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HomeMy WebLinkAboutContract 40788-R1 (2)r 051w STATE OF TEXAS U11 Y $MCRETARV CONTRACT NO. 407" E6 - 9i 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: T. WORTH, TX Wastewater Quality Limitations Pollutant Effluent Concentration Limit Units Arsenic 0.1 mg/L Cadmium 0.1 mg/L Chromium (total) 3.5 mg/L Copper 2.5 mg/L Lead 2.0 mg/L Mercury 0.008 mg/L Nickel 1.5 mg/L Silver 0.25 mg/L Zinc 2.5 mg/L Total Toxic Organics (TTO) (EPA 624+625 compounds) 2.13 mg/L Barium 2.0 mg/L Manganese 3.5 mg/L Selenium 0.05 mg/L Oil & Grease 100 mg/L Cyanide 1.0 mg/L TPH 10.0 mg/L MTBE 2.0 mg/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. 2 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 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. 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. 3 b) Transportation Fee: A discharge fee based on the CITY's current billing rates for monitored industrial Customer for the volume and strength of wastewater discharged. As of August 2011, rates are as follows: $0.2265/pound BOD and $2.40/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: City of Fort Worth Company Contact Information: Contact Information: Fort Worth Water Department Reg Corp & Int' 1 Environment Pretreatment Services 3620 Hacks Cross Road 920 Fournier Street Building B 3Td Floor Fort Worth, Texas 76102 Memphis, TN 381254800 Attn: Laly G. Joseph Attn: Managing Director (817) 3924305 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 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 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 WHEREOF, the parties hereto have made and this day of , JU)nylt} V , A.D., 201Z. City S Approved as to Form and Legality: j, By: Ms: ClUrista Reynolds Title: Sr. Asst. City Attorney FED: By: Title; By: executed this Agreement as of Mr. Fe�tando Costa Title: Assistant City Mana pr `Sitastian "Bustar' Fichera Title: Assistant Water Director Date: M&C ItIi�UIRED Legal Department 5 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Klein, Jessica From: Nikirk, Stephanie Sent. Tuesday, January 03, 2012 9:32 AM To: Klein, Jessica Cc: Joseph, Laly; Nikirk, Stephanie Subject, RE: FedEx Contract Hello, this is a renewal of a contract; it has the same terms as the previous one. The previous contract's (stamped 9- 15- 10) number was 40788. Let me know if you have any more questions. 'Thanks, Stephanie Nikirk 817-3 92-7292 From: Joseph, Laly Sent: Tuesday, January 03, 2012 8148 AM To: Nikirk, Stephanie Subject: FW: FedEx Contract Can you send a reply to this question. Thank You Laiy Joseph, REM Environmental Program Manager Fort Worth Water Department Office: 817-392-8305 Cell: 817-944-6043 NOTE-@ -Ilry e-mail address is changing to mailto:Lc and the City ofFort Worth has a new web address WorthTi w1-inv.FortWorthTexas Now am I doing? Please contact my supervisor at ma!ILO:tjuster.Ficnera@FortWorthTexas.gov From: Klein, Jessica Sent: Thursday, December 29, 2011 4:14 PM To: Joseph, Laly Subject: FedEx Contract I received the contract with FedEx regarding their wastewater. Is this to be considered a renewal to a contract (and if so, what is the CSC No.) or a new contract? The Interoffice contract is not written like a renewal option. Memo mentions that it is a "renewal of their contract," but the Please let me know at your earliest convenience so that I may finish processing this agreement. Thank you, Jessica Jessica Klein Administrative/Records Technician City Secretary's Office 1