HomeMy WebLinkAboutContract 60986CSC No. 60986
CITY OF FORT WORTH WASTEWATER DISCHARGE AGREEMENT
This Agreement is made and entered into by and between Long Creation 1999 LLC a
Delaware -registered entity (COMPANY), 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
Whereas, COMPANY requests approval to discharge potentially or actually contaminated water
("Water") possessed by COMPANY at its facility or property located at 3900 Angle
Avenue, Fort Worth, Texas, 76106, into the CITY's sanitary sewer system ("System"); and
Whereas, COMPANY has performed analysis of the Water to identify characteristic pollutants
known or reasonably expected to be present therein; and
Whereas, COMPANY agrees to only discharge Water that strictly complies with pollutant levels
described herein.
I1. COVENANTS
1. CITY agrees to receive into its System the Water from Company so long that is
compliant with the terms of this Agreement.
2. COMPANY agrees to discharge Water into the System in strict compliance with the
terms of this Agreement for so long as necessary to eliminate the Water from
COMPANY'S location, subject to biennial review and renewal of this Agreement.
3. COMPANY further agrees:
a) That the Water will be within the acceptable and safe limits specified below, prior
to discharge into the System;
b) To install a flow meter to record effluent volume in cubic feet or to estimate flow
with sufficient written documentation; and
c) 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.
d) To maintain and operate the automated pretreatment system on site.
e) Other site -specific items to be listed. If none, delete this line or write: None.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CSC No. 60986
4. Water discharged will not exceed the following limitations:
Parameter
Effluent Concentration
Limit
(mg/L)
Arsenic
0.25
Cadmium
0.15
Chromium
5.0
Copper
4.0
Lead
2.9
Mercury
O.01
Nickel
2.0
Silver
1.0
Zinc
5.0
Oil & Grease
200
i 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)
pH
5- l 2
Limits for other parameters will be added based on the contaminants present in the
wastewater.
If anv other parameters are expected or if contaminants are unknown, EPA
Methods 624/625 and 608 shall be performed and discharge limits will he
established for those parameters present.
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CSC No. 60986
5, COMPANY agrees that the Water discharge shall not exceed a rate of 30 gpm (gallons
per minute) and shall maintain an average flow of 1 Ogpm. If an increase is desired,
COMPANY shall make such request in writing. The CITY will endeavor to respond
within 7 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.
6. COMPANY 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
(LEL) and/or exhibit a petroleum -like nuisance odor. COMPANY will be permitted to
resume discharge if sampling and investigation demonstrate that the Water discharged is
not the source of nuisance odors and/or elevated LEL levels.
7. COMPANY shall immediately discontinue discharges upon discovery or suspicion that
COMPANY'S Water violates the discharge requirements established by this Agreement.
COMPANY may recommence discharge only when compliance is established or it is
determined that the elevated discharge limits are not caused by COMPANY, each as
determined solely by the CITY.
8. COMPANY agrees to procure, prior to commencing with discharge, and maintain during
the life of this agreement, including renewals, site -specific Environmental Impairment
Liability (EIL) insurance 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 party or to any property while Water 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 agreement.
f) CITY shall be endorsed as an additional insured and the policy shall contain a
waiver of subrogation in favor of the CITY.
g) COMPANY must provide advance thirty (30) day notice of cancellation to the
CITY.
h) Maximum self -insured retention of $25,000 per occurrence unless otherwise
approved by the CITY.
i) COMPANY shall provide Certificates of Insurance to the CITY prior to discharge
being permitted.
9. COMPANY agrees to provide the CITY with access to the monitored site so that the
CITY may monitor/sample at its discretion. Except in the case of emergencies, CITY
shall provide reasonable notice to COMPANY of CITY'S intent to enter and sample the
Revised 8.10.23 3
CSC No. 60986
Water. CITY agrees, insofar as permitted by law, to keep all results of these samples
confidential.
10. COMPANY agrees to pay CITY the amount of $5000 prior to the commencement of
discharge pursuant to the fee schedule adopted by City Ordinance No. l 7075-07-2006, as
amended.
11. 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
Ms. Laly Joseph, REM
Environmental Program Manager
Pretreatment Services
Fort Worth Water Department
920 Fournier Street
Fort Worth, Texas 76102
Email:
Industry
Name: Avraham Azoulay
Title: Manager
Firm Name: Address: 8 The Green, Sute 15812
Dover, DE 15812
Email: Aazulay90@gmal.com
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 THE PERFORMANCE OF THIS AGREEMENT, AS A RESULT OF ANY
NEGLIGENT ACT OR 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
This Agreement may be amended in writing by mutual agreement of the parties hereto.
2. This Agreement shall terminate two years after the effective date. If discharge of
additional Water is required, COMPANY may request an extension of this Agreement.
Revised 8.10. 23 4
CSC No. 60986
The CITY may terminate or suspend 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 System. In addition, this Agreement may be terminated by the CITY if
the CITY determines that the Water being discharged 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.
V. ADDITIONAL TERMS
1. 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 or the United
States District Court for the Northern District of Texas, Fort Worth Division.
2. Severability/Non-Waiver of Claims. Any provision or part of the Agreement held to be
unconstitutional, void or unenforceable by a court of competent jurisdiction shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon
CITY and COMPANY. The failure of CITY or COMPANY to insist upon the
performance of any term or provision of this Agreement or to exercise any right granted
herein shall not constitute a waiver of CITY'S or CONTRACTOR'S respective right to
insist upon appropriate performance or to assert any such right on any future occasion.
3. No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other
than the CITY and the COMPANY and there are no third -party beneficiaries.
4. Assignment, Successors and Assigns. This Agreement may not be assigned by the
COMPANY without the advanced express written consent of the CITY. COMPANY
binds itself, its partners, successors, assigns and legal representatives to the CITY hereto,
in respect to all covenants, agreements and obligations contained in the Agreement.
Remainder of the page intentionally blank.
Revised 8.10.2.E
CSC No. 60986
IN WITNESS WHEREOF, this Agreement has been executed by each party's duly appointed
representative to be effective on the date subscribed by the City's Assistant City Manager.
By: AV rc ar �'1o�i��
Name
Title j4'1 a A10 Lov-
Date: t
Approved as to Form and Legality:
Douglas Bl-kBl-k (2024
416:25 CST)
Doug Black
Sr. Assistant City Attorney
By:
City of Fort Worth
Fernando Costa
Assistant City Manager
Date: Feb 21, 2024
Recommended By:
Chrisfonher Harder
Ch,,—pl— Harder (F,h B, 202E 11 31 CST)
Chris Harder, P.E.
Fort Worth Water Department
Director
Attest: l
Janette Goodall
City Secretary
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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.
!�c. AjJ i4
Laly Josi (Feb 8, 202413:51 CST)
Name of Employee
Environmental Program Manager
Title
Revised 8.10.23
0
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX