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HomeMy WebLinkAboutContract 45158 (2)STATE OF TEXAS COUNTY OF TARRANT AGREEMENT CITY _,I2[&ti47\iet CONTRACT This agreement is made and entered into by and between the Air Force Life Cycle Management Center, Air Force Materiel Command Wright -Patterson Air Force Base, Ohio, (hereafter AFP 4) as the owner 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 requests approval for the sewer discharge of surface water collected from Meandering Road Creek and groundwater from beneath, AFP 4, Landfill 3, located at AFP 4, Fort Worth, Texas. AFP 4, has performed analysis of the composited surface water and groundwater to identify characteristic pollutants known or reasonably expected to be present in the wastewater. Analytical results are presented in the table in Attachment 1. AFP 4, also proposes to treat said wastewater, if necessary, for such pollutants to the levels described herein prior to discharge into the sanitary sewer. 2. The proposed discharge would enter the sewerage system of CITY. II. COVENANTS 41 1. The CITY agrees to receive wastewater stored in frac tanks located at Landfill 3 on AFP 4, Fort Worth, Texas. 2. AFP 4, agrees to discharge into the public sanitary sewerage system approximately 150,000 gallons of wastewater containing contaminant concentrations as specified in the table in Attachment 1. Effluent discharged from the frac tanks will not exceed the following limitations: All discharges shall be compliant with any ordinance requirement Pollutant Arsenic Cadmium Chromium(total) RECEIVED NOV ?'71ui5 i Ordinance requirement (Daily mg/L) 0..25 0.15 c_wmicinin 12NC012D Ilid5L©rimaV [ TO lMRRTH 91J 3A7 .�..� _ Copper 4.0 Lead 2.9 Mercury 0.01 Nickel 2.0 Silver 1.0 Zinc 5.0 1 Effluent discharged from the frac tanks will not exceed the following limitations: BTEX of 1.0 mg/L. Limits for other parameters will be added based on the contaminants present in the wastewater. All discharges shall be compliant with any 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. If any other parameters are expected or if contaminants are unknown EPA Methods 624/625 and 608 will be performed. limits will be established for those parameters present. 3. AFP 4, agrees that the sewer discharge shall not exceed approximately 150,000 gallons total at a maximum discharge rate of 150 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 request. CITY reserves the right to refuse such request if, in the sole opinion of the CITY such requested increase will adversely affect the CITY's treatment plant or collection system. 4. AFP 4, agrees not to discharge wastewater if the sewer lines receiving the discharge are found at any time to contain an atmosphere equal to 10% of the lower explosive limit and/or exhibit a petroleum -like nuisance odor. AFP 4, will be permitted to resume discharge if sampling and investigation show that AFP 4, frac tank wastewater discharge is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%. AFP 4, also agrees not to discharge wastewater that violates the discharge requirements established by this Agreement and may recommence discharge only when compliance is assured. 5. 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. 6. RESERVED 2 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 for the cost -of -doing business in the following amounts: a) Monitoring Fee: A payment of $500 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. 9. Except as a party may otherwise direct by written notice to the other, all correspondence and reports shall be directed as follows: Citv of Fort Worth Ms. Laly Joseph, REM Pretreatment Services Fort Worth Water Department 920 Fournier Street Fort Worth, Texas 76102 AFP 4 AFLCMC/WNV 1801 Tenth Street Building 8, Suite 2 Wright -Patterson AFB, OH 45433-7626 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. 3 2. This Agreement shall terminate after the discharge of approximatelyl 50,000 gallons of wastewater located in frac tanks on Landfill 3 at the facility. If further discharge of treated water is required after the end of this Agreement, AFP 4, may request renewal of this Agreement. 3. The CITY may terminate this Agreement without notice at any time if, in its sole opinion, the discharge authorized thereunder is adversely affecting the CITY's treatment plant or collection system. In addition, this Agreement may be terminated by the CITY if and when the CITY determines that AFP 4, wastewater 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. 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 WREOF, the parties hereto have made and executed this Agreement this 7/ y da of 51)" tWt v , A.D., 201.. City of Fort Worth Attest: aetiL4)v• City Secreta I Approved as toand Legali PALUdieb VtaIdV Ms. tlltsta Reynolds Title : Asst. City Attorney US Air Force, AFLCMC/WNV By: Thit;3k ALEX BRISKIN By: aitnana6a--- Mr. Fernando Costa Title: Assistant City Manage By• -- Mr. Sebastian Fichera, REM Title: Asst. Dir. Water/Pollution Control Fort Worth Water Department Date: Date: abe Sep Title: Chief, Acquisition Environmental & Industrial Facilities Divisio AFPEO Agile Combat Support 4 . OFFICIAL RECORD CITY SECRETARY FT. WORrH, TX