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Home My WebLink AboutContract 28295STATE OF TEXAS ��Y �� a 5 C�NTRACi � . 1 COUNTY OF TARRANT " � � "� AGREEMENT This agreement is made and entered into by and between the AIR FORCE CENTER FOR ENVIRONMENTAL EXCELLENCE (AFCEE) (on behalf of the United States Department af Defense) and the City of Fart Worth (CITY). For and in consideration of the eovenants and promises contained herein, the pazfiies �ereto agree as follows: I. RECITALS 1. AFCEE requests approeal for the sewer discharge of groundwater from beneath, AFCEE's pet�raleum storage tanlc remediatian site (AOC 1),located at Davison Drive a�d Military Parkway, Naval Air Station Fort Worth Joint Reserve Base (NA5 Fort i�Vorth JRB), Fart Worrth, Texas. AFCEE proposes perfortning analysis of tY�e groundwater fo ideniify characteristic pollutants known or reasonably exp�cted to be present in the wastewater. AFCEE, also proposes to treat said wastewater 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. (See II. COVENANTS, Number $c} II. COVENANTS 1. The CITY agrees to receive pretreated effluent from a wastewater recovery and pretreafrnent system (A�C 1) operated by AFCEE, Building 1619 NAS Fort Worth JRB, Fort Worth, Texas 76127. 2. AFCEE, agrees to in,stall and opera�e a pretreatment facility %r the t�eatment of water prior to discharge into the public sanitary sewerage system. The pretreatment system sha11(at a minimurn} consist af: a) A faciiity to treat water to acceptable and safe �imits prior to discharge ta the sanitary sewerage system; b) Sample points installed on influent and effluent lines for water quality monitaring; and -_ - — -- --- �r �. , � � c) A flow meter installed to totaiize effluent volurne in cubic feet. Effluent disc�arged fram the pretreatment system will not exceed the foliowing limitations: All discharges shall be compliant wiih any ordinance requirement Pollutant Arsenic Cadmi�m Chromium {tatal) Copper Lead N�ercu�y l�ickel Silver ZIriG Ordinance requirement (Dail,y m�IL) � 0.1 0.3 �.Q 3.0 2.9 .Q1 �.0 D,1 �.� Effluent discharged fram the pretreatment system will not exceed the followin�. limitatians: total petraleum hydrocarbons of 1.0 mgll, benzene of .050 mg/l, tojuene of .050 mg/l, ethyl� benzene of .054 mgll, xyl.ene of .O�Omgll. .A,ll discharges shall be compliant with any ordinance req�irement oi the CITY or reqUiremeni of the Publicly Qwned Treatment Works {POTV�, and any state andlar federal: laws, re�ul�tions, codes, ar requirements. If anv other Aarameters are exnected ar if cantaminants are unknown EPA Meihods G�4162� and 648 will be perfarmed, limits wi�l be established for those narameters nresent. 3. AFCEE, agrees that the sewer discharge shall no� exceed a rate of S gpm (gallons per minute}; if an increase is desired, AFCEE, will request an increase in wri�ing. The CITY will endeavor to respond within 30 days fram date of' receipt of such request. CITY reserves the right to refuse such requcst if, in the sole apinian of ihe CITY such requested increase will adversely affect the CITY's tr�atment piant or collection system. 4. AFCEE, agrees ta discon#inue discharges if the sewer lines receiving the discharge are found at any time ta contain an atmosphere equal to 10% af the Iower explosive limit and/or exhibit a petroleum-Iike nuisance odar. AFCEE, will be permitted to resume discharge if sampling and investigation show that AFCEE, treated wastewater discharge is not the sowrce ofnuisance odors andlor sewer LEL levels equal to or greater than 10%. AFCEE, also agrees to discontinue discharges that vioiate ihe discharge requirements established by this Agreement and may recammence discharge on.ly when compliance is assured. 5. AFCEE, agrees io collect and analyze samples of the influent {prior to treatment) and the effluent (discharge after treatment) and report all results to the CITY. � III. RE�MBURSEMENT Subject to the availability of fiznds and pursuant to 31 U.S.C. §§ 1341, 1342, 135Q, 1351 and 15I1-1519, AFCEE covenants and agrees to reimburse Yhe CITY, its officers, agents, and ernployees, for damages or iz�juries, includi�.g death, to any and all persans or property, resulting fro�n any negligent act o� omission or commission on the part of AFCEE, its officers, agents, servants, employees or subcontractors in the performance of this Agreement. AFCEE, �urther agrees to reimburse the CITY for damage ta its sanitary s�wer systern that is directly caused by discharges in excess of �hose described in paragraph 2 above. AFCEE, liability will be subjeet to any defenses available under CERCLA Section 107 (b) and limitations of liability set forth in the Federal Tart Claims Act or other applicable Federal Law. NotI�ing in this agreement shall be construed as implying the United States Cangress will at a later date, apprapriate funds suf�icient io meet deficiencies. IV. AMENDMENT AND TERMINATION OF AGREEMENT 1. �This Agreement may be amended in writing by mutual agreernent of the parties hereta. 2. This Agreement shall terminate after two years after the execution date. If fizrther discharge of freated water is required after the end of this Agreement, AFCEE, may request renewal of this Agreement. 3. The CZTY may tern�inate tlus Agreemez�t without nonce at any time if, in its �o�e opindon, the discharge autharizec� hereunder is adversely affecting the CITY's treaiment plant or collection system. In additian, this Agreement may be terminated by the CITY if and when the CITY detertnines that AFCEE, wastewater discharge will subject tha CTTY to fines, pen.al�ies, atiministrative orders nr any enforcement action by state or federal agencies, or require CITY to perforrn treatment ta zemove to�city, inc�uding any addiizonal biomonitoring requirements for compliance with CITY's NPDES perrnit. VENUE Venue and jurisdiction of any suit, ri�ht, ar cause af action arising und�r, or in connectian with, this contract s�all Lie exclusively in Tarrant County, Texas. 4 IN WITNESS WHEREOF, tlae parties hereto l�ave rnade and executed �his Agreement this �� day of � � �. � _. _ _ _ , A.D., 200 � . d CITY OF FORT WORTH Attest: .�� Y�'1� �'_ ��r�..�� Cvni�r�e�t Au�.ho��.x��ion �-_=�=�-�------� — � -_- . - . �� Approved as to Form and Legality: Mr. Gary J. Steinberger Tit1e: As�t. City Attorney By: Mr. Dale A. Fisseler . Title: Water Director Fort Wart Water De rt nt By: �.� Mr. Ma � A. Ot Title: Assistant City ana r ` B�r �� Q � .��. � r. S tian Fichera Title: ManagerlPretreatment Services Fort orth Water Department By: Mr. Robert McMi o Title: Asst. Dir. WaterlPollufion Contral Fort Worth Water Department I�ate: 1��/ �,� AIR FORCE CENTER FOR EN''V�RONMENTAL EXCELLENCE By: �� ?.�-,�.�- Tifile: Suuervisory Con�ractin� Officer CIi�FSrd R. Trimble H�V411PKVBC � By: i��/� er A. Korslund, Colonel, USAF Title: Directar, Environmental Restoration HeadQuarters AFCEE ;.. � , �� 5