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Home My WebLink AboutContract 54177-R1 CSC No. 54177-Rl CITY OF FORT WORTH RENEWAL OF AGREEMENT WHEREAS,this Renewal of Agreement is between the City of Fort Worth,("CITY"), and Green Equity Partners,LLC ("Company"); and WHEREAS, CITY and Company entered into an Agreement for the Discharge of Pretreated Groundwater to the Sanitary Sewer System on July 23, 2020 (City Secretary #54177); and WHEREAS, CITY and Company desire to renew the Agreement for an additional two year term with no change to the terms and conditions; NOW, THEREFORE, it is agreed by the CITY and Company as follows: Article I The Agreement is hereby renewed for another two year term with an expiration date of the renewed term being established as July 22,2024. Company agrees to compensate the City for the cost-of-doing business in the following amount:A monitoring f e e payment of$5000 for the cost of administering and monitoring the discharge during the agreement period. Article II All other provisions of the Agreement shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated City Manager. APPROVED: City of Fort Worth Green Equity Partners,LLC AM &a—hg—lolz Dana Burghdoff(A 26,2022 1 :10 CDT) Dana Burghdoff Michael A. Blubaugh Assistant City Manager Manager DATE. U 26, 2�22 DATE: Z� — 2d 2 2— Renewal of Agreement OFFICIAL RECORD Green Equity Partners LLC CITY SECRETARY FT. WORTH, TX APPROVAL RECOMMENDED: Christopher Hard (Jul 26,202209:39 CDT) Chris Harder,P.E., Director,Water Department APPROVED AS TO FORM AND LEGALITY: M&C:_NA Date: Jul 26, 2022 DBlack(J6126,202215:05 CDT) Douglas W. Black Assistant City Attorney ATTEST:JTangnenttne ette S. Goo�lgll L� A 4�oFo00000. oF �L� o�O��a�o S.Goodall(Jul 27,2022 07:10 CDT) � -WOO ��o 0 Jannette Goodall o o o d City Secretary �� 00�o0000000°° nEXAso�p 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. Lalygjos,V 2,2022 :46CDT) Laly G. Joseph Environmental Program Manager Renewal ofAgreement OFFICIAL RECORD Green Equity Partners LLC CITY SECRETARY FT. WORTH, TX CSC No. 54177 FORT WORTH. 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. H. 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 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 2 P 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)(Z)(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. 4 ��] 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 Ju123,2020 day of Ju123,2020 A.D., 20 Ju123,2020 CITY OF FORT WORTH Attest: akl '' f By: da aoff� rz4, � z�City Secretary Ms. Dana Burghdoff Title: Assistant City Manager By: Christopher Hard (Ju 113,202009:02 CDT) Mr. Chris Harder, PE Title: Water Director Fort Worth Water Department Approved as to Form and Legality- CGI -/, �6I k LDZ- Jul 23 2020 Christa R.Lopez-Reynold (Jul 22,2020 1 A7 CDT) Date: 7 Ms. Christa Reynolds Title: Sr. Assistant City Attorney Contract ComplianceManager: 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.. Lily GTaseph Lily 6Joseph(Ju113,2020 08:43 CDT) Laly G. Joseph, REM Title: Environmental Program Manager 5 COMPANY Green Equity Partners, LLC Eco Management LLC By: Title: Date: 6