HomeMy WebLinkAboutContract 54177 CSC No. 54177
RECEIVED FORT WORTH.
JUL 2 3 2020
CITYOFFORT WOR
Cin SECRETARY CITY OF FORT WORTH, TEXAS
AGREEMENT FOR THE DISCHARGE OF PRETREATED GROUNDWATER
TO THE SANITARY SEWER SYSTEM
This Agreement is made and entered into by and between, GREEN EQUITY PARTNERS LLC.
("Company"), by and through ECO MANAGEMENT, LLC its duly authorized representative
and the City of Fort Worth, Texas ("CITY"). For and in consideration of the covenants and
promises contained herein, the parties hereto agree as follows:
I. PURPOSE
1. Company owns/operates a facility located at 3900 Angle Fort Worth, Texas 76106,
known as Green Equity Partners, LLC. Company requests approval to discharge
pretreated groundwater from the facility to the City's sanitary sewer system or deliver such
pretreated groundwater to the City for disposal. 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.
2. The proposed discharge would enter the sewage system of CITY.
II.COVENANTS
1. The City agrees to receive groundwater which will include leachate from a cement kiln
landfill after it has been pretreated by the Company's wastewater treatment system
approved by the City and described herein. City may immediately withdraw its approval
of Company's system if the terms of this agreement cannot be met, in the City's
reasonable discretion.
2. Company, agrees to install and operate a pretreatment facility for the treatment of water
prior to discharge into the public sanitary sewerage system. The pretreatment system shall
(at a minimum) consist of-
a) Automated Treatment System
The automated treatment system will utilize pumps to transfer water from the existing
1000 gallon oil &grease interceptor, into a batch vault, neutralization chemical will be
added and mixed, upon pH reaching a range of?:5< 12. treated wastewater will be
OFFICIAL RECORD {'
CITY SECRETARY V�
FT WORTH,TX
discharged into the Fort Worth wastewater collection system. An actuator will be
installed to automatically shut-down discharge in the event pH is The pH monitoring
system will automatically shut off discharge flow by closing an actuator valve and
shutting down the discharge pump in the event that the pH level is outside of the
permitted range. The main components of the system will include:
• Shef 100 (220 volt) effluent pump
• Acid Pump
• Two (2) lined acid vaults-3'x 3'x 3'6"slab top with 3'x 3'aluminum door
• Lightning Mixer Model EV5P25
• One (1) aboveground settling vault-concrete 4'x 8'x 4'ID with 3' baffle and lid
• One (1) 4 drum pallet/spill containment
• One (1) 2" valve
• One (1) EVR2 Actuator valve
• One (1) 4" valve
• One (1) EVR3 Actuator valve
• One magnetic discharge flow meter
b) Sample points installed on influent and effluent lines for water quality
monitoring; and
c) A flow meter installed to totalize effluent volume in cubic feet.
d) Automated system must be installed within 90 days after the execution date of
this agreement_
Effluent discharged from the pretreatment system will not exceed the following
limitations: All discharges shall be compliant with any ordinance requirement
Pollutant Ordinance requirement (Daily mg/L)
Arsenic 0.25
Cadmium 0.15
Chromium(total) 5.0
Copper 4.0
Lead 2.9
Mercury 0.01
Nickel 2.0
Silver 1.0
Zinc 5.0
Effluent discharged from the pretreatment system will not exceed the following
limitations: pH in standard units must be between 5.0 and 12.0. All discharges shall
be compliant 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.
3. Company's discharge shall not exceed a rate of 30 gallons per minute (gpm) and shall
maintain an average flow of 10 gpm. If an increase is desired, Company shall request an
increase in writing prior to any increased discharge. The City will endeavor to respond
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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 may adversely affect the
City's treatment plant or collection system_
4. Company shall 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 as determined by the City. 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%.
Company shall make a discharge that may violate the discharge requirements established
by this Agreement and may discharge only when compliance with those is assured.
5. Company agrees to collect and analyze samples of the influent (prior to treatment) and the
effluent (discharge after treatment) and report all results to the City.
Samples to be used for reporting purposes must, at a minimum, be collected monthly and
analyzed for pH and TSS, and as well as any other pollutants identified at quantifiable
levels_
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)(7)(2), (R)(l)(2)(3)(4) except that total petroleum hydrocarbons, which is
listed in standard methods, 18th edition. City must receive analysis results within 30
days from sampling date.
Company agrees that continuous and consistent compliance is Company's responsibility and
Company shall act in accordance.
6. At Company's written request, Environmental Impairment Liability (EIL) commercial
insurance requirement maybe waived after review of the company's financial status by the
City's Risk Manager and approval. City shall have the right to review Company's financial
reports on an annual basis to ensure the conditions continue to warrant accepting
the self-insurance alternative. If a waiver is not requested and/or not granted Company shall
acquire and maintain the insurance in an amount to be determined by the City in accordance
with City policy.
7. Company agrees to provide the City with access to the monitored site so that the City
may monitor/sample at its discretion.
8. Company agrees to compensate the City for the cost-of-doing business in the following
amounts:
a) Monitoring Fee: A payment of $5000 For the cost of administering and monitoring
the discharge during the agreement period.
n
b) Transportation Fee: A discharge fee based on the City billing rates for the volume of
wastewater discharged.
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 reports shall be directed as follows:
CITY OF FORT WORTH COMPANY
Ms. Laly Joseph, REM Mr. Michael A. Blubaugh
Environmental Program Manager Manager
Pretreatment Services Division Eco Management, LLC, for Green Equity
Fort Worth Water Department Partners, LLC
920 Fournier Street 2029 N. Main Street, Suite 200
Fort Worth, Texas 76102 Fort Worth; Texas 76164
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 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 A
DISCHARGE, AS A RESULT OF ANY NEGLIGENT ACT OF 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 only be amended in writing by both parties.
2. This Agreement shall terminate after two years after the execution date. If further
discharge of treated water is required after the end of this Agreement, Company, may
request renewal of this Agreement.
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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 Company, 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 biomonitoring requirements for compliance with CITY's TPDES permit.
4. Company may terminate this agreement upon 45 days written notice to the City. City
shall give a written acknowledgement of such termination and the actual termination
date, after which, Company may not discharge into the City's sanitary sewer.
V.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
J°"�20'0 day Of Ju123,2020 A D 20 Ju123,2020
CITY OF FORT WORTH
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Attest: -�-� By: sff - --
Dana ( 22.20 159CDT)
V:0R j yity Secretary Ms. Dana Burghdoff
Title: Assistant City Manager
j ••�!tea i•,_ l .�i2LQ76i.O>/LP/L CLIGLQ/L
B V: Christopher Hard (Ju113,202009:02 CDT)
1 Mr. Chris Harder, PE
Title: Water Director
•� ,�; ` ' P;.° Fort Worth Water Department
Approved as to Form and Legality-
Cift�,�Loden-�ey�oG Jul 23 2020
ChristaR.Lopez-Reynold (Ju122,20201.47CDT) Date:
Ms. Christa Reynolds
Title: Sr. Assistant City Attorney
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.
Laly GTas�Qh
L 1yWmph(Ju11,2aNOB:I3 Can
Laly G. Joseph,REM
Title: Environmental Program Manager
OFFICIAL RECORD
CITY SECRETARY
5 FT WORTH,TX
COMPANY
Green Equity Partners, LLC
Eco Management LLC 17 °
By: Title:
Date:
OFFiCUAL RECORD
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