Loading...
HomeMy WebLinkAboutContract 60536CSC No. 60536 CITY OF FORT WORTH SEWER DISCHARGE PERMIT FOR GROUNDWATER REMEDIATION DISCHARGE This permit to discharge ("Permit") is made and entered into by and between CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. and the City of Fort Worth ("CITY"). For and in consideration of the covenants and promises contained herein, the parties hereto agree as follows: L RECITALS 1. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. requests approval for the continuing discharge of groundwater, pursuant to Section 12.5-621(a)(4) of the Fort Worth Code of Ordinances, from beneath CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC.'s facilities located at 3230 Camp Bowie Boulevard, Fort Worth, Texas, 76107, 3300 Camp Bowie Boulevard, Fort Worth, Texas 76107, and 800 Van Cliburn Way, Fort Worth, Texas 76107 into the CITY sanitary sewer system. II. COVENANTS 1. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. may discharge into the CITY sanitary sewer system provided the ground water meets the limitations and standard set forth herein. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. 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 known to CITY as shown in subsection 2(c). CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. 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 CITY. 2. If CITY reasonably deems it necessary for compliance with all applicable laws and regulations, CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. agrees to install and operate a pretreatment facility for the treatment of water prior to discharge into the CITY sanitary sewerage system. The 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC No. 60536 c) Effluent discharged from the pretreatment system will not exceed the following limitations: All discharges shall be compliant with any ordinance requirement. Parameter Arsenic Cadmium Chromium Copper Lead Mercury Nickel Silver Zinc Oil & Grease Cyanide SGT-HEM MTBE MEK BTEX TTO (EPA 624, 625 and 608 compounds) pH Trichloroethene (TCE) Tetrachloroethene (PERC) Effluent Concentration Limit (mg/L) 0.25 0.15 5.0 4.0 2.9 0.01 2.0 1.0 5.0 200 1.0 10.0 2.0 1.0 1.0 2.13 5-12 0.20 0.01 Limits for other parameters may be added based on the contaminants present in the wastewater. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. warrants that 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. 2 CSC No. 60536 If anv other parameters are expected or if contaminants are unknown EPA Methods 624/625 and 608 will be performed, limits will be established for those parameters present. 3. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. agrees that the sewer discharge shall not exceed a rate of 200 gpm (gallons per minute); if an increase is desired, CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC., will request an increase in writing, which will not be unreasonably denied. 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. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. 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. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. will be permitted to resume discharge if sampling and investigation show that CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC., treated wastewater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. also agrees to discontinue discharges that violate the discharge requirements established by this Permit and may recommence discharge only when compliance is assured. 5. If CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. is required to install and operate a pretreament facility under Section 2, CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. 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) except total petroleum hydrocarbons which is listed in standard methods, 18th edition. CITY must receive analysis results within thirty (30) days from sampling date. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. agrees that although a minimum sampling frequency is stated herein that continuous and consistent compliance is CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC.'s responsibility and CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. will act accordingly to insure continuous and consistent compliance. CITY agrees insofar as permitted by law, to keep the reports and results confidential and will endeavor to provide CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. with notice of any valid open records request received from a third party so that CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. may respond directly to the Texas Attorney General regarding protection of such records should CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. so choose. 3 CSC No. 60536 6. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. agrees to procure prior to discharge, and maintain during the life of this Permit, 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. d) Damage incurred to any parry or to any property while groundwater is being discharged and carried by Fort Worth's sewer transportation system to the Village Creek Water Reclamation Facility. e) Coverage under the EIL policy shall be maintained for a period of two (2) years after termination or expiration of this Permit. 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. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. 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. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. 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 payable every two years. b) Sewer Discharge Fee: A discharge fee based on the CITY billing rates for the volume of wastewater discharged. (FY2023 — $4.06/100 cubic feet) 2 CSC No. 60536 The Monitoring Fee shall be paid to the CITY upon application for a new Permit and during the term of the Permit if issued for greater than two years. The Sewer Discharge Fee shall be paid to the CITY upon receipt of an invoice. 9. Except as a party may otherwise direct by written notice to the other, all correspondence and reports shall be directed as follows: Citv of Fort Worth 0 � mmmmmwh Ms. Laly Joseph, REM Environmental Program Manager Pretreatment Services Division Fort Worth Water Department 920 Fournier Street Fort Worth, Texas 76102 CULTURAL DISTRICT CONDOMINIUM ASSOCIATION. INC. 3230 Camp Bowie Blvd., Suite 500 Fort Worth, Texas 76107 Attention: Legal Department III. INDEMNIFICATION CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. 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 CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC., ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT, AND CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. DOES HEREBY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR DAMAGES, TO PERSONS OR PROPERTY, OF WHATSOEVER HIND OF CHARACTER, WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT OR AS A RESULT OF ANY NEGLIGENT ACT OF OMISSION OR COMMISSION ON THE PART OF CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC., ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT. IV. AMENDMENT AND TERMINATION OF PERMIT 1. This Permit may be amended in writing by mutual agreement of the parties hereto. 2. This Permit shall terminate four years after the execution date; however, pursuant to City Ordinance 17075-07-2006, permit fees are due every two years. If continuing discharge is required after the end of this Permit, CULTURAL DISTRICT CONDOMINIUM 5 CSC No. 60536 ASSOCIATION, INC., or its successor in interest, may renew this Permit upon thirty days (30) days prior written notice to CITY. 3. The CITY may terminate this Permit if, in its reasonable opinion, the discharge authorized thereunder is adversely affecting the CITY's treatment plant or collection system. In addition, this Permit may be terminated by the CITY if and when the CITY determines that CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. 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. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. will be given notice and a reasonable opportunity to cure before any termination of the Permit by CITY unless otherwise prohibited by applicable law. V. PERMIT TRANSFER CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. covenants and agrees that it will not assign all or any part of its rights, privileges or duties hereunder without the prior written consent of the City, which consent shall not be unreasonably withheld, and any attempted assignment of same without such prior consent of the City shall be void. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. may transfer the Permit to a new owner or operator after CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC. provides advance notice to the director of the Water Department and the director approves the transfer. The notice shall include a written certification by the new owner or operator which: (1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; (2) Identifies the specific date on which the transfer is to occur; and (3) Acknowledges full responsibility for complying with the existing wastewater discharge permit. Notwithstanding anything to the contrary contained herein, in the event that CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC dissolves or terminates during the term of this Permit, according to the terms of the Declaration of Condominium Regime for Cultural District Master Condominium recorded as Document No. D221290606 in the Official Public Records of Tarrant County, Texas ("Condominium Declaration"), then prior to such dissolution or termination, CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC shall assign all of its rights, privileges and duties hereunder to a unit owner under the Condominium Declaration and such assignment shall be allowed hereunder without further approval from the CITY. CULTURAL DISTRICT CONDOMINIUM ASSOCIATION, INC will provide the CITY with thirty days (30) advance notice of any such assignment. The notice shall include a written certification as described hereinabove in this Section V. VI. VENUE 2 CSC No. 60536 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 Permit this 30th day of November 20 23 • QFna ORT �pd o OV. ...ppdO City of Fort Worth Cam° z 8 OV= 0 Attest. adaIl nEX656gd Janette S. Goodall City Secretary Approved as to Form and Legality: DBlack (Nov 29. 2023 17:51 CST) Douglas W. Black Sr. Assistant City Attorney LIG L�/ aGLY l�Lf/ f By: Dana Burghdoff (No 9, 2023 1 :55 CST) Dana Burghdoff Assistant City Manager Date: Nov 29, 2023 chn"*Vhe�- f7alriel- By: Christopher Hard r(Nov 29, 202313:45 CST) Chris Harder, P.E. Water Department, Director CULTURAL D1 PTRICT CONDOMINIUM ASSOCIATION, INC. a Texas 4non- : corporation By: Witness: , Th esaC bilao Venicia Mantecon Titl . President Date: Novem .v i1i 015 City 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. o _12 16 CST; Name of Employee Enviromental Program Manager Title 7 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX