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Home My WebLink AboutContract 35214CI I Y a��RET,�13�'!` ��.� ��N�F�I�C;T �gC� . �-� `� STATE OF TEXAS COUNTY OF TARRANT AGREEMENT This agreement is made and entered into by and between Trinity Parlc Inc. ("Discharger"), 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 1. Discharger requests approval for the sewer discharge of groundwater from beneath, the proposed Museum Way Retirement Center, located at 1030 Stayton Street, Fort Worth, Texas 76107. Discharger has performed analysis of the groundwater to identify characteristic pollutants known or reasonably expected to be present in the groundwater. Discharger also proposes, if necessary, to treat said wastewater for such pollutants to the levels described herein prior to discharge into the sanitaiy sewer. 2. The proposed discharge would enter the sewerage system of CITY. (See II. COVENANTS, Number 8c) II. COVENANTS l. The CITY agrees to receive effluent from the groundwater recovery system operated by Discharger. 2. Dischaiger, agrees to install and operate, if necessary to meet applicable discharge prohibitions, a pretreatment facility for the treatment of groundwater prior to discharge into the public sanitary sewerage system. The pretreatment system shall (at a minimum) consist o£ a) A facility to treat water to acceptable and safe limits prior to discharge to the sanitaiy sewerage system; b) Sample points installed on influent and effluent lines for water quality monitoring; and c) A flow meter installed to totalize effluent voluine in cubic feet. Ir,�7 �J�JJ:�d'`�� A�i��J`,J,�J� � � � �'�,}� ,i� :; i� �' (j� �^' /,'� �IJ 1��1 �:7JJ�, vsV��,:�"�'.�`ltl ;�: � U, �,^ � 'i�� . �;, � � � � , . �rr1: Jll� �i�n� Effluent discharged from the groundwater recovery system will not exceed the following limitations: All discharges shall be compliant with any ordinance requirement Pollutant Ordinance re uirement (Dail m L) Arsenic 0.1 Cadmium 0.3 Chromium(total) 5.0 Co er 3.0 Lead 2.9 Mercur .O1 Nicicel 2.0 Silver 0.1 Zinc 5.0 Oil & Grease (SGT HEM Non 26 Polar) All discharges shall be compliant with any ordinance requirement of the CITY or requirement of the Publicly Owned Treatment Worlcs (POTW), and any state and/or federal: laws, regulations, codes, or requirements. 3. Discharger agrees that the sewer discharge shall not exceed a rate of 30 gpm (gallons per minute); if an increase is desired, Discharger 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. 4. Discharger 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. Discharger will be pei-mitted to resume discharge if sampling and investigation show that Discharger treated wastewater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. Discharger also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5. Discharger agrees to collect and analyze sainples of the influent (prior to treatment) and the effluent (discharge after treatment, if necessary) and report all results to the CITY. Sainples to be used for reporting purposes must, at a minimum, be collected monthly and analyzed for all the parameters, and any other pollutants identified at quantifiable levels. 2 Sample collection, analytical and notification procedures must confoi-m 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 petroleum hydrocarbons which is listed in standard methods, 18th edition. CITY must receive analysis results within thirty (30) days from sampling date. Discharger agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is Discharger's responsibility and Discharger will act accordingly to insure continuous and consistent compliance. CITY agrees insofar as permitted by law, to lceep all these reports and results confidential and will endeavor to provide Discharger with copies of any request from a third party for this information. 6. Discharger agrees to procure, or cause its contractor to procure, prior to discharge, and maintain during the life of this agreement contract, Environmental Impairment Liability (EIL) insurance which is site specific 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, containination or pollution, and for gradual emissions. b) Clean-up costs. c) Defense costs. d) Damage incurred to any party or to any property while groundwater is being discharged and carried by Fort Worth's sewer transportation system to the Village Creek Wastewater Treatment Plant. e) Coverage under the EIL policy shall be maintained for a period of two (2) years after termination or expiration of this agreement. � CITY shall be endorsed as an additional insured and a waiver of subrogation in favar of the CITY. g) A thirty (30) day notice of cancellation shall be provided to the CITY. h) Maximum deductible of $250,000 per occunence unless otherwise approved by the CITY. i) Certificates of Insurance are required to provide proof of insurance and shall be provided to the CITY prior to discharge being permitted. 7. Discharger 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. 3 8. Discharger 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 discharge during the agreement period. b) Transportation Fee: A discharge fee based on the CITY billing rates for the volume of wastewater discharged. c) Impact Fee: Projects without an active sanitary sewer connection must apply to the City of Fort Woi-th Water Department Applications Section for a Tap and wastewater iinpact fee. Fees are based upon size and location. The Monitoring Fee shall be paid to the CITY prior to the commencement of discharge. The Transportation Fee shall be paid to the CITY upon receipt of a bill for services. 9. Except as a party may otherwise direct by written notice to the other, all correspondence and repoi-ts shall be directed as follows; Citv of Fort Worth Ms. Laly Joseph, Supervisor Pretreatment Services Division Fort Worth Water Department 920 Fournier Street Fort Worth, Texas 76102 DISCHARGER Trinity Park Inc. c/o Carrington, Coleman, Sloman & Bluinenthal, L.L.P. 901 Main Street, Suite 550 Dallas, Texas 75202 Attn: Sally A. Longroy 10. Trinity Park Inc. intends to convey the property that is the subject of this agreement to Greystone Development Company II LP ("Greystone"). Trinity Parlc Inc. may assign this agreement to Greystone, in which event Greystone shall become the Discharger and Trinity Park Inc. shall be relieved of all obligations under this agreement, provided that Greystone assumes such obligations hereunder. Trinity Park Inc. will provide the CITY with a copy of such assignment documentation, in which event all correspondence and reports shall be directed to: Greystone Development Company II LP c/o Greystone Development Corparation 222 West Las Colinas Boulevard, Suite 2100 Irving, Texas 75030 Attn: Mike Lanahan III. INDEMNIFICATION Discharger 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 G� negligent act of omission or commission on the part of Discharger its officers, agents, servants, employees or subcontractors in the perfonnance of this Agreement, and Discharger does hereby assuine all liability and responsibility for injuries, claiins 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 cominission on the part of Discharger, its officers, agents, setvants, employees or subcontractors in the performance of this Agreement, provided, however, that Discharger's liability shall be limited to that established in Article 6252-19, Te�as Revised Civil Stcztzces, 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 tei-minate after the discharge of groundwater located at the facility. If further discharge of treated water is required after the end of this Agreement, Discharger may request renewal of this Agreement. 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 Discharger's 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 TPDES 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 executed this Agreement this _ day of 114a�i , A.D., 2007. �P�� 1 I s CITY OF FORT WORTH .� p,, Att�st: ��: �� ' �� City ecretaiy Mr. Marc A. Ott 1�1() h�$�� ;(�lU�1tE�� Approved as to Form and Legality: �� i�/ � J `J � � � ± _ `. Ms. Ch-rista Lopez r' � Title : Asst. City Attorney � . . , ,/� �i • .L�. .� ,�% .., .! 757286_4 Title: Assistant City Mana � - y: , �c c � � � r. Sebastiari ichera, REM Title: Asst. Dir. Water/Pollution Control Fort Worth Water Deparhnent Date: �� -_ r�11-��1�- f� / � -� Title: �:>'�i��'��i;;1 ;°r;l�;�,��; �v�',;i r' �,�;4 r. ,: � �c �;��i�I.�rL�i°!.f;`u� � If l;��,�,' � 1��fC � IL� �i� �N ° f`i . .��M CERTIFICATE OF LIABILITY INSURANCE 04/06/2 0, PRODUCER (678)919-1150 FAX (678)919-1151 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Offi ce of Ameri ca, Inc. �NLY AND CONF�RS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NO7 AMEND, EXTEND OR 2839 Paces Ferry Road ALTER TFiE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 1Z00 Atl anta, GA 30339 INSURERS AFFORDING COVERAGE NAIC # INSURED Qore, Tnc. INSURERA: HUCI5011 Specialty Ins. Co. 420I Pl easant Hi 11 Road INSURER 8: SL! l te A INSURER C: Duluth, GA 30096 INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDI710N OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 7HE INSURANCE AFFORDED BY THE POLICIES �ESCRIBED HEREIN IS SUBJEC7 TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS QF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR DD' 7ypE OF INSURANCE POLICY NUMBER POLJCY EFFECTNE POl1CY EXPIRA710N UMI75 GENERAI. LU+BWTY F�3CH OCCURRENCE 5 COMMERCIAL GENERAL LIABILITY OMMGE TO RENTED S CLAIMS MADE ❑ OCCUR MED EXP (Any one person) S PERSONAL 8 A�V INJURY S GENERALAGGREGATE 5 GEN'L AGGR[GATE LIIAIT APPLIES PER: PRODUCTS • COMP/0P AGG S POLICY JECT LOC AUTOMOBILE LIABIU7Y COMBINED SINGLE L�MIT S ANYAUTO � (Eaacc{doN) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS �Per person) S HIREO AUTOS BODILY INJURY NON•OWNEO AUTOS (Per accidonl) 5 PROPERTY DAMAGE 5 (Per occidenl) GARAGE tlABILIiY AUTO ONLY - EA ACCIDENT 5 ANY AUTO O7HER THAN � ACC S A1170 ONLY: AGG S E%CE55lUMBRELLA LIA6ILJTY EACH OCCURRENCE S OCCUR � CLnIMS MADE AGGREOATE S S OEDUC7IBLE 5 RE7ENTION S 5 WORKERS COMPENSATION AND WC STATU• OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT 5 OFFICER/MEMBER EXCLUDED'7 E.L. DISEASE - EA EMPLOYEE 5 If yes, desufhe �ndor SPECIA� PROVISIONS bolow E.l. DISEASE - POLICY LIMIi S on+ER FEC6i1Z034 04/03/Z007 04/03/2008 $3,000,000 Per Claim ontractors Pollution A Liability $3,000,000 Aggregate $5,000 Ueductible DESCR1PT10N OF OPERATi0N5! LOCAT10N5 ! VEHICLE5/ EXCLUSIONS ADDEO BY ENOORSEMENTI SPECtAL PKOVISIONS E: Tr-inity Park _ity of Fort Worth is named as Additional Insured. Waiver of Subrogation is favor in favor o� the ity of Forth Worth. City of Fort Worth Attn: Laly Joseph 1000 'fhrockmorton FortWorth, TX 76101 ACORD 25 (2001/OB) SHOULD ANY OF THE ABOVE �ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAi1ON DATE THEREOF, TNE ISSUING INSURER Wlll ENDEAVOR TO MAIL 3O DAYS WRIi"fEN NOTICE TO THE CERTIFlCATE HOLDER NAMEO 70 THE LEFf, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLJGATION OR LIABILITY OF ANY KIND UPON THE INS AUTNORPF� REPRESENTATIVE Wm. Huqh No ITS AGEN75 OR REPRESENTATNES. ,�f./1E��i,�.n �,�' .. �-�%'�� l,� / OACQRD CQRPORATION 1988 IMPORTANT If the ce�tificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on ihis certificate does not confer rights to the cerlificate holder in lieu of such endorsement(s). If SUBROGATION IS WA�VEL�, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificale holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this iorm does not constitule a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter ihe coverage afforded by the policies listed thereon. ACORD 25 (2001/08j