HomeMy WebLinkAboutContract 54957 CSC No. 54957
STATE OF TEXAS
COUNTY OF TARRANT
AGREEMENT FOR THE DISCHARGE OF PRETREATED GROUNDWATER FROM
THE AIR FORCE PLANT 4, EAST PARKING LOT TO THE PUBLIC SEWER
SYSTEM FOR THE PERIOD OCTOBER 2020 TO OCTOBER 2022
This agreement is made and entered into by and between the Air Force Civil Engineer Center,
Air Force Materiel Command, Joint Base San Antonio-Lackland, Texas, (hereafter AFP 4) as the
Air Force entity with environmental restoration authority of AFP 4, 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
1. AFP 4 currently discharges treated groundwater intermittently from a restoration site
beneath Air Force Plant 4, EAST PARKING LOT, Fort Worth, Texas. AFP 4 performs
analysis of the groundwater to identify characteristic pollutants known or reasonably expected
to be present in the groundwater. AFP 4 also treats said groundwater for such pollutants to
the levels described herein prior to discharge into the sanitary sewer.
2. AFP 4 operates a pretreatment facility for the treatment of groundwater prior to the
discharge into the public sanitary sewerage system on a limited basis. The pretreatment
system consists of:
a. A facility to treat the groundwater to acceptable and safe limits prior to discharge to
the sanitary sewerage system
b. Sample points installed on influent and effluent lines for water quality monitoring; and
c. A flow meter installed to measure total effluent volume in cubic feet.
3. The discharges enter the sewerage system of CITY.
H. COVENANTS
1. The CITY agrees to receive pretreated effluent from a groundwater recovery and pretreatment
system operated by AFP 4 at AIR FORCE PLANT 4, EAST PARKING LOT, Fort Worth,
Texas.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
2. Effluent discharged from the pretreatment system will not exceed the following
limitations and with any ordinance requirement:
Pollutant Ordinance requirement m /L)
Arsenic 0.25
Cadmium 0.15
Chromium(total) 5.0
Copper 4.0
Lead 2.9
Mercury 0.01
Nickel 2.0
Silver 1.0
Zinc 5.0
Total Petroleum Hydrocarbons 10.0
Benzene 0.085
Toluene 0.074
Ethyl-Benzene 0.142
X lene 0.050
Trichloroeth lene TCE) 0.085
Dichloroethylene (DCE) 0.066
erfluorooctanoic acid (PFOA) 0.0003
perfluorooctane sulfonate 0.0006
(PFOS)
All discharges shall be compliant with the Applicable or Relevant and Appropriate
Requirements (ARARs) identified in the Record of Decision dated August 26, 1996 and
then modified on March 9, 1999.
All discharges shall be compliant with any applicable 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.
3. AFP 4 agrees that the sewer discharge shall not exceed a rate of 150 gpm (gallons per
minute); if an increase is desired,AFP 4, will request an increase in writing. The CITY will
endeavor to respond within 30 days from date of receipt of such notification. The CITY reserves
the right to refuse such request if, in the sole opinion of the CITY, and based on its best
engineering judgment, such requested increase will adversely affect the CITY's treatment plant
or collection system. Under no circumstances will AFP 4 increase the rate of flow until the
CITY approves in writing such an increase.
4. AFP 4 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. AFP 4 will be permitted to resume discharge if sampling
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and investigation show that AFP 4 treated groundwater discharge is not the source of nuisance
odors and/or sewer LEL levels equal to or greater than 10%.
5. AFP 4 also agrees to discontinue discharges that violate the discharge requirements
established by this Agreement and may recommence discharge only when compliance is assured.
6. AFP 4 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 whenever discharge
occurs.
a. Samples to be used for reporting purposes must, at a minimum, be collected whenever
discharge occurs and analyzed for benzene, toluene, ethyl benzene, xylene, total
petroleum hydrocarbon, TCE, DCE and any other pollutants identified at quantifiable
levels and regulated herein.
b. Sample collection, analytical 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)(l)(2), (p)(l)(2)(3)(4). CITY must receive analysis results within thirty
(30) days from sampling date.
c. AFP 4, agrees that although a minimum sampling frequency is stated herein that
continuous and consistent compliance is AFP 4's responsibility and AFP 4 will act
accordingly to insure continuous and consistent compliance. CITY agrees insofar as
permitted by law, to keep all these reports and results confidential and will endeavor to
provide AFP 4 with copies of any request from a third party for this information as soon
as practicable.
7. AFP 4 agrees to provide the CITY with access to the monitored site so that the CITY may
monitor/sample at its discretion. CITY agrees, insofar as permitted by law, to keep all results of
these samples confidential. The City agrees to comply with Lockheed/Air Force security
requirements prior to entry onto the site.
8. AFP 4 agrees to compensate the CITY in the following amounts:
a) Monitoring Fee: A payment of$5000 for the cost of administering and
monitoring the discharge during the agreement period.
b) Transportation Fee: A discharge fee based on the CITY billing rates for the
volume of wastewater discharged. Current billing rate is $4.06 per CCF (100
cubic feet=748 gallons)
The Monitoring Fee shall be paid to the CITY prior to the commencement of discharge.
The Transportation Fee shall be paid to the CITY upon receipt of a bill for services.
9. Except as a party may otherwise direct by written notice to the other, all correspondence and
reports shall be directed as follows:
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-City of Fort Worth AFP 4
Ms. Laly Joseph, REM AFCEC/CZOM-GOCO
Pretreatment Services 1981 Monahan Way
Fort Worth Water Department Building 12
920 Fournier Street Wright-Patterson AFB, OH 45433-7205
Fort Worth, Texas 76102 Attn: Mr. John Wolfe
III. LIABILITY
The City shall not be responsible for damage to property or injuries to persons which may arise
from, or be incident to, the negligent activities of the Air Force, its officers, agents or employees,
representatives or contractors in the performance of this agreement. The Air Force's liability
will be subject to defenses available to it under CERCLA Section 107 and limitations on liability
set forth in the Federal Tort Claims Act or other applicable Federal or state law. This agreement
shall be subject to the availability of appropriated funds.
IV. AMENDMENT AND TERMINATION OF AGREEMENT
1. This Agreement may be amended in writing by mutual agreement of the parties hereto.
2. This Agreement shall terminate two years after the execution date. If further discharge of
treated groundwater is required after the end of this Agreement, AFP 4 may request renewal of
this Agreement.
3. The Agreement may be terminated by the CITY if and when the CITY determines that AFP 4
groundwater 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
toxicity, including any additional biomonitoring requirements for compliance with CITY's Texas
Pollutant Discharge Elimination (TPDES) permit.
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V. VENUE
Venue and jurisdiction of any suit, right, or cause of action arising under, or in connection with,
this contract shall lie exclusively in the Federal Court having jurisdiction.
Dec2,2020
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement this
day of Dec 2,2020 A.D.2 2020.
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City of Fort Worth
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.
b OS
Laly G. Joseph, REM
Environmental Program Manager
Title
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Attest: Ronald P.Gonzales,Assistant(Dec 2,2020 13:20 CST) By: Dana Burghdoff 05ec1,202016:40CST)
ap`�FORr�II City Secretary Ms. Dana Burghdoff
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A�o °°�ap�d Title: Assistant City Manager
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°°o o By: Christopher H rder(Nov 24,202015:03 CST)
°°0000000°°°*p Mr. Chris Harder PE
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Title: Water Director
Fort Worth Water Department
Approved as to Form and Legality:
ch'"aliiv R• L0�- Dec 2 2020
Christa R.Lopez-Reynold (Dec 1,2020 :18 CST) Date: '
Ms. Christa Reynolds
Title : Asst. City Attorney
US Air Force, AFCEC/CZR
JOHNSON.KENNY.R.123117774 Digitally signed by
JOHNSONXENNY.R.1231177740 Dec 2 2020
By: 0 Date:2020.11.04 08:49:45-06'00' Date: '
KENNY R. JOHNSON, P.E., GS-15, DAF Ll
Title: Chief, Environmental Restoration Division
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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