HomeMy WebLinkAboutContract 53007 9
C1 d Y SECRETARY
CONTRACT NO. 5300`�
RECENED STATE OF TEXAS
Nov 1 2019
oTro�Fo�twoftTH COUNTY OF TARRANT
CUN sECBErAvly
SEWER DISCHARGE AGREEMENT
This Sewer Discharge Agreement (the "Agreement") is made and entered into by and between
QUIKTRIP CORPORATION (Concerning QT #1878, 2712 Las Vegas Trail, 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. QUIKTRIP CORPORATION requests approval for the sewer discharge of groundwater
from beneath QT #1878, located at 2712 Las Vegas Trail, Fort Worth, Texas, 76116.
QUIKTRIP CORPORATION proposes performing analysis of the groundwater to
identify characteristic pollutants known or reasonably expected to be present in the
wastewater. QUIKTRIP CORPORATION 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. (See Il.
COVENANTS,Number 8c)
II. COVENANTS
1. The CITY agrees to receive pretreated effluent from a wastewater recovery and
pretreatment system operated by QUIKTRIP CORPORATION for QT #1878, 2712 Las
Vegas Trail, Fort Worth, Texas.
2. QUIKTRIP CORPORATION agrees to install and operate a pretreatment facility
(system) for the treatment of water prior to discharge into the public sanitary sewerage
system. The pretreatment system shall (at a minimum) consist of:
a) A facility (system) to treat water to acceptable and safe limits prior to discharge to
the sanitary sewerage system;
b) Sample points installed on influent and effluent lines for water quality monitoring;
and
c) A flow meter installed to totalize effluent volume in cubic feet. OFFICIAL RECORD
CITY SECRETARY
Revised 9-13-19 FT WORTH,TX
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)
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
SGT-HEM 10.0
MTBE 2.0
MEK 1.0
BTEX 1.0
TTO (EPA 624, 625 and 2.13
608 compounds)
H 5-12
Limits for other parameters will be added based on the contaminants present in the
wastewater.
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.
If any other parameters are expected or if contaminants are unknown, EPA Methods
624/625 and 608 will be performed, and limits will be established for those parameters
present.
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3. QUIKTRIP CORPORATION agrees that the sewer discharge shall not exceed a rate of 5
gpm (gallons per minute); if an increase is desired, QUIKTRIP CORPORATION will
request an increase in writing. 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
reasonable opinion of the CITY, such requested increase will adversely affect the CITY's
treatment plant or collection system.
4. QUIKTRIP CORPORATION agrees to discontinue discharges if the sewer lines
receiving the discharge are found at any time to contain an atmosphere equal to I0% of
the lower explosive limit and/or exhibit a petroleum-like nuisance odor. QUIKTRIP
CORPORATION will be permitted to resume discharge if sampling and investigation
show that QUIKTRIP CORPORATION treated wastewater discharge is not the source of
nuisance odors and/or sewer LEL levels equal to or greater than 10%.
QUIKTRIP CORPORATION also agrees to discontinue discharges that violate the
discharge requirements established by this Agreement and may recommence discharge
only when compliance is assured.
5. QUIKTRIP CORPORATION agrees to collect and analyze samples of the influent (prior
to treatment) and the effluent (discharge after treatment) and report all results to CITY on
a semi-annual basis.
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)(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.
QUIKTRIP CORPORATION agrees that although a minimum sampling frequency is
stated herein (semi-annual) that continuous and consistent compliance is QUIKTRIP
CORPORATION's responsibility and QUIKTRIP CORPORATION will act accordingly
to ensure continuous and consistent compliance. CITY agrees, insofar as permitted by
law, to keep all these reports and results confidential and will provide QUIKTRIP
CORPORATION with copies of any request from a third party for this information and
an opportunity to seek an order protecting such information from disclosure.
6. QUIKTRIP CORPORATION agrees to procure prior to discharge, and maintain during
the life of this Agreement, Environmental Impairment Liability (EIL) insurance with
coverage 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.
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c) Defense costs.
d) Damage incurred to any party or to any property caused by QUIKTRIP
CORPORATION while groundwater is being discharged and carried by Fort
Worth's sewer transportation system to the Village Creek Wastewater Treatment
Plant.
Coverage under the EIL policy shall be maintained for a period of two (2) years
after termination or expiration of this Agreement.
e) CITY shall be endorsed as an additional insured and a waiver of subrogation in
favor of the CITY.
f) Prior written notice of cancellation pursuant to the policy terms shall be provided
to the CITY.
g) QUIKTRIP CORPORATION may meet the required insurance coverages and
limits with any combination of primary, umbrella/excess and self-retention
coverage. QUIKTRIP CORPORATION shall be responsible for any deductible or
self-retention.
h) Certificates of Insurance are required to provide proof of insurance and shall be
provided to the CITY prior to discharge being permitted.
7. QUIKTRIP CORPORATION agrees to provide CITY with reasonable access to the
monitored site so that CITY may monitor/sample at its reasonable discretion. CITY
agrees, insofar as permitted by law, to keep all results of these samples confidential.
8. QUIKTRIP CORPORATION agrees to compensate CITY for the cost-of-doing business
in the following amounts:
a) Monitoring Fee: A payment of $5,000.00 for the cost of administering and
monitoring the discharge during the Agreement period.
b) Transportation Fee: A discharge fee based on CITY billing rates for the volume of
wastewater discharged. (FY2019- $4.14/100 cf& FY2020 - $4.06 100 cf).
c) Impact Fee: Projects without an active sanitary sewer connection must apply to the
City of Fort Worth Water Department Applications Section for a tap and wastewater
impact fee. Fees are based upon size and location.
The Monitoring Fee shall be paid to CITY prior to the commencement of discharge. The
Transportation Fee shall be paid to 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:
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City of fo t Worth Ogik'I'riQ aCorgora#Ion
Ms. Laly Joseph,REM Mr. Cody Thiems
Environmental Program Manager Environmental Compliance Admin
Pretreatment Services Division 4705 S. 1290'E Ave.
Fort Worth Water Department Tulsa, OK 74134
920 Fournier Street
Fort Worth, Texas 76102
III. INDEMNIFICATION
QUIKTRIP CORPORATION covenants and agrees to, and does hereby, indemnify and hold
harmless and defend 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, to the
extent resulting from any negligent act of omission or commission on the part of QUIKTRIP
CORPORATION, its officers, agents, servants, employees or subcontractors in the performance
of this Agreement, and QUIKTRIP CORPORATION 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, to the extent arising out of the performance of this
Agreement as a result of any negligent act of omission or commission on the part of QUIKTRIP
CORPORATION, its officers, agents, servants, employees or subcontractors in the performance
of this Agreement, provided, however, that QUIKTRIP CORPORATION's 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 only in writing by mutual agreement of the parties hereto.
2. This Agreement shall terminate after two years after the execution date. If further discharge
of treated water is required after the end of this Agreement, QUIKTRIP CORPORATION
may request renewal of this Agreement.
3. The CITY may terminate this Agreement with prior written notice to QUIKTRIP
CORPORATION at any time if, in its sole but reasonable 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 upon prior written notice to
QUIKTRIP CORPORATION if and when the CITY determines that QUIKTRIP
CORPORATION`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 biomonitoring
requirements for compliance with CITY's NPDES permit.
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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 WITN SS WHEREOF,the parties hereto ha a made and executed this Agreement this
day of �� ,A.D. 20R.
CITY OF FORT WORTH
Attest: By: Q6V4V1
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/Jli"
;_ Ms.Dana Bur doff
VOR� Title: Assistant Cit Manage0 .
;l C) M/Je4 Pressley
f
Title: Assistant Director t.e
w ater Mfunration Division
�• � ` Fort Worth Water Department
proved as to Form and Legality:
Date: ��• ��
Ms. Christa tope&- ity
nolds
Title: Sr. Assista Attorney
QUIKTRIP CORPORATION
By: Title: rG '.rwv &4 Se-A 1M.,,,a1�✓
Mr. D on Wright V
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
_ y J 6le
Name oftmployee
JG y[yon med c !Title OFFIOFFICIALRERECORD
CITY SECRETARY
FT. WORTH,TX
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