HomeMy WebLinkAbout060986-A1R1 - General - Contract - Long Creation 1999, LLCCSC No. 60986-A1R1
FIRST AMENDMENT AND FIRST RENEWAL OF
FORT WORTH CITY SECRETARY CONTRACT NUMBER 60986
A CITY OF FORT WORTH WASTEWATER DISCHARGE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND
LONG CREATION 1999, LLC
This First Amendment and First Renewal of Fort Worth City Secretary Contract
Number 60986 ("First Amendment") is made and entered into by and between the City of
Fort Worth ("City"), a Texas home-rule municipality, and Long Creation 1999, LLC
("Discharger"), a Delaware registered corporation, acting by and through its duly authorized
representative.
WHEREAS, on February 21, 2024, City and Discharger entered into that certain
wastewater discharge agreement known as Fort Worth City Secretary Contract Number 60986
(the "Agreement"); and
WHEREAS, on April 23, 2024, the City enacted Ordinance 26888-04-2024, which
prohibited the discharge of six PFAS analytes to Village Creek above 25 nanograms per liter;
and
WHEREAS, on November 19, 2024, the City enacted Ordinance 27308-11-2024,
which renamed Village Creek as the Village Creek Water Reclamation Facility; and
WHEREAS, City and Discharger desire to amend the Agreement to clarify
Discharger's responsibility for testing under this Agreement including PFAS testing,
amend the types of reports to be provided to the City, and update the Agreement to remove
requirements the Discharger has already complied with; and
WHEREAS, City and Discharger also desire to amend the Agreement to revise the
term of the Agreement and include unlimited annual renewals.
NOW, THEREFORE, it is agreed by the City and Discharger as follows:
I.
AMENDMENTS
Article II, Section 3 of the Agreement is hereby repealed and replaced to be and read
as set forth below:
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 record pH and estimate flow with sufficient written documentation to be
provided to the City monthly;
First Amendment to Fort Worth City Secretary Contract No. 60986
1999 Long Creation, LLC
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX page 1 of 4
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. For the avoidance of doubt, this
includes, but is not limited to, Fort Worth City Code section 12.5-610;
d) To maintain and operate the automated pretreatment system on site.
II.
Article II, Section 4 of the Agreement is hereby repealed and replaced to be and set
forth as follows:
4. Other Contaminants and PFAS. COMPANY agrees that CITY may establish, and
add to this Agreement, limits for other parameters based on contaminants present in the
wastewater. If any other parameters are expected or if contaminants are unknown,
COMPANY shall perform testing in accordance with EPA Methods 624/625 and 608, and
the CITY shall establish discharge limits for those parameters present. FOR THE
AVOIDANCE OF DOUBT, EPA METHOD 1633 SHALL BE USED TO TEST PFAS.
DISCHARGED WASTEWATER SHALL NOT CONTAIN OUANTITIES OF PFAS
ABOVE THOSE IDENTIFIED IN FORT WORTH CITY CODE SECTION 12.5-
6108)(21).
III.
Article IV, Section 2 of the Agreement is hereby repealed and replaced to be and read
as set forth below:
2. This initial term of this Agreement shall begin on the effective date of this
Agreement and expire two years after the effective date. The Agreement may be renewed at
the CITY's sole option for unlimited annual terms.
IV.
RENEWAL
Pursuant to Article II of this First Amendment, City hereby notifies Discharger that it
is exercising its option to renew the Agreement for its first renewal term, which shall begin
on February 22, 2026 and end on February 21, 2027.
V.
ALL OTHER TERMS SHALL REMAIN THE SAME
All other provisions of the Agreement which are not expressly amended herein shall
remain in full force and effect.
VI.
ELECTRONIC SIGNATURE
First Amendment to Fort Worth City Secretary Contract No. 60986 Page 2 of 4
1999 Long Creation, LLC
This Amendment may be eXecuted in multiple counterparts, each of which shall be
an original and all of which shall constitute one and the same instrument. A facsimile
copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and
shall have the same effect as anoriginal.
First Amendment to Fort Worth City Secretary Contract No. 60986 Page 3 of 4
1999 Long Creation, LLC
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.
City:
By:
Name:
Title:
Date:
� _�
Jesica McEachern
Assistant City Manager
02/08/2026
Approval Recommended:
Cl��lJto,�l��Y �fa��l��
B�. Christopher Hard�r (Feb 5. 2026 07 51.� 5 CST)
Name: Chris Harder, P.E.
Title: Fort Worth Water Department Director
Approved as to Form and Legality:
M, fCev't,`t� �l,�uiey'si� !!
By. M. Kevin Anders. II (Feb 5, 2026 08:43.37 CST)
Name: M. Kevin Anders, II
Title: Assistant City Attorney
1999 Long Creation, LLC:
-�`
By:
Name: Avraham Azoulay
Title: Manager
Date: 02/04/2026
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 R� 3, 2026 11:55:11 C5T)
Name: Robert Robbins
Title: Environmental Program Manager
City Secretary:
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By. �
Name: Jannette Goodall
Title: City Secretary
Contract Authorization:
M&C: N/A
Form 1295: N/A
�FFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
F�RT��RTHo
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name
1999 Long Creation, LLC.
Subject of the Agreement: Wastewater discharge agreement renewal one between
1999 Long Creation, LLC and the City of Fort Worth Water Department.
M&C Approved by the Council? * Yes ❑ No ❑✓
If �so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑✓ No ❑ CSC 60986
If �so, provide the original contract number and the amendment number.
Is the Contract "PermanenY'? *Yes ❑ No 0
If �unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No ❑✓ If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: 02-22-2026 Expiration Date: 02-21-2027
If different from the appv�oval date. If applicable.
Is a 1295 Form required? * Yes ❑ No ❑✓
*If �so, please ensure it is attached to the approving M&C or attached to the contract.
Proj ect Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes ❑✓ No ❑
Contracts need to be routed for CSO processin� in the followin� order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.
Permanent Contracts
Advanced Funding Agreements
Architect Service
Community Facilities
Completion Agreement
Construction Agreement
Credit Agreement/ Impact Fees
Crossing Agreement
Design Procurement
Development Agreement
Drainage Improvements
Economic Development
Engineering Services
Escrow Agreement
Interlocal Agreements
Lake Worth Sale
Maintenance Agreement/Storm Water
Parks/Improvement
Parks/Other Amenities
Parks/Play Equipment
Project Development
Property/Purchase (Property owned by the City)
Property/Sales (Property owned by the City)
Property/Transfers (Property owned by the City)
Public Art
Sanitary Sewer Main Replacements
Sanitary Sewer Rehabilitations
Settlements (Employees Only)
Streets/Maintenance
Streets/Redevelopment
Streets/Repairs
Streets/Traffic Signals
Structural Demolition (City owned properties)
Utility Relocation
Water Reclamation Facility
Water/Emergency Repair
Water/Interceptor
Water/Main Repairs
Water/Main Replacement
Water/Sanitary Sewer Rehabilitation
Water/Sewer Service
Water/Storage Tank
CSC No. 60986 �
C1TY OF FORT WORTH WASTEWATER UISCHARCE ACREEMENT
This Agreement is made and entered into by and between Long Creation 1999 LLC a
�elaware-registered entity (COMP ANY), 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.
II. COVENANTS
l. 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 suf�icient 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.
CSC No. 60986
4. Water dischargcci will not excced thc foltawing lirrtit�tions:
Parameter
Arsenic
� Cadmium
Churo:rr�ium
Copper
I Lead
� Mercury
Nickel
Silver
� Zinc
� Oil & Grease
i Cyanide
SGT-HEM
MTBE
MEK
BTEX
TT� (EPA 624, b25 and
608 compounds)
pH
Effluent Cnncentration
Limit
{mg/L}
a.2s
0.15
5.0
a.o
2.9
O.UI
2.0
1.0
5.0
200
1.Q
l0A
2.0
I .0
1.0
2.13
S-l2
Limits for oiher parameters wi[I be ac�ded based on the contaminants nresent in the
wastewater.
if anv other narameters are expected or if cantamina�ts are �nknown, EPA
Methods 6241625 and fi08 shall be nerformed a�d dischar�e limits will be
established for those �arameters nresent.
Revrsc�r18.1(1.23 2
CSC No. 60986
5. COMPANY agrees that the Water disch�rge shall not exceed a rate of 30 g}�m (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 req�est if, in the sole opinivn of thc C1TY such requestec� increase may
adversety affect the CITY's treafinent plant or collection system.
6. COMPANY agrees to discontinue discharges if tlle sewer lines receiving the dischar�e
are found at any time to contain an atmosphere equal to 10% of the lower explosive limit
(L�L) and/or exhibit a petroleum-like nuisance odor. COMPANY will be permitted tQ
resume discharge if sampling and investi�ation demonstrate that the Water dischar�ed is
nat the source of nuisance odors acadlor elevated LEL levels.
7. COMPANY shall immediately discontinue discharges upon discovery or suspician that
COMF'ANY'S Water violates the discnarge requirernents established by this Agreement.
COMPANY may recoinmence discharge only when comp�iance is established or it is
determined that t�e elevated discharge limits are not caused by C4MPANY, each as
determined solely by the CITY.
8. COMPANY agrees to procure, prior to commencing with discharge, and maintain during
the life af this agreement, including renewals, site-specific Enviranmental Impairment
Liability {EIL) insurance at a mir�imum limit of $3,OOO,U00 each occurrence. The EIL
insurance shall include but not necessarily be limited to, coverage as follows:
a) Sudden and/or accidental envirorunental impairment, contaminafion or pollution,
and for gradual emissions.
b) C[ean-up costs.
c) Defense easts.
d) Damage incUrred to any party ar to any property while Water is be�ng dischar�ed
and carried by Fort Worth's sewer transportation system to the Viilage Creek
Water Reclamation Facility.
e) Coverage under the EIL policy shall b� 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 af subragatian in favor of the CITY.
�) COMPANY must provide advance thirty (30) day notice of cancellation to the
CITY.
h} Maximum se�f-insured retention of $25,000 per occurrence unless oth�rwise
approved by the CITY.
i) COMPANY sha�l provide Certifcates of Insurance to the C1TY prior to discharge
being permittec�.
9. COMPANY agrees to provide the CITY with access to the monitored site so that the
CITY may monitorlsample at its discretion. Except in the case of emergencies, C1TY
s�all pro�ide reasanable natice to COMPANY of C1TY'S intent to enter and sample the
Revised 8. I0.23 3
CSC No. 60986
Water. CI"rY agrees, insofar as permitted by law, to keep all results of these samples
confidential.
10. COMPANY agrees to pay CI"TY the amount of $5000 prior to the commencement of
discharge pursuant to the Cee schedule adopted by City Ordinance No. l 7075-07-2006, as
amended.
l l.
Except as a party may otherwise direct by written notice to the other, all correspondence
and reports shall be directed as f'ollows:
Cit'v oi' F'ort Worth
Ms. Laly Joseph, REM
Environmental Program Manager
Pretreatment Services
Fort Worth Water Department
920 Foumier Street
Fort Worth, Texas 76 t 02
Email:
InJustry
Name: Avraham Azoulay
Title: Manager
Firm Name: Address: 8 The Creen, Sute 15812
Dover, DE 15812
Email: Aazulay90@gmal.com
[[I. 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
2
This Agreement may be amended in writing by mutual agreement of the parties hereto.
This Agreement shall terminate two years after the ef'fective date. If discharge of
additional Water is required, COMPANY may request an extension of this Agreement.
Revised 8.11. 23 4
CSC No. 60986
The CITY may terminate or suspend this A�;rcement without t�otice at any tirr►e if, in its
sole opinion, the discharge authorized thereunder is adversely affecting the CITY's
treatment plant or Systern. In addition, this Agreemenl may bc terminated by the CITY if
the CITY determines that the Water being discharged will subject the CiTY to fines,
penalties, administrative arders or any enforcement action by state ar %deral agencies, or
require CITY to perform treatment to zemove toxicity, including any additional
bion�onitoring req�irements for compliance with CiTY's NPDES permit,
V. ADDITIONAL TERMS
1. Venue and jur�sdiction of any suit, right, or cause of action arising under, or in
connection w�th, this contract shall lie exclusively in Tarrant County, Texas or the United
States District Court for the Northern District ofTexas, Fort Worth Division.
2. Severability/Non-Waiver of Claims. Any provision or part of the Agreement he�d to be
w�tconstitutional, void ar unenforceable by a court of competent jurisdiction shal� be
deezned stricken, and all remaining p:ovisions shall continue to be �aiid and binding upon
CITY and COMPANY. The farlure of CITY or COMPANY to insist upon the
performance of any term or provision of this Agreement or io exercise ariy right �ranted
herein sha�l not constitute a waiver of CiTY'S ar CONTR.ACTOR'S respective right to
insist upon appropriate pe�£o�a.nce or to assert any such right on any future occasion.
3. No Third-Party Beneficiaries. This Agreernent gives no ri�;hts ar benefits to anyone other
than the CITY and tha COMPANY anci there are no third-party beneficiaries.
4. Assignment, Successors and Assigns. This Agreement may not be assigned by the
COMPANY witl�out the advanced express written consent oi the CITY. COMPANY
binds itself, its partners, successors, assigns and legal representatives to the CITY hereto,
in respect to ali covenants, agreements and obligatians cantained in the Agreement.
Remainder of the page intentionally b�ank.
f7evised �3.10.23
CSC No. 60986
1N WITNESS WHEREOF, this Agreement has been executed by each party's duly appointed
representative to be ef�ective on the date subscribed by the City's Assistant City Manager.
�'� _
j
By: ,/f�! rc ar �rl.o�i��
Name
Title � a ,�1� Lov-
Date: 1 1 `�1 'Lo Z`�
Approved as to Form and Legality:
Douglas Black (�� 41625 CST)
Doug Black
Sr. Assistant City Attorney
City of Fort Worth
���--
By:
Fernando Costa
Assistant City Manager
Date: Feb 21, 2024
Recommended By:
CHrisfonher N�rr�ler
Ch nsco�her H arder (Feb B, 2024 ls 3S CST)
Chris Harder, P.E.
Fort Worth Water Department
Director
�,n�. % ..,�� �
Attest: �,
Janette Goodall
City Secretary
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.
�,� �,.,�i
Laly Jos�i (Feb 8, 202413:51 CST)
Name of Employee
Environmental Program Manager
Title
Rc vised 8.10.23
0