HomeMy WebLinkAboutContract 40788C� Ss --a `A 1d CD�
STATE OF TEXAS
COUNTY OF TARRANT
AGREEMENT
This agreement is made and entered into by and between Federal Express Corporation (the
"Company") and the City of Fort Worth, Texas (the "City"). For and in consideration of the
covenants and promises contained herein, the parties hereto agree as follows:
I. RECITALS
1. Company operates a facility located at 2001 World Wide Drive, Fort Worth, TX 76177.
As Operator, Company seeks approval to discharge wastewater from the facility to the
CITY's sanitary sewer system or deliver such wastewater to the City for disposal. The
wastewater to be discharged or delivered to the City for disposal is to be derived from
multiple sources of onsite activities including process rinsate, hydrostatic testing, contact
stormwater, groundwater remediation or other sources of nonhazardous wastewater.
Company proposes performing analysis of each 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 if necessary to achieve the levels described
herein prior to delivery to the City or discharge into the sanitary sewer.
2. The proposed discharge would enter the sewerage system of CITY at a designated
location within the Village Creek Wastewater Treatment Plant (VCWWTP) collection
system.
II. COVENANTS
1. The CITY agrees to receive wastewater from the above referenced facility operated by
Company.
2. Company agrees to dispose of its wastewater only at the designated locations) within the
Village Creek Wastewater Treatment Plant (VCWWTP) collection system. The locations
for disposal shall be directed by authorized staff of the City. Company shall, prior to any
discharge, have completed and provided to designated City staff an approved trip
ticket/manifest form as issued by the City of Fort Worth Pretreatment Services Division
3. Company shall insure that the wastewater to be discharged will not exceed any of the
limitations from the following table:
CITY SECRETARY
Fle WORTH, TX
Wastewater Quality Limitations
Pollutant
Effluent Concentration
Limit
Units
Arsenic
0.1
mg/L
Cadmium
001
mg/L
Chromium (total)
15
mg/L
Copper
2.5
mg/L
Lead
200
mg/L
Mercury
0.008
mg/L
Nickel
145
mg/L
Silver
0.25
ma
Zinc
265
mg/L
Total Toxic Organics (TTO)
(EPA 624+625 compounds)
2013
mg/L
Barium
2.0
mg/L
Manganese
15
mg/L
Selenium
0.05
mg/L
Oil & Grease
100
mg/L
Cyanide
100
mg/L
TPH
1000
mg/L
MTBE
10
in L
All discharges shall be compliant with any ordinance requirement of the CITY and any state
and/or federal: laws, regulations, codes, or requirements.
4. 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.
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5. 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's 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 any other requirements
established by this Agreement and may recommence discharge only when compliance is
assured.
6. COMPANY shall collect and analyze samples of treated groundwater and report all
results to the CITY ten (10) 'days prior to commencing initial delivery or discharge.
Thereafter, sampling frequency shall be performed on a batch basis with samples
representing wastewater at the time of proposed delivery or discharge. .
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 hydro carbons (TPH) which is listed in
standard methods, 18 the edition. CITY must receive final, written results for all analyses
conducted in support of this agreement 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.
7. 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 Federal Express Corporation's financial
reports on an annual basis to ensure the conditions continue to warrant accepting the self-
insurance alternative.
8. Company agrees to provide the. CITY with access to the monitored site on that the CITY
may monitor/sample at its discretion. CITY agrees, insofar as permitted by law, to keep
all results of these samples confidential.
9. 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 delivery or discharge during the agreement period.
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b) Transportation Fee: A discharge fee based on the 01 Y's current billing rates for
monitored industrial Customer for the volume and strength of wastewater
discharged. As of June, 2010 rates are as follows: $0.2208/pound BOD and
$2.34/CCF. The rate will change upon the CITY adopting new rates for industrial
customers. The CITY provides written notification to the industrial customer
when new rates are adopted.
The Monitoring Fee shall be paid to the CITY prior to the commencement of the delivery
or discharge. The Transportation Fee shall be paid to the CITY upon receipt of a bill for
services.
10. Except as a party may otherwise direct by written notice to the other, all correspondence
and reports shall be directed as follows:
Contact Information:
Fort Worth Water Department
Pretreatment Services
920 Fournier Street
Fort Worth, Texas 76102
Attn: Laly G. Joseph
(817) 3924305
Contact Information:
Reg Corp & Int'1 Environment
3620 Hacks Cross Road
Building B 3rd Floor
Memphis, TN 38125-8800
Attn: Managing Director
II. 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's liability shall be limited
to that established in Article 625249, Texas Revised Civil Statues, and other applicable state
statutes and constitutional provisions.
IV. AMENDMENT AND TERMINATION OF AGREEMENT
1. This Agreement maybe amended in writing by mutual agreement of the parties hereto.
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2. This Agreement shall terminate after one year from the effective date of this agreement,
unless renewed as herein after specified. Company may renew this agreement on a yearly
basis for 5 years by giving Fort Worth at least thirty (30) days prior written notice of its
intent to renew. Failure to so notify Fort Worth shall render the agreement terminated at
the end of the then current term.
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 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.
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
this day of
WHEREOF, the parties hereto have made and executed this Agreement as of
T, 1,4 , A.D., 2010.
City of �'®RT W®RTI�
Attest:
City S
Approved as to Form and Legality:
I�
l
Reynolds
Title: Asst. City Attorney
By:
G
-K
"60iG�l►i�
Mr. Fernando Costa
''Title: Assistant Water Director
Date: � � I � • � �
R�RATION
1 _ Date. S� v
s'
Approved
Legal Department
OFFICrA� RECORD'
CITY SECRETARY
T. WORTH, TX