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Home My WebLink AboutContract 56432 CSC No.56432 STATE OF TEXAS COUNTY OF TARRANT SEWER DISCHARGE AGREEMENT This Sewer Discharge Agreement (the "Agreement") is made and entered into by and between QT SOUTH, LLC (Concerning QT #1878, 2712 Las Vegas Trail, Fort Worth, Texas), 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. QT SOUTH, LLC requests approval for the sewer discharge of groundwater from beneath QT #1878, located at 2712 Las Vegas Trail, Fort Worth, Texas, 76116, QT SOUTH, LLC proposes performing analysis of the groundwater to identify characteristic pollutants known or reasonably expected to be present in the wastewater. QT SOUTH, LLC also proposes to treat said wastewater for such pollutants to the levels described herein prior to discharge into the sanitary sewer. 2. The proposed discharge would enter the sewerage system of CITY. (See II. COVENANTS,Number 8c) II. COVENANTS 1. The CITY agrees to receive pretreated effluent from a wastewater recovery and pretreatment system operated by QT SOUTH, LLC for QT#1878, 2712 Las Vegas Trail, Fort Worth, Texas. 2. QT SOUTH, LLC agrees to install and operate a pretreatment facility (system) for the treatment of water prior to discharge into the public sanitary sewerage system. The pretreatment system shall (at a minimum) consist of- a) A facility (system) to treat water to acceptable and safe limits prior to discharge to the sanitary sewerage system; 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. OFFICIAL RECORD Revised 9-13-19 CITY SECRETARY FT. WORTH, TX Effluent discharged from the pretreatment system will not exceed the following limitations: All discharges shall be compliant with any ordinance requirement. 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 TTO (EPA 624, 625 and 2.13 608 compounds) H 5-12 Limits for other parameters will be added based on the contaminants present in the wastewater. 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. If any other parameters are expected or if contaminants are unknown EPA Methods 624/625 and 608 will be performed, and limits will be established for those parameters present. 2 3. QT SOUTH, LLC agrees that the sewer discharge shall not exceed a rate of 5 gpm (gallons per minute); if an increase is desired, QT SOUTH, LLC will request an increase in writing. 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 reasonable opinion of the CITY, such requested increase will adversely affect the CITY's treatment plant or collection system. 4. QT SOUTH, LLC 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. QT SOUTH, LLC will be permitted to resume discharge if sampling and investigation show that QT SOUTH, LLC treated wastewater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. QT SOUTH, LLC also agrees to discontinue discharges that violate the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5. QT SOUTH, LLC agrees to collect and analyze samples of the influent (prior to treatment) and the effluent (discharge after treatment) and report all results to CITY on a semi-annual basis. 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(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. QT SOUTH, LLC agrees that although a minimum sampling frequency is stated herein (semi-annual) that continuous and consistent compliance is QT SOUTH, LLC's responsibility and QT SOUTH, LLC will act accordingly to ensure continuous and consistent compliance. CITY agrees, insofar as permitted by law, to keep all these reports and results confidential and will provide QT SOUTH, LLC with copies of any request from a third party for this information and an opportunity to seek an order protecting such information from disclosure. 6. QT SOUTH, LLC agrees to procure prior to discharge, and maintain during the life of this Agreement, Environmental Impairment Liability (EIL) insurance with coverage 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. 3 c) Defense costs. d) Damage incurred to any party or to any property caused by QT SOUTH, LLC while groundwater is being discharged and carried by Fort Worth's sewer transportation system to the Village Creek Wastewater Treatment Plant. Coverage under the EIL policy shall be maintained for a period of two (2) years after termination or expiration of this Agreement. e) CITY shall be endorsed as an additional insured and a waiver of subrogation in favor of the CITY. f) Prior written notice of cancellation pursuant to the policy terms shall be provided to the CITY. g) QT SOUTH, LLC may meet the required insurance coverages and limits with any combination of primary, umbrella/excess and self-retention coverage. QT SOUTH, LLC shall be responsible for any deductible or self-retention. h) Certificates of Insurance are required to provide proof of insurance and shall be provided to the CITY prior to discharge being permitted. 7. QT SOUTH, LLC agrees to provide CITY with reasonable access to the monitored site so that CITY may monitor/sample at its reasonable discretion. CITY agrees, insofar as permitted by law, to keep all results of these samples confidential. 8. QT SOUTH, LLC agrees to compensate CITY for the cost-of-doing business in the following amounts: a) Monitoring Fee: A payment of $5,000.00 for the cost of administering and monitoring the discharge during the Agreement period. b) Transportation Fee: A discharge fee based on CITY billing rates for the volume of wastewater discharged. (FY2017/18 —$ 4.23/100 cubic feet). c) Impact Fee: Projects without an active sanitary sewer connection must apply to the City of Fort Worth Water Department Applications Section for a tap and wastewater impact fee. Fees are based upon size and location. The Monitoring Fee shall be paid to CITY prior to the commencement of discharge. The Transportation Fee shall be paid to CITY upon receipt of a bill for services. 9. Except as a parry may otherwise direct by written notice to the other, all correspondence and reports shall be directed as follows: City of Fort Worth OT SOUTH LLC Ms. Laly Joseph, REM Mr. Cody Thiems 4 Environmental Program Manager Environmental Compliance Manager Pretreatment Services Division 4705 S. 1291h E Ave. Fort Worth Water Department Tulsa, OK 74134 920 Fournier Street Fort Worth, Texas 76102 III. INDEMNIFICATION QT SOUTH, LLC covenants and agrees to, and does hereby, indemnify and hold harmless and defend 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, to the extent resulting from any negligent act of omission or commission on the part of QT SOUTH, LLC, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, and QT SOUTH, LLC 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, to the extent arising out of the performance of this Agreement as a result of any negligent act of omission or commission on the part of QT SOUTH, LLC, its officers, agents, servants, employees or subcontractors in the performance of this Agreement, provided, however, that QT SOUTH, LLC's liability shall be limited to that established in Article 6252-19, Texas Revised Civil Statues, and other applicable state statutes and constitutional provisions. IV. AMENDMENT AND TERMINATION OF AGREEMENT 1. This Agreement may be amended only in writing by mutual agreement of the parties hereto. 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, QT SOUTH, LLC may request renewal of this Agreement. 3. The CITY may terminate this Agreement with prior written notice to QT SOUTH, LLC at any time if, in its sole but reasonable 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 upon prior written notice to QT SOUTH, LLC if and when the CITY determines that QT SOUTH, LLC`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 NPDES 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. 5 IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement this day of Oct 6,2021 , A.D. 20 CITY OF FORT WORTH pana Attest: C i��--i'/�`."'•�`�—` By: Dana Burghd off(Oct 5,202113:07 CDT) �ooa�� City Secretary Dana Burghdoff 'a� FORT �� Assistant City Manager /J oopO°Opo A. IP.O By: Christopher H rder(Oct4,202107:36 CDT) O (((lll 1 t�g 0. Chris Harder JJ �(° °y �-I Water Director °00 °Op, 'Cj d 00000000 a Fort Worth Water Department SEX Asap Approved as to Form and Legality: C&tt t�R. L;L,=-Re�`crtC�7� Christa R.Lopez-Reynolds(Oct 5,2021 :12 CDT) Date: Ms. Christa Lopez-Reynolds Sr. Assistant City Attorney QT SOUTH, LLC By: Title: Vies 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. LaP Name of Employee Environmental Program Manager Title OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 6