HomeMy WebLinkAboutContract 31934 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS
COUNTY OF TA UZANT
AGREEMENT
This agreement is made and entered into by and between AIR FORCE CENTER FOR
ENVIRONMENTAL EXCELLENCE (AFCEE), (on behalf of the United States Department of
Defence) Fort Worth, Texas, 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. AFCEE requests approval for the sewer discharge of groundwater from beneath,
AFCEE's petroleum storage tank remediation site (AOC 1) located at Davison Drive and
Military Parkway, Naval Air Station Fort Worth Joint Reserve Base (NAS Fort Worth
JRB), Fort Worth, Texas. AFCEE proposes performing analysis of the groundwater to
identify characteristic pollutants known or reasonably expected 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 H.
COVENANTS,Number 8c)
11. COVENANTS
1. The CITY agrees to receive pretreated effluent from a wastewater recovery and
pretreatment system operated by AFCEE 1619 NAS Fort Worth JRB, Fort Worth, Texas
76127.
2. AFCEE, agrees to install and operate a pretreatment facility for the treatment of water
prior to discharge into the public sanitary sewerage system. The pretreatment system
shall (at a minimum) consist of:
a) A facility to treat water to acceptable and safe limits prior to discharge to the
sanitary sewerage system;
b) Sample points installed on influent and effluent lines for water quality monitoring;
and
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c) A flow meter installed to totalize effluent volume in cubic feet.
Effluent discharged from the pretreatment system will not exceed the following limitations:
All discharges shall be compliant with any ordinance requirement
Pollutant Ordinance requirement ail m /L
Arsenic 0.1
Cadmium 0.3
Chromium total 5.0
Copper 3.0
Lead 2.9
Mercury .01
Nickel 2.0
Silver 0.1
Zinc 5.0
Effluent discharged from the pretreatment system will not exceed the following limitations:
total petroleum hydrocarbons of 1.0 mg/l, benzene of.050 mg/l, toluene of.050 mg/l, ethyl-
benzene of .050 mg/1, xylene of .050mg/l. 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
6.24/625 and 608 will be performed, limits will be established for those parameters present.
3. AFCEE, agrees that the sewer discharge shall not exceed a rate of 5 gpm (gallons per
minute); if an increase is desired, AFCEE, 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. AFCEE, agrees to discontinue discharges 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. AFCEE will be permitted to resume
discharge if sampling and investigation show that AFCEE, treated wastewater discharge
is not the source of nuisance odors and/or sewer LEL levels equal to or greater than 10%.
AFCEE, also agrees to discontinue discharges that violate the discharge requirements
established by this Agreement and may recommence discharge only when compliance is
assured.
5. AFCEE, agrees to collect and analyze samples of the influent (prior to treatment) and the
effluent(discharge after treatment) and report all results to the CITY.
Samples to be used for reporting purposes must, at a minimum, be collected monthly and
analyzed for all the parameters, and any other pollutants identified at quantifiable levels.
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
CFR 403.12(o)(1)(2), (p)(1)(2)(3)(4) except total petroleum hydrocarbons which is listed
in standard methods, 18th edition. CITY must receive analysis results within thirty(30)
days from sampling date.
AFCEE, agrees that although a minimum sampling frequency is stated herein that
continuous and consistent compliance is AFCEE's responsibility and AFCEE, 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 AFCEE, with copies of any request from a third party for this information.
7. AFCEE, 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.
8. AFCEE, agrees to compensate the CITY for the cost-of-doing business in the following
amounts:
a) Monitoring Fee: A payment of $5000 for the cost of administering and
monitoring the discharge during the agreement period.
b) Transportation Fee: A discharge fee based on the CITY billing rates for the
volume of wastewater discharged. (FY2003/04—$ 2.26/100 cubic feet)
c) Impact Fee: Projects without an active sanitary sewer connection must apply to
the City of Fort Worth Water Department Applications Section for a Tap and
wastewater impact fee. Fees are based upon size and location.
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:
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Mr. Sebastian Fichera,REM,Manager Michael Dodyk,P.E
Pretreatment Services Division Resident Engineer—HQ AFCEE/ERD
Fort Worth Water Department Wilda — p,o,iso x Z7oo g
920 Fournier Street ATA L•eA Weertth_JRB-
Fort Worth, Texas 76102 Fort Worth, Texas 76127—
E-Mail :
6127—E-Mail : Mike.Dodyk@carswell.afmail
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III. REIMBURSEMENT
Subject to the availability of funds and pursuant to 31 U.S.C, §§ 1341,1342, 1350, 1351, and
1511-1519, AFCEE covenants and agrees to reimburse the CITY, its officers, agents, and
employees, for damages or injuries, including death, to any and all persons or property, resulting
from any negligent act of omission or commission on the part of AFCEE, its officers, agents,
servants, employees or subcontractors in the performance of this Agreement. AFCEE, further
agrees to reimburse the CITY for damage to its sanitary sewer system that are directly caused by
discharges in excess of those described in paragraph 2 above. AFCEE liability will be subject to
any defenses available under CERCLA Section 107 (b) and limitations of liability set forth in the
Federal Tort Claims Act or other applicable Federal Law. Nothing in this agreement shall be
construed as implying that the United States Congress will, at a later date, appropriate funds
sufficient to meet deficiencies.
IV. 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 after two years after the execution date. If further discharge
of treated water is required after the end of this Agreement, AFCEE, 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 AFCEE, 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 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 Tarrant County, Texas.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement this L4-11
day of L.��� , A.D., 200
CITY OF FORT WORTH
Attest: By: -�
Ci ecretary Mr. Marc A. Ott
Title: Assistant C' M er
i
NO M&C REQUIRED tiara ficb era, REM
Title: Manager/Pretreatment Services
Fort Worth `YY�atGlnDepartment
By:
Ms. Marcella Olson
Title: Assistant Director
Fort Worth Water Department
Approved as to Form and Legality:
.5 4;X�1/� Date:
Mr. Gary . Steinberger
Title: Assistant City Attorney
AFCEE
By: C , Title:
Alex Abbott Supervisory Contracting officer
HQ AFCEE/ACB
By: i i _ Title:
!G-off
s E. McClain, Maj USAF Chief, Total Force Division
HQ AFCEE/ISA
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