HomeMy WebLinkAboutContract 63101CSC No. 63101
CITY OF FORT WORTH
SEWER DISCHARGE PERMIT
FOR
GROUNDWATER REMEDIATION DISCHARGE
This SEWER DISCHARGE PERMIT ("Permit") is made and entered into by and between
GPIF CD II LLC, a Delaware limited liability company ("Discharger"), 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
Discharger requests approval for the continuing discharge of groundwater from beneath
Discharger's facilities located at 3325 West 7th Street, Fort Worth, Texas, 76107 into the City's
sanitary sewer system and publicly owned treatment works ("POTW"). Discharger hereby submits
this request pursuant to Section 12.5-610(b)(14) of the Fort Worth City Code.
II. COVENANTS
Discharger may discharge groundwater from beneath Discharger's facilities located at
3325 West 7th Street, Fort Worth, Texas, 76107 into the City's sanitary sewer system and
POTW, provided the groundwater meets the limitations and standards set forth in this
Permit. Discharger 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 the types of pollutants found through the analysis are
shown in Section 2, subsection (c). Discharger shall treat the ground water before
discharging it into the City's sanitary sewer system and POTW, as necessary, to meet the
limitations stated in Section 2, subsection (c), in a manner that is compliant with all
applicable laws and acceptable to City.
2. If City reasonably determines it is necessary for compliance with all applicable laws and
regulations, Discharger agrees to install and operate a pretreatment facility for the treatment
of groundwater before discharging it into the City's sanitary sewer system and POTW. 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.
c) Effluent discharged from the pretreatment system will not exceed the following
limitations: All discharges shall be compliant with any ordinance requirement.
City of Fort Worth Sewer Discharge Permit
For Groundwater Remediation
GPIF CD II LLC
Page 1 of 7
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 GROUNDWATER.
DISCHARGER WARRANTS THAT ALL GROUNDWATER DISCHARGES INTO THE
CITY'S SANITARY SEWER SYSTEM AND POTW SHALL COMPLY WITH ANY
ORDINANCE REQUIREMENTS OF THE CITY, INCLUDING, BUT NOT LIMITED TO,
SECTION 12.5-620(a) OF THE FORT WORTH CITY CODE, ANY OTHER REQUIREMENT
City of Fort Worth Sewer Discharge Permit Page 2 of 7
For Groundwater Remediation
GPIF CD 11 LLC
OF THE POTW, AND ANY STATE AND 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, LIMITS WILL BE
ESTABLISHED FOR THOSE PARAMETERS PRESENT. TESTING FOR PFAS
PARAMETERS SHALL COMPLY WITH EPA METHOD 1633.
3. Discharger agrees that the sewer discharge shall not exceed a rate of 200 gpm (gallons per
minute); if an increase is desired, Discharger, will request an increase in writing to the City,
which will not be unreasonably denied. The City will endeavor to respond within 30 days
from the date of receipt of such request. The City reserves the right to refuse such request
if, in the City's sole opinion, such requested increase will adversely affect the City's
treatment plant or collection system.
4. Discharger agrees to discontinue discharges if the sewer lines receiving the discharge are
found at any time to contain an atmosphere equal to ten percent (10%) of the lower
explosive limit ("LEL") and/or exhibit a petroleum -like nuisance odor. Discharger will be
permitted to resume discharge if sampling and investigation show that Discharger's treated
groundwater discharge is not the source of nuisance odors and/or sewer LEL levels are
equal to or greater than ten percent (10%). Discharger also agrees to discontinue discharges
which violate the discharge requirements established by this Permit and may recommence
discharge only when compliance is assured.
5. If Discharger is required to install and operate a pretreatment facility in accordance with
Section 2 of this Permit to remediate groundwater contamination, Discharger 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.
Sample collection, analysis, 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) and (p) (1) (2) (3) (4) except total petroleum hydrocarbons which is listed in
Standard Methods for the Examination of Water and Wastewater, 24th edition. City must
receive analysis results within thirty (30) days from sampling date.
Discharger agrees that although a minimum sampling frequency is stated herein,
continuous and consistent compliance is Discharger's responsibility and Discharger will
act accordingly to ensure continuous and consistent compliance.
6. Discharger agrees, before discharging groundwater, to procure 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:
City of Fort Worth Sewer Discharge Permit Page 3 of 7
For Groundwater Remediation
GPIF CD II LLC
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 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 the policy shall include a waiver
of subrogation in favor of the City.
g) A thirty (30) day notice of cancellation shall be provided to the City.
h) The maximum deductible shall be $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 a discharge being permitted.
7. Discharger agrees to provide the City with access to the monitored site so that the City may
monitor and sample at the City's discretion.
8. Discharger 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's billing rates for the volume
of wastewater discharged. (FY2025 — $4.19/100 cubic feet)
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:
City of Fort Worth Sewer Discharge Permit Page 4 of 7
For Groundwater Remediation
GPIF CD II LLC
Citv of Fort Worth
Mr. Robert Robbins, REM
Environmental Program Manager
Pretreatment Services Division
Fort Worth Water Department
920 Fournier Street
Fort Worth, Texas 76102
GPIF CD II LLC
GPIF CD II LLC
c/o Crescent Real Estate LLC
3230 Camp Bowie Blvd.
Suite 500
Fort Worth, TX 76107
Attn: Legal Department
III. INDEMNIFICATION
DISCHARGER 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 DISCHARGER, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES OR SUBCONTRACTORS IN THE PERFORMANCE OF
DISCHARGER'S DUTIES PURSUANT TO THIS PERMIT AND IN THE DISCHARGE
OF GROUNDWATER FROM BENEATH DISCHARGER'S FACILITIES INTO THE
CITY'S SANITARY SEWER SYSTEM AND PUBLICLY OWNED TREATMENT
WORKS, AND DISCHARGER 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 DISCHARGER'S DUTIES UNDER THIS PERMIT OR AS A
RESULT OF ANY NEGLIGENT ACT OF OMISSION OR COMMISSION ON THE PART
OF DISCHARGER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR
SUBCONTRACTORS IN THE PERFORMANCE OF DISCHARGERS DUTIES AND
RESPONSIBILITIES PURSUANT TO THIS PERMIT.
IV. AMENDMENT AND TERMINATION OF PERMIT
This Permit may be amended in writing by mutual agreement of the parties hereto.
This Permit shall terminate two years after the execution date. 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, Discharger, 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 Discharger's
ground water 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
City of Fort Worth Sewer Discharge Permit Page 5 of 7
For Groundwater Remediation
GPIF CD II LLC
toxicity, including any additional biomonitoring requirements for compliance with City's
NPDES permit. The City will give Discharger notice and a reasonable opportunity to cure
before any termination of the Permit by City, unless otherwise prohibited by applicable law.
V. PERMIT TRANSFER
Discharger 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. Discharger may transfer the Permit to a new owner or operator after
Discharger 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.
Discharger 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
Venue and jurisdiction of any suit, right, or cause of action arising under, or in connection with,
this Permit shall lie exclusively in Tarrant County, Texas.
IN WITNESS WHEREOF, the parties hereto have made and executed this Permit this
day of
CITY:
�_\p ems' ,
By:
Name: Jesica McEachern
Title: Assistant City Manager
Date: 04/14/2025
City of Fort Worth Sewer Discharge Permit
For Groundwater Remediation
GPIF CD II LLC
, 2025 .
GPIF CD II LLC:
a Delaware limited liability company
By:�
Kevin D Crum (Apr 8. 202510:53 CDT)
Name: Kevin Crum
Title: Senior Vice President, Development
Date: 04/08/2025
Page 6 of 7
Witness: 17 u/alffa=
Name: Trey Wallette
Title: Director, Development
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
By:
Christopher Harder (Apr 9, 2025 07:07 CDT)
Name: Christopher Harder, P.E.
Title: Water Department, Director
Approved as to Form and Legality:
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.
By: Robert Robbins (Apr 8, 202510:24 CDT)
Name: Robert Robbins
Title: Environmental Program Manager
Mi K (/ t (/ And / d'l
cpF,° � °, elayOpd
By: M. Kevin Anders, II (Apr 9, 2025 08:46 CDT) Attest:
Name: M. Kevin Anders, II Name: Jannette S. Goodall
ann �xag 4
Title: Assistant City Attorney Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth Sewer Discharge Permit Page 7 of 7
For Groundwater Remediation
GPIF CD II LLC