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Home My WebLink AboutContract 61890-R1FORTWORTH,,, CSC # _61890-R1 June 24, 2025 Department of the Air Force Atm. Bradley Bashore Organization: AFCEC/CZOM 1981 Monahan Way, Bldg 12 Wright -Patterson AFB, OH 45433 RE: First Renewal of the Access Agreement between the City of Fort Worth (Owner) and the Department of the Air Force (Government) for 1349 Bomber Spur Road, Fort Worth, Tarrant County, Texas 76108 (City Secretary Contract No. 61890) Dear Mr. Bashore: This letter shall serve as notice that the City of Fort Worth is accepting your request to exercise the first option to renew the access agreement at 1349 Bomber Spur Road with the Department of the Air Force, effective July 1, 2025 and expiring on June 30, 2026. If the Department of the Air Force is in agreement with the proposed renewal, please have this renewal notice signed by the appropriate party and email back to Nita Shinsky at Nita. Shinskv(a,fortworthtexas.2ov for execution and the assignment of a contract number in the Office of the City Secretary of Fort Worth. A fully executed copy will be returned to you for your files. The signatures below indicate each party's concurrence with these terms. [SIGNATURES ON THE FOLLOWING PAGE] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Fort Worth M-AmericaCRV I I I I®[ PROPERTY MANAGEMENT DEPARTMENT THE CITY OF FORT WORTH * 100 FORT WORTH TRAIL, FL. 10 * FORT WORTH, TEXAS 76102 isms • sass • zon (817) 392-7590 * FAx (817) 392-7591 OWNER: CITY OF FORT WORTH Valerie Washington (Jul 16, 2025 21:56 CDT) Valerie Washington Assistant City Manager APPROVED BY: By. ( U Marilyn Marvin Director, Property Management GOVERNMENT: UNITED STATES OF AMERICA, acting by and through the Secretary of the Air Force Digitally signed by BREYER.KATY.ELIZA BREYER.KATY.ELIZABETH.12907136 BETH.1290713664 64 Date: 2025.07.1411:50:01-05'00' Katy E. Breyer, GS-15, DAF Chief, Environmental Operations Division Air Force Civil Engineer Center CONTRACT COMPLIANCE MANAGER 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. l Name: Stacy Walt s (Jul 16, 2025 13:29 CDT) Stacy Walters, Regulatory/Environmental Admin Stacv. W alters(a� fortworthtexas. Gov APPROVED AS TO FORM AND LEGALITY: Candace Pa_gliara By: Candace Pasliara (Jun 24, 2025 14:48 CDT) Candace Pagliara Sr. Assistant City Attorney o 4 0 FOR U � t�Vdd ATTEST: � " I ° a°°n reza54 nnaooa By: Jannette S. Goodall City Secretary Form 1295: Not Required OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CSC # 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 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 MUT 01I0:ii CITY OF FORT WORTH By: . �l )Ill;/l 1 V DANA BURGH F Assistan City Ma ger c— B RISTOP ER B. MOSLEY Sr. Assistant City Attorney ATTEST: City Secretary Contract Compliance Manager 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. Stacy (Aug 22, 202412:02 CDT) Stacy Walters, Regulatory/Environmental Admin Stacy.Walters@fortworthtexas.gov AFCEC Access Agreement. Form Approved 2023 Air Force Plant 4; Agreement No. FTWORTH-1 Exhibit A Property Depiction 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 Symbol Key FTOO9P, Release Areel1, Proposed Surface Soil Sampling Locations Fire Department 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 A•.e (Terrance Alluvium) i tt 609 F � Groundwater Flow Direction 0 AFFF Release Area r ®Updated Air Force Plant 4 Installation Boundary Leased Parcels i t .4 wr i h Allb e tom. a Mir' e n Notes: AFFF - Aqueous Film Forming Foam Source: Esri World Imagery Map 0 100 2I0I0 All. Feet Ml�IN INOW2120 ■emir CONTRACT: e W912QR21 D0041 T DATE: 6/24/2024 (ANALYST: MWHELAN } � ;a # 7tANAQ1ECM SS019P, Buildings 210-212 AFFF Release Area 3 •' Air Force Plant 4 Fort Worth, Texas Symbol Key 1\� O Proposed Surface Soil Sampling Locations Proposed Surface Water and Sediment O Sample Location \ _D Proposed Monitoring Well (30 feet bgs) (Terrace Alluvium) 'if ®Proposed Monitoring Well (100 feet bgs) (Paluxy Formation) Existing Monitoring Well i If (Terrance Alluvium) SI Temporary Monitoring Well Surface Water Groundwater Flow Direction (Dec, 2017) m Q AFFF Release Area � Updated Air Force Plant 4Installation ' ® Boundary Leased Parcels 0 SS019P, Release Area Buildin s 210-212 1 1 1 0 10 Notes: AFFF -Aqueous Film Forming Foam ii SI -Site Inspection bgs - below ground surface a_ 0 ,t F I Source: Esri World Imagery Map 0 100 200 300 400 500 cwi . )t -. �•,,,)"� - i _ ' i Feet iS :- a e I..: CONTRACT: W912QR21 D0041 Z s12412024 IANALVSTWAN : MHEL h ;::¢ o u 0TAMQF_cm