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Home My WebLink AboutConstruction Access and Installation Agreement - Parsons Environment� City �f South Bend � Public Works Memorandum To: BPW From: Andrea Alexander, Wastewater Utility Subject: Date: Parsons Environment and Infrastructure September 17, 2024 Parsons continues to develop biofilter technology to treat methane emissions from abandoned gas well sites as well as closed landfills. They constructed a methane biofilter at Fredrickson Park in May 2024. This biofilter is proving to be successful. Parsons would like to install a similar methane biofilter at the closed biosolids landfill at Organic Resources (OR), again at no cost to the City. An Agreement with Parsons was developed like that used at Fredrickson Park. A letter describing the biofilter project at OR was shared with IDEM. At this time comments have not been received.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: 311@southbendin.gov Website: Southbendin.gov -1- CONSTRUCTION ACCESS AND INSTALLATION AGREEMENT THIS CONSTRUCTION ACCESS AND INSTALLATION AGREEMENT (“Agreement”) is entered into as of the 24th day of September 2024, by the City of South Bend, Indiana, acting through its Board of Public Works (collectively, the “City”) and Parsons Environment & Infrastructure Group Inc.(“Parsons”). WHEREAS, the City owns and manages 94 acres of land at 4340 Trade Drive, South Bend, IN 46628, more commonly known as Organic Resource Facility (“OR”); WHEREAS, OR is subject to a Closure / Post Closure 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 OR 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 OR 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 OR 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 OR shall be consistentwith Exhibit A, attached hereto. Nothing in this Agreement shall permit Parsons to piercethe clay landfill cap or otherwise disturb or dig in any area of OR without the expressconsent 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. 2. Parsons, at its sole expense, shall construct, install, and maintain the methane biofiltrationsystem. 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. -2- 3.The term of this Agreement shall be year to year and shall automatically renew unless theeither 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 andequipment from OR. Any such dismantling of the methane biofiltration system mustabide by all rules imposed on the land by the Indiana Department of EnvironmentalManagement. 4.Parsons agrees to make its representatives available in person for a public meeting toanswer questions from concerned citizens, community groups and other key Citystakeholders. This City shall provide Parsons a minimum of four (4) weeks’ notice priorto 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 orexpenses, including attorneys’ fees, which City may suffer or incur as a result of anythird 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 proceedingsat 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 limitationshall 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 asto 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 authorizedto 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. (Remainder of page intentionally left blank) -3- Date: _________________________ Date: _________________________ PARSONS ENVIRONMENT & CITY OF SOUTH BEND INFRASTRUCTURE GROUP BOARD OF PUBLIC WORKS ______________________________ ______________________________ Its____________________________ Elizabeth A. Maradik, President ______________________________ Murray Miller, Member ______________________________ Gary Gilot, Member ______________________________ Breana Micou, Member ______________________________ Joseph Molnar, Member Member Attest: ______________________________ Theresa Heffner, Clerk Board of Public Works September 24, 2024 -4- EXHIBIT A -5- EXHIBIT B Guidance from IDEM Technical Staff for Installation The Office of Land Quality 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.gov]). 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.” August 26, 2024 Via Email to: geologydata@idem.in.gov Ms. Brenda Stephanoff Solid Waste Section Chief Indiana Department of Environmental Management 100 North Senate Avenue Indianapolis, IN 46204 RE: Organic Resources Center Closed Biosolids Landfill – South Bend, Indiana Ms. Stephanoff, The City of South Bend, Indiana in conjunction with Parsons is planning to construct a methane biofilter at the former landfill in South Bend known as Organic Resources Center Closed Biosolids Landfill (ORC). The purpose of the activity is to demonstrate this emerging technology at pilot scale. This technology utilizes microbial degradation of methane gas to reduce greenhouse gas emissions. Parsons has proven the technology’s efficacy in a laboratory setting, at the Fredrickson Park Landfill in South Bend, and at oil and gas wells in Alberta Canada. Parsons wishes to construct another methane biofilter pilot test at a landfill setting under a Midwest state climate. Parsons will construct the biofilter such that a portion of the landfill gases vented by powered vent LGV- 1 is piped to the biofilter 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 are three figures that provide additional details on the location and general specifications of the biofilter. We have worked with Parsons to ensure that the protective elements currently in place at the landfill continue to protect human health and the environment. Parsons has demonstrated that the biofilter design, construction and operation will not impact the protective elements currently in place at the ORC Closed Biosolids Landfill. First, the clay cap in place over the extent of the landfill will not be impacted as the biofilter will be constructed on top of or just outside of the cap and will not be penetrated. Secondly, the efficacy of the solar powered vent LGV-1 will not be impacted and will continue to operate as designed. Parsons will utilize a solar powered pump to pull gas from the LGV-1 gas vent exhaust into the biofilter. This avoids the potential for reducing flow at LGV-1 which could occur if the LGV-1 gas vent GP-13 Figure 2 - Proposed Biofilter General Design Land Surface Air from solar pump Perforated in biofilter Red circles - Soil gas probes Gas from vent supplied by solar pumpTopsoil Insulation Solar Pump To open biofilter Solar Air Pump Enclosure Solar Pump To open biofilter To closed biofilter CH4 No.ST. JOSEPH COUNTY AND CITY OF SOUTH BEND, INDIANAFebruary 6, 2024THIS REGISTRATION EXPIRES:January 24, 2025Randy James, Building Commissioner7627-251422 S. TRYON STSUITE 800CHARLOTTE, NC 28203(704)558-4067REGISTRATIONIndustrial Piping ContractorTHIS REGISTRATION IS NOT TRANSFERABLE$125.00WHEREAS,PARSONS ENVIRONMENT & INFRASTRUCTURE GROUP INChaving this daypaid to the Building Department the sum of One Hundred Twenty Five Dollars and Zero Cents ishereby REGISTERED to operate in the unincorporated areas of ST. JOSEPH COUNTY and theCITY OF SOUTH BEND, as a2/6/2024 1:42:30 PMLicense $125.00Credit Card $125.00kwidawsk 69931 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date September 17, 2024 Name Andrea Alexander Department Wastewater BPW Date September 24, 2024 Phone Extension 5813 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for 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 Required Information Company or Vendor Name Parsons Environment & Infrastructure Group New Vendor Yes If Yes, Approved by Purchasing X No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Perform pilot study at Organic Resources closed biosolids landfill to continue developing methane biofilter technology. This technology reduces greenhouse gas emissions by treating methane gas from the landfill. This project is at no cost to the City of South Bend. ________________________________________________________________________________________________________________________________________________________________________________ For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase %