Loading...
HomeMy WebLinkAboutContract 56772-R1 CSC No. 56772-R1 CITY OF FORT WORTH RENEWAL OF AGREEMENT (CSC No. 56772) WHEREAS,this Renewal of Agreement is between the City of Fort Worth,("CITY"), and Federal Express Corporation (the "Company"), by and through Karen Ellis, its duly authorized Managing Director Global Environmental Management; and WHEREAS, CITY and Company entered into an Agreement ("Agreement") for Company to discharge wastewater from its facility at Alliance Airport to the City's for disposal to the Sanitary Sewer System for the period from December 2021 through December 2022 (City Secretary#56772); and WHEREAS, the Agreement provides for annual renewals for a total of 5 years, after which a new agreement may be negotiated; and WHEREAS, CITY and Company have entered into annual agreements acting as renewals since at least 2016; and WHEREAS, CITY and Company desire to renew the Agreement for an additional one-year term with no change to the terms and conditions; NOW, THEREFORE, it is agreed by the CITY and Company as follows: Article I The Agreement is hereby renewed for a one-year term from December 1, 2022 through December 31, 2023. Article II All other provisions of the Agreement shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated City Manager. APPROVED: City of Fort Worth Federal Express Corporation Dana Burah )ana Burehdoff ov 22,202214:02 CST) Karin Ellis(Nov 18,202210:19 CS-0 Dana Burghdoff Karen Ellis Assistant City Manager Managing Director Global Environmental Management DATE: Nov 22, 2022 DATE: Nov 18,2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX First Renewal of Agreement Pagel of 2 AFP 4 APPROVAL RECOMMENDED: Christopher Mrder(Nov 18,202213:20 CST) Chris Harder,P.E., Director,Water Department APPROVED AS TO FORM AND LEGALITY: M&C: NA 1 Date: Dglack(Nov 18,202213:27 CST) �,d�'ORnn�� Douglas W. Black �d�F IFOR7t Assistant City Attorney 9A60 o �'° °p��d 0 0 ATTEST: O° ° °00000000 *� TannPftB S. Goodall �4�EXAS�AQ Jannette S.Goodall(Nov 29,202216:23 CST) Jannette Goodall City Secretary 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. Lal�seph(Nov l 07:28 CST) Laly G. Joseph, REM OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX First Renewal of Agreement Page 2 of 2 AFP 4 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: 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 2 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. 3 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 4 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 5 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. City of Fort Worth Attest: ")AH,�au A&J� E r..C,�P C By Dana Burghdoff( c 1,202 0:13 CST) By: 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: c4v/�4?/F Date: Dec 1,2021 By: Christa R.Lopez-Reynold (Dec 1,202116166 CST) Name: Christa Reynolds Title: Sr.Asst. City Attorney Federal Ex r or oration 0 z I atY201., By: Date: ►��z �z. t/pg Title: W44W4 bt Qke-Tog- - at o am- .5Avvi R• Ntb wc"r 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. L l GTase h LalyGJoseph(Dec f,202112:26 CST) Ms. Laly Joseph Title: Environmental Program Manager Attachment A 6 i 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. ri-l1:zr 7 Signature: Email: