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Home My WebLink AboutContract 20040t'°:9`��Y ��:��`� ��j�� _-_ .� ��€�� '� �.�.�;��' �� _ _ �c� STATE OF TEXAS COUNTY OF TARRANT AGREEMENT FOR THE DISCHARGE OF PRETREATT�DGROUNDWATER FROM THE CARSWELL MANHOLE #61 TO THE PUBLIC SEWFR SYSTEM This agre�me�t is made and entered into by and between CARSWELL AFB and th� City of Fort Worth {CITY). For and in con�ideration of the covenants and promises contained herein, the parties hereto agree as follows: RECITALS CARSWELL AFB, requests approval for the sewer discha�rge of groundwater from beneath CARSWELL AFB located at SANTTARY SEWER MAliTHOLE #61(Dw�. liTo. 305895� E1), Fort Warth, Texas. CARSWELL AFB proposes performing analysis of the groundwa��r to id�nti�y cha�acteristic pollutants known or reasonably expected to be present in the graundwater. CARSWELL AFB also proposes to �reat said groundwater for such pollutants ta the levels described herein prior to discharge into the sanitary sewer. 2. The proposed dischazg� wouXd e�tez the sewerage system of CZTY. '�{��A! �� Tt S��R�TA�i� �'��l�il�. T�, COVENANTS 1. The CITY agrees to receive pretxeated effluent from a groundwater recovery and pretreatment system operated by CARSWELL AFB at SAIiTITARY SEWER MAI�THOLE �61(Dwg. No. 305�95�E1),Fort Worth, Texas. 2. CARSWELL AFB agrees to install and operate a pretreaiment facility �or the treatment of groundwater prior ta dischaxge into the public sanitary sewer system. The pretrea�nent system shall consisi of: a) a facility to treat the graundwater priar ta discharge to the sewer system, b) sample paints installed an influent and effluent lines for water quality moxaiitoring, c) a flow meter installed, to totalize effluent volume in cubic feet. Efiiuent discharged from the pretreatment system will not exceed the followin� Iimi�ations: total petraleum hydrocarbons of 1.0 mg/l, benzene af 50 ugll, taluene of 50 ugll, eth�l�benzene of 50 ugil, xylene of �0 ugll(BETE7�, O.Od� mgll each of TCE and DCE. All dischar�es shall be compliant with any ordinance requirement vf the CITY and any sfia�e andlor federal: laws, regulations, codes, ar requirements. 3. CARSVVELL AFB agrees tilat the sewer discharge shall not exceed a rate �f Z4a gpm (gallons per minute}; if an increase :is desi�ed CARSWELL AFB will petition the CITY for such increase and may �xpcct, within 30 days, response to said increase request. 4. GARSWELL .AFB agrees to discantinue discharges if the sewer lines receiving. the discharge are found at any time to contain an atmosphere equal ta I.0 % of the lower explosive iimit andlor exhibits a petroleum-Iike nuisance ador. CARSWELL AFB will be permitted to resume discharge if sampling and investigation show that GARSWELL AFB's groundwater discharge is not the source of nuisance odors andlflr sewer LEL levels equal to or gr�ater than 10%. CARSWELL AFB a1So agrees to discontinue discharges if the discharge is in violation o� the limitatians established by thi� Agreement and may recommence disch�rge only when compliance is assurred. 5. CARSWELL AFB agrees to eQllect and analyze sampl�s of the influent { prior to treatment ) and the effluent ( discharge after treatment ) and report all results to the CITY. Sampl�s to he used for reporting purposes must, at a minimum, be collected manthly and analyzed iar benzene, toluene, ethyl benzene, xylene, total petroleum hydracarbon, TCE, DCE, and any other pollutants iden�ified at quantifiable levels and regulat.�d h�rcin. Sample collection, analytical and notificafiion prroceduxes must conform to methods appro�ed by the U.S. Environmental Protection Agency, list�d in 40 CFR 136 and 40 CFR �03.12(0)(1)(2), (p)(�}(2)(3){4}. C�TY must receive ana�ysi� results within thirty (30) days from sampling date. If the results indicate that a t+iolation has occurred, CARSWELL AFB agrees to notify the CTTY wiihin 24 hours of becoming awarc; of the viQlation. GARSWELL AFB agrees that although a minimum sampling frequency is stated he:r�in that continuous and eonsistent compliance is CARSWELL AFB's responsibility and CARSWELL AFB will act accordingly ta insure cantinuaus and cansistent compliance. CITY agrees i�sofar as permitted by law, to keep all these reports and results confiden�ial and will endeavor ta provide CARSWELL AFB with copies of any request frvm a third party for this information. b. CARSWELL AFB agrees to provide the CITY with access to the monitored siie sa that the CITY may moni�orlsample at its discretion. CITY agrees, insofar as permitted by law, to keep all results of these sa.mpl�s canfidential. 7. CARSWELL AFB agrees to compensate the CITY for the eost-of-doing business in the following amounts: a} Monitoring Fee: A payment af $S,ODO for the cost of administering and manitoring the discharg� during the agreement period. b} Transportation Fe�: A di.scl�arg� fee based on th� CITY billing rates for the volume of wastewater discharged. The Monitoring Fee shall be paid to the CITY prior to the commencement of discharge. The Transportation Fec shall b� paid to th� CITY upon receipt af a bill for services. $. All correspondence and reports shall be directed as follows: Cit�v of Fort Worth CARSWELL AFB M�. Ross Muir Air Force �iA�P rnnversion Agency (AFBCA) Industrial Waste Section Operatin� Loca.tian H Fort Warth Water Departrnent Enviranmental Section 920 Fournier Attn: Mr Frank Grey Fort Worth, Texas 761p2 1 Warehouse Road Carswell AFB, TX 76127-5�OQ I�D�MNIFiCA��N To the extent permitted by 1aw, CARS�E�L ��B covenants and ag�ees to, and does hereby indemnify and hold harmless and defend the GiT%, its officers, agents, and employees, from and against any and a11 suits or claims �or damages or injuries, including death, to any and all persons or property, resulting trom any n�giigent act of omission or commission on the part of ��S�EL� AFB, its officers, agents, servants, employees or subcontractors in the per�ormance of this Agreement, and CA�S��L� �� does hereby assume a�l liability and responsibiZity for inj�ries, claims or suits for damages, ta parsons or praperty, of whatsaever kind of character, whether real ar asserted, occu�ring during or arising out of the performance of this Agreement, as a result of any negligent act of omission ar commission on the part of ��SW�LL A�'B, its of�icer, agents, servants, employees or subcontractors in the per£ozmance of this Agreement, provided, however, that C1�RS�ELL A�B�s liability shall be limited tp that established in Artiele 6252�19, T�xas Revised Civi1 Statues, and other applicable state statutes and c�nstitutional pravisions. AMENDMENT AND TERMINATiON OF AGREEMENT 1. This agireement may be amended in writing by mutual agreement of the parties hereto. 2. This agreement shall terminate two years after the ex�cutian date. If further grou�dwater treatment is req�ired after th� end of this agrcement, CARSWELL AFB may request renewal of this agreement. 3. This agreement may be terminated by the CITY if and when CITY determines that CARSWELL AFB wastewater discharge will subject the CTTY to state or federal hazardous waste regulations, ar require CITY to perf4rm treat�nent to remove toxicity, including any additional biomonitaring requirements for compliance with CITY's NPDES permit. VENUE Venue and jurisdictian of any suit, right Qr cause of action arising under or in connection with this contract shaII lie exclusively in Tarrant County, Texa�. IN WITNESS i�V'HEREOF, agreement this�,� Texas. the parties h eto have mad� and executed this day ��, , A.D. 1993, in Fort Worth, Tarrant County, , f CZTY OF FO�'�. WO � r' . y _ Attest: � � _-�.�d�.t.L�1a ; . By: �ity Secrst ; e Groomex Approved as ta Farm. and Legality: f� _��City oz�n�y '� . Title: Assistant City Manager Date ��'ly�� CARSWELL AFB By: / �. �1 Olen R. Long � � Title: Site Manager, Operating Location H Air Force Base Conversiori Agency � �� Caz��:x��c�� .��;�p.�°i�a.�;ion �3ate -