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Home My WebLink AboutContract 45159-R1 CITY SECRETARY 'R ENED CONTRACT NO, `11 JUN 2 J112016 STATE OF TEXAS ,'I�YOFFORTWORTfI `TYSEGREfAP,ti` 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 FEBRUARY 2016 TO JANUARY 2017 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 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. 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. II. 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. OFRECORD 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 Xylene 0.050 Trichloroethylene(TCE) 0.085 Dichloroeth lene CE 0.066 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 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%. 2 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 monthly samples of the influent (prior to treatment)and the effluent (discharge after treatment) and report all results to the CITY. a. Samples to be used for reporting purposes must, at a minimum, be collected monthly and analyzed for benzene, toluene, ethyl benzene, xylene, total petroleum hydrocarbon, TCE, DCE and any other pollutants identified at quantifiable levels and regulated herein. However, if analysis of the initial samples for benzene, toluene, ethyl benzene, xylene shows concentrations to be below detection limits of 0.01 mg/L (unless dilution or interference would give cause for adjustment of detection limits), analysis for that compound shall not be required more frequently than semi-annually, so long as the semi- annual analysis continues to be below detection limits conducted. 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)(1)(2), (p)(1)(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 $3.24 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. 3 9. Except as a party may otherwise direct by written notice to the other, all correspondence and reports shall be directed as follows: C ()f Fort W firth A1Z 4 Ms. Laly Joseph, REM AFCEC/CZOM-LOCO 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. 4 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. IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement thir — day of ,A.D., 2016. City of ort Wor Attest: By: Ms. Mary Kay Mr. Jay Chapa City Secretary % 0 Assistant City Manager 8 co° a y: 'ebastian "Bu ' Fichera NO M&C ItEQUIRCD °�, _ °°��( Assistant Water Director A proved as to Form and Legali Date: Ms. Chr to Lopez- ynolds Sr. Asst. City Attorney US Air Force, AFCEC/CZR By: - Date: U /VOW J6 MR. IAN C. SMITH, P.E.,REM Title: Chief, Environmental Restoration Division By: :5Date: IS ' OA 6 MR.ALEX I. BRISKIN *NTER DF,o �o��GEIVF� qf,A� Title:Chief,Acquisition Environmental&Industrial Facilities Division y 0 MAY06 OFFICIAL RECOR CITY SECRETARY FT. WORTH, TX 5