HomeMy WebLinkAbout064456 - General - Contract - QT South, LLCFort Worth Wastewater Discharge Agreement Page 1 of 7
QT South, LLC – 2712 Las Vegas Trail
CITY OF FORT WORTH WASTEWASTEWATER DISCHARGE AGREEMENT
This Agreement is made and entered into by and between QT SOUTH, LLC (Concerning
QT #1878, 2712 Las Vegas Trail, Fort Worth), a Texas limited liability company (Company), by
and through Thomas Edwards, its duly authorized President of QT South, LLC, and the City of
Fort Worth (City). For and in consideration of the covenants and promises contained herein, the
parties hereto agree as follows:
I. RECITALS
WHEREAS, Company requests approval to discharge potentially or actually contaminated
Wastewater (“Wastewater”) possessed by Company at its facility or property located at 2712 Las
Vegas Trail, Fort Worth, Texas, 76116, into the City’s sanitary sewer system (“System”); and
WHEREAS, Company has performed analysis of the Wastewater to identify characteristic
pollutants known or reasonably expected to be present therein; and
WHEREAS, Company agrees to only discharge Wastewater that strictly complies with pollutant
levels described herein.
II. COVENANTS
1. City agrees to receive into its System the Wastewater from Company so long as
Company complies with the terms of this Agreement.
2. Company agrees to discharge Wastewater into the System in strict compliance with the
terms of this Agreement for so long as necessary to eliminate the Wastewater from
Company’s location, subject to biennial review and renewal of this Agreement.
3. Company further agrees:
a) That the Wastewater shall be within the acceptable and safe limits specified
below, prior to discharge into the System;
b) To install a flow meter to record effluent volume in cubic feet, or to estimate flow
with sufficient written documentation; and
c) All discharges shall comply with any ordinance requirement of the City, or
requirement of the Publicly Owned Treatment Works (POTW), and any state
and/or federal laws, regulations, codes, or requirements. FOR THE
AVOIDANCE OF DOUBT, DISCHARGED WASTEWATER SHALL NOT
CONTAIN PFAS IN QUANTITIES ABOVE 25 NG/L.
d) To maintain and operate the automated pretreatment system on site.
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QT South, LLC – 2712 Las Vegas Trail
4. Wastewater discharged to the City’s System shall not exceed the following limitations:
Parameter Effluent Concentration
Limit
(mg/L)
Arsenic 0.25
Cadmium 0.15
Chromium 5.0
Copper 4.0
Lead 2.9
Mercury 0.01
Nickel 2.0
Silver 1.0
Zinc 5.0
Oil & Grease 200
Cyanide 1.0
SGT-HEM 10.0
MTBE 2.0
MEK 1.0
BTEX 1.0
Total Toxic Organics (TTO)
(EPA 624, 625 and 608
compounds)
2.13
pH 5-12
Limits for other parameters will be added based on the contaminants present in the
Wastewater.
If any other parameters are expected or if contaminants are unknown, EPA
Methods 624/625 and 608 shall be performed and discharge limits will be
established for those parameters present.
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QT South, LLC – 2712 Las Vegas Trail
5. Company agrees that the Wastewater discharge shall not exceed a rate of 5 gpm (gallons
per minute). If an increase is desired, Company shall make such request in writing. The
City will endeavor to respond within seven business days from date of receipt of such
request. City reserves the right to refuse such request if, in its sole opinion, such
requested increase would adversely affect the City’s treatment plant or collection
system.
6. 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
(LEL) and/or exhibit a petroleum-like nuisance odor. Company will be permitted to
resume discharge if sampling and investigation demonstrate that the Wastewater
discharged is not the source of nuisance odors and/or elevated LEL levels.
7. Company shall immediately discontinue discharges upon discovery or suspicion that
Company’s Wastewater violates the discharge requirements established by this
Agreement. Company may restart discharging Wastewater only upon a finding by the
City that Company is in full compliance with this Agreement or that the Company is not
responsible for the elevated discharge limits.
8. Company agrees to procure, prior to commencing with discharge, and maintain during
the life of this agreement, including renewals, site-specific Environmental Impairment
Liability (EIL) insurance at a minimum limit of $3,000,000 each occurrence. The EIL
insurance shall include, but not necessarily be limited to, coverage as follows:
a) Sudden and/or accidental environmental impairment, contamination or pollution,
and for gradual emissions.
b) Clean-up costs.
c) Defense costs.
d) Damage incurred to any party or to any property caused by Company while
Wastewater is being discharged and carried by Fort Worth’s sewer transportation
system to the Village Creek Wastewater Reclamation Facility.
e) Coverage under the EIL policy shall be maintained for a period of two (2) years
after termination or expiration of this agreement.
f) City shall be endorsed as an additional insured, and the policy shall contain a
waiver of subrogation in favor of the City.
g) Company must provide advance thirty (30) day notice of cancellation to the City.
h) Company may meet the required insurance coverages and limits with any
combination of primary, umbrella/excess and self-retention coverage. Company
shall be responsible for any deductible or self-retention.
i) Company shall provide Certificates of Insurance to the City prior to discharge
being permitted.
9. Company agrees to provide the City with unobstructed access to the monitored site so
that the City may monitor/sample at its discretion. Except in the case of emergencies,
City shall provide reasonable notice to Company of City’s intent to enter and sample the
Wastewater.
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QT South, LLC – 2712 Las Vegas Trail
10. Sample collection, analytical and notification procedures must conform to methods
approved by the U.S. Environmental Protection Agency, listed in EPA Method 1633 for
PFAS and 40 CFR 136 and 40 CFR 403.12(o)(1)(2), (p)(1)(2)(3)(4) except total
hydrocarbons (TPH) which is listed in Standard Methods, 24th edition. City must receive
final, written results for all analyses conducted in support of this agreement within thirty
(30) days from sampling date.
11. 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 within 10 days after a change in
wastewater characteristics or discharge conditions.
12. 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.
13. Company understands the City is a governmental entity and is subject to the Texas Public
Information Act. City will endeavor to provide Company with copies of any request from
a third party for information Company provides the City.
14. Company agrees to pay City the amount of $5000.00 prior to the commencement of
discharge pursuant to the fee schedule adopted by City Ordinance No. 17075-07-2006, as
amended.
15. 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 QT South, LLC
Mr. Robert Robbins
Environmental Program Manager
Pretreatment Services
Fort Worth Wastewater Department
920 Fournier Street
Fort Worth, Texas 76102
Mr. Mike Terrell
Construction Manager
Apex Companies, LLC
2121 Midway Rd., Suite 100
Carrollton, TX 75006
Email: Robert.Robbins@fortworthtexas.gov Email: mike.terrell@apexcos.com
III. 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
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QT South, LLC – 2712 Las Vegas Trail
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 OR OMISSION OR COMMISSION ON THE PART OF
COMPANY ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR
SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT.
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 two years after the effective date. If discharge of
additional Wastewater is required, Company may request an extension of this Agreement.
3. The City may terminate or suspend 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 System. In addition, this Agreement may be terminated by the City if
the City determines that the Wastewater being discharged 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.
V. ADDITIONAL TERMS
1. 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 or the United
States District Court for the Northern District of Texas, Fort Worth Division.
2.Severability/Non-Waiver of Claims. Any provision or part of the Agreement held to be
unconstitutional, void or unenforceable by a court of competent jurisdiction shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon
City and Company. The failure of City or Company to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein shall not
constitute a waiver of City’s or contractor’s respective right to insist upon appropriate
performance or to assert any such right on any future occasion.
3.No Third-Party Beneficiaries. This Agreement gives no rights or benefits to anyone other
than the City and the Company and there are no third-party beneficiaries.
4. Assignment, Successors and Assigns. This Agreement may not be assigned by the
Company without the advanced express written consent of the City. Company binds
itself, its partners, successors, assigns and legal representatives to the City hereto, in
respect to all covenants, agreements and obligations contained in the Agreement.
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QT South, LLC – 2712 Las Vegas Trail
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QT South, LLC – 2712 Las Vegas Trail
IN WITNESS WHEREOF, this Agreement has been executed by each party’s duly appointed
representative to be effective on the date subscribed by the City’s Assistant City Manager.
QT South, LLC City of Fort Worth
By:By:
Thomas P. Edwards Jesica McEachern
Title _______________________________Assistant City Manager
Date:______________________Date:______________________
Recommended By:
Chris Harder, P.E.
Fort Worth Water Department
Director
Approved as to Form and Legality:
Attest:
M. Kevin Anders, II Jannette Goodall
Assistant City Attorney 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.
Robert Robbins
Environmental Program Manager
City Secretary’s Office
Contract Routing & Transmittal Slip
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.
Contractor’s Name:
Subject of the Agreement:
M&C Approved by the Council? *Yes No
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes No
If so, provide the original contract number and the amendment number.
Is the Contract “Permanent”? *Yes No
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential?*Yes No If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Expiration Date:
If different from the approval date.If applicable.
Is a 1295 Form required?* Yes No
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number:If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes No
Contracts need to be routed for CSO processing in the following order:
(Approver)
Jannette S. Goodall (Signer)
Allison Tidwell (Form Filler)