Loading...
HomeMy WebLinkAboutContract 26918 CITY SECRETARY STATE OF TEXAS § CONTRACT NQ. _ILCIII § KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF TARRANT § RIGHT-OF-WAY USE AGREEMENT TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING This agreement is entered into by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City", acting herein through Charles Boswell, it's duly authorized Assistant City Manager, and 7-Eleven, Inc., hereinafter referred to as "User", pursuant to the requirements of Chapter 12.5, Division 4, of the City Code of the City of Fort Worth. NOW THEREFORE, it is agreed as follows: 1. GRANT OF USE ,r A. City agrees to permit User to install and maintain a monitoring well on a City right-of- way, as shown on the map attached hereto as Exhibit "A" which is incorporated into and made a part of this agreement as if set forth fully herein, for the express purposes of conducting environmental sampling: One (1) monitoring well, designated as "MW-8", to be located within the roadway of the 3200 block of West 7d' Street, Fort Worth, Texas. B. User shall have no property rights to any City property or right-of-way in which the well is installed and environmental sampling is conducted, and access to the property shall be nonexclusive at the City's discretion. 2. REGULATION OF CONSTRUCTION A. User shall conduct environmental sampling in accordance with federal, state and local laws and regulations. B. The construction of the well shall comply with the scope and details of construction of the well that is included in User's Informal Request for Sub-surface Environmental Sampling, dated September 12, 2000, and User's Formal Request for Temporary Access to Install Monitor Well, dated October 27, 2000, and are hereby attached as Exhibits "B" and "C", both of which are incorporated into this agreement by Fl.­_� !9�il ElLI 0Q®Right of Way Use Agreementfor Environmental Monitoring1j/}[D}�Vj Page I of 12 between 7-Eleven,Inc., and the City of Fon Worth �UW (p ��e reference. The top of well MW-8 shall be flush with the right-of-way surface in a three foot by three foot concrete pad. C. User shall ensure that the person who performs the drilling and installation of the monitoring well in conjunction with the environmental sampling, or other party with appropriate oversight of the drilling project, is properly licensed and bonded in accordance with V.T.C.A. Texas Water Code, Chapter 32, to perform work on City's property or public right-of-way. Verification of such licensure shall be made available upon demand by the City. _ D. User agrees that it shall require any Contractor that performs any aspect of the construction, operation, or maintenance of the Monitoring Well to possess all federal, state, and local licenses to perform all work contracted for, prior to initiation of such work. E. User agrees to use the equipment that it has listed in Exhibits B and C, in the construction, operation, and maintenance of the well. F. User has indicated in Exhibit C that it will utilize the services of Dixie Drilling, located at 2627 South Cooper Street, Suite D27, Arlington, Texas, which is a state-licensed environmental drilling firm, to install the monitoring well. If User determines that it will be necessary to contract with another company, User agrees to obtain written acceptance by the City prior to initiation of any drilling or installation. G. User shall maintain and operate the monitoring well. In the event that User determines the need to contract the maintenance and operation of the well with a third party, User shall notify the City of same in writing prior to doing so, and shall obtain written acceptance by the City of such a contract. H. User shall install, maintain, and monitor the well: 1, in accordance with the City of Fort Worth's Standard Specification for Street and Storm Drain Construction, which is hereby incorporated into and made a part of this agreement as if fully set forth herein; 2. so that there is minimal disturbance to traffic and to the peace of the surrounding neighborhoods; 3. so that no discharges are made to either the City's municipal separate storm sewer system or to the sanitary sewer system; and 4. so that the openings to the monitoring wells are protected at all times with properly functioning locking caps. Right of Way Use Agreement for Environmental Monitoring �.��U U' C� t GffiQy Page 2 of 12 between 7-Eleven,Inc., and the City of Fort Worth I. When User performs or causes the performance of any work in the right-of-way or other public property, or so closely adjacent to such places as to create hazards for the public, User, its employees, or contractor shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public, equipment, and workmen. The application of such traffic control devices shall be consistent with the standards and provisions of the latest addition to the Texas Manual on Uniform Traffic Control devices. Appropriate warning lights shall be used at all construction, maintenance, and monitoring/sampling areas where one or more traffic lanes are being obstructed during nighttime conditions. J. User shall ensure that its contractor contacts the City's Department of Engineering at least forty-eight (48) hours before drilling commences, and that the contractor complies with all requirements of the City's utility inspectors. K. User shall ensure that it has received written clearance from all City-franchised utility companies, and any non-franchised utility companies so affected, prior to the commencement of drilling, and that the City has been provided with a copy of said clearances. 3. INSPECTIONS The City's Traffic Engineer, and the City's Environmental Manager, or their designated representatives, are authorized to inspect User's operations at all reasonable times and to halt User's operations when necessary to protect the environment or the traveling public. User shall ensure that its contractor complies with all orders to halt operations given pursuant to this paragraph. 4. REPORTING REQUIREMENTS AND MITIGATION OF CONTAMINATION A. User agrees to provide City with appropriate documentation indicating the completion date of monitoring/sampling, geological conditions, certification of proper completion, any findings regarding the presence or non-presence of contamination, test results generated as a result of said monitoring wells, and any other information submitted to the Texas Natural Resources Conservation Commission, upon request of the City or otherwise, shall be provided to the City at the same time that such information is submitted to Texas Natural Resources Conservation Commission. B. If environmental monitoring confirms contamination of soil or groundwater within the City's right-of-way or other property, User shall notify the City's Department of Environmental Management of same in writing within ten (10) days after receiving confirmation of contamination. User shall cooperate with the City in mitigating the contamination as necessary. User agrees that in the event contamination is attributable to and resulting from User's activities, such remediation shall I}be undertaken at User's 30f 12 Right of Wiry Use Agreement for Environmental Monitoring between 7-Eleven,Inc.,and the City of Fort Worth T' sole cost and expense in accordance with the procedures and standards set forth by the Texas Natural Resource Conservation Commission and/or the United States Environmental Protection Agency. 5. RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY A. User shall repair, clean up, and restore all rights-of-way and other City property disturbed during the installation, maintenance, and sampling of wells, and shall warrant the repairs and restoration of such rights-of-way and other property for a period of two (2) years from the date of completion of same. Such repairs, clean up, and restoration shall return the rights-of-way and other disturbed property to substantially the same condition they were in before User's operations began. The determination that the rights-of-way, other City property, and their surfaces have been returned to substantially the same condition shall be made by the City's Director of Transportation and Public Works, or his designee. B. City shall have the right at any time to order and require User to remove or abate any spill, discharge, well equipment, or other facility that is dangerous to life or property. In the event User fails or refuses to comply with the City's order, or if an emergency exists which precludes the City from giving notice to User prior to responding, City shall have the right to remove or abate same at the expense of User, all without .compensation or liability for damages to User. C. Within thirty (30) days of the expiration or earlier termination of this agreement, User shall remove the well and restore the City's right-of-way and other property in accordance with part A of this paragraph. User's plan to remove the well and restore property is subject to the City's approval, and shall be submitted to City prior to the removal. D. If, within fifteen (15) days' written notice from the City, User fails to remove the well and restore property as required, City may cause the well to be removed and the rights- of-way and any other affected property to be restored without notice to User. User shall pay City for all costs incurred by City in said removal and restoration. 6. RELOCATION OF MONITORING WELLS A. User, at its sole cost and expense, and upon the City's request (without claim for reimbursement or damages against the City), shall relocate any and all wells so identified by this agreement, where necessary due to street construction or reconstruction by or on behalf of the City, or due to the construction or relocation of City utility lines, including, but not limited to, water, sanitary sewer, storm drains, street lights and traffic signal conduits, or due to any other work by or on behalf of the City or general public in or under the City rights-of- FD �^ 719' ���': 6 . "COO "D Right of Way Use Agreement for Environmental Monitoring Page= J(,, CC i:(��,I(��/a1n��1Q Page 4 of 12 between 7-Eleven,Inc.,and the City of Fort Worth v u U C1�� PtI�WNW U B. If City requires User to relocate its wells pursuant to Part A of this paragraph, User shall relocate or remove its wells upon receiving a written directive from City to do so, within seven (7) days of receipt of said notice, unless otherwise stated in the directive. In the event User fails to comply with the directive, the City shall have the right to relocate or remove or cause the relocation or removal of the wells, and User shall reimburse City for all its costs. z C. City reserves the right to permit to be laid and repaired, sewer, gas, water, and other pipelines, cable, conduits, and other similar facilities in, along, over, or under any rights-of-way and other City property occupied by User pursuant to this agreement. City further reserves the right to require User to remove or relocate its wells to enable use of the rights-of-way or other property by City's franchisees, licensees, and invitees. City, its officers, and employees, shall not be liable to User for any damages, loss or expenses arising out of the performance of such work or the relocation or removal of User's wells; however, nothing herein shall relieve any other person or corporation from liability for damage to User's wells, equipment, and other facilities. 7. TERM The term of this agreement shall be for a period of two (2) years from the date of its execution by both parties, if no contamination is confirmed through the well, and upon satisfaction of the Texas Natural Resource Conservation Commission, and the City, whichever occurs first. In the event contamination is confirmed through use of the well within two years following the execution of the agreement, the term of the agreement shall become a period of five (5) years from the date of its execution, upon written request for amendment made by User to the City. The amendment request shall state that additional environmental sampling will be necessary, and shall include all pertinent data relevant to, and justifying, extension of this agreement. 8. INDEMNIFICATION A. Definitions. In this paragraph, the following works and phrases shall be defined as follows: 1. Environmental Damages shall mean all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a vL Ell uI'D Right of Way Use Agreement for Environmental Monitoring Page 5 of 12 between 7-Eleven,Inc., and the City of Fort Worth result of the existence of a violation of environmental requirements pertaining to the wells, and including without limitation: a. Damages for personal injury and death, or injury to property or natural resources; b. Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and investigation or remediation of the monitoring wells or any violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports of the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such monitoring wells or violations or environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and c. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. 2. Environmental requirements shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surfacewater, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, , storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and R b. All requirements pertaining to the protection of the health and safety of employees or the public. l pIITe e Right of Way Use Agreement for Environmental Monitoring "'L C 's � � Page 6 of 12 _ between 7-Eleven,Inc.,and the City of Fort Worth ( �f�✓iiCj ➢ �( f o B. General Indemnification. USER DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE USER'S OPERATIONS UNDER THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. Environmental Indemnification. USER DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM USER'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. D. The obligations of the User under this paragraph shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with - counsel reasonably approved by the City), even if such claims, suits or proceedings are groundless, false, or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. E. Upon learning of a claim, lawsuit, or other liability which User is required hereunder to indemnify, City shall provide user with reasonable timely notice of same. F. The obligations of the user under this paragraph shall survive the expiration or termination of this agreement and the discharge of all other obligations owed by the parties to each other hereunder. 9. INSURANCE A. During the term of this agreement, User shall maintain the following insurance coverage and the respective policies thereof shall cover all risks related to the use and Right of Way Use Agreement for Environmental Monitoring CNN ICZ11,►1`j ,l tl Page 7 of 12 between 7-Eleven,Inc., and the City of Fort Worth R, ,._ ��. R, f LII occupancy of the right-of-way and other City property and all other risks associated with this use agreement: 1. Commercial General Liability Insurance: $1,000,000.00 per occurrence combined single limit for bodily injury and property damage 2. Environmental Impairment Liability/Pollution Liability: $1,000,000.00 minimum per occurrence 3. Automobile Liability Insurance: a. $1,000,000.00 each accident b. Coverage shall be on "any auto", including leased, hired, owned, - non-owned and borrowed vehicles. B. User shall require its contractors to maintain the following insurance coverage: 1. Commercial General Liability Insurance: $1,000,000.00 per occurrence combined single limit for bodily injury and property damage 2. Automobile Liability Insurance: a. $1,000,000.00 each accident; b. Coverage shall be on "any auto", including leased, hired, owned, non-owned and borrowed vehicles. 3. Workers' Compensation Insurance a. Statutory limits for Workers' Compensation; and b. Employer's Liability: $1,000,000.00 in each of the following three categories: $1,000,000.00 each accident; $1,000,000.00 disease-policy limit; and $1,000,000.00 disease-each employee. C. All policies shall contain the following endorsements: am Right of Way Use Agreementfor Environmental Monitoring Page 8 of 12 between 9-Eleven,Inc., and the City of Fort Worth 1. City shall be named as an additional insured on all policies in respect to the monitoring wells, environmental sampling, and the operations under this agreement; 2. City shall be notified not less than thirty (30) days prior to the cancellation, or non-renewal of, or material changes to, said policies; and 3. All policies shall be endorsed with waivers of subrogation in favor of the City. D. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Director of Risk Management for the City of Fort Worth. E. Programs of self-insurance in lieu of commercial insurance policies shall be assessed, and as appropriate, approved by the Director of Risk Management; and, as applicable, pre-approved by the Texas Department of Insurance. All such approvals must be completed and/or received by City prior to execution of this agreement. F. The deductibles or self insured retention (SIR) affecting the insurance coverage required shall be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved. G. User shall provide city with certificates of insurance documenting User's and User's contractor's coverage as outlined above prior to commencing any operations under this agreement. Certificates shall be submitted to the Director of Environmental Management. H. Any failure on the part of the City to request documentation of insurance required herein shall not be construed as a waiver of the requirement for same. I. The City may revise insurance requirements specified herein, at its sole discretion, to protect its interest, giving ample prior notice to User. 10. CONSIDERATION In consideration for the use herein granted, User agrees to pay City a fee in the amount of $250.00 (two hundred, fifty dollars, and no cents), which is due and payable upon User's acceptance of this agreement. Such fees shall be used by the City to offset the cost of z regulating and monitoring the use agreement activities specified herein. 0D Right of Way Use Agreement for Environmental Monitoring s ^jl'�' U Page 9 of 12 between 7-Eleven,Inc.,and the City of Fort Worth 11. NOT CE Any notice or communication required in the administration of this agreement shall be sent as follows: If to City: If to User: Mr. Brian Boerner, Director KOA ww l"p Dept. of Environmental Mgt. EN V l RO N Vh�TA- K6 K . City of Fort Worth 1-uAmw-, lNC• 1000 Throckmorton St. 211 i N, -PASKL A'V . Fort Worth, TX 76102-6311 tj�p,�y�Sl 7x, 7§Wq 12. TERMINATION A. In the event User defaults in the performance of any of its obligations under this agreement or misrepresents to the City a material fact, the City shall have a right to terminate this agreement upon giving the User written notice describing the breach or omission in reasonable detail. The User shall have a ten (10) day period commencing upon the date of notice of default in which to effect a cure. If the User fails to effect a cure within the aforesaid ten (10) day period, the City may terminate this agreement by written notice to User. B. Upon termination, the User shall be released from all contractual obligations to the City, except that all of User's duties, obligations, and liabilities set forth in Paragraphs 4, 5, and 8 shall remain in effect as indicated herein. The requirements imposed under Paragraph 4, "REPORTING REQUIREMENTS AND MITIGATION OF CONTAMINATION", shall survive for the latter, of a period of two (2) years after the termination of the agreement, or until such time that any contamination which may have occurred has been mitigated to the satisfaction of the City, and the Texas Natural Resource Conservation Commission. The requirements imposed under Paragraph 5, "RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY", shall survive for the latter, of two (2) years after the termination of this agreement, or until such time that the property affected is restored to its original condition, and such restoration fully complies with Paragraph 5 of this agreement. The duties, obligations, and liabilities set forth in Paragraph 8, "INDEMNIFICATION", shall survive the expiration or termination of this agreement. 13. GOVERNING LAWS It is mutually agreed and understood that this agreement is made and entered into by the -- City and User with reference to the existing Charter and ances of Cityand the laws of Right of Way Use Agreement for Environmental Monitoring 'V U U J N'iv � lad Page 10 of 12 between 7-Eleven,Inc., and the Ci o Fort Worth U �> the State of Texas, and of the United States, which govern all matters affecting this agreement, and User agrees to comply fully with all the provisions of same. 14. ENTIRETY This agreement constitutes the entire agreement by the parties hereunder, and any prior or contemporaneous oral or written agreements shall be void. This agreement may be amended or changed only by the written agreement of both parties. 15. SEVERABILITY In case any one or more of the provisions contained in the agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 16. VENUE Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. 17. AUTHORIZATION The undersigned officer and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. -HD CINFYI Right of Way Use Agreement for Environmental Monitoring Page 11 of 12 between 7-Eleven,Inc.,and the City of Fort Worth IN WITNESS WHEREOF, the parties hereto have executed this agreement in triplicate originals in Tarrant County, Texas. USER - L c y, zw�_ , CITY OF FORT WORTH BY. �"C BY: L a . NAM .�� o Charles Boswell TITLE: _� prP s; Assistant City Manager Date Signed: 3u.ne Q, _ Date Signed: 7- Lo CORPORATE SEAL: FORMAL REQUEST FOR MO TORING WEL A ROVED. .t- _ I.B6/Borrner Director, Environmental Management WITNESS: APPROVED AS TO FORM (Signature) Assistant C' y Att ey Print Name: ATTEST: rGloria Pearso , City Secretary (No M&C Required) r RO W UAM W20001217V4 Right of Way Use Agreement for Environments!Monitoring .. Page 12 of 12 between 7-Eleven, Inc., and the City of Fort Worth 10 � AT, ; H I JOS. I I MINTON � co I FIELD BLDG. f `(O H VACANT I H I I I I B GAS—_GAS GAS I I ARCH ADAGAS y GAS\� jr,MS W — 6I 12=GA s I GAS BUILDING 1� COLOR u V) co WHEEL I FH 15, W Iv t PAINT u N —UP rk ? 1 H �5➢/� �� Q ARCH ADAMS ST. AlivINr D / s — — — — — — — — il 7-ELI VEN 3 BANK ONE STORE BANK I II MOTOR N I BANK #12542 I I II u = t� OI � I BANK ONEDD I L E G E N D CN ASSUMED PROPERTY LINEOXIMATE NOT TO CSF ! . �11r HOUSE RESIDENCE 1201 BELTUNE ROAD ® PROPOSED MONITOR WELL R MMAnON SUITE �°° COPPELL,TEXAS 75019 FIRE HYDRANT A1f6mdTbelT (972) 341 72)FH C't°O� (972) 341-8365 (FAX) 00 STORM DRAIN MANWAYS PROJECT NO.: ACRD FILE: DRAWING DTE: ` —GAS—GAS— GAS LINE 805753 1 805753—A1 11/29/2000 —SS— — SANITARY SEWER DESIGNED: —UP— — UNDERGROUND PIPING KT/JF PROPOSED MONITORING —0E— — OVERHEAD ELECTRIC DETAILED: WELL WITH UTILITIES MAP —SO— — STORM DRAIN TM/TFR —W— — WATER 7-ELEVEN, INC. FIGURE: CHECKED: 7-ELEVEN STORE X12542 _ 3200 W. 7th STREET FT. WORTH, TEXAS (7i Ll F L i t i i PROPOSED DOUBLE Id INLET ice.-- • -_� __ N _ t G"GAS 3d - �( t2 G PROPOSED DOUBLE Id INL(_f STORM DRAIN CURVE DATA 45° P 5 6- 23°48' tDrTA.50tCi. -� t o R- 810.05' f ��� 6 5 so- i T- 170.46' ' L- 336.01' 6� STORM DRAIN 10 !NETT CURVE DATA a-18°32 19' R-540.11 PROPOSED �o PROS RCGP. L-74.75' 5' S0 MR �# Adams --- 8.30 � c') I I D51 4 7 50 - . t _ - -- --- ----- ------ - - - -- -- - - -- - - - --- - - - - - - -- - t36-396 �- 1rt a 31 u 2f • to ! 2 L 1 2 I 8 1 O �O �. •97 „ a , s e n 1! 13 1ML- 3 tr a tf M f 10 a 12 1] 1. 1] n _ ��( . n 1t r at Nhl OM y n ® .I__. __�• 21. 0 � u t• • • � Sa !3 !� 33 Sa 3 • 1e r S •9 E ' 8 �2 �F n r2 28.30 • a to • ° a s • ] t I• m f ° s • 1 S • r ° , to „ 1•B E 'J 1•Is tf - .._.H 2 9 i 8 H Iq 12 1] Ir If ,] --_._� i w. e t •8 e' ' I 3 a• ��N 0 aO1• C ,2 t3 1. Is to tr t° is 2° tt t2 IJ 1. Is n Ir a 1• t0 s • �' a f 8 ° • • r 10 , T ° 6 ice. 4trt 1 2 7 , 1 - Q $ ° �! 1I • , 0 0 s 0.90E o . 4• 7 6. 'n — a • f _ t S a 7 '^ I EAam— 52 — 1 8 a H �`�`' = 27• l2lfl4 • IS-45 8' �• , tl 12 t, 1• 17 1{ Ir 11 1f 20 11 ! 13 14 11 if V � to•1,I o BR B H T mT is t• 1J /t to a 13 ,� ,s 1, 11 to • r 41 -24� b' C • st 1 • a - 1 „ r a 3 [- ND - 449R3 2 •1 L 1 ' w I S 31 a 2T 6tE � 6' i9 S2 11 12 11 14 13 If It t• Ir / t— If f2 tJ la tS tf it a•,•I •'°_3 w Zo `r S•3SE '`'• T IS IA U 11 11 = 1 la 1] IS 11 10 1 to • ; 7 : I O '" •, 9 7 `2 ! eE 16 7 10 L 8 4 = 7.15 22 N °• a 2 10 •, • 3 2 1 10 , 7 t S a 2 a s 0 14 T 1'?� 09 a• c E L- 8 1 M 132R- 1 2 3 a s t • t : 3 . R10 H=d3 S 2 10 t tt• 12 . T 3 • n u 12 11 `• r3 1r tf 4 So " n 12 tJ a 1� „ tr to 19 91 1311 IS t •. ' t• So 11 ST. L-1747 a. m E L-1877 ' !t 7t So t• tf tr tf tf Ia I] i ] • i ° r a S .1C , ] p 1 ; S n ' 3.19 _ 7 H 4 r t s a 10 s e r a 3 t ry 1' 3 : 3 a �• 1, 2 9 70 2 z -1 •� L t 0 ° �. 1 2 7 : 7 t r ° • t0 11 1 ,t II U 1a � 11 Ir 11 , ' V• o•� 2 ' � , / t , V M a L , 2 H Is It if r3 ra /3 t2 11 • IS • , isrf t tf H r. ro t2 a Ic vt ^ t J a s e of H 3.78 13 T•1 1 e to 2.1- • SE L 9 tt 4 !L-905 12 13 " R 2 5 So•2' o1E 4 ° , SO 2 1•SOE t• u O la IIA 13 N d L p Il 17 1a If■ __._-f=-901_J_..___ a 3 jR u Eta J v 10•ioe-J_ 3,6i r o s =n r! 1J o.90 N 2.90 1 r---- 5 ' ��'4•P 1 OF�G 11 to ' - 3 : p I � t rr n MEOICAI a �GOQPG`�k. _ 114 �2 0\6f , CECEa m c] to It 1 = v1 111,1211 • L 9 3• ' � ' �, � ,0a t3 12 U to a r Ips, /y, %` — 0 _L-1270_-- 13•tt 3 Y .TSE O' 1111, �:0 J °• 1 I DO' ST 12 3 s t ) ■ 8 ` .1915 t ' • 3 13•47E -----3.65 4,egeat ill 22 :' Y b. 134 IA 0 of 11ESi LANCASTER AVE. t•f 3 u it 1a , 1•' 0'e 12•76E a- •A L -50T7'A' 12•15 Is •5 E 6' 26E 1-73 I, 6 OE a GP -� 20 A t b• o St V Or -`P``� 7••61E' AC'S\ �a ,• n I - 98 �.so • ,. = fj = 5 L-2426 �• to 2co• fr to•OSE a- a•50 16.75E 14.45 m 2g�_0'� 12 •'.1• 1 ' 02 � .8 y/'P• S i ' li N 2L-24268 v •"`_- 1 • m 4136.92 8 1.28E C, rlaK • > `�t�4 n X12• = 5•52AN0 ��2426A• J t c 37E t) 1t 4 ~ 3.038K• 8'0',fi1 (. 10.82 88.56 E 19•IOANO - ' b yw p'° • �1 0. T. r c 1-30 b `� iw 0.42 L- 4 ♦� �• t t c ST 2.03 u't y o N WL • 2 11-290.16 t N t 3 9 (A _j I. 5E S • n i I .e �♦ J - ti ( rJr�n��� ° • to 11 17 t] 11 IS 1a Ir 6• ! — n .,r 1036-388 c' ' /i -392 AMLICIN 24 :I M A 1 4 S 16 1 3 j F17.1-4- T 1011 E 4TH 17 v 23 JIS 1- -1. 111 If 111 19 N 8 sC3 X. CIE 3y' I 2-4 5 - .5 .6 1? Los .9 L& _'7' 11 , 111 le, 1 v. 15 4 It %., BR 14 3 12 3 d .1 g . —e r ..1� 1 1 4 11 #1 1 1 4 a 4 .1 7 1 1 11 12 4 M I& I? - If I., - 17 It to 2. 3 14 13 12 It It to 9 4 cWl. I, I 2 1 F.A 15 L 1 2 S 4 5 40 1 4 S. 6 .w . . . Ml I.- It 14 M It 7TH J r .,1 2. N V It r, It IS p $1 1: Y A 5 4 • -3 C S is I. `0 2 1 .0 If N, Is 14 W M'o'0Ll 4. ,N -1 :.j ry Vil -C I., ........... I cn CN 2 1. T%L 171, C" Gx 4 NA� CID 6 5 1 1 0 % A WOUP IS c it$ 2 1 12 ^%4 P� "3 4 -40 1 L I " . I *4-q ILP IL tnLLJ IEN _ 1 WEST 7VE. ri 6 1l Ij 11 11 Vi If pv j �4. I.J AV1.11CIN AFI N. z0! OF I'Ukf 11 -rLtr$e16,. uc L �6c il C it I vc:E;p RINTRS 01 c Ir. Wll . 4 twAo r..EAIER Aa c rrR, w,v rH C. , Avv-r C.CARrCR JR, quRNETr BLOC. lk A "Sr"R. Kk L L E 11 M) 8♦ c 9 -1 .1 -1 1: 1.1 14 IS x d01 .5 f4 IJ Ic 9 S I 36-388 A 41036-392 i v> L `� • 21 / 3 ,1 s I c Jill 191%ji;HbAjLl j6� djtjj o1 \11-1 f C7 , 27 ti I I' I ,I I 111.1 •' Ldl.•I ,■' -1 cu Is .. a 2s 24 23 : 1 m tt ++ (!, 11 �• L 5 + ,0 a f 7 L S , ] 2 1 Is 9 a 7 L S , 7 2 1 '• m tz N + N-d '4151C i7 11 19 Roo '- -•r• MIM9 m n. 7 0 a 11 12 17 H 11711 it /2 t7N 1S ti f7 fi 19 2e ] , S m Muss nee T » N 7 ..6•; + o .7•fS I9 1 2 7 , S G 7 t 12 11 1f 9 f 7 G S K •^ + CL t. o _ , 7 t 2 750 ,71y FI •\ I ' I1 12 t7 N 15 If 17 1! 19 20 11 12 13 1+ 15 IC 17 it f9 M •.---5,19.9.87 T t' t' p-R-2 7�SH lz + ' 0 7+aa :r �11 10 1 15 1, 1 11 to 9 1 11 10 9 f 7 i S •0 -•. 1 , It 3 W `• 3 t0 9 a 7 i 5 , 3 2 0 o to 9 a 7 S , 7 2 1R _.. __ .. L i 7 t 1 2 ] , S i , 3 L ~po1 I 2 S IH 1 E1 I t ; 11 12 13 1, 15 1C 17 t! f9 20 11 12 17 L, 1S 1C 17 1f 19 204 ! p'R•1 750 3700 3500 1 3105 21• t0 32 J ti 1 N 13 114A t 11 15 9 f 7 2 1 n tl• „J 2 1 3 2 10�9 t 7 1.151,41+1 1 t5 9 { 7 C S 4 3 2 1 ` p•R r I Y 1 2 7 , S L 7 t1 1 2 3 , f L ;fTi •_•�._ .. ._� _ __. ]14 _. -• _I1 12 17 1 Is IG f7 14 19 20 11 12 13 1S IG 17 t] 19 25R I ry 1]R 1C 37ea 7cea 5 T 11 ST. `f s 7s5e 7see IL• I9I 15 17 ti IS N 17 12 1 L 3 + L 7 f 9 ( to - zR I. w 9 f P-7 1 ,RT 11 7._._._._._._. ._ Se P 2j +3760 L12 •� II-R . t 7 / �• �. I1 S 1, 13 11 is 9 N �.% `� i It to 9 ze x' 22 �.Zp2 1 ►- pPR I ua +9 mm 5' CU c I ZooI .i 15 1L a� M S 2 3 , S L •7 ! .( �' 14 •TR.3 I j r 12R cu 3766 Q H• OP C z G m C m S 1 1 S L S i f �OD• 1R1 .( 11R •Om tSZ9 5 + TR.20 N (�i Sp � f1Rf 1s li 17 1 G 14 3 x ( t7 SL V r j 5 + e°'•t 1 1 11. �._._._. ..J c to I ,/�� O• v l I = I 2 of 4 L KIrSELL ART fLSfUH 2 1 1 �ha� ' 27 26 25 2,R 22 = •`•� j �,i SE p Q 9 1 Tii� GPROf v 0 a=leg gib 770 /~' 1) 5 la LEST LAnCaSTER AuE. c"�o^ I w -J La. 7 12 11 16 9 1p � is. 1-6 ` 'Cmm 3S00 li•64 12.64 tt• 1 II• tl•Gt L CL1r t �,��•� 1R a SCOTT THERItK 121 22 2712+ �•' 3 I tw �• + > i I. LooaO ~ 3•le �-I e 7 fOOfRH ART fflSEUH IY-639 OF FORT LARTH i w - tl• �—A �• { if 1 % j o o i It 3 2.0414 �. , 13 . 1 J +2 2r• •i ._._.1._i 10 rLms 1 lir ,r er r,IL f a•\ ° f 79 " I I tI. 1 w• e o!y c ST 2 , -p f C I / i j t�ii1RMC a• E e p 6e 04 7cea• o J! w I +'64 `o g I �. 1! 1c j t 411 � t'• a 1 BURH£TT BLDG. t r rut WORTH TEXAS LE-212` (7�SII? ����(�� 1 4IIiM�II J�(J Il t'c UV 2`-E- Y -I VY- -------•--- A 7_r4 'nl ;/u 7— J`3 IT Corporation 1201 Beltline Road, Suite 100 Coppell, TX 750194907 Tel. 972.341.8300 the ff*OUP. Fax.972.341.8365 A Member of The IT Croup September 12, 2000 City of Fort Worth Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102-6311 Re: Informal Request for Sub-surface Environmental Sampling Near 7-Eleven Store#12542 3200 West 7th Street Fort Worth, Texas 76107 Dear Environmental Manager: IT Corporation has been retained by 7-Eleven, Inc. to perform an environmental assessment of the soil and groundwater at the referenced site. In order to complete the assessment, the installation of a groundwater monitor well(MW)on your property located along the 600 block of Arch Adams Street is necessary. Enclosed you will find Attachment A illustrating the adjoining 7-Eleven property and the proposed MW location, Attachment B showing the chronology of events, Attachment C directing the assessment, and Attachment D attempting to obtain permission to place the monitoring well on private property. Please review and approve this request for further processing. IT Corporation appreciates your cooperation in this matter. If you have any questions or require additional information, please contact Jeff Fuller at(972) 341-8343. Thank you very much. Sincerely, IT Corporation C7 7 ff 141er Gerald Nocks Site Manager/Geologist Project Manager cc: TNRCC-Austin Ina PT tl�c U��✓1i C�b�� �..t[11a ATTACHMENT A SITE MAP WITH PROPOSED MONITOR WELL LOCATION 'PR �,��aGo��a PEW�� BORLAND VA�KT H _soo'- S+ _ MOW-- --►--- FT. WORTH H . BELT 1 GALLERY BALLET _ L- H CALL BUILDING scHooL I ❑ I ARt t E 1 HR. CLERS - ` 4 STAR ' a DOW CAFE ' ART I C3 GALLERY I 3 z JOS. I m- 3�o MINTON I ,,� N FIELD �O SLOG_ JOY FRAME FLORIST VACANT I H ,I UNIVE SITY - I(EOICAL GROUP O ��" S a v � J&J'S 'rl � L!!LDINJG I HIDEAWAY COLOR POST WHEEL I I OFFICE ARCH ADAMS ST',c) Ln ARCH ADAMS ST. I BANK ONE MOTOR 54 BANK JAGEE CORP. w c I z - - - - - - - - .'C 7F�INGS I z FOR REMBERE C cl LEASE I GQLDEN I C� NUGGET BACKWOODS 'p BANK ONE CL - - - - �� GREAT F. FIELD I I m OU7000RS CLEOANERS U _ CL � CL a - soo' - BARDON ST. PARK VIEW NOT TO SCALE APARTMENTS LEGEND ��' CORMT1 1201 0�E RCAD COPPaL TERAS 75019 . AJ9emAwo(MkjT!wmF (972) 341-a300 r) -- - ASSUMED APPROXIMATE 9n 341-a365(r"x) PROPERTY LINE PROJECT NO.: CAD FILE: ORAWI G ATE: 805752 0866VICI.DWG 4/7/2000 H HOUSE/RESIDENCE DESIGNED: KT/JF SITE VICINITY MAP I:my; PROP&JED 100 p r ITOR WELL DETAILED: 1��='��G'l�J�pfD TAR/TM CHFIGURE: ECKED: FORMER 7-ELEVEN STORE ®12542 3200 W. 7th STREET FT. WORTH. TEXAS L u E ATTACHMENT B CHRONOLOGY OF EVENTS LPST ID No. 110855 7-Eleven No. 12542,3200 W.7th,Fort Worth,Texas January 26,2000 3.0 CHRONOLOGY OF EVENTS The following is a chronology of events that have occurred at 7-Eleven No. 12542 located at 3200 W. 7th, Fort Worth, Texas. 05-09-96 Minimum Site Assessment(MSA)with 4 soil borings. 05-16-96 TNRCC Incident report was filed stating the discovery of a release as well as Preapproval Risk Based Assessment Workplan for a site assessment and a RAP Feasibility Test. 08-20-96 Risk Based Assessment(RBA)was conducted, which included the installation of 8 soil borings. 09-12-96 Risk Based Assessment(RBA)was conducted, which included the installation of 5 monitor wells. 09-19-96 Fluor Daniel GTI personnel conducted a slug test at four serperatelocations around the site. 10-01-96 MW-1 through MW-5 were purged and sampled for BTEX and TPH. 12-06-96 Plan A Risk Assessment Report was submitted. Along with the Plan A, a workplan and cost proposal for a Risk Assessment Plan B and a Preapproval poposal summary for groundwater monitoring workplan was sumitted to the TNRCC. Quarterly groundwater sampling event. 02-21-97 Quarterly groundwater sampling event. 06-05-97 Quarterly groundwater sampling event. 08-19-97 Quarterly groundwater sampling event. 10-21-97 A Preapproval Proposal Summary for a Corrective Action Plan requesting a CAP not neded letter. 11-10-97 TNRCC replied that a CAP was not needed. 11-21-97 A Preapproval Proposal Summary fro an additional well located offsite for plume definition. LPST ID No. 110855 7-Eleven No. 12542,3200 W.7th,Fort Worth,Texas January 26,2000 11-21-97 Quarterly groundwater sampling event. 12-02-97 MW-3 and MW-4 were resampled for BTEX because the samples were inadvertantly broken during the last quarterly sampling event. 01-21-98 Fluor Daniel GTI submitted the 1997 Annual Groundwater monitoring report to the TNRCC. 02-17-98 Quarterly groundwater sampling event. 05-08-98 Quarterly groundwater sampling event. 08-05-98 Quarterly groundwater sampling event; PSH detected in MW-1 and MW-3. 09-24-98 Weekly PSH removal commenced. 10-01-98 Weekly PSH removal. 10/08/98 Weekly PSH removal. 10/22/98 Weekly PSH removal. 10/29/98 Weekly PSH removal. 11-05-98 Quarterly groundwater sampling event and PSH removal. 11-06-98 Off site monitor well installed. 11-12-98 Off site monitor well sampled, PSH removal and Vapor Survey performed. 12-27-98 IT Corporation acquired Flour Daniel GTI, Inc.. 03-30-99 Quarterly groundwater sampling event 06-25-99 Quarterly groundwater sampling event 09-09-99 Quarterly groundwater sampling event 12-20-99 Quarterly groundwater sampling event a„�9s lt7 ATTACHMENT C TNRCC DIRECTIVE ON THE SITE ASSESSMENT { I PEI um URN(,-, J QDY hil(1-09-2000 WFD 11 :34 AM 2 FAX NO. 33 P. OP TEXAS NATURAL RESOURCE CONSERVATION COMMISSION LPST CORRECTIVE ACTION RESPONSE FORM LPST-•T.ns 110855 2/25/2000 Proposal For: QUARTERLY GW MONITORING (4 EVENTS/YR) GENERAL INFORMATION LPOT 10 770855 Priority: 4 .1 "Rcaponsi.ble Party : 7-ELEVEN INC Tel : 817/341- 8314 Facility # & Name : 0009213 7-11 #12542 Facility Address : 3200 W 7TH ST .. Facility City ; FORT WORTH County: TARRANT CAPM b Name : CAPM00765 DONALD R. KUEHLER R.CAS & Name : RCAS00429 IT CORPORATION TNRCC TECHNiC:AL RESPONSE I roposed activity is approved with the folluwing modifications: is Office has reviewed the Annual Ground-Water Report, dated February 23, 00, and generally accepts Lhe information contained in the report . However, he Chain-of-Custody dated LTune 25, 1990, wad not copied rropprly and ntormation on this rec:urd is missing. Pleace resubmit annt-.her copy of this 0!iain-of-Custody reuurd for our review. The Annual Grrninri-Water Report will be onsidered incomplete until thin information is received. 11tis approval is for 4 consecutive quarters of ground-water sampling and to-nitoring for the aix monitoring wells (MW-1 through MW-6) at the site. A lnnual Ground Water Monitoring Repnrr will be submitted upon completion of the m1ampling activities. Please incorporate the following modifications into your jampling program. Please sample MW-1 , MW-2, MW-3 , and MW-5 every quarter. ! Please sample MW-4 and MW-6 semi-annually. Ground-water concentrations in :hese wells have been historically below MCLs ( . 005 ppm benzene) making Iuart.Prly monitoring in necessary. A . Please sample MW-1 and MW-3 for BTEX\MTBE`TPH(1005) . Z . Please sample MW-2, MW-4, through MW-6 only for BTEX\MTBE. TPH concentrations in these wells have been below screening levels for at least five _sampling events. Continued TPH sampling will not be llec:essary. kdditional delineation wells will be required. However, this Office needs to modify the locations of the two monitorit►y wells. Please relocate one ymonitoring well approximately 75 feel. duwn-gradient between MW-1 and MW-3 . This one well would delineate the plume- in the down-gradient direction. Please relocate the other well northwusL of MW-1 across Arch Adams Street . A Page 1 �'Ol JI r� �US�WnlU17 n��„-ua-luau wr.0 i i ;14 H11 FAX NO. 33 P. 03 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION LPST CORRECTIVE ACTION RESPONSE FORM LPST-IDe 1.10RSS 2/25/2000 Propooal For: QUAR'TERIY GW MONITORING (4 EVENTS/YR) TNRCC 'rROHNICAL RESPONSE Zrtoring wall in than direction would delineate the plume in the cross cadient direction toward the west and would greatly aid in the overall rsessment of this site. no is Off.inP has honored your request for assistance in obtaining off-site ice R_ Letters, dated 8/8/2000, were sent to Ms. Chris Cushman of tyle Bantbay orpany, Inc. and Mr. Gary Treadwell of the Color Wheel Faint Store requcaLing at they allow your consultant. access to their property for the in5L.dllation of nese monitoring wells. A copy of these letters has been sent Lu your onsultant for their records. Please notify this office a6 �:;uon as possible if fere are continued issues with the installation of these wells . ease note that the preapproved cost shcwil is for 20 DTIX\MTBE and 8 TPH(1005) .clyses on the 6 monitoring wells al. Lhe site. If a reduced ecope of work is umpleted, the maximum reimbursable cost will be adjusted accordingly. ACTIVITY COOT SUMMARY PrcpuSed Cont ; 8,381 . 00 Maximum Pre-.Approved: 6, 843 . 00 7oyceota nrOignaturc: � Date: 8/09/00 Telephone: 512/239-2200 Co di D a Page 2 ATTACHMENT D ASSISTANCE FOR THE TNRCC IN TRYING TO OBTAIN OFF-SITE ACCESS j DD !,Oh PECUD Ile i o Robert J.Huston, Chairman �''�E 0 R.B."Ralph"Marquez,Commissioner John M.Baker,Commissioner Jeffrey A.Saitas,Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution August 8,2000 Mr. Gary Treadwell CERTIFIED MAIL#P 121356193 The Color Wheel Paint Store RETURN RECEIPT REQUESTED 1904 Montgomery Forth Worth,Texas 76107 Re: Access to investigate your property for possible contamination released or migrating from 7-Eleven Store#12542, 3200 West 71 Street, Dallas (Dallas County),Texas (LPST ID No. 110855 -Priority 4.1 - Facility ID No. 0009213); R-4 Dear Mr. Treadwell: This letter is in regard to the investigation being performed by IT Corporation,a consultant hired by 7-Eleven, Inc. to investigate contamination from the above referenced facility. Based upon correspondences received from Jeff Fuller, with the IT Corporation, on August 7,2000,the Texas Natural Resource Conservation Commission(TNRCC)understands that you are reluctant to grant access to 7-Eleven Inc. in order to collect soil and ground-water samples and/or remediate your property. The TNRCC has directed 7-Eleven,Inc.to determine the extent of the contamination so that affected parties can be notified and so that any needed remediation can commence as soon as possible. Based upon the work completed to date,it appears that subsurface contamination may extend under your property located at 3232 West 7'Street in Forth Worth,Texas. Therefore,it is necessary that environmental assessment work is completed on your property in order to determine the extent of that contamination. This work will include the drilling of a soil boring and the installation of one 2-inch diameter monitoring wells, and periodic sampling from this well. It is possible that remediation will be required to address any contamination found during the assessment. Under Section 26.121(c)of the Texas Water Code, owners of contaminated property may be held liable for that contamination. However, if contamination from 7-Eleven, Inc.'s property has migrated onto your property,and you have not caused or contributed to that contamination,you may be considered an"innocent landowner"and thus not be held legally liable for that contamination(see Texas Health and Safety Code, Subchapter V). This protection is contingent upon you providing 7-Eleven reasonable access to your property so that assessment and any necessary remediatiori of the contamination canbe expeditiously'performed.For information on the Innoce t SZWC, f ,,r' please call 512/239-5891. i�UVcb, P.O. Box 13087 0 Austin,Texas 78711-3087 • 512/239-1000 • Internet address:Hnvw.tnrcc.state.tx.us Mr. Gary Treadwell Page 2 August 8, 2000 the contamination can be expeditiously performed.For information on the Innocent Owner Program, please call 512/239-5891. The TNRCC urges you to allow 7-Eleven,Inc.reasonable access to your property so that they may complete their activities. Such access should cover those activities deemed necessary by the TNRCC to achieve protection of human health and the environment. The TNRCC will review the technical data generated at the site throughout the process. Please contact 7-Eleven's representative, Jane Lomas at 972-341-8314 as soon as possible and reach an agreement as to property access within 30 days from the date of this letter. If you have any questions regarding this letter,please call me at 512-239-6711. erely, Jo ce irota Co inator PST-Responsible Party Remediation Section Remediation Division JES/j ly 110855.acc cc: Jane Lomas,IT Corporation (1201 Beltline Road, Suite 100, Coppell,Texas 75019) Jeff Fuller, IT Corporation (1201 Beltline Road, Suite 100, Coppell,Texas 75019) Walter Ehresman, Staff Attorney, Environmental Law Division, TNRCC,MC-137 ROOM �--Acr4mc�r C IT Corporation 1201 Beltline Road, Suite 100 Coppell, TX 75019-4907 Tel. 972.341.8300 Fax.972.341.8365 the(t;group. A Alember of The IT Group October 27, 2000 Ms. Deena DePalma City of Fort Worth Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102-6311 Re: Formal Request for Temporary Access to Install Monitor Well Near 7-Eleven Store#12542 3200 West 7th Street Fort Worth, Texas 76107 Dear Ms. Deena DePalma: IT Corporation has been retained by 7-Eleven, Inc. to perform an environmental assessment of the soil and groundwater at the referenced site. An informal request for sub-surface environmental sampling on City of Forth Worth property was submitted on September 12, 2000. Verbal approval of the informal request was received with the condition that additional information would be submitted with this formal request. Please find this additional information in Attachment E. The attachments 1 through 7 apprise the formal request for the installation of the proposed monitoring well. Attachment 1 illustrating the adjoining 7-Eleven property and the proposed MW location, Attachment 2 showing the appearance of a typical MW, Attachment 3 describing the protocol for drilling, maintaining and removing off-site MWS, Attachment 4 showing barricade plans, Attachment 5 describing the depth of samples, hours of operation, and timetable, and Attachment 6 showing the notification of parties which may have underground utilities in the area. Attachment 7 includes a Temporary Access Agreement for installation of a MW on your property and Exhibit A describing your property (Grantor) and the adjoining 7-Eleven property (Grantee). It is our understanding that, if this formal request is approved, a certificate of insurance, certificate of utility clearance, and fee will be required prior to final approval. TEX IT Corporation appreciates your cooperation in this matter. If you have any questions or require additional information, please contact Jeff Fuller at (972) 341-8343. Thank you very much. Sincerely, IT Corporation . e,I")/,�I eff Fuller Gerry Nock`s Site Manager/Geologist Project Manager cc: TNRCC-Austin ATTACHMENT E DETAILS OF PROPOSAL Driller: Dixie Drilling 2627 S. Cooper St., #D27 Arlington, TX (817)469-9282 Laboratory: Test America, Inc. 2960 Foster Creighton Dr. Nashville, TN. 37204 (800) 765-0980 Location: Our first choice for the location of the monitoring well is in the parkway between the sidewalk and curb on the west side of Arch Adams approximately 180'from W. 7th St. Our second choice would be to place the well in Arch Adams Road approximately 5' from the curb on the west side approximately 180'from W. 7th St. Moving the well might be required if utilities are located under the parkway. Monitoring well installation and completion: The first 5'will be drilled by hand with either a hand auger or post hole diggers. If the well is located in the street, a hole, approximately 7"in diameter, will be cut through the asphalt or concrete. The well will then be drilled with approximately 7"diameter hollow stem augers with 5' split core barrels for sampling. The well will be drilled to approximately 20'. The well will be completed with 2.5'of 2"schedule 40 PVC casing and 17.5'of 0.001"slot PVC screen. Filtered sand will be added from 20'to 2', bentonite will be added from 2'to 1', and concrete will be added from 1'to the surface. The concrete will be in and around an 8"diameter steal manway, which will provide access to the well. ATTACHMENT 1 SITE MAP WITH PROPOSED MONITOR WELL LOCATION AND PHOTOGRAPH OF PROPOSED WELL LOCATION - �l5fflcu� 0 ^U WP fix BORLAND _500'- VALMT saN H- -�-- H FT. WORTH BALLET BELTSAN I GALLERY SCHOOL 1 GALL IRY I BUILDING I 1FIR. 1 CLERS U -- [jH 4 STAR I - - CAFE 1 El DOW z _ ART GALLERY I 5 z JOS. H w ui - FIELD _ BLDG_ JOY JFRAME FLORIST VACANT H UNrVEkSITY MEDICAL G OUP Ix- ����� 1 _ J&J'S Apq '44/ BUILDING HIDEAWAY 1 COLOR POST WHEEL t t OFFICE ARCH ADAMS ST. o b `r' t ARCH ADAMS ST. _ BANK ONE MOTOR rJ4 BANK JAGEE CORP. I o I THINGS z FOR ^ REMBERE m LEASE 3 1 GULDEN 1 (� NUGGET BACKWOODS BANK ONE < (� - - FIELD GREAT N ,. OUTQOORS COMET z ., m CLEANERS Q _ _ No CL Q -500'- BAR t�� ' NOT TO SCALE PARK VIEW 1201 SELTUNE RRW APARTMENTS L E G E N D IT CORMTION SUITE 100 COPPELL.TEXAS 75019 A�l4mb� e7jj jT 972 341-11300 EL �'fEDO°p' 9723 341-e (FAX; as - - ASSUMED APPROXIMATE PROJECT NO.: FILE: IORAWING AE: ACRD PROPERTY LINE 805752 0866VICI.DWG 4 7 2000 HOUSE/RESIDENCE DESIGNED: KT/JF SITE VICINITY MAP ® PROPOSED MONITOR WELL DETAILED: TAR/TM CHECKED. FORMER 7-ELEVEN STORE 12542 FIGURE: 3200 W. 7th STREE FT. WORTH. TEXAS 2 PHOTOGRAPH OF PROPOSED WELL LOCATION 9 . .x ... k PHOTOGROPHER: JEFF FULLER DATE: 10/06/00 LOOKING NORTHWEST ACROSS ARCH ADAMS ARROW MARKS APPROXOMATE LOCATION OF PROPOSED WELL ESCOR@ VEX. ATTACHMENT 2 COLOR PHOTOGRAPH OF TYPICAL MONITOR WELL '(v�S�U U Ur CrIS��;S/IS WNQ U Tef. � r a .�r r ' ���x,10 Xe�v r 5 (�,�•,.�., id r�� .,.r' '� %t 4.N� •fir DFRNA,,d GSC;Mb fly Y �7 fu�J�''�:f�Y Y➢ �L7L��10 ATTACHMENT 3 PROTOCOL FOR DRILLING, MAINTAINING AND REMOVING OFF-SITE WELLS The proposed well will be installed to a depth of approximately 20 feet below ground level. It will be drilled with a mobile drilling rig with the first 4-5'being drilled by hand to decrease the possibility of damaging an unlocated underground line. Samples will be taken continuously using a 5'core barrel. The well will be constructed with threaded,2"diameter PVC pipe and installed properly to meet all appropriate local/state water well rules and regulations. The top of the well will be completed to be at, or slightly below, ground level and will be encased in an 8"diameter,"water-tight'steel manhole box in order to protect it and not interfere with typical, every day use of the land around it. The length of time required for installation is approximately four(4)to six (6) hours (actual time may vary). The area around the proposed well will be cleaned up after installation is completed. Guaging data and groundwater samples will be collected from the well once per quarter, or as directed by appropriate regulatory agency. The guaging and groundwater sampling, completed by one(1)person, will require approximately one and one-half(1%)hours (only once per quarter). When the well is no longer needed or required by the regulatory agency for groundwater monitoring, to the extent permitted to do so, the Environmental Consultant will plug and abandon the well according to appropriate State Water Well Rules and Regulations. After the well is plugged and abandoned, the area around it will be restored as stated in the temporary access agreement. 1]ED ATTACHMENT 4 BARRICADE PLANS sOU 1 �okr> 9AR¢kCA oC, PLA&) w o f- r- -y RNF�� r ';-\� 0, 125L12 T AZO LG FT �V1 yz�CK7 Q TUti2n/ (L�C� 1T..0` l o 6{� sx. f zo P,OA-D w V— C' I S� UN, T .EX D 1 17, iLop VJ 0 ISV, 0 ATTACHMENT 5 DEPTH OF SAMPLES, HOURS OF OPERATION, AND TIMETABLE Three soil samples will be submitted to the laboratory for analyses. The sample chosen for submittal will be based on the water level in the well and field screening for contaminants. The well should take between 2 to 3 hours to drill. All activities will be conducted from between 9 AM to 4 PM to avoid the additional traffic of rush hour. The well will be installed approximately 10 days after approval has been granted. ,PRI [C103 PD Ely t.'IIVIIp � a � lU ATTACHMENT 6 NOTIFICATION OF PARTIES The off-sites owners that have been contacted about access are the City of Fort Worth, The Color Wheel at 3232 W. 7th., and The Bombay Company at 550 Bailey Ave., Ste. #700. As stated in the TNRCC's letter dated, August 9, 2000 (copy attached), since they are only interested in locating wells in to the north and northwest, these are the only off-site owners which IT Corp. requested access for well installation. Attached is a utility locate form which was submitted on April 5, 2000, to locate underground utilities in the area and determine if there was an acceptable place to install the proposed monitoring well. Another locate will be done no more than 10 days and no less than 48 hours before drilling. vM �j �c U U. WED 11 :34 Ari 2 FAX NO. 33 P. 02 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION LPST CORRECTIVE ACTION RESPONSE FORM LPST,T.n: 110855 2/25/2000 Proposal For: QUARTERLY GW MONITORING (4 EVENTS/YR) GENERAL INFORMATION aTePST XD 110955 Priority: 4 .1 .coponsible Party 7-ELEVEN INC Tel : 817/341-8314 =acility # & Name a 0009213 7-11 #12542 Facility Add.rPss ; 3200 W 7TH ST ''kacility City FORT WORTH County: TARRANI' 'APM & Name CAPM00765 DONALD R. KUEHLER R.C'.AR k Name RCAS00429 IT CORPORATION TNRCC TECHNICAL RESPONSE f! •roposed activity is approved with the following modifications: 4s Office has reviewed the Annual Ground-Water Rcport, dated February 23, X00, and generally accepts Lhe information contained in the report.. . However, he Chain-of-Custody dated June 25, 1990, wao not copied properly and '!formation on this rec:uxid io missing. Pleace resubmit annt.her copy of this .ain-of-Custody reuurd for our review. The Annual Grrnind-Water Report will be :onsidered inuumylete until thin information is renPived. .411s approval is for 4 consecutive quarters of ground-water sampling and toni.toring for the oix monitoring we) l s (MW-1 through MW-6) at the site. A '*Lnual Ground Water Monitoring Report will be submitted upon completion of the ampling activities. Please incorporate the following modifications into your :ampling program. Please sample MW-1 , MW-2 , MW-3 , and MW-5 every quarter. ? Please Sample MW-4 and MW-6 semi--annually. Ground-water concentrations in "Mese wells have been historically below MCLS ( . 005 ppm benzene) making _aartPrly monitoring in necessary. k, Please sample MW-1 and MW-3 for 13TEX\MTBE\TPH(1005) . -i . Please sample MW-2, MW-4, through MW-6 only for BTEX\MTBE. TPH concentrations in these wells have been below screening levels for at least five 'ampling events. Continued TPH sampling will not be uecessary. Additional delineation wells will be required. However, this Office needs to +40dify the locations of the two monitoring wells. Please relocate one .onitoring wel'1 approximately 75 feel. down-gradient betwccn MW-1 and MW-3 . Thi.: one well would delineate the plume In the dawn-gradient direction. Please .jelocate the other well northwe6L of MW-1 acros3 Arch Adams etrppt . A Page 1 �:OUf" i��:; �Wi�111�U ni111-uy-/uuu WN) i i ;14 firl FAX NO. 33 P. 03 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION LPST CORRECTIVE ACTION RESPONSE FORM LPST-IDs 110855 2/25/2000 Propoaal For: QUARTERLY GW MONITORING (4 EVENTS/YR) TNRCC 't'RC'.HNICAL RESPONSE .itoring well in this r1i.rection would delineate the plume in the cross adient direction toward the west and would greatly aid in the overall ;gessment of this site. :mss Off.ir:P has honored, your request for assistance in obtaining off-site .,cess. Letters, dated 8/8/2000, were sent to Ms. Chris Cushman of the BaLbay ipany, Inc. and Mr. Gary Treadwell of the Color Wheel Paint Store requesLing t they allow your consultant access to their property for the in6Lallaticn of nese monitoring wells. A copy of these letters has been sent Lu your „psultant for their -records. Please notify this Office as suon as possible if are are continued issues with the installation of these wells . 'tease note that the preapproved cost shown i5 for 20 DTEX\MTBE and 8 TPH(1005) clyses on the 6 monitoring wells aL Lhe site. If a reduced ecope of work is mpleted, the maximum reimbursable cost will be adju3tcd accordingly. ACTI`IITY COST EUMW,,RY Pruyused cost : 8,381 .00 Maximum Pre-.Apprnved: 6, 843 .00 Signature: V- ,(� Date: 8/09/00 Telephone: 512/239-2200 Joyc i ota Co di a nr r Ju J" o 0 Page 2 UTILITY LOCATE FORM x'05-753 . - SITE NAME: 7-1 t/12514 Z Person Completing Locate: �Z Address: 32010 W 'S+ • R,-+ . ,)v-f11 Date Locate Completed: Cross Street: h aM t- Mapsco#: r-)(, County: Date of Work: �(-`?• 00 Marking Instructions: ,' Start Time: g':DO (:::A N W of Qct i -ems U �y,�,�� Digtess: 1-800-344-8377 Ticket#: 000 L?6 Z'XE- Will Contact: 6�US, f Comments: Gas Company: Phone#: Contact Person: Gas Pipeline: Phone#: Contact Person: ;. Comments: , Phone Compan : c`� ( Phone#: Contact Person: Comments: Electric CompAny:WU Phone#: Contact Person: r, Comments: ATT 1-800-252-1133 Ticket#: Comments: MCI 1-800-624-9675 Contact Person: Comments: Sprint 1-800-521-0579 Contact Person: Comments: it P` Cable Company: Phone#: Contact Person: u? L , � Q� Comments: Of Y Water/Sewer: G f- 0Y41"A Phone#: `x-11 i)Ne Contact Person: C Comments: -S-Jo J • Z O-lar11RencAocate.frm 0 theA fiAqwup FAX TRANS-MISSION 1201 6ELTLINE ROAD, STE 100 COPPELL,TEXAS 75019 (972) 341-8300 Fnx: (972) 341-8367 OR 8365 To: at D e. Fax#: �� �77 U nl �� Pages: (including cover sheet) From: �— Phone Fax: J972) 341-8367 COMMENTS: r This facsimile message is confidential. It may contain information which is privileged or subject to other confident L1--. 3 ' exemptions from disclosure under applicable law. It is intended solely for the use of the Individual(s)named above. If you are not the Intended recipient(s),or the person responsible to deliver it to the intended recipients(s),you are hereby advised that any dissemination or copying of this communication is prohibited. If you have received this facsimile message in error,please notify the sender by telephone collect and return the original message to the sender of U.S.Mail. Postage on return facsimile transmission will be refunded. N�ll 'MONROR (YELL BANKPROPERTY UNE - yv *SUBSURFACE I EATURCS CONCRETE. Mw- N ALLEY ------------- G) PROPOSED MONITOR WELL t 1 ♦ STORE A 125421 t 11W_3 �y(}(y(-2 3200 WEST 7 TH. ST. 1 t f' ��I T.------- I y i i RAISED t I t CONCRETE WALK t TANK PAD j 1 5�. I1 � ------ Mw-5+ 1 t ` VICINITY LEAP THE COLOR MMECL t 'O(qO 1 W. 6 TH r PAINT STORE VIL-4 TH ST, N 1 a m 0 30 60 �ot.to SCALE FEET g 1201 eaTUHE ROAD WEST 7 7H Sr SUITE Too ` COPP"TEXAS 7�5i00119 FLUOR DANIEL GTI ((e17))°17)3�NN11-tueSDoas rAz( l REV. HO.: DRAWING DATE: ACAO FILE: DISK 1 x 6SrTE.QWQ D PROPOSED A40NI-TOR WELL rARRAINT COUNTY LOCATION MAP GO.P.HCADOUAATERS U NT: PM; SOUTHLAND CORPORATION DK STOR NO.: 1254 LOCATION: CHECKED: 3200 WEST 7 TH STREET FORT WORTH. TEXAS 76107 DESIGNED: DETAILED: PROJECT NO.: FIGURE: n49201T --f r EXHIBIT A Description of Grantor Property The property is the 600 block of Arch Adams Street and the adjacent Right-Of-Way on the north side of Arch Adams Street, Fort Worth,Texas, northwest of the 7-Eleven Station located at 3200 West 7th Street near the intersection of Arch Adams Street and West 7th Street in Fort Worth, Texas. Description of Grantee Property r The property is located at 3200 West 7th Street, Fort Worth, Texas, near the intersection of Arch Adams Street and West 7th Street in Fort Worth, Texas. "AC� G' ca'DED r; 1T, ,rL 4�r1G1� FOR 4 ACORD DATE June 19 2001 �� '1 S.. " T M,f;, Ti^c-. ."z. `�� ..��fi,i ��2'f�.a��n �'_. ,•:. ,��� ea .z" �;€ ,✓.. .'i r, >�. 5, ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS AON RISK SERVICES OF TEXAS,INC. CERTIFICATES DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 2711 NORTH HASKELL AVENUE AFFORDED BY THE POLICIES BELOW. LOCK BOX 8 DALLAS,TX 75204 COMPANIES AFFORDING COVERAGE COMPANY American Motorists Insurance Co. (214)989-0000 A INSURED COMPANY B American Protection Insurance Co. 7-Eleven, Inc. COMPANY 2711 North Haskell Avenue c American International Specialty Lines,Inc. Dallas, Texas 75204-2906 COMPANY D 00 OVERAG .. 4"1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY 3ENERALAGGREGATE $ 1,000,000 QERCIALGENERALLBILITY 10/0112001PRODUCTS-COMPlOPAGG-A -0 00 $-Included CLAIMS MADE � OCCUR. PERSONAL&ADV.INJURY $ 1,000 000 OWNERS'&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000 000 IRE DAMAGE(Any One Fire) $ ED.EXP.(Any One Person) $ A AUTOMOBILE LIABILITY FSR006158-06 10/01/2000 10/01/2001 COMBINEDSINGLE LIN6r"r- 1,000,000 X ANY AUTO APTOS BODILY INJURY $ SCHEDULED AUTOS Per Person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS Per Accident) ROPERTY DAMAGE $ GARAGE LIABILITY NUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: $ EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ B WORKERS COMPENSATION AND 5BR002004-06 10/01/2000 10/01/2001 x TORY ATU- OR- '•- EMPLOYERS'LIABILITY EL EACH ACCIDENT $1,000,000 THE PROPRIETOR/ INCL. EL DISEASE-POLICY LIMIT $1,000,000 PARTNERS/EXECUTIVE EXCL. EL DISEASE-EA EMPLOYEE OFFICERS ARE: $1,000,000 OTHER C Pollution Liability PLS 6190203 11/24/2000 11/24/2001 Per Incident $10,000,000 Deductible $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS STORE#12542 See Attachment for Additional Information 3000 West 7th Street Ft.Worth,TX 76107-2713 •:EITIFICAT FIQ)l 17t ` .... CANG�IrI:ATION .., 74' ;;' City Of Ft. Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,. AUTHORIZED PRESENTATIVE AGQRES-5;{Z z, .. i lafu`�F�) ra ► t , e ATTACHMENT TO CER71FICATE OF LIABILITY INSURANCE CLIENT: 7-ELEVEN, INC. POLICY NUMBERS: PLS 619023, 5ABO38126-06 and F5R006158-06 ADDITIONAL INSURED: City of Ft.Worth Policies include a Waiver of Subrogation and Additional Insured As Their Interest iMayAppear•where--lr nnw fosp applicable, in favor of: City of Ft. Worth Description of operations: Right of way Use Agreement for EnvironmenlaitMonitoring betweem7-Elevenjftc., and The City of Ft.Worth which includes the monitoring of wells and environrinaentabsamptingwes -e mon>mtno 4801 ra- MARS 'A INC. CERTIFICATE QF.INSURANCE CERTIFICATE NUMBER CLE-000496676-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA,Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE Attn: Kristina Pirc(412)552-5199 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 6 PPG Place,Suite 300 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Pittsburgh,PA 15222. COMPANIES AFFORDING COVERAGE COMPANY 17800—CPL-01-02 IT A COMMERCE AND INDUSTRY INS CO INSURED COMPANY The IT Group,Inc., B AMERICAN HOME ASSURANCE CO IT Corporation& Its Majority Owned COMPANY Subsidiary Corporations C NATIONAL UNION FIRE INSURANCE CO.OF PITTSBURGH PA 2790 Mosside Boulevard Monroeville,PA 15146-2792 COMPANY D AMERICAN INTERNATIONAL SPECIALTY LINES CO. COVERAGESThis cerEMeIate,supersedes and replaces any previously issued certificate for the policy period.noted below- ,. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDIYY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 2,000.000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG S 2,000,000 A CLAIMS MADE rV_1 OCCUR GL-4178502 04/01/01 04/01/02 PERSONAL 8 ADV INJURY S 2,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S 2,000,000 FIRE DAMAGE(Any one fire S MED EXP(Any oneperson) S AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $ 2.000,000 X ANY AUTO B ALLOWNEDAUTOS RMCA4575743RA(AOS) 04/01/01 04/01/02 BODILY INJURY S B SCHEDULED AUTOS RMCA1467671 RA(TX) 04/01/01 04/01/02 (Per Person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S n AGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S B WORKERS COMPENSATION AND 4551214 AOS TORY OTH EMPLOYERS'LIABILITY (AOS) 04/01/01 04/01/02 X TWORY LIMITS ER E 4550498(AR,FL,MA,TN,VA) 04/01/01 04/01/02 EL EACH ACCIDENT S 2,000,000 F THE PROPRIETOR/ INCL 4550499(IL,LA,NY) 04/01/01 04/01/02 EL DISEASE-POLICY LIMIT S 2,000,000 PARTNERS/EXECUTIVE C 4550501 (OR,NV,W I 04/01/01 04/01/02 OFFICERS ARE:ARE: F.XCL ) EL DISEASE-EACH EMPLOYEES 2.000,000 OTHER CONTRACTORS POLLUTION EACH OCCURRENCE 1,000,000 D LIABILITY COPS2677811 04/01/01 04/01/02 AGGREGATE 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) Request Date: t%15/01 RE: 7-11 Inc.-City of Fort Worth. See Attached Additional Insured Endorsement and Waiver of Subrogation. CERTIFICATE HOLD15R CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_3a DAYS WRITTEN NOTICE TO THE City of Fort Worth CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Attn: Michael Gane De artment of Environmental Management LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES. 1000 Throckmorton Street Fort Worth,TX 76102-6311 MARSH USA INC. ` BY: Paul Hoyt'( MM1(9/99) VALID AS OF:06/15/01 DATE MM/DD/Y ) D®VTC®6AL dNFO� II ►T� � ` i Y _. OOOa9 CLE 7Cr01 0 6 15 01 PRODUCER COMPANIES AFFORDING COVERAGE Marsh USA,Inc. COMPANY Attn: Kristina Pirc(412)552-5199 6 PPG Place,Suite 300 E INS CO OF THE STATE OF PENNSYLVANIA Pittsburgh,PA 15222. COMPANY F ILLINOIS NATIONAL INS CO 17800—CPL-01-02 IT INSURED COMPANY The IT Group,Inc., IT Corporation& G N/A Its Majority Owned Subsidiary Corporations 2790 Mosside Boulevard COMPANY Monroeville,PA 15146-2792 H TEXT CERTIFICATE HOLDER/CLIENTS/OTHERS ARE AN ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR IN CONNECTION WITH THE GENERAL LIABILITY AND/OR AUTOMOBILE LIABILITY INSURANCE POLICIES IDENTIFIED IN THE AGREEMENT (AS HEREAFTER DEFINED);PROVIDED,HOWEVER,THAT THE COVERAGE PROVIDED HEREUNDER IS AND SHALL BE STRICTLY CONSTRUED AND STRICTLY LIMITED IN ACCORDANCE WITH THE FOLLOWING: (A) SUCH INSURANCE SHALL PROVIDE COVERAGE ONLY FOR THOSE RISKS,OBLIGATIONS,LIABILITIES,AND OCCURRENCES FOR WHICH INSURED IT IS LIABLE UNDER THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT BY AND BETWEEN IT AND CERTIFICATE HOLDER PURSUANT TO WHICH THIS CERTIFICATE HAS BEEN ISSUED;AND (B) IN NO EVENT SHALL THE INSURER'S OBLIGATIONS,DUTIES,RESPONSIBILITIES OR LIABILITIES,EXCEED OR EXTEND BEYOND THOSE OF IT UNDER THE AGREEMENT;AND INSURER SHALL BE ENTITLED TO THE BENEFIT TO ALL DEFENSES AVAILABLE TO IT UNDER SUCH POLICY(IES) AND TO IT UNDER THE AGREEMENT;AND (C) SUCH COVERAGE SHALL BE SUBJECT TO ALL EXCLUSION,EXCEPTIONS, LIMITATION,RESTRICTIONS AND REQUIREMENTS SET FORTH IN BOTH SUCH POLICY(IES)AND THE AFORESAID AGREEMENT;AND (D) SUCH INSURANCE SHALL BE EXCESS OVER ALL OTHER APPLICABLE INSURANCE;AND (E) UPON COMPLETION OF EACH INDIVIDUAL SERVICE WHICH IT IS REQUESTED TO PERFORM,CERTIFICATE HOLDER/CLIENT/OTHERS STATUS AS AN ADDITIONAL INSURED SHALL TERMINATE WITH RESPECT TO SUCH SERVICE. CERTIFICATE HOLDER x a t City of Fort Worth Attn: Michael Gange Departmentof En-Xronmental Management 1000 Throckmorton Street Fort Worth,TX 76102-6311 ;p!$ INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. The IT Group, Inc. Waiver of Subrogation Endorsement It is understood and agreed that the Comparuy, in the event of any payment wider this policy,waives its right of reco- against any Principal, but only at the specific«7itteii request of the Named Inured either before or after loss, wherei waiver has been included before loss as part of a Contractual wideitaldng by the Named Insured. This waiver shall apply only with respect to losses occuiriiig due to operations uuudertaken as per the specific contrac existing between the Named Insiued and such Prilucipal and shall not be constnied to be a waiver with respect to otlit operations of such Principal in which the Nwned Insured has no contractual interest. No waiver of subrogation shall directly oruidirectly apply to any employee or employees of either the Named Insure the Principal, and the Conuparuy reserves its right or lien to be reimbursed from any recovery fluids obtained by any ij employee. This waiver does not apply Bi airy jiuisdiction or situation where such waiver is held to be illegal or against public pc in any situation wherein the Principal against whose subrogation.is to be waived is fouuud to be solely negligent.