HomeMy WebLinkAboutContract 45159 CRY SECRUARY
CONTRACT NO,
STATE F TEXAS,
COUNTY OF TARRANT
AGREEMENT FOR THE DISCHARGE OF PRETREATED GROUNDWATER FROM
THE AIR FORCE PLANT , EAST PARKING LOT TO THE PUBLIC SEW.
SYSTEM FOR THE PERIOD,30,JULY 2013 TO, I AUGUST 2015
This agreement is made and entered into by and between the Air Force Life Cycle Management
`enter, Air Force Materiel Command Wfight-Patterson Air Force Base Ohio, (hereafter AFP 4)
as the A..r Force entity with day-to-day management authority of AFp 4, and the City of Fort
Wort.(CITY). For and in consideration of the covenants and promises contained herein, -the
pasties hereto ,agree as follows
1. RECITALS
1. AFP 4 currently discharges treated groundwater from a. restoration site he neath. Air Force
Plant 41 EAST PARKING LOT, Fort"worth, Texas. A Fp 4 performs analysis of the
groundwater to identify characteristic pollutants known or reasonably expected to be present In
the groundwater. A p 4 also treats said groundwater for such pollutants to the levels
described herein prior to discharge into the sanitary sewer.
2. AFL"" 4 operates a pretreatment fa.cility,for the treatment of groundwater prior to the
discharge into the public s tart' 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
h. Sample points installed on influent and effluent lines for water quality monitoring; and
c. A flow meter installed to total effluent volume in cubic feet..
3. The discharges enter the ,sewerage system of CITY.
11, COVENANTS
I., The CITY agrees to receive pretreated effluent from a groundwater recovery and pretreatment
system operated by AF at AID.FORCE F A T' 4, EAST PARKING LOT,:fort Worth,
Texas,.
OF I'I EFICIAL RECORD,
CITY SECRETARY' '
7 FT Wo
1,; (Jr
E C E WORTH9 TX
2. Effluent d1 charged from the pretreatment system wl*ll not exceed the following
0 0,
fintiftations and wl*th any ordinance requirement.
Pollutant 7— Ordi*nance requi"rement
Arsenic 0*25
Cadmium 01.15
Chromi*um-(total) 510
-Copper 4,0
Lead 219
Mercu!y 0001
Nickel 2,0
Silver 110
zinc 510
Total Petroleum Hydrocarbons 10.01
Benzene 0,085
Toluene 0,0714
Eth, I-Benzen,e 0,142
Xylene 0,050
T rich re in e (TCE) 0.0185'
L ffichloroethylene (DCE) 0.0,66
All
discharges shall be,compliant with the Applicable or Relevant and Appropruts
Requi*r ents (ARARs) 1*dentiffied in the Record of Deci'sion ciated August 26, 1996 and
then mod iffied 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 ( and any state and/or,
federal.,, laws, regulaflons, codes, or requirements.
3. AFP1 4 agrees that the sewer discharge shall not exceed a rate of'l5 , gpm (gallons per
minute); if an increase is desired, AFP 4�, will request,an increase in wrsting. 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 opini"on 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 W1l1 ,AFP 4 increase the rate of flow until the CITY
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approves n wri ing n increase.,such a�
4. AFP 4 agrees to disciontinue discharges 1*f the sewer lines receiving the discharge are found at
i
any time tio,contat'n an atmosphere equal, to 1,0%of the lower-explosive limit(LEL) and/or,
exhibit a petroleum-like nuisance odor AFP 4 will be Permitted to resume, discharge if sampli
1
and investigation show thatAFP 4, treated groundwater d,ischarge 'is, not the source, of nuisance,
odors and/or sewer LEL levels equal to or greater than 10%.
2
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5. APP 4 also agrees to discontinue discharges that violate the discharge requirements
,established by this Agreement and may recommence discharge only when compliance i's assured.
6. AFP 4 agrees to collect and analyze samples of the influent pr.or 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, DACE and any other pollutants identified at quantifiable levels and regulated herein.
However I if analysis of the initial samples for benzene, toluene, ethyl benzene, xylene
shows concentrations to be below detection limits of 0.0 1 mg/L (unless dilution or
interference would give cause for adjustment of detection limits), analysis for that
compound shall not be required more ftequently 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
CFA 403.12(o)q)(2), (p)(1)(2)(3)(4). CITY must receive analysis,results, within thirty (30)
days from sampling date.
c. AF P 4, agrees that although a minimum sampling, frequency 'is stated herein that
continuous,and consistent compliance is Abp" 4s responsibility and AF P 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.
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$5000 for the cost of administering mid
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.
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9. Except as a party may otherwise,direct by written notice to the other, all correspondence and
reports shall be directed as follows:
Ms. Laly Joseph, REM AFLCMC/WN'V
Pretreatment Services 18,01 Tenth Street
Fort Worth Water Department Building 8, Suite 2
920 Fournier Street Wright-Patterson AFB, OH 45433-7626
Fort Worth, Texas 761012 Attn.- Mr. John Wolfe
111, LIABILITY
The City shall not be responsible for damage to property or qJuries to persons which may arise
from, or be incident to, the negligent activities of the Air Florce, '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,.
TV, 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
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enforcer. action by state or federal agencies, or require CITY to perform: treatment to remove
toxicity, including any additional biomonitorin requirements for compliance with CITY's Texas
* 9
Pollutant D*sc,har I I it.
I ge Eli ('TPDES),Perm'
4
lw
VEN"UE,
Venue and J"urisdiction of any suit, right, or cause of action arising under, or in connection w,ith�
I I
this contract shall lie exclusively in the Federal Court having Jurisdiction.
'n-V
IN WITNE 'S' WHEEVIP-1w.0F,the parties hereto have made and executed this Agreement this
day of A.L . 2013.
- oe
City ofyjg:t Worth
oe
By:
Attest:
ty Secrc6, Mr. Fernando Costa
VM
Ass'stant City Manager
Title. I I
By:
i-i REM
Seka s't an Fi�ce ra,
Title: Asst. Dir. Water/Pollution Control
Fort Worth Water Department
Approved as to and
NA A A Date:
Ms.'Chwrie'sia%keynolds
Title : Asst. City Attorney.
US Air.Force, AFLCMC/WNV
Date:
By: "OL
MR. ALEX BFJSKIN
"ritle: Chief, Acquisition Environmental & Industrial Facilities Division,
AFPEO Agile Combat Support
OFFICIAL RECORD
C'ORD
CITY SECRETARY
5 49 TX
FTv WORTH, TX