HomeMy WebLinkAboutContract 56772 CSC No.56772
CITY OF FORT WORTH,TEXAS
WASTEWATER DISCHARGE AGREEMENT
This Agreement is made and entered into by and between Federal Express Corporation (the
"Company"), by and through Karen Ellis, its duly authorized Managing Director Global
Environmental Management, and the City of Fort Worth, Texas (the "City"), by and through
Dana Burghdoff, 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 Water Reclamation Facility (VCWRF) collection system. Disposal site is
located at 3299 Yuma Dr., Fort Worth, TX 76119. Company shall, prior to any
discharge, have completed and provided to designated City staff an approved trip
ticket/manifest form as issued to permitted waste haulers 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:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Wastewater Quality Limitations
Pollutant Effluent Concentration Units
Limit
Arsenic 0.25 mg/L
Cadmium 0.15 mg/L
Chromium(total) 5.0 mg/L
Copper 4.0 mg/L
Lead 2.9 mg/L
Mercury 0.01 mg/L
Nickel 2.0 mg/L
Silver 1.0 mg/L
Zinc 5•0 mg/L
Total Toxic Organics (TTO) 2.13 mg/L
(EPA 624+625+608 compounds)
Oil&Grease 200 mg/L
Cyanide 1.0 mg/L
TPH 10.0 mg/L
MTBE 2.0 mg/L
All discharges shall be compliant with all City Codes, state and/or federal laws, regulations,
codes,or requirements.
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 or 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
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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
determined 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 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 hydrocarbons (TPI-1) 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
Information Act and the Texas Open Government Acts. City will endeavor to provide
Company with copies of any request from a third parry 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:
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.
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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 ` ComDany
Contact Information: Contact Information:
Fort Worth Water Department Managing Director Global Environmental
Pretreatment Services Management
920 Fournier Street 3620 Hacks Cross Road
Fort Worth,Texas 76102 Building B Yd Floor
Attn: Laly G. Joseph Memphis,TN 38125-8800
(817) 392-8305 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.
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 (I)-year renewals upon thirty (30) days prior written by the
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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 lie exclusively in Tarrant County, Texas.
INTENTIONALLY BLANK
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Signature Page for Wastewater Discharge
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of
this day of ,A.D. 2021,
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Attest:
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By: _ �aa��EXAS�bap BY. Dana Burghdoff(Mc 1,202 0:13 CST)
Name: Ronald P. Gonzales Name: Dana Burghoff
Title: Acting City Secretary Title: Assistant City Manager
By. Christopher Hard (Dec 1,202116:15 CST)
Name: Chris Harder
Title: Water Director
APPROVED AS TO FORM AND LEGALITY:
CGI�/,Ya k L11) �G�` /-Wl Date: Dec 1,2021
By: Christa R.Lopez-Reynold (Dec 1,20211 6 CST)
Name: Christa Reynolds
Title: Sr. Asst. City Attorney
Federal Ex r or oration
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Title: (44 btRk �(c- — at O6A,- CAJV12• M4 W T
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.
I-a4z Toseph
LalyGJoseph(Dec 1,202112:26 CST)
Ms. Laly Joseph
Title: Environmental Program Manager
Attachment A OFFICIAL RECORD
CITY SECRETARY
6 FT. WORTH, TX
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2021-2022 Wastewater Rates
:Monitored Commercial & Industrial
inside Fort Worth:
All Volumes $236/CCF
BOD $0.27381 lb
No rate change is proposed far 2022.
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Signature:
Email: