivery facilities necessary to convey wastewater to the
designated point of entry, whether shown on Exhibit "A" or mutually agreed upon at a later
date, together with the cost of connection of the Customer System to the Lubbock System,
including metering and sampling facilities, shall be done by Customer. All such metering and
delivery facilities shall be approved by Lubbock. In the event Lubbock requires Customer to
increase the size of any such delivery facility, the difference in the cost of the delivery facility
of Customer previously approved by Lubbock and the cost of the delivery facility as requested
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by Lubbock shall be at Lubbock's expense and may be allocated as a system cost if so
determined in future cost -of -service studies.
2.4 Customer shall be responsible for the design, construction of delivery facilities.
All designs, materials and specifications shall conform to Lubbock's requirements. Plans and
specifications for any delivery facility which actually connects to the Lubbock System shall be
submitted to the Director for written approval. Such approval shall not be unreasonably
withheld. No construction shall begin until such approval has been given. Customer agrees
that Lubbock has the right to make periodic inspections during the construction phase of the
delivery facilities and final acceptance of same is subject to written approval of the Director.
Final acceptance of such facility from the point of connection up to and including the metering
and sampling facility is subject to the inspection and written approval of the Director.
2.5 After the date of this Contract, Customer agrees not to provide service to or
contract or subcontract with any new customer whose need for wastewater service would
exceed twenty-five thousand (25,000) gallons per day without written notice to the Director.
2.6 Area of Service — Customer may provide retail sewer service to parties only in
the following areas:
(A) The areas of land described in Section 3501.002 of the Texas Special District
and Local Law Code, and more specifically described as Tract 1 through Tract
50 in former Section 396.009 of the Texas Local Government Code;
(B) The existing single restaurant facility as depicted in Exhibit "A", attached
hereto. For the purposes hereof, the "single restaurant facility" shall include the
kitchen, service areas, and dining spaces located in the area depicted in Exhibit
"A", known as "Cagle Steakhouse". No other locations or customers on the
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lands presently owned and operated by John Cagle or the John Cagle family,
may be served.
(C) No other geographic area or premises, of any kind or nature, shall be served by
retail sewer service hereunder.
3. Maintenance of Customer System
3.1 Customer agrees to maintain its system in good condition and to make repairs in
a timely manner. Lubbock shall not have any responsibility or liability now or ever for the
operation of the Customer's System.
4. Maintenance of Lubbock System
4.1 Lubbock agrees to maintain its system in good condition and to make repairs in
a timely manner. Customer shall not have any responsibility or liability now or ever for the
operation of the Lubbock System, except as otherwise provided herein.
5. Metering and Sampling Facilities
5.1 Customer shall be responsible for providing metering, if required by Lubbock,
and sampling facilities at the point of entry in accordance with the Lubbock Code of
Ordinances, Sec 22.04.212, as may be amended from time to time.
6. Metering and Sampling
6.1 All flow discharged into the Lubbock System by Customer shall be metered,
unless specifically agreed to by both parties in writing. Should both parties agree in writing
that metering is not possible, the agreed upon method for determining the volume shall
include an adjustment for infiltration and inflow. The City Council of Lubbock hereby
delegates the authority to approve such alternative flow measurement to the City Manager of
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Lubbock, or his or her designee. The Customer and Lubbock may agree to differing methods
for volume determination for each point of entry.
6.2 All readings of the meter will be maintained by Customer. Lubbock shall have
access to such records during reasonable business hours and shall be furnished with monthly
totalizer readings for the point of entry metering and sampling facility.
6.3 Customer shall calibrate and routinely service the meter not less than once
during each one (1) year period. Copies of the results of such calibration and all related
information shall be provided to Lubbock. Customer shall notify Lubbock at least seventy-
two (72) hours in advance of the date and time for any calibration and Lubbock may observe,
if so desired.
6.4 Upon any calibration, if it is determined that the accuracy envelope of such
meter is found to be lower than ninety-five percent (95%) or higher than one hundred five
percent (105%) expressed as a percentage of the full scale of the meter, the registration of the
flow as determined by such defective meter shall be corrected for a period extending back to
the time such inaccuracy began, if such time is ascertainable; or, if such time is not
ascertainable, then for a period extending back one-half (1 /2) of the time elapsed since the date
of the last calibration, but in no event further back than a period of six (6) months.
6.5 If any meter used to determine volume from Customer is out of service or out of
repair so that the amount of wastewater metered cannot be ascertained or computed from the
reading thereof, the wastewater delivered through the period such meter is out of service or out
of repair shall be estimated and agreed upon by the parties hereto upon the basis of the best
data available. The basis for estimating such flow includes, but is not limited to, extrapolation
of past patterns of flow for said metering station under similar conditions.
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6.6 Lubbock may periodically determine the quality of the wastewater at the
metering and sampling facilities or other agreed upon sampling points for the purpose of
billing for the strength of the wastewater and relating to compliance with pre-treatment
requirements. To determine the quality of the wastewater, in the event Lubbock desires to
conduct sampling activities, Lubbock shall collect twenty-four (24) hour composite samples or
other sampling methods as deemed necessary or advisable by Lubbock. If, at the request of
Customer or at the request of the Director, more extensive monitoring is desired, such
additional monitoring shall be paid for by the party making the request and shall be done in
compliance with Section 7.
6.7 Lubbock shall analyze the samples collected in accordance with standard
methods. Customer may be present during the initial setup of sampling equipment and at the
time of pickup for the sample. Lubbock agrees, if requested, to split said wastewater samples
with Customer.
6.8 If in the opinion of the Director, compliance monitoring is required, the Director
may order that additional monitoring be performed with or without prior notice to Customer.
6.9 Wastewater sampling costs incurred by Lubbock under this section will be the
expense of Lubbock.
7. Rates and Charges
7.1 Wastewater rates to be paid shall be set forth in Section 22.04.041 of the
Lubbock Code of Ordinances, as may be amended from time to time, unless an alternate rate
or billing method is specifically agreed to by both parties in writing. The City Council of
Lubbock hereby delegates the authority to approve alternate rates or billing methods to the
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City Manager of Lubbock, or his or her designee. The Customer may agree to differing rates
or billing methods for each point of entry.
7.2 Bills for wastewater treatment and disposal service shall be rendered to
Customer monthly by Lubbock. All such bills shall be due and payable by the Customer not
more than thirty (30) days from the billing date. The bill will show current charges, as well as
past -due charges, if any. Current charges shall be the amount due for wastewater collection,
treatment and disposal service provided since the prior billing period. Past -due charges shall
be the total amount unpaid from all prior billings as of the current billing date. Payments
received. by Lubbock shall first be applied to the past -due charges, if any, and thereafter to the
current charges.
7.3 In the event a payment is not paid as specified in this Agreement, a late charge
of ten percent (10%) per annum will be calculated from the date which the payment was
required to be made.
7.4 The parties hereto agree that services obtained pursuant to this Contract are
essential and necessary to the operation of Customer's waterworks and wastewater facilities
and that all payments made by each Customer hereunder shall constitute reasonable and
necessary operating expenses of Customer's waterworks and wastewater systems.
8. Industrial Connection and Monitoring
8.1 Customer agrees that it will not permit any significant industrial user within its
jurisdiction to connect directly or indirectly either to its system or to the Lubbock System
without at least thirty (30) days' prior written notification to the Director of such intent to
connect. Customer shall provide the Director with such information pertaining to volume and
composition of flow as may be requested by the Director.
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8.2 Customer agrees to conduct any and all monitoring, sampling and inspection of
Customer System and industrial users as necessary to insure that industrial waste introduced
into the Customer System meets the quality standards set out in Section 9.2 hereof. Upon
request to Customer, a representative of Lubbock will be permitted to observe Customer's
collection of samples from industrial users, and Customer agrees to furnish Lubbock separate
duplicate samples for independent testing, and, upon request, to provide the Director sample
analysis results and pretreatment records.
8.3 Customer agrees that Lubbock shall have the right to sample wastewater at the
point of entry and such other locations as may be needed for the purpose of determining the
volume and quality of wastewater entering the Lubbock System. Customer agrees to
disconnect from its system any industrial user found to be in violation of allowable discharges
or who refuses access to its facilities for the purpose of sampling wastewater being discharged
into the Customer System; provided, however, that said disconnected industrial user shall be
afforded the same rights, privileges of appeal and deficiency cure periods as are industrial
users operating within Lubbock's jurisdiction.
8.4 Customer grants to Lubbock the right to enter Customer's jurisdiction if
Lubbock determines that questionable discharges or prohibited discharges are entering the
Lubbock System emanating from the Customer System. Customer agrees to assist Lubbock
in locating and eliminating such prohibited discharges.
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9. Wastewater quality
9.1 Customer agrees that on or before thirty (30) days from date of execution of this
Contract it shall enact and cause to be enforced rules, regulations or ordinances at least as
stringent as (i) Division 4 and Division 5 of Article 22.04 of Chapter 22 of the Lubbock Code
of Ordinances, as may be amended from time to time; and (ii) applicable state and federal
regulations relating to (a) discharged substances; (b) prohibited discharges; (c) pretreatment
requirements; (d) industrial discharge permitting systems; and (e) industrial self -monitoring
reports.
9.2 Customer agrees that the quality of the wastewater discharge into the Customer
System shall be equal to or better than the quality standards established by Division 3 of
Article 22.04 of Chapter 22 of the Lubbock Code of Ordinances, as may be amended from
tune to time.
9.3 Customer shall require all significant industrial users within its jurisdiction that
ultimately discharge into the Lubbock System to apply for and obtain a permit from Customer
allowing such discharge. Such permit shall require industrial users to abate prohibited
substances from their discharge as a condition to discharging wastewater into the Customer
System. The permit application, as shown in Exhibit B, shall be identical to that used by
Lubbock for significant industrial users within its jurisdiction. Customer shall provide
Lubbock a copy of such application and permit, if issued, within fourteen (14) days after
issuance.
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10. Infiltration and Inflow
10.1 Customer agrees that it has an obligation to prevent infiltration and inflow into
its System and then into the Lubbock System. Customer fiu-ther agrees that all sewer
connections within its jurisdiction which ultimately enter into the Lubbock System will be
constructed in accordance with applicable specifications and standards at least equal to those
of the Lubbock System. Further, Customer covenants and agrees to maintain strict
supervision and maintenance of its System to prevent connections through which surface
drainage can enter ultimately into the Lubbock System. Customer shall not make, nor shall it
permit to be made, any connection which will contribute stone water run-off of any kind,
including without limitation, from rainwater spouts, rainwater areas, streets, gutter drain or
other source, into its sanitary sewer system.
11. Wastehaulers
11.1 Customer agrees to prohibit the introduction of liquid waste or wastewater from
wastehaulers into the Customer System, directly or indirectly.
12. Assistance
12.1 In the event Customer requests assistance with its System, Lubbock may, at its
option, assist Customer. Customer agrees to pay Lubbock its actual costs incurred, including,
but not limited to, labor and material expended. Nothing herein shall be construed to require
Lubbock to assist Customer. Such costs will be invoiced to Customer and payment made
within ten (10) days after receipt of invoice.
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data:
13. Reports and Records
13.1 If requested by the Director, the Customer shall provide quarterly the following
A. Actual number of customer accounts discharging directly or indirectly into the
Lubbock System and/or Customer System within Customer's service area;
B. Classification of industrial and nonindustrial accounts within its service area by
number and percentage of accounts discharging directly or indirectly into the
Lubbock System and/or Customer System within Customer's service area.
C. Additional data which may assist Lubbock in developing methodology for cost
of service studies, planning studies for analyzing federal grants, and system
access fees.
14. Notices
14.1 Any notice, communication, request, reply or advice herein provided or
permitted to be given, made or accepted by either party to the other party must be in writing
to:
City of Lubbock: Wastewater Superintendent
City of Lubbock
P.O. Box 2444
Lubbock, Texas 79457
Customer: Executive Director
Lubbock Reese Redevelopment Authority
P.O. Box 586
Reese AFB, Texas 79489
The parties hereto shall indicate in writing any change that may occur in such
respective addresses from time to time.
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15. Inspection and Audit
15.1 Complete records and accounts required to be maintained by each party hereto
shall be kept for a period required by law or five (5) years, whichever is greater. Each party
shall at all times, upon notice, have the right at reasonable times to examine and inspect said
records and accounts during normal business hours. Further, if required by any law, rule or
regulation, make said records and accounts available to federal and/or state auditors.
16. Consent
16.1 Whenever, under the terms of this Agreement, Lubbock is permitted to give its
written consent or approval, Lubbock, in its discretion, may give or may refuse such written
consent or approval and, if given, may restrict, limit or condition such consent or approval in
any manner it shall deem advisable.
17. Waiver, Remedy, Severability
17.1 No waiver by either party hereto of any term or condition of this Agreement
shall be deemed or construed to be a waiver of any other term or condition or subsequent
waiver of the same term or condition.
17.2 in addition to any other remedy as may be provided by law, this Agreement
shall be specifically enforceable by the parties hereto. Laws of the State of Texas shall govern
the terms, performance, and enforcement of this Agreement. Exclusive venue for any action
shall be in Lubbock County, Texas.
17.3 It is agreed that, in the event any term or provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of such term or provision shall in
no way affect any other term or provision contained herein. In such event, this Agreement
shall continue as if such invalid term or provision had not been contained herein.
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18. Ownership and Liability
18.1 No provision of this Agreement shall be construed to create any type of joint or
equity ownership of any property, any partnership or joint venture, nor shall same create any
other rights or liabilities and customer payments (whether past, present, of future) will not be
construed as granting Customer partial ownership ol� pre -paid capacity in, or equity in the
Lubbock System.
18.2 Subject to the terms of this provision, liability for damages arising out of the
transportation, delivery, reception, treatment, and/or disposal of all wastewater discharged into
the Lubbock System shall remain in the Customer, together with, except as provided herein,
title thereto, until such wastewater passes through the point of entry to the Lubbock System, at
which time liability for such damage shall pass to Lubbock. Title to any prohibited discharge
or contribution to the Lubbock System in contravention or violation of the terms of this
Agreement and any liability therefore shall not pass to Lubbock unless such prohibited
discharge originated in the Lubbock System. Customer shall, to the extent permitted by law,
save and hold Lubbock harmless from any and all claims, demands, causes of action,
damages, losses, costs, fines, penalties, and expenses, of any kind or manner including
attorney's fees, that may be asserted by anyone at any time on account of or related to the
transportation, delivery, reception, treatment and/or disposal of wastewater from Customer or
the Customer's System or other activity contemplated by this Agreement.
18.3 Contracts made and entered into by Customer for the construction,
reconstruction or repair of any delivery facility shall include the requirements that the
independent contractor(s) must provide adequate insurance protecting both the Customer and
Lubbock as insured. Such contract must also provide that the independent contractor(s)
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covenant to indemnify, hold harmless and defend both the Customer and Lubbock against any
and all suits or claims for damages of any nature arising out of the performance of such
contract.
19. Compliance with Permit Conditions
19.1 Customer acknowledges that Lubbock is the holder of discharge permits issued
by the United States and/or the State of Texas and is subject to regulations and requirements
related to the collection and treatment of wastewater (collectively the "Permit"). Customer
agrees that it will comply with all Permit conditions in any way relating to the collection
system and the discharge into the collection system. Customer shall save and hold Lubbock
harmless against any penalty or fine assessed against Lubbock for any violation of any Permit,
if such violation is attributable or related to an act of omission or commission by Customer.
20. Term of Contract
20.1 The term of this Contract shall be ten (10) years from date of execution. This
Contract may be extended for an additional five (5) year period, on identical terms and
provisions hcreo� by Lubbock providing notice to the Customer no less than ninety (90) days
prior to the expiration of the term thereof of its desire to exercise its option to extend as set
forth herein. The City Council of the City of Lubbock hereby delegates the authority to
exercise the option granters and reserved herein to the City Manager, or his/her designee.
21. Force Maieure
21.1 No party hereto shall be considered to be in default in the performance of any of
the obligations hereunder (other than obligations of either party to pay costs and expenses) if
such failure of performance shall be due to an uncontrollable force beyond the control of the
parties, including but not limited to, the failure of facilities, flood, earthquake, tornado, storm,
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fire, lightening, epidemic, war, riot, civil disturbance or disobedience, labor dispute and action
or non -action by a failure to obtain the necessary authorizations and approvals from any
governmental agency or authority or the electorate, labor or material shortage, sabotage, or
restraint by a court order or public authority, which by the exercise of due diligence it shall be
unable to overcome. Either party rendered unable to fulfill any obligation by reason of an
uncontrollable force shall exercise due diligence to remove such inability with all reasonable
dispatch.
21.2 In the event the proper operation of the Lubbock System, as a result of the
above, requires Lubbock to temporarily interrupt all or part of the services to Customer, no
claims for damage shall be made by Customer against Lubbock.
22. Events of Default and Remedies
22.1 Notwithstanding anything contained herein to the contrary, any material breach,
as defined below, by Customer to perform any of the duties or the obligations assumed by
Customer hereunder or to faithfully keep and perform any of the terms, conditions and
provisions hereof shall be cause for termination of this Agreement by Lubbock in the manner
set forth in this Section.
22.2 In addition to the remedy of termination, in the event of material breach of this
Agreement by Customer, Lubbock may also seek any other remedy available to it by law,
equity, contract or otherwise. The remedies provided to Lubbock, in the event of a material
breach of this Agreement by Customer, shall be cumulative in nature and may be exercised
concurrently by Lubbock.
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22.3 Lubbock shall deliver to Customer within sixty (60) days written notice of the
breach or default of Customer and its intention to terminate this Agreement if Customer fails
to cure or adjust such material breach, including in such notice a reasonable description of the
breach. If within said sixty (60) days Customer shall fail or refuse to cure such default to the
satisfaction of Lubbock, then and in such event, Lubbock shall have the right, without any
liability whatsoever on the part of Lubbock, to immediately declare this Agreement terminated
and to exercise any and all other rights and remedies it may have, as set forth above. In the
event of termination of this Agreement, all rights, powers, and privileges of Customer
hereunder shall cease and terminate and Customer shall make no claim of any kind
whatsoever against Lubbock, its agents or representatives, by reason of such termination or
any act incident thereto. Lubbock shall advise Customer in writing upon acceptance of the
cure of any default.
22.4 The following breach, default or failure to perform a duty or obligation by
Customer shall be considered to be a material breach:
a. Failure to adopt and enforce any rule required to be adopted and enforced
herein;
b. Failure to make any payment of any bill, charge or fee as provided for in this
Agreement;
C. Making any connection to the Lubbock System at any point except as provided
in Section 2.2 hereof;
d. Failure to provide Lubbock ingress and egress for purposes of sampling and
operation and maintenance of any metering or any sampling facility;
e. Failure to permit or conduct any sampling of wastewater as provided for herein;
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f. Failure to disconnect industrial users of Customer pursuant to Section 8.3;
g. Failure to maintain the quality of discharge as required in Sections 9.1, 9.2 and
9.3;
h. Failure of Customer to comply with Section 19 hereof.
22.5 In the event of any other nonmaterial breach, default or failure to perform duties
under this Agreement, Lubbock shall deliver to Customer sixty (60) days advance written
notice of such default. If Customer fails to cure such breach, default or failure, then Lubbock
shall give Customer written notice of such failure to cure and may surcharge Customer five
thousand dollars ($5,000) per month until such time as Customer cures such nonmaterial
default.
22.6 Any failure by Lubbock to so terminate this Agreement or the acceptance by
Lubbock of any benefits under this Agreement for any period of time after such material
breach, default or failure by Customer shall not be determined to be a waiver by Lubbock of
any rights to terminate this Agreement for any subsequent material breach, default or failure.
22.7 In the event Lubbock shall fail to perform under this Agreement, Customer may,
as its sole and exclusive remedy, terminate this Agreement, upon providing notice to Lubbock
in the same manner Customer is to be provided notice pursuant to the notice provisions
provided above regarding notice of material breach of Customer.
23. Effective Date
23.1 This Contract, together with all terms and conditions and covenants, shall be
effective as of the date of the execution hereof by Lubbock.
Page 21 of 24
24. Condition Precedent
24.1 The obligation of Lubbock to perform under this Agreement is subject to the
condition precedent that, prior to accepting any liquid waste, wastewater or other waster
pursuant to the terms hereof Lubbock and Customer shall have received written approval and
authorization to perform hereunder by the Environmental Protection Agency of the United
States of America, the Texas Commission on Environmental Quality and any other
governmental or regulatory body or authority having jurisdiction over such matters.
25. Miscellaneous
25.1 This Agreement is subject to all applicable federal and state laws and any
applicable permits, rules or amendments adopted pursuant to Section 9.1 rules, orders and
regulations of any state or federal governmental authority having or asserting jurisdiction.
25.2 The Customer agrees to abide by and comply with any changes in this
Agreement made necessary by an amendment or revision to state or federal regulations.
25.3 Upon prior notice by Lubbock, any duly authorized employee of Lubbock
bearing proper credentials and identification shall notify Customer of need for access to any
premises located within Customer's jurisdiction as may be necessary for the purpose of
inspections and observation, measurement, sampling and testing and/or auditing, in
accordance with the provisions of this Contract. Upon such notice, Customer shall
immediately allow access to the Lubbock representative. Customer may elect to accompany
the Lubbock representative.
25.4 In each instance herein where reference is made to a federal or state statute
regulation or rule, it is the intention of the parties that, at any given time, the current federal or
state statute, regulation or rule shall apply.
Page 22 of 24
25.5 If a publication or reference work referred to herein is discontinued or ceases to
be the generally accepted work in its field, or if conditions change, or new methods or
processes are implemented by Lubbock, new standards shall be adopted which are in
compliance with state and federal laws and any valid rules and regulations pursuant thereto.
25.6 Lubbock must comply with all federal, state and local government requirements
to obtain grants and assistance for system design, system construction and studies. Customer
agrees to assist Lubbock in compliance by setting adequate rates, establishing proper user
charges and complying with governmental requirements.
25.7 Section headings in this Agreement are for convenience only and do not purport
to accurately or completely describe the contents of any section. Such headings are not to be
construed as a part of this Agreement or any way defining, limiting or amplifying the
provisions hereof.
26. Current Revenues
26.1 Each party paying for performance under this Agreement shall make all
payments from current revenues available to the paying party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers thereunto duly authorized.
By:
Name: Jo
Title: Pres t, Board of Directors
Page 23 of 24
ATTEST;
Rebe Garza, City Secretary
APPROVED AS TO CONTE T:
Pka&JL�f � �
Marsha Reed, P,E., Chief Operation Officer
APPROVED AS TO FORM:
um s ssist City Attorney
CITY OF LUBBOCK
Tom Martin, Mayor
Page 24 of 24
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Resolution No. 2012—RO172
Exhibit B
WASTEWATER SURVEY FOR NONRESIDENTIAL ESTABLISHMENTS &
APPLICATION FOR WASTEWATER CONTRIBUTION PERMIT
Note to Signing Official: Please fill in all blanks pertaining to your company or operation. Signing officials
should be familiar with the information submitted in this document and provide such information on behalf of
the company, corporation, partnership, or proprietorship. Should a Wastewater Contribution Permit be required
for your facility, the information in this questionnaire will be used to issue such permit. Please return within
thirty (30) days from receipt.
I. GENERAL INFORMATION
1. Company Name:
2. Check one as appropriate:
Proprietorship [ ] Partnership [ ] Corporation [ ]
3. Standard Industrial Code (SIC) Number:
4. Mailing address:
5. Premise address:
6. Billing Address:
(If different from
mailing address)
7. Person to contact concerning information provided in this questionnaire:
Name
Title
P 0 Sox 2000 ■3603 Guava Avenue ■ Lubbock, TX 79457 ■ 806.775.3221 ■http://water.ci.lubbock.tx.us
Address
Telephone number (_)
II. WATER SOURCE
1. Water Bill Account number(s):
2. Number, size and address of City water meter(s):
3. Number and location of private wells, if any, which serve this facility and the approximate total usage
of those wells:
4. List all other sources of water that are eventually discharged from your facility:
III. PRODUCT OR SERVICE INFORMATION
1. Detailed narrative description of manufacturing or service activity at premise address:(may include
additional sheets if necessary):
2. Principle raw materials (including chemicals) used:
3. Catalysts and/or intermediates used:
IV. PLANT OPERATIONAL CHARACTERISTICS
NOTE: "Discharge" in this section refers to process wastes rater than
water from fountains, sinks, bathrooms, etc.
1. Approximate number of hours of operation per day:
2. Approximate number of employees during peak operation periods:
Full time Part time
3. Are major products batch, continuous, or both?
4. Are your processes subject to seasonal variation?
If yes, explain, indicating month(s) of peak operation and products:
5. What will be your process discharge:
6. What will be your total facility discharge:
7. List all holidays that the plant does not have a discharge:
8. Circle full months of the year that your plant does not discharge:
J F M A M J J A S O N D
9. Circle full days of the week that your plant does not discharge:
M T W T F S S
10. Check all processes in the Industrial Categories listed below which
generate wastewater or waste sludge at this plants location:
TITLE 40 - PROTECTION OF THE ENVIRONMENT
CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY
SUBCHAPTER N - EFFLUENT GUIDELINES AND STANDARDS
Other
The following cateeories do Not contain reportable uretreatment standards
[ ] PART 405 - Dairy products processing point source category
[ ] PART 407 - Canned and preserved fruits and vegetables processing point source category
[ ] PART 408 - Canned and preserved seafood processing point source category
[ ] PART 409 - Sugar processing point source category
[ ] PART 410 - Textile mills point source category
[ ] PART 411 - Cement manufacturing point source category
[ ] PART 422 - Phosphate manufacturing point source category
] PART 424 - Ferroalloy manufacturing point source category
] PART 427 - Asbestos manufacturing point source category
] PART 432 - Meat products point source category
] PART 434 - Coal mining point source category BPT, BAT, BCT limitations and new source performance
standards
] PART 436 - Mineral mining and processing point source category
] PART 440 - Ore mining and dressing point source category
] PART 445 - Landfills point source category
] PART 454 - Gum and wood chemicals manufacturing point source category
] PART 457 - Explosives manufacturing point source category
] PART 459 - Photographic point source category
] PART 460 - Hospital point source category
] PART 463 - Plastics molding and forming point source category
The followine cateeories contain at least one reportable pretreatment standards
[ ] PART 406 - Grain mills point source category
[ ] PART 412 - Feedlots point source category
[ ] PART 413 - Electroplating point source category
[ ] PART 414 - Organic chemicals, plastics, and synthetic fibers
[ ] PART 415 - Inorganic chemicals manufacturing point source category
[ ] PART 417 - Soap and detergent manufacturing point source category
[ ] PART 418 - Fertilizer manufacturing point source category
[ ] PART 419 - Petroleum refining point source category
[ ] PART 420 - Iron and steel manufacturing point source category
[ ] PART 421 - Nonferrous metals manufacturing point source category
[ ] PART 423 - Steam electric power generating point source category
[ ] PART 425 - Leather tanning and finishing point source category
[ ] PART 426 - Glass manufacturing point source category
[ ] PART 428 - Rubber manufacturing point source category
[ ] PART 429 - Timber products processing point source category
[ ] PART 430 - Pulp, paper, and paperboard point source category
[ ] PART 433 - Metal finishing point source category
[ j PART 435 - Oil and gas extraction point source category
[ ] PART 437 - Centralized waste treatment point source category
[ ] PART 439 - Pharmaceutical manufacturing point source category
[ ] PART 442 - Transportation equipment cleaning point source category
[ ] PART 443 - Effluent limitations guidelines for existing sources and standards of performance and
pretreatment standards for new sources for the paving and roofing materials (tars and asphalt)
point source category
[ ] PART 444 - Commercial hazardous waste combustors
[ ] PART 446 - Paint formulating point source category
[ ] PART 447 - Ink formulating point source category
[ ] PART 455 - Pesticide chemicals
[ ] PART 458 - Carbon black manufacturing point source category
[ ] PART 461 - Battery manufacturing point source category
[ ] PART 464 - Metal molding and casting point source category
[ ] PART 465 - Coil coating point source category
[ ] PART 466 - Porcelain enameling point source category
[ ] PART 467 - Aluminum fonning point source category
[ ] PART 468 - Copper forming point source category
[ ] PART 469 - Electrical and electronic components point source category
[ ] PART 471 - Nonferrous metals forming and metal powders point source category
[ ] NONE OF THE ABOVE
V. WASTEWATER TREATMENT AND DISCHARGE
1. Check all pretreatment devices or processes used for treating wastewater
and/or sludge.
Air flotation
Centrifuge
Chemical precipitation
Chlorination
Cyclone
Filtration
Flow equalization
Grease trap
Grit removal
Ion exchange
Neutralization, pH correction
Ozonation
Reverse osmosis
Screen
Sedimentation
Septic tank
Solvent separation
Spill protection
Sump
Biological treatment, type:
Grease or oil separation type:_
Rainwater diversion or storage:
Other physical treatment:
Other chemical treatment:
( ) NO PRETREATMENT
2. How often are the above facilities checked for proper operation and/or cleaned?
3. Number and size of connections to the City sanitary sewer. Attach copies of plumbing floor plans
which show all sewer connections and appurtenances.
4. Is a monitoring/sampling manhole available, according to Article 22.04, Division 6, Sec. 22.04.212, of the
Code of Ordinances of the City Of Lubbock? if so please list the location(s):
5. Does the plant discharge water into the City storm sewer or an open drainageway? If
not, skip to question 6. If so, give locations and approximate amounts of discharges:
What is the nature of this water (cooling, process, wash, etc...)
6. What is your estimate of the percentage of water which never reaches the sanitary sewer (in plant
water loss) due to production, evaporation, etc...)?
On what do you base your estimate: (please be specific):
7. List all other sewage or sludge disposal systems or contract waste haulers, which are utilized:
If waste haulers are utilized, please explain what is hauled, and where it is hauled to:
8. List all environmental control permits now held or issued to this facility:
9. If any wastewater analyses have been performed on the process discharge(s) from
your facilities, attach a copy of the most recent data to this questionnaire. Be sure to
include the date of the analysis, name of laboratory performing the analysis, and
location(s) from which the sample(s) were taken (attach sketches, plans, etc., as
necessary).
VI TOXIC POLLUTANTS
1. Pace a check mark next to each toxic pollutant listed below which are being used on
the premises or which may result as a by-product and/or eventually enter the public
sanitary sewer system, (NRDC Consent decree and referenced in 307a of the Clean
Water Act of 1977):
Acenapthene
O Endrin and metabolites
Acolein
(}
Ethylbenzene
Acrylonitrile
O Fluoranthene
Aldrin/Dieldrin
()
Haloethers
Antimony and compounds
()
Halomethanes
Arsenic and compounds
()
Heptachlor & metabolites
Asbestos
O Hexachlorobutadiene
Benzene
O Hexachlorocyclopentadiene
Benzidine
O Hexachlorocyclohexane
Chlorinated phenols
O Pentachlorophenol
Chloroform
O Phenol
2-chlorophenol
()
Phthalate esters
Chromium and compounds
(
) Polychlorinated biphenyls (PCBs)
Copper and compounds
(
) Polynuclear aromatic hydrocarbons
Cyanides
(
) Selenium and compounds
DDT and metabolites
(
) Silver and compounds
Dichlorobenzenes
(
) 2,3,7,8,-Tetrachlorodibenzo-p-dioxin (TCDD)
Dichlorobenzidine
(
) Tetrachloroethylene
2,4-dichloroph
(
) Thallium & metabolites
Dichloropropane
(
) Toluene
Dichloropropene
(
) Toxaphene
2,4-dimethylphenol
(
) Trichloroethylene
Dinitrotoluene
(
) lsophorone
Beryllium and compounds
(
) Lead and compounds
Cadmium and compounds
(
) Mercury and compounds
Carbon tetrachloride
(
) Napthalene
Chlordane
(
) Nickel and compounds
Chlorinated benzenes
()
Nitrobenzene
Chlorinated ethanes
{)
Nitrophenols
Chlorinated ethers
O Nitrosamines
Chlorinated naphthalene
O Vinyl chloride
Diphenylhydrazine
O Zinc and compounds
Endosulfan & metabolities
I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing violations."
Signature:
Name and title of signing official:
Date:
Permit Fee: $35.00
Please mail the completed permit application and fee to: City Of Lubbock
Industrial Waste Monitoring & Pretreatment
P.O. Box 2000
Lubbock, Texas 79457