HomeMy WebLinkAboutContract 56689 CSC No.56689
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH SANITARY SEWER DISCHARGE AGREEMENT
This Agreement is made and entered into by and between GPIF CD Hotel LLC and the City of
Fort Worth(CITY)to allow for the discharge of groundwater from GPIF CD Hotel LLC's facility
located at 3300 Camp Bowie Boulevard, Fort Worth, Texas, 76107 into the City's sanity sewer
system during the period of construction. The City agrees to allow for such discharge under the
strict terms and conditions as stated herein.
I. REQUIREMENT FOR DISCHARGE INTO
THE SANITARY SEWER SYSTEM
1. GPIF CD HOTEL LLC may discharge into the City sanitary sewer system provided the
groundwater meets the limitations and standard set forth herein. GPIF CD HOTEL LLC,
shall perform the appropriate analysis as required by law of the groundwater to identify
characteristic pollutants known or reasonably expected to be present in the groundwater
and has made those know to the City as shown in subsection 2(c). GPIF CD HOTEL LLC,
shall treat said groundwater prior to discharge into the City's sanitary sewer system if
necessary to meet the limitations stated in subsection 2(c) in a manner that is compliant
with all applicable laws and acceptable to the City.
2. If the City deems it necessary for compliance with all applicable laws and regulations,
GPIF CD HOTEL LLC, shall install and operate a pretreatment facility as needed for the
treatment of water prior to discharge into the public sanitary sewerage system. GPIF CD
HOTEL LLC's pretreatment system shall (at a minimum) consist of:
a) Sample points installed on influent and effluent lines for water quality monitoring;
and
b) A flow meter installed to totalize effluent volume in cubic feet.
c) Effluent discharged will not exceed the following limitations: All discharges
shall be compliant with City Code regulations and all applicable laws.
OFFICIAL RECORD
Revised 3-14-17 CITY SECRETARY
FT.WORTH, TX
Parameter Effluent Concentration
Limit m
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)
11 5-12
Tricholoroethene (TCE) 0.20
Tetrachloroethene (PERC) 0.01
If other parameters that are subiect to City Code regulations related to groundwater
discharge or other applicable laws regarding the same are in the groundwater, then GPIF
CD HOTEL LLC shall notify the City in writing prior to discharge and the City will set the
limits for other parameters based on the contaminants present in the groundwater in
accordance with EPA Methods 624/625 and 608.
GPIF CD HOTEL LLC warrants that all discharges shall be compliant with any City Code
provision or regulatory or requirement of the Publicly Owned Treatment Works (POTW),
and all state and/or federal laws, regulations, codes, or requirements.
Revised 110421 2
3. GPIF CD HOTEL LLC, agrees that the groundwater discharge shall not exceed a rate of
200 gallons per minute (gpm). If an increase is desired, GPIF CD HOTEL LLC, shall
request an increase in writing and the reason(s) for such request which shall not be
unreasonably denied and will be approved in a reasonable time frame. CITY may 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. GPIF CD HOTEL 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. GPIF CD HOTEL LLC,
will be permitted to resume discharge if sampling and investigation show that GPIF CD
HOTEL LLC, treated wastewater discharge is not the source of nuisance odors and/or
sewer LEL levels equal to or greater than 10%.
GPIF CD HOTEL LLC, also agrees to discontinue discharges that violate the discharge
requirements established by this agreement and may recommence discharge only when
compliance is established and agreed to by the CITY.
5. If GPIF CD HOTEL LLC is required to install and operate a pretreatment facility under
Section 2, GPIF CD HOTEL LLC, 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 if applicable.
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). CITY must receive analysis results within thirty(30)days
from sampling date.
GPIF CD HOTEL LLC, agrees that although a minimum sampling frequency is stated
herein that continuous and consistent compliance is GPIF CD HOTEL LLC's
responsibility and GPIF CD HOTEL LLC, will act accordingly to insure continuous and
consistent compliance. CITY agrees insofar as permitted by law, to keep all these reports
and results confidential and will endeavor to provide GPIF CD HOTEL LLC, with copies
of any request from a third party for this information.
6. GPIF CD HOTEL LLC, agrees 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, contamination or pollution.
and for gradual emissions.
b) Clean-up costs.
c) Defense costs.
Revised 110421 3
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.
f) CITY shall be endorsed as an additional insured and a waiver of subrogation in
favor of the CITY.
g) A thirty (30) day notice of cancellation shall be provided to the CITY.
h) Maximum deductible of$25,000 per occurrence 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. GPIF CD HOTEL LLC, 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.
8. GPIF CD HOTEL LLC, agrees to the following fee schedule for the services provided by
the CITY:
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. Current billing rate is $4.23 per CCF (100 cubic feet =
748 gallons).
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.
Revised 110421 4
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 GPIF CD Hotel LLC
Ms. Laly Joseph, REM 777 Main Street, Suite 2260
Pretreatment Services Fort Worth, Texas 76102
Fort Worth Water Department Attention: Legal Department
920 Fournier Street
Fort Worth, Texas 76102
II. INDEMNIFICATION
GPIF CD HOTEL LLC, 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 GPIF CD HOTEL LLC, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS IN THE
PERFORMANCE OF THIS AGREEMENT, AND GPIF CD HOTEL 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, OCCURRING DURING OR
ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, AS A RESULT OF
ANY NEGLIGENT ACT OF OMISSION OR COMMISSION ON THE PART OF GPIF
CD HOTEL LLC, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR
SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT..
III. 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 sixty (60) days from the ceasation of discharge unless
otherwise requested in writing by GPIF CD HOTEL LLC.
3. The CITY may terminate this Agreement if, in its reasonable opinion, the discharge
authorized herein 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
GPIF CD HOTEL LLC's, wastewater discharge cause a violation of applicable laws or
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. GPIF CD HOTEL LLC will be given notice and a reasonable opportunity to cure
before any termination of the Agreement by the CITY unless otherwise prohibited by
applicable law.
Revised 110421 5
IV. 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.
This Agreement shall be effective on the date executed by the City Secretary as shown below.
City of Fort Worth
'(/(�J�y► Dana Bunandoff
Attest: r By: Dana Burghdoff(Nov 16,202112:55 CST)
Ronald Gonzales oa44n���� Dana Burghdoff
a�F pR T ?
Acting City Secretary po°° °°°�•pa� Assistant City Manager
Date: pf 0 °o�J►
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000 g=d
CGI�/,I�DI�GIG�fI� G�G�
ap °o°Aa* By: Christopher H rder(Nov 16,202107:40 CST)
° °°°°°°° Chris Harder, P.E.° SEXA Water Department Director
Approved as to Form and Legality:
Christa R.Lopez-Reynolds(Nov 16,202110:17 CST)
Ms. Christa R. Lopez-Reynolds
Sr. Assistant City Attorney
GPIF CD HOTEL LLC
Witness:
By: By:
Garrett Swaldi Tr ,le �l ii
Title: Vice President, Development Title: Vice P �. ' t
Date: 2
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.
LalyG Jot hK1v15,/ 11:010 )
Name of Employee
Environmental Program Manager
Title
OFFICIAL RECORD
CITY SECRETARY
Revised 110421 6 FT.WORTH, TX