HomeMy WebLinkAboutContract 61890CSC # 61890
ACCESS AGREEMENT
ENVIRONMENTAL ACTIVITIES
PREAMBLE
THIS ACCESS AGREEMENT ("Agreement") is made and entered into as of July 1, 2024
("Effective Date"), by and between the City of Fort Worth (the "Owner") and the United States
of America, acting by and through the Secretary of the Air Force or his or her authorized delegate
("Government"). The Owner and Government are sometimes collectively referred to herein
individually as a "Party" or collectively as the "Parties."
RECITALS
A. The Owner owns the property in Fort Worth, Tarrant County, Texas, at four parcels of
property located at 1349 Bomber Spur Road, Fort Worth, Tarrant County, Texas 76108, also
known as Lots 14B and 14C, Block 32, depicted in Exhibit A (the "Property"); and
B. The purpose of this Agreement is for the Owner to grant the Government, its employees,
agents, authorized representatives, and contractors, (each an "Authorized Party") access to the
Owner's Property for the activities and purposes described herein.
C. The Air Force is evaluating the extent per- and polyfluorinated alkyl substances (PFAS)
contaminants in groundwater under Air Force Plant 4 have migrated under adjacent land. To
perform the evaluation, the Air Force needs access to the Property to (i) install, develop and
periodically sample seven (7) monitoring wells; (ii) install, develop and periodically sample up to
five (5) additional monitoring wells if needed to further delineate the lateral extent of
contamination, at locations acceptable to the Owner; (iii) gather groundwater samples from two
(2) existing monitoring wells; (iv) gather surface water, sediment, and/or soil samples; (v) conduct
an underground utility and property survey, prior to installing monitoring wells; and (vi) all
related Government actions. These activities are collectively referred to as "Permitted
Activities."
D. The Permitted Activities are being taken by the Government under its Defense Environmental
Restoration Program ("DERP") pursuant to applicable environmental laws and requirements.
E. The locations of the Permitted Activities within the Property, including the approximate
locations of any equipment or structures, if installed, are depicted in Exhibit B.
AGREEMENTS
NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings set
forth in this Agreement, Owner and the Government agree as follows:
AFCEC Access Agreement. Form Approved 2023
Air Force Plant 4; Agreement No. FTWORTH-1
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1. Agreement Term.
1.1. The term of this Agreement shall be for one (1) year commencing on the Effective Date,
with the option for the Government, at its discretion, to exercise four (4) annual renewal options,
not to exceed a total of five (5) years, unless otherwise agreed by the Parties. Each exercise of a
renewal option shall be in writing and prepared by the Government at least thirty (30) days in
advance of each annual expiration date ("Renewal Notice"). This Renewal Notice may be by
email so long as evidence of receipt is obtained from the Owner, or by mail as provided in Section
11.
1.2. Notwithstanding Section 1. 1, either of the Parties may terminate this Agreement by
providing written notice to the other Party at the address provided in Section 11 ("Termination
Notice") at least six (6) months prior to the termination date stated in the Termination Notice.
2. Access.
2.1. An Authorized Party may enter upon the Property at mutually agreed times to perform the
Permitted Activities. Upon conclusion of any Permitted Activities the Authorized Party will
restore the Property to the Owner's reasonable satisfaction. The Government will provide Owner
at least forty-eight (48) hours prior notice in any manner described in Section 11 of its intention to
enter the Property, unless the Government determines the immediate entry is required for safety,
environmental, operational, or security purposes requiring such immediate entry.
2.2. Ingress and Egress from other Land. The access right given to the Government by this
Agreement includes ingress and egress on other lands of the Owner by an Authorized Party if
such ingress and egress is necessary to access the Property to perform the Permitted Activities.
2.3. Interference/Conveyance/Transfer. The Owner will provide notice to the Government either
verbally or in writing, of any activities of the Owner which may interfere with or preclude
Government access to the Property and/or performance of any of the Permitted Activities. If the
Owner conveys any interest in the Property to a third party, the Owner shall notify the Government
prior to such conveyance in accordance with Section 11 to avoid interruption of the Permitted
Activities.
2.4. Equipment Protection. If needed, the Government may place a protective structure on the
Property to house the equipment that will be installed as part of the Permitted Activities.
3. Costs and Expenses. The Government shall have sole responsibility for all costs and
expenses relating to the Permitted Activities.
4. Sampling Results.
4.1 The Government will send Owner the results of any verified water or soil sampling it
performs on the Property either by email or regular mail to the address provided in Section 11.
4.2. In signing this Agreement, Owner understands that geographical information in the form
of latitude and longitude coordinates of sampling location on this property will be associated with
AFCEC Access Agreement. Form Approved 2023
Air Force Plant 4; Agreement No. FTWORTH-1 2
specific sampling results shared with regulatory agencies supporting the Government's cleanup
efforts and may become publicly available. Agency or company names and addresses associated
with sampling data taken from government -owned or commercial property may be shared with
regulatory agencies and may become publicly available.
5. Property Ownership. All tools, equipment, structures, and property taken or placed upon the
Property by or for the benefit of an Authorized Party shall remain the property of that Authorized
Party, unless an alternative disposition of such tools, equipment, structures and other property is
agreed to by the Parties. Such disposition shall be in compliance with applicable laws.
6. Restoration of Property. Unless otherwise agreed by the Parties as provided in Section 5, the
Government will remove all equipment, systems and structures used or installed on the Property
upon expiration of the Agreement or other termination as provided for in this Agreement and
restore the Property to the reasonable satisfaction of the Owner.
7. Damages. The Government shall be responsible for damages to the Property which may arise
from or be directly attributable or incident to the Permitted Activities other than damages to the
Property caused by the negligence or wrongful act or omission of the Owner's officers, members,
partners, agents, employees, sublessees, licensees, invitees, and contractors who may be on the
Property. When the Government is responsible for damages it may, at its option, either repair
such damage or make an appropriate settlement with the Owner. Nothing contained in this
Agreement is intended to limit or waive the Government's protections or defenses under the
Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. The provisions of this Section 7 shall survive
the expiration or earlier termination of this Agreement.
8. Governing Law. This Agreement shall be governed and construed, and the rights and
obligations of the Government and Owner hereunder shall be determined in accordance with
applicable federal law and, in the case where such federal law does not exist, in accordance with
applicable Texas law. Provided however, that nothing in this Agreement shall be construed to
constitute a waiver of federal supremacy or federal sovereign immunity.
9. Government Obligations. Consistent with the Anti -Deficiency Act, 31 U.S.C. §§ 1517,
1541-1542, any payment of funds by the Government in connection with this Agreement shall be
subject to the availability of appropriated funds and shall not be interpreted as creating an
obligation or payment of funds in violation of the Anti -Deficiency Act or other applicable law
respecting federal funding, including but not limited to any commitment of future funding or
payment. Additionally, nothing contained in this Agreement may be considered as implying that
Congress would appropriate funds sufficient to meet any funding deficiencies.
10. Amendments. This Agreement may be amended at any time by mutual agreement of the
Parties in writing and signed by a duly authorized representative of each of them.
11. Notices. Unless otherwise agreed in writing by the Owner and the Government, or as
provided in Section 2.3, any notice or request given pursuant to this Agreement may be given
personal delivery or by mailing the same by regular mail or e-mail, addressed as follows:
AFCEC Access Agreement. Form Approved 2023
Air Force Plant 4; Agreement No. FTWORTH-1
If to the Owner: Name: Dana Burghdoff
Address: 200 Texas St.
Email: Dana.Burghdoff@fortworthtexas.gov
Telephone: 817-3 92-1234
If to the Government: Department of the Air Force
Attn: Bradley Bashore
Organization: AFCEC/CZOM
Mailing Address: 1981 Monahan Way, Bldg 12
Wright -Patterson AFB, OH 45433
Physical Address: 1981 Monahan Way, Bldg 12
Wright -Patterson AFB, OH 45433
Email: bradley.bashore.l@us.af.mil
Telephone: 937-938-4779
Or to such other address or addresses as the Owner or the Government may from time to
time designate in writing.
12. Representation of Owner. The signatory who signs this Agreement for the Owner is
authorized to do so on behalf of all individuals or entities that have an ownership interest in the
Property.
13. Execution in Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be an original and all of which shall constitute but one and the same
instrument.
14. Electronic Signatures. This Agreement and any other documents to be delivered herewith
may be electronically signed, and any electronic signatures appearing on this Agreement or such
other documents are the same as handwritten signatures for the purposes of validity,
enforceability, and admissibility.
15. List of Exhibits. Exhibits are attached hereto and made a part of this Agreement:
Exhibit A - Property Depiction
Exhibit B — Depiction of Location of Permitted Activities on Property
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
[SIGNATURES APPEAR ON THE FOLLOWING TWO PAGES.]
AFCEC Access Agreement. Form Approved 2023
Air Force Plant 4; Agreement No. FTWORTH-1 4
Government Signature Page to the foregoing Access Agreement
GOVERNMENT:
UNITED STATES OF AMERICA,
acting by and through the Secretary of the Air Force
Digitally signed by
BREYER.KATY.ELIZA BREYER.KATY.ELIZABETH.1290713
BETH.1290713664 664
Date: 2024.08.1610:24:56-05'00'
By:
KATY E. BREYER, GS-15, DAF
Chief, Environmental Operations Division
Air Force Civil Engineer Center
AFCEC Access Agreement. Form Approved 2023
Air Force Plant 4; Agreement No. FTWORTH-1
Owner's Signature Page to the foregoing Access Agreement
OWNER:
CITY OF FORT WORTH
By: eager
DANA BURGAssistan City
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City Secretary
Contract Compliance Manager
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RISTOP R B. MOSLEY
Sr. Assistant City Attorney
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.
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Stacy Walt�fs (Aug 22, 202412:02 CDT)
Stacy Walters, Regulatory/Environmental Admin
Stacy.Walters@fortworthtexas.gov
OFFICIAL RECORD
AFCEC Access Agreement. Form Approved 2023 CITY SECRETARY
Air Force Plant 4; Agreement No. FTWORTH-1 6 FT. WORTH, TX
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Exhibit A
Property Depiction
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Exhibit B
Depiction of Location of Permitted Activities on Property
/ FT009P, FD Training Area No. 6
AFFF Release Area 1
Air Force Plant 4
Fort Worth, Texas
/ low.
Symbol Key
FTOO9P, Release Areallb 0 Proposed Surface Soil
Sampling Locations
/// kFireDepartment Training Area No. 6
O Proposed Surface Water and
Sediment Sample Location
�h- 1 Proposed Monitoring Well
y� I (Terrace Alluvium)
®Proposed Monitoring Well
(Paluxy Formation)
T Existing Monitoring Well
Building �'�•.e (Terrance Alluvium)
i t t 609 F-
♦Groundwater Flow Direction
QAFFF Release Area
r ®Updated Air Force Plant 4
Installation Boundary
Leased Parcels
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Notes:
AFFF -Aqueous Film Forming Foam
Source: Esri World Imagery Map
0 100 200
Feet
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DATE: 6/24/2024 (ANALYST: MWHELAN
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AFFF
AFFF Release Arearea 3
Air Force Plant 4
Fort Worth, Texas
�! �, Symbol Key
Y Proposed Surface Soil Sampling
Locations
• � �"-" 7104 Proposed Surface Water and Sediment
- r t," •js!1� - ® Sample Location
S� a \ Proposed Monitoring Well (30 feet bgs)
�.
(Terrace Alluvium)
Proposed Monitoring Well (100 feet bgs)
•'�- ® (Paluxy Formation)
Existing Monitoring Well
(Terrance Alluvium)
SI Temporary Monitoring Well
Surface Water
Ii' r' ; Groundwater Flow Direction (Dec, 2017)
O AFFF Release Area
Update•�� } f 'ry , I ' t.a1�c;.� ® Boundary it Force Plant 4 Installation
\
• �� ""� (# Leased Parcels
t SS019P, Release Area�3
Buildin s 210-212
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Notes:
__ _- - AFFF -Aqueous Film Forming Foam
A
� �.._ i SI -Site Inspection
bgs - below ground surface
• , f Source: Esri World Imagery Map
1 0 100 200 300 40I0 50I0
i Feet
iR �•. �., ?` CONTRACT: W912QR21 D0041
E - IDATE:6/24/2024 IANALYST. MWHELAN
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