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HomeMy WebLinkAboutContract 43922CITY SECRETARY' j CONTRACT NO.°!�1 ��"1 Z L _. • CITY OF FORT WORTH, TEXAS WASTEWATER DISCHARGE ARGE AGREEMENT This Agreement is made and entered into by and between Federal Express Corporation (the "Company"), by and through Karen Ellis, its duly authorized Corporate and International Environmental Programs Managing Director, and the City of Fort Worth, Texas (the "City"), by and through Fernando Costa, its duly authorized Assistant City Manager. For and in consideration of the covenants and promises contained herein, the parties hereto agree as follows: I. PURPOSE Company operates a facility located at 2001 World Wide Drive, Fort Worth, TX 76177 known as FedEx Alliance Hub. Company requests 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 shall perform analysis of each source of wastewater to identify characteristic pollutants known or reasonably expected to be present in the wastewater. Company shall also 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. II. COVENANTS 1. The City agrees to receive the discharge of wastewater from the above referenced facility operated by Company, if such discharge is made in compliance with this agreement. 2. Company agrees to dispose of its wastewater only at the designated location(s) within the Village Creek Wastewater Treatment Plant (VCWWTP) collection system. The locations for disposal shall be directed by authorized staff of the City in writing_. 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 shall not exceed any of the limitations from the following table: 3'ClAL RECORD 1`4' Y SECRETARY 11_27-12 P03:48 IN 9 • Wastewater Quality Limitations Pollutant Arsenic Cadmium Chromium (total) Copper Lead Mercury Nickel Silver Zinc Total Toxic Organics (TTO) (EPA 624+625 compounds) Barium Manganese Selenium Oil & Grease Cyanide TPH MTBE Effluent Concentration Limit 0.1 0.1 3.5 2.5 2.0 0.008 1.5 0 25 2.5 2.13 2.0 3.5 0.05 100 1.0 10.0 2.0 All discharges shall be compliant with all Ci codes, or requirements. Units mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L Codes, state and/or federal laws, regulations, 4. Company agrees that the sewer discharge shall not exceed a rate of 200 gallons per minute (gpm) Company may 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 or violate a state or federal law, regulation of requirement. 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%. 6. Company agrees to discontinue discharges that violate any other requirements established by this Agreement and may recommence discharge only when compliance can be met as deteu pined by the City. 7 Company shall collect and analyze samples of treated groundwater and report all results to the City 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. 8. Sample collection, analytical and notification procedures must confoinn 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 hydrocarbons (TPH) which is listed in standard methods, 18th edition. City must receive final, written results for all analyses conducted in support of this agreement within thirty (30) days from sampling date. 9. Company agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is Company's responsibility and Company shall act accordingly to insure continuous and consistent compliance. 10. Company understands the City is a governmental entity and is subject to the Freedom of Infounation Act and the Texas Open Government Acts. City will endeavor to provide Company with copies of any request from a third party for this information 11. 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. 12. Company agrees to provide the City with unfettered access to the monitored site so that the City may monitor/sample at its discretion. III. COMPENSATION 13. Company agrees to compensate the City for the services provided herein as follows: 3 a) A payment of $500 for the cost of administering and monitoring the delivery or discharge during the agreement period to be paid prior to the commencement of the delivery or discharge. 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, which may be amended by the City Council at its sole discretion The City shall provide advance written notification to the industrial customer when new rates are adopted The Transportation Fee shall be paid to the City upon receipt of a bill for services. See Attachment A. IV. NOTICE 14. 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 Contact Infouunation• Fort Worth Water Department Pretreatment Services 920 Fournier Street Fort Worth, Texas 76102 Attn: Laly G. Joseph (817) 392-8305 Company Contact Infoinnation: Reg Corp & Int'I Environment 3620 Hacks Cross Road Building B 3rd Floor Memphis, IN 38125-8800 Attn: Managing Director V. 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, ENFORCEMENT ACTION OR CLAIMS FOR DAMAGES OR INJURIES INCLUDING DEATH, TO ANY AND ALL PERSONS OR PROPERTY, RESULTING FROM ANY 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 DISCHARGE OF WASTEWATER ON THE PART OF COMPANY ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT. 4 VI. AMENDMENT AND TERMINATION OF AGREEMENT 1 This Agreement may only be amended in writing by mutual agreement of the parties hereto. 2. This Agreement shall terminate after one year from the date this agreement is fully executed with five (5) one (1)-year renewals upon thirty (30) days prior written by the Company. 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 the City determines that Company's wastewater discharge may 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. VII. VENUE Venue and jurisdiction of any suit, right, or cause of action arising under, or in connection with, this contract shall he exclusively in Tarrant County, Texas INTENTIONALLY BLANK Signature Page for Wastewater Discharge IN WITNEASS WHEREOF, the parties hereto have made and executed this Agreement as of ViMhisdayof Aliii.441 , A.D., 2012. City of Fort Wort Attest: • -o. %tl By: ec ary ,4,fOR o ��I �, 00,00000o00 0te° a dr 9:s. ,n,,„,? e° Q rO n � p0 0 �r � O 0 ebs0 a Nh �0 �d6000°4 te„ mb'bRillawssc)* Approved as to Form and Legali 1 By: tv rt,,, atituA (Jur Ms: Christa Reynolds Title: Sr. Asst. City Attorney • Federal Expro noiaton By: Title: M M aging Director • Mr. Fernando Costa Assistant City M. ager a ,e/A_ Ad.il ebastian "Buster" Fichera le: Assistant Water Director Date: i 15, ON Date: /0/ / Approved: kir /oftrfn�r. Domestic Regulato Affairs cal -1 =IV Lewd Department • 6 OFTM-Th;b4ii. kEtukiN ECRU PRIORTgfii, rf i 4 Attachment A City of Fort Worth Water Department 2012 Wastewater Rates inside Fort Worth: All Volumes BOD (per pound) $ 2.41/CCF $0.2492 a 7