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Home My WebLink AboutConstruction Access & Installation Agreement – Parsons Environment & Infrastructure Group Inc.city of South Bend - Public Works O•11III .14M"M 0-0310000roffib Ink From: Andrea Alexander, Wastewater Utility Subject: Parsons Environment and Infrastructure Date: March 19, 2024 Parsons is developing biofilter technology to remedy nuisance methane emissions from abandoned gas well sites as well as closed landfills. They had reached out to Indiana Department of Environmental Management (IDEM) in search of "antique" landfills to develop this technology in Midwest conditions. IDEM contacted the City to see if there was interest in taking part in a pilot project at no cost to the City at the closed landfill located at Fredrickson Park. This technology reduces methane emissions that are a greenhouse gas. This project opens piggy -back opportunities for the Office of Sustainability and possibly the Boy Scouts. An Agreement with Parsons was developed due to the regulations that must be adhered to with the closed landfill. Excellence Accountability Innovation Inclusion Empowerment visit County -City Building 227 W Jefferson Blvd, Suite 1300 N South Bend, IN 46601 Phone 311 inside City limits (574) 233-0311 outside City limits Email: 3110southbendin.Qov Website: Southbendin.Qov CONSTRUCTION ACCESS AND INSTALLATION AGREEMENT THIS CONSTRUCTION ACCESS AND INSTALLATION AGREEMENT ("Agreement") is entered into as of the 20th day of February, 2024, by the City of South Bend, Indiana, acting through its Board of Public Works and on behalf of the Board of Parks Commissioners (collectively, the "City") and Parsons Environment & Infrastructure Group Inc. ("Parsons"). WHEREAS, the City owns and manages 14 acres of park land at 1300 South Bend Avenue, South Bend, IN 46617, more commonly known as Fredrickson Park ("Fredrickson Park"); WHEREAS, Fredrickson Park is subject to an environmental remediation plan managed collaboratively between the City and Indiana Department of Environmental Management ("IDEM"); WHEREAS, Parsons is a leading and innovative environmental service company seeking solutions for cleaner communities; WHEREAS, Parsons desires to install a methane biofiltration system at Fredrickson Park which will serve as a pilot program with the intent to capture a portion of the landfill gases and ultimately convert those gases to water and carbon dioxide; WHEREAS, Parsons has successfully tested the technology it intends to install at Fredrickson Park with success both in its laboratory and oil and gas wells throughout Canada; WHEREAS, both the City and Parsons believe this pilot program aligns with the City's long term sustainability goals. NOW, THEREFORE, for and in consideration of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: 1. City agrees to allow Parsons access to Fredrickson Park for the limited purpose of installing a methane biofiltration system. Parsons shall install in a manner that does not disturb the clay landfill cap. The location of the methane biofiltration system on Fredrickson Park shall be consistent with Exhibit A, attached hereto. Nothing in this Agreement shall permit Parsons to pierce the clay landfill cap or otherwise disturb or dig in any area of Fredrickson Park without the express consent of the City and Indiana Department of Environmental Management. Further, Parsons agrees to comply with the technical guidance provided by IDEM as set forth in Exhibit B throughout the construction, installation and implementation period. -1- 2. Parsons, at its sole expense, shall construct, install, and maintain the methane biofiltration system. Further, Parsons shall provide the City with all data points related to the operation of the methane biofiltration system as well as any other data reasonably requested by the City. 3. The term of this Agreement shall be year to year and shall automatically renew unless the either party provides written notice of its intention to terminate the relationship. Upon termination of this Agreement, Parsons, at its sole expense, shall be responsible for the safe dismantling of the methane biofiltration system and remove all related materials and equipment from Fredrickson Park. Any such dismantling of the methane biofiltration system must abide by all rules imposed on the land by the Indiana Department of Environmental Management. 4. Parsons agrees to make its representatives available in person for a public meeting to answer questions from concerned citizens, community groups and other key City stakeholders. This City shall provide Parsons a minimum of four (4) weeks' notice prior to the scheduling of such public meeting. 5. Parsons agrees and undertakes to indemnify and hold the City, and its respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which City may suffer or incur as a result of any third party claims or actions. Parsons' duty to indemnify the City is limited to the extent that the claims or actions are caused by Parsons actions under this Agreement. If any action is brought against City or its respective agents, employees, successors, or assigns, in connection with this Agreement, Parsons agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 6. This Agreement may not be assigned by Parsons without the express written consent of City which such consent may be withheld for any reason. Any violation of this limitation shall terminate this Agreement and forfeit Parsons's rights under this Agreement. 7. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. 8. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 9. The person signing on behalf of Parsons represents that he/she has been duly authorized to execute this Agreement on behalf of Parsons. IN WITNESS WHEREOF, City and Parsons, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. -2- (Remainder of page intentionally left blank) Date: CITY OF SOUTH BEND, INDIANA 2/20/2024 BOARD OF PUBLIC WORKS PARSONS ENVIRONMENT & Elizabeth A. Maradik, President INFRASTRUCTURE GROUP Gary A. Gilot, Member Josef h Culey, Seni r ice President Murray L. Miller, Member -3- Joseph R. Molnar, Vice President Breana N. Micou, Member Attest: Laura D. Hensley, Acting Clerk Date: March 26, 2024 EXHIBIT A 51 EXHIBIT B Guidance from IDEM Technical Staff for Installation The Indiana Brownfields Program and IDEM Technical staff have reviewed the proposed construction of the biofilter and associated piping for a methane treatment pilot project, as submitted September 25, 2023 (VFC #83536075 [ecm.idem.in.govl). The following is recommended during and after installation of the methane treatment biofilter: (1) The proposed design indicates that the landfill cover will not be disturbed, because the biofilter will be constructed on top of the cover. IDEM reiterates that the landfill's two feet of clay cap AND six inches of topsoil should not be excavated or disturbed during installation of the biofilter. All topsoil referenced in project documents needs to be moved on to the landfill without the use of large trucks traversing the cap, due to the potential for cap damage from oversized vehicles. (2) The biofilter design proposes to divert a slipstream of gas to the biofilter, while leaving the existing gas collection lines and gas extraction system intact and active, as originally designed. The biofilter design includes a return line for treated gas to the blower/flare system after passing through the biofilter. IDEM notes that construction of the return line is crucial to prevent a build-up of methane gas. (3) The biofilter needs to be maintained and in good condition during the lifetime of its use. IDEM requires repair of the cover and equipment if disturbed/damaged during the biofilter installation and operation and return of the facility back to the pre-biofilter condition upon completion of the project. (4) Applicable requirements of 329IAC 10-23-3 need to be followed. " -5- Legend Biofilter Footprint, Sloped to Land Surface Biofilter Footprint, Flat Top Gas In to Biofilter Gas Out of Biofilter ■...■ ■ ■Flare and Blower Construction Enclosure � Footprint/Fencing Material Staging and O Sensor Ports Mixing Area moo, Path for Material Delivery X" Preexisting and Biofilter Access / Buried Lines �- I Preexisting Buried Lines ti N 0 25 50 75 100ft 0 e Boy Scouts Parking v ¢ v Lasalle Council, vvvvv Boy Scouts of America #165 v o ova 4449'i ooa�r . p 9 - 4 �744 4 4 � Q Methane Biofilter / Location Remove Corner r �> Post of Enclosure f ■ x, Remove Dead 1 1 Arborvitae Ike., Path for Material ` Delivery/Access I.1 FREDRICKSON PARK METHANE _ ;--------- BIOFILTER OVERVIEW MAP Material Staging Preliminary Draft - Subject to Change 1 and Mixing Area �+ , PROJECT DRAWN BY L PARSONS' FREDRICKSON PARK J. STOCK _ — SOUTH BEND, INDIANA APPROVED BY 14291 Park Meadow Drive, Suite 100 _ Chantilly, VA 20151 DATE FEBRUARY 15, 2024 1 Biofilter Dimensions and Notes 35 ft k_4 7 ft 25 ft 3 ft Lr) O N 1 A-----------------Biofilter Cross Section----------------- A, Gas Out Return Piping to Land Surface Sloped ---- - Biofilter Gas Flow ,; Medium Ln Through ni Medium ------------ Clay Soil Gas In Distribution Piping N U 3 C m J 0 m Q 0 M Cross z' I A I Section A -A' Flat Top X Torts Gas -In Subsurface Gas -Out Subsurface Piping from blower Piping from Biofilter to to biofilter blower Methane Biofilter Dimensions and Features • Flat top (white dashed line, 20 X 25 X 2.5ft) • Sloped to land surface (yellow, total footprint of 30 X 28.5 X 2.5 ft) • 3 small flush mount valve boxes visible at surface • One stream of gas from after the blower and before the flare piped below grade to biofilter • Gas exiting biofilter piped back to the blower enclosure • Total gas flow at existing blower will not be significantly influenced • Estimated construction time is 1 to 2 weeks • Blower enclosure fencing may need to be removed during construction but will be restored to pre-existing conditions. 2/6/2024 1:42:30 PM License $125.00 Credit Card $125.00 kwidawsk 69931 No. 7627-25 REGISTRATION $125.00 ST. JOSEPH COUNTY AND CITY OF SOUTH BEND, INDIANA February 6, 2024 WHEREAS, PARSONS ENVIRONMENT & INFRASTRUCTURE GROUP INC having this day paid to the Building Department the sum of One Hundred Twenty Five Dollars and Zero Cents is hereby REGISTERED to operate in the unincorporated areas of ST. JOSEPH COUNTY and the CITY OF SOUTH BEND, as a Industrial Piping Contractor THIS REGISTRATION EXPIRES: January 24, 2025 Randy James 1422 S. TRYON ST SUITE 800 CHARLOTTE, NC 28203 (704)558-4067 THIS REGISTRATION IS NOT TRANSFERABLE , Building Commissioner CITY OF SOUTH BEND JAMES MUELLER, MAYOR DEPARTMENT OF PUBLIC WORKS ERIC HORVATH, DIRECTOR September 25, 2023 Ms. Andrea Robertson Brownfields Senior Project Manager OLQ Remediation Service IGCN 1275 100 North Senate Avenue Indianapolis, IN 46204 RE: Fredrickson Park —South Bend, Indiana Ms. Robertson, The City of South Bend, Indiana in conjunction with Parsons is planning to construct a methane biofilter at the former landfill also known as Fredrickson Park. The purpose of the activity is to conduct a field pilot study of this emerging technology. This technology utilizes microbial degradation of methane gas to reduce greenhouse gas emissions. Parsons has proven the technology's efficacy in both a laboratory setting (including samples from Fredrickson Park) and has field piloted the technology at orphan oil and gas wells in Canada. Parsons wishes to construct their methane biofilter to conduct pilot scale testing of the technology in a landfill setting and a Midwest state climate. Parsons will construct the biofilter such that a portion of the landfill gases collected by the existing gas extraction system will be piped to the biofilter which is constructed on top of the clay cap. The design distributes the gas through the filter media where methanotrophs metabolize the methane converting it to water and carbon dioxide. Attached to this letter you will find a figure that provides additional details on the size, location, and general specifications of the biofilter and construction considerations. We have worked with Parsons to ensure that the protective elements currently in place at the landfill continue to protect the citizens and environment of South Bend. Parsons has demonstrated that the biofilter design, construction and operation will not impact the protective elements currently in place at Fredrickson Park. The clay cap in place over the extent of the landfill will not be impacted as the biofilter will be constructed on top of the cap and will not be penetrated during construction nor operation. Secondly, the gas extraction system will continue to operate as designed. A slip stream of gas (adjustable percentage) will be diverted to the biofilter from a location in the system after the blower and before the flare/exhaust stack. This project aligns with The City of South Bend's sustainability goals, and we are excited to facilitate the evaluation of this technology. Please feel free to reach out to us with any questions or concerns you may have regarding this project. Sincerely, &C Q4C", Andrea Alexander Director of Environmental Compliance City of South Bend — Wastewater Utility Cc: Mr. Jason Price - Parsons Attachment: Fredrickson Park Methane Biofilter Overview Map From: ROBERTSON,ANDREA To: Andrea Alexander Subject: RE: Fred Park - Methane Treatment Pilot Project Date: Thursday, January 18, 2024 9:36:28 AM Great, thanks for the response. Andrea From: Andrea Alexander <aalexand@south bendin.gov> Sent: Thursday, January 18, 2024 9:27 AM To: ROBERTSON, ANDREA <AROBERTS@ifa.IN.gov> Cc: VEDDER, KIM <KVEDDER@idem.IN.gov>; Kim Thompson <kthompso@south bend in.gov> Subject: RE: Fred Park - Methane Treatment Pilot Project **** This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. **** Andrea, IDEM's emailed comments will suffice. The email will be included in the agreement as an Exhibit. Thank you for your attention to this matter. Andrea Alexander City of South Bend 574-235-5813 From: ROBERTSON, ANDREA <AROBERTS(@ifa.IN.gov> Sent: Friday, January 12, 2024 1:41 PM To: Andrea Alexander <aalexand(@southbend in.gov> Cc: VEDDER, KIM <KVEDDERCo)idem.IN.gov> Subject: Fred Park - Methane Treatment Pilot Project Andrea, The Indiana Brownfields Program and IDEM Technical staff have reviewed the proposed construction of the biofilter and associated piping for a methane treatment pilot project, as submitted September 25, 2023 (VFC #83536075). The following is recommended during and after installation of the methane treatment biofilter: 1. The proposed design indicates that the landfill cover will not be disturbed, because the biofilter will be constructed on top of the cover. IDEM reiterates that the landfill's two feet of clay cap AND six inches of topsoil should not be excavated or disturbed during installation of the biofilter. All topsoil referenced in project documents needs to be moved on to the landfill without the use of large trucks traversing the cap, due to the potential for cap damage from oversized vehicles. 2. The biofilter design proposes to divert a slipstream of gas to the biofilter, while leaving the existing gas collection lines and gas extraction system intact and active, as originally designed. The biofilter design includes a return line for treated gas to the blower/flare system after passing through the biofilter. IDEM notes that construction of the return line is crucial to prevent a build-up of methane gas. 3. The biofilter needs to be maintained and in good condition during the lifetime of its use. IDEM requires repair of the cover and equipment if disturbed/damaged during the biofilter installation and operation and return of the facility back to the pre-biofilter condition upon completion of the project. 4. Applicable requirements of 329 IAC 10-23-3 need to be followed." Please let me know if this email is sufficient or if you would like a formal letter regarding the above comments. Thanks Andrea "► Andrea Robertson Habeck A� Technical Staff Coordinator 1 INDIANA FINANCE AUTHORITY 100 North Senate Ave., STE 1275 Indianapolis, IN 46204 (p): 317-234-0968 (e): aroberts(2ifa.in.gov IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming e-mails are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission. If verification is required, please request a hard -copy version. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date March 19, 2024 Department Name Andrea Alexander Wastewater BPW Date March 26, 2024 Phone Extension 5813 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney x❑ Attorney Name Dept. Attorney ❑ Attorney Name Michael Schmidt Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement x❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution ❑ Other: ❑ Ease./Encroach Information Company or Vendor Name Parsons Environment & Infrastructure Group x❑ Yes ❑ If Yes, Approved by Purchasing New Vendor ❑ No ❑ MBE/WBE Contractor Completed E-Verify Form Attached ❑ WBE ❑ Nos Project Name Methane Biofilter Pilot Study Project Number N/A Funding Source N/A Account No. N/A Amount N/A Terms of Contract See attached Agreement Purpose/Description _As part of a pilot study, Parsons proposes constructing a methane biofilter at Fredrickson Park Landfill. This technology utilizes microbial degradation to reduce greenhouse gas emissions. This project is at no cost to the City. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change: New Amount Increase % Decrease ( % Increase % Total Percent of Change: Decrease