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HomeMy WebLinkAboutContract 36472)�( Tau�r l DEC 172007 IU ILI !IWT*Tn537TZ:7Xffi I�1VOW ALL PERSONS BY THESI, g g �,��F,T�JT RIGHT-OF-WAY USE AGREEMENT TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING This Agreement is entered into by and between the Ciiy of Fort Worth, ahome-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City", acting herein through Libby Watson, it's duly authorized Assistant City Manager, and Elhamad Enterprises, 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: I. GRANT OF USE 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-9", to be located withiII to be located wn the City Right -of --Way adjacent to the south side of 4133 East Berry Street. Legal Description: San Roe Addition, Block 5, Lot 9A1, Fort Worth, Tarrant County, Texas. B. Users shall submit to the City's Traffic Engineer a Traffic Control Plan for written approval prior to the commencement of any work under this Agreement and shall provide a copy of such approved Traffic Control Plan to the Environmental Manager. C. User shall have no properly rights to any City property or right -of --way in which the well is installed and environmental sampling is conducted, and access to the pr-operty shall be nonexclusive at the City's discretion. 2. REGULATION OF CONSTRUCTION A. User shall conduct environmental sampling in accordance with federal, sfiate and Local laws and regulations. Right of IYa}� Use Agreement jot• L•pvlt•omrterttal Atonitoriug Llhmnnd Enteryris�s, Ltc. 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 April 24, 2006 and User's Formal Request, dated June 9, 2006 and which are hereby attached as Exhibits "B" and "C", both of which are incorporated into this Agreement by reference. The top of the manhole box for the well shall be completed to be at, or slightly above ground level and will be encased in an 84nch diameter, water- tight steel manhole box along with a minimum 244nch by 244nch concrete slab that is sloped back to ground level, in order to protect it and not interfere with everyday use of the land around it. 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 perfoi�ns 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 Water, Earth Solutions & Technologies, Inc., which is a state -licensed environmental drilling finrr, to install Lite 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 parry, 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: a. 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; b. So that there is minimal disturbance to traffic and to the peace of the surrounding neighborhoods; Iirsh! of (dory Use Agreertrer:t for Fm�iravnenlal A/onirorirrg Page 2 �l72 Tlhnnmd Cn7er��rises, Lrc. x lr c. So that no discharges are made to either the City's municipal separate storm sewer system or to the sanitary sewer system; and d. So that the openings to the monitoring wells are protected at all dines with properly functioning locking caps. 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 require its contractor to contact the City's Depaifinent of Engineering and the City's Traffic Engineer at least forty-eight (48) hours before drilling commences, and farther require its contractor to comply with all requirements of the City's inspectors. No work under this Right -of -Way Use Agreement shall begin until authorized in writing by the City's Street Management Division of Transportation and Public Works Department. K. User shall ensure that it has received written clearance fiom 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 Commission on Environmental Quality, upon request of the City or otherwise, RigGrnf ?,'a�- Use,4grecnrentforF_nrironntentnldfonitoring EUimrtad Enterprises, /nc. Frrge 3 of/l shall be provided to the City at the same time that such information is submitted to Texas Commission on Environmental Quality. 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 be undertaken at User's sole cost and expense in accordance with the procedures and standards set forth by the Texas Commission on Environmental Quality and/or the United States Environmental Protection Agency. 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 dishirbed 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 havve 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 Iife 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 a ate same ai the ex enwe ofUser,--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. Rig/rt of Dray Use Agreerttenl jor•Errrironnrental d/onilming Pnge 4 of l2 Elhanurd Enterprises, Iitc r 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 -way. 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. C. City reserves the light 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. 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 Commission on Environmental Quality, 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. ,2i;;hra(1Pay Use�lgreemerNjorEm�irronrrrerrfrrt�lJarrilprirrg EIFr<:nndGnter�r•ises, hrc. Pale S oj12 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 uninatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a 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 ue ereunder; and c. Liability to any third person or govenunental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. 2. Environmental regalire!ne!zts shall mean all applicable present and future statutes, regulations, rules, plans, authorizations, concessions, fiauchises, 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 Ri�l�t of (!cry UseAprcementfa-Errniro»rnen[n!hlonitorirrg I?lhnr»nd E»ter/�ri,�s, hu. Pnge 6 of ! 2 r � 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 b. All requirements pertaining to the protection of the health and safety of employees or the public. 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, INDEI%JINIFY, 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 REQUIREMENTSARE- AUSED—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. Right n(IYay Use ifgreentent fr�r Envirorunetrtal Alanitaring Page 7 of Il L'7hantad Enterprises, Ltc. � s 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 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. $2,000,000.00 aggregate. 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 t�following insurance coverage: 1. Commercial General Liability Insurance: $1,000,non .00 per occurrence combined single limit for bodily injury and property damage 7.. Automobile Liability Insurance: a. $1,000,000.00 each accident; or $250,000 Property Damage and $500,000 Bodily Injury per person per occurrence. b. Coverage shall be on "any auto", including leased, hired, owned, non -awned and bonowed vehicles. 3. Workers' Compensation hsurance ITight of 11'ay Use rtgreenrenl for Snriru�unenittl Monitori�a; Page 3 of 12 Elltnnn�d Enletprises, Lic. � 9 a. Statutory limits for Workers' Compensation; and b. Employer's Liability: $100,000.00 each accident/occurrence; $100,000,00; and disease -each employee; $500,000.00 disease -policy limit. C. All policies shall contain the following endorsements: 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 Ue 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 Risk Manager. E. The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of the Risk Manager. -- F—Programs of self insurance-ii� liei�ofcommercial-insurance-policies-shall-be-assessed- and as appropriate, approved by the Risk Manager; 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. G. The deductibles or self insured retention (SIR) affecting the insurance coverage required shall be acceptable to the Risk Manager, and in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved. H. 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 Envirom-nental Management. I. 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. Right ojriray Use �1gr-eement jor•Fr:rironmenta! Ado,rKoring Page 9 ojl2 Elhamad Lntz:rprises, Lac. J. revise insurance requirements specified herein, at its sole discretion, to The City may rev protect its interest, giving ample prior notice to User. 10. CONSIDERATION In consideration for the use herein granted. User agrees to pay Ciiy 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 regulating and monitoring the use agreement activities specified herein. 11. NOTICE Any notice or communication required in the administration of this Agreement shall be sent as follows: If to City: Mr, Brian Boerner, Director Dept. of Environmental Mgt. City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102-6311 If to User: M1z0 0WL i� Lk" 5tAt 1�fn 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 fiom all contractual obligations to the City, except that all of User's duties, obligations, and Inabilities 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 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 Commission on Environmental Quality, whichever period is longer. The requirements iinposed under Right of i�fay Use flgreentenl for Eu vironrnealrrl Almritm irr,q Glhrrnurd Enterprises, hrc. Pave 10 of I Paragraph 5, "RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY shall survive for 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, whichever period is longer. 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 Ordinances of City and the laws of 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. Tlus 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 DC 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. Texas. ]6. VENUE Venue of any suit or cause of action under this contract shall lie in Tarrant County, 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 Rill force and effect. Fight of{T'r�yC'ce�Igreementforinrit'onmerHrl,lln;iitm'irrg Pnge 11 of12 Fliurn:ad Lntei7u ices, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate originals in Tarrant County, Texas. ELHAMAD ENTERPRISES, INC. B N TITLE: „ o Date Signe : / _ C „ -? CORPORATE SEAL: J. r ame: CITY OF FORT WORTH Assistant City Manager Date Signed: / ' ;'' 0 9 APPROVED AS TO FORM ATTEST: Marty IlendriQ,'City Secreta�t No M&C required cr1080.g6vl '*\ Right of 11'ny U.ce.lgrcenrent fc,• m=irortmental Aforrita•ing Elhmnnd Enterprises, hrc. Yrrge 12 of 12 Exhibit A Exhibit � Inca Apxi1245 2006 City of'Foxt Worth, Texas Environmental Management Department, Compliance 1000 Throckmorton Street Fort Worth, Texas 76102-6.311 Re: Informal Regrcest, for Subsurface Ettvironrnental Sampling in City of 'Fort Worth Righ t"qfnii Way Along E. Bet fy Street North of Omar's Food Store at 4100 E. Berry Street, Ft. Worth, Texas TCEQ LPST Site No. 113744 Dear• Siz or Madam: On behalfofElhamadEnterprises, Inc.. (Elhamad), Water, Earth Solutions & Technologies, Irlc.. (W.E.,S.,T.,, inc..) presents this informal Request to pexfozm subsurface environmental sampling in the City of Fort Worth's right -of --way along E. Berry Street, just north ofthe Omar's Food Store at 4100 E. Berry Street in Fort Worth, Texas (subj ect property) . This request is based on Chapter 12.5 ofAxticle 1, Division 4 of 'the City off ort Worth Environmental Code, which describes the procedure forpropexty owners to execute agreements with the City of Fort Worth to allow subsurface environmental sampling and the placement of'groundwater monitorwells in Citynght-ofway, Cityeasements and other Cityproperty without the prior appx oval ofthe City Council . W.E . S . T Inc.. has made efforts to obtain access to the private pi operties along the north side of'E.. Berry Street, but at this time has been unable to secure legal access to said properties. the subject property is registeredbythe Texas Commission onEnvir•onmental Quality (TCEQ} as Leaking Petroleum Storage Tank(LPSI}SiteNo..113744.. lnanOctobex 17,2001 Corrective ActionRespozlse Form (or CARF, a copy of 4which is attached at this time for your reference), TCEQ authorized the installation of•three ground watermonitorwells to evaluate the extent ofresidual petroleum impact in the groundwater beneath the site and immediate vicinity. Iwo of these monitor wells (MW-7 and MWFl were installed in December 2005, while the third approved well (1\4W-9) has yet to be installed The attached figure depicts the monitor wells installed at/near the subj ect property to date (MW-1 • .8) and the location ofthe remaining approved monitor well (MW-9) inthe Cityiight-of= way that will facilitate the horizontal delineation of the identified impact.. 17120 Dallas Parkway, Suite 240 Dallas, Texas 75248-1139 (972) 3849444 • FAX (972) 380-9449 «�vGv.waterearth.com City af'Fort Worth Environmental Management Depin tment 4pril24, 2006 Page 2 W.E.S..I.,, Inc. will contract the services of a Texas -licensed driller to install a 2%diameter, 3O' deep (anticipatedmaximum), PVC groundwatermoxutor well utilizinghollow stem auger drillmgmethods, which was the drillingmethodutilizedpreviouslyfortheotherwellsinstalled during this prloject, Themonitoz-well NM be finished with a locking cap and steel manhole set in concrete, flushwiththe existing grade (so as not to interfere with landscaping activities).• Drilling and sampling equipment willbe decontaminated before the boning, to minimize the risk of cz•oss-contamination.. The sail boning will be continuously sampled ontwo-foot or five-foot centers,• Soil samples will be examined inthe field by an experienced W E.S.I.•, Inc. geologist, engineer or environmental specialistfor the purpose of *describing soil lithology and assessing-thepotentiallpresence of acontimination Soilsamples NU be visually classified in accordance with the Unified Soil Classification System (USCS), equivalent to ASTM D 2488, Sample depth, lithoiogy, color, structure, staining, and hydrocarbon observations (ifany) willbe described and recorded, Aportion ofeach soil sample will be field -screened with aphotoionization detector (PID), a type of'organic vapor analyzer (OVA).. Up to three soil sample per monitor well boring will be collected for offsite analytical laboratory analysis far petroleum. constituents, as requu•edby TCEQ•. Ihemonitorwellwillbe developedimmediately afterinstallationbyremoving suspendedfinematerialsfiom the wells with pumps and/or dedicated tubing or bailers The wells will then be allowed to equilibrate/stabilize for no less than 24 hours., After initial well stabilization, an appropriate volume of water (typically at least 3 well volumes or•untU well is dry) will be removed from eachwell to ensure the collection of'a groundwater sample that is representative ofthe formation.. A groundwater sample will be collected aomthe monitor wellwithnew, dedicated, polyethylene bailers orbyutilizationofapenstaltic pump with dedicated tubing, and analyzed for petroleum constituents as directed by ICEQ.. Upon completion ofthe installation ofthe monitorwells, the location and elevation of each monitor well will be surveyed relative to an on -site benchmark; depth to gioundwaterreadings will allow for• accurate evaluation ofthe direction of'groundwaterflow *in the vicinity. Periodic sampling ofthe groundwater*in the monitor Well will most likely be required by the T CEQ until suchtime that the ICEQ's LPS T Case is closed (Le.,, the identified impact is addressed and/or cleaned up to satisfy state regulations).. Once T CEQ grants LP S T case closure, the monitor well can be plugged and abandoned in accordance with State water well drilling regulations_ Samples for laboratory analysis will beplaced in laboratary-supplied, clean, glass j ars and capped with f�uorocaxbon lined lids . Each sample j ax label will include the location, lD number; depth, date, time, sampling personnel, and analyses required. Each sample will then be chilled to a temperature ofw approximately 4 ° Celsius byplacement in a cooling chest containing ice until delivery to the approved laboratoryforanalysis. All sampling activities will bepetformedinaccordance with appropziateChain-of- Custody protocols.. Management of'field-derivedwastes (drilling soil cuttings and decontamination/purge/developmentwatex) generated during the subsurface investigationwill be consistentwith applicable State of'Iexas laws and regulations.. These wastes will be stored in 55-gallonD..O. T_-approved drums and staged on the subject site m a secure area (i .e,, out ofthe City right-of-way).. W.•E.S .T.., Inc.. will coordinate the proper; legal and documented disposal ofthesewastes in accordance withapplicable federal, state and local regulations. City of'Fort Worth Environmental Management Department 4pril24, 2006 Page .3 Please do not hesitate to contact me at your first convenience should you have any questions or need clatification regarding this matter.. I look forward to working withthe City of F oit Worth on accessing its tight -of --way to investigate the identified impact on the subject property.. Very truly yours, WATER, EARIII SOLUTIONS & TECHNOLOGIES, INC. Robert D Williams, P.E.. Project Manager RDW.. rw �Ittachn�ents • TCEQ C�4RF dated October 17, 2DOI Figure 1 - Site Map 111ustratingProposed Monitor Well Location �� DE'G--1$-2Q01 TI�� 04�33 F�f �J._ FAX N�. 33�'�� P, Q3 �F�T (::f�1�C:TI�� AT��� ��PC�I�� .�� ## 9��.zf 2q0� ,�rop�sa.l. Fob. t�TH�R. -� AS���SMEN'� GENEF2AT � I�j�`ORMI�TI�N LFST� I:U 5�.3744 B�ioxi.ty': � � �. . R�spotisz�le k'z�'ty �T�HANt�D Fr,NTER�'RIS�S TNC �'eI e $1.7/a�7 -67�3 �'�.o3.1.i.�y° � 6c Name gg35�4�., C7M�R� ���� SZ'C?RF 5 Faoi2i.�y Ad,d�c;�� �1.Q.a � BE1�Ity Sty � . �'�s�,Zity. City £OW.�" WQ1�TH Cc�tarl�y: 'I'�RANT C�1��I & �Tat1Z� GAPMU.151,� BILK �,TT'�LE I2C1�S Sr NaTTt� . RC;,�SgOx.�O WI�`I'ER., EAi�`I`H 5�3:,UTIC�NS AND `I'�,�C-`�NC)I.rOC�i'ES TNR-C:C . TECHNICAL RES.PC��TSE Px�opos��. a�t.�.v�.ty is ap}�xoved wzth the fol.lc�w�.ng t�adifi,�ati��.a: Thy TNR�'t� hay re�ei�ted �.tze Eie'1.d_Actitrity Report= the Aasesstnent Repox� k'axtn �dd�n�t�t�, : artd the attached proposal dated Septemb�� 1.1, 2�t��.:. A x�view cif the xep©xts w'a� �ei:�orrne�.. The x�epaxGs sati��y the TNRCc��s� ��ecluzrem�nt for �antezzt... Thy gro�Zo�a.l i.s a�px��ived with mc�difi.oatiaria. Tkt� app;�over�� zc�.��tz�.y z.ncl�tdes; - 1 �. '��cs ans�aZ�a�ic�n and �Qil- samgli.ng of one on-szt.e and two off `�ea,�e Gx�auxtc�wa.L'ex Ma�za�c�riiag.We�.1s (�"x'�p'} a �`7.�ase install the P�iazzitUx Wet �.� a� izzd� cited on the attached sites r�tap, �) Nine �TEX/'TgI�I ss�i1 ��.�npl�es . �.Zl �raU4.t; �ar�nla,��.� cows are irz�Iud�d in the a�ssca�i.�.tcd C`r�.,�F sir ��'r�uzzdt:=apex MCa21? t e7��7.I1� .. 'the �xe�`�t fo�� a Vapox' Span has be�ra. a�aprr�ved. Hcawavex, please ba �wax� i:ha�. �Tapc�� Seazz is only payable i� i.�. ha.s nc�-� been pxeviat.z�'Ly rcXr�t'�ur��d. P7.e�.se aee. the �.t�.�ohed sp��adsh�et. ic�x° the ap�arvved cots. F�.�ase be awaxe that fc�� all. field wank, you a.re x�c�ui�ed. tc� x�at�:fy the ap�x:c��x��.s,te �TN`I2C:C fief �afti.ce no later I:hazz lq days �n advance of eoxzd>_tcting �h�, aTapx�sved acta,vity'. �DF;C-18-��Otll TUF. 04:34 PM �- FAX FiO, 33( -- P, q4 �i.F�?-�1�.1 ������ iR�1..7Lt 1..1.�J �' .EJicS�� 7 �.1 �4+'''�"l�' ""?��+\`.'I`���LF�i 1 l--?�i..' ,1 tiF`�.+F �-j--a S./ i. JI�I--i �V i �,i./ �J—•i 1 �/1� ���.:�/�no�. �x'c�gc��a� �a�: o�xE� �� �����M�� F�r��Q�ed �:a�� r"' 17�� �G�� ��4♦ f �oord�:xla��x TNRC'C `T�CHNI.�A�, �ESF��S� ,. AC".TIV,T,�`� �US'� SLT�IMA12.'Y �,�3�a,t�Q ��Xlmrirc] Pxe��ApFrt�y�dz 1�:,�1.�5.�0 t�: �:Q f 1.7f (l1 '��le��horie: 5i� f 73�-�?Qb Exhibit C Ine. June 9, 2006 Ciiy of Fort Worth, Texas Environmental Management Department, Compliance 1000 Throckmorton Street Fort Worth, Texas 76102-6311 Re: Formal Request for Subsurface Environmental Safnplir:g in City of Fort Worth Right -of -Way Along E. Berry Street North of Ontar's Food Store at 4100 E. Berry Street, Ft. Worth, Texas TCEQ LPST Site No. 113744 Dear Sir or Madam: On behalf of Elhamad Enterprises,Inc. (Elhamad), Water, F.atth S olutions &Technologies, Inc. (W.E.S.T., Inc.) presents this Formal Request to perform subsurface environmental sampling in the City of Fort Worth'srlght-of--way along E. Berry Street, justnorth ofthe Omar's Food Store at 4100 E. Berry Street in Fort Worth, Texas (subj ect property). This request is based on Chapter 12.5 ofArticle 1, Division 4 of the City of Fort Worth Environmental Code, which describes the procedure for property owners to execute agreements with the City of Fort Worth to allow subsurface environmental sampling and the placement of groundwatermonitorwells in Cityright-of--way, City easements and other Cityproperty withoutthe prior approval ofthe City Council. The Informal Request for this drilling access was granted on Apri126, 2006 by your office. BACgGROUND & PREi�lOUS SAMPLINGACTIVITIES The subject property is registered by the Texas Commission on Environmental Quality (TCEQ) as Petroleum Storage Tani �rST) FaciliiyNo. 3544 i, with three S,uOC-gallon gasoline underground storage tanks (USTs) that were reportedly installed in 1976: Whenthese USTs were removed from service and from the ground inNovember 1998, apeiroleumrelease was discovered and reported to the State, and the facility became registered Leaking Petroleum Storage Tank (LPST') Site No. 113744. Since the petroleum release was reported prior to December 22,1998; the LPST Site was eligible and has been participating in the Petroleum Storage Tank Reimbursement Fund. 17120 Dallas Parkway, Suite 240 I}allas, Texas 75248-1139 (972) 3849444 •FAX (972) 380-9449 wwwivatereaz th.cotn City of Fort Worth Environmental Management Department Formal Request for Subsurface Environmental Sampling Tune 9, 2006 Page 2 Since the discovery ofthe petroleum release atthe site, eight (8) groundwater monitor wells (MW-1.08) have been installed (from April 1999 to December 2005) on the subjectproperty and an adjacentproperty to its east. These monitor wells have been installed and sampled in order to delineate the lateral and vertical extent of the identified release and impact to subsurface soils and groundwater. Due to the detected presence ofpetroleum in the groundwater in three wells (1VIW-3..5) along the north subject property line (i.e., south side of Berry Street), it is necessaryto install an additional monitor well (NW-9) f nthernorth, along the north side of Berry Street, in order to delineate the impact inthat direction. TCEQ directed the installation ofthis additional monitorwell (MW-9) andtwo othermonitor wells (MW-7 and MW-8) in an October 17, 2001 Corrective Action Response Form (CARF), a copy of which is provided as an attachmentto this Formal Request. Figure 1, depicting the site layout, the existing monitor wells (MW 1..8) and the proposed monitor well location (MW-9), is also provided as an attachment, for your ease of reference. In conjunction with the contamination delineation described above, quarterly/semi-annually groundwater monitoring (i.e., sampling and analysis) and limited phase -separated hydrocarbon (PSH, or free product) reoval (by hand bailing and sorbent socks) has been since 2000. Tables summarizi mng the laboratory analytical results of soil and groundwater sampling are provided as attachments to this Formal Request for your reference. DOCUMENTATION OFEFFORTS TO DRII L ONNON-CITYPROPERTY Elhamad Enterprises and TCEQ (formerly Texas Natural Resource Conservation Commission, or TNRCC) have made several efforts to obtain access to the private property closest to the proposed groundwater monitor well location, but to date have been unable to secure legal access to that property. On July 19, 2002, Mr. Omar Elhamad of Elhamad Enterprises sent an access agreement via certified mail to theproperty address (4113 East Berry Street, Fort Worth, Texas 76105) after failing to contact anyone directly on the property and being unable to find a telephone number for the property owner/occupants. The July 19, 2002 letter was returned by the U.S. Postal SCINice after repeated attempts to deliver the correspondence. On August 26, 2002, Mr. Elhamad informed the TNRCC of his inability to contact the adjacent property owner and requested the agency's assistance in the matter. On September 27, 2002, Mr. Bob Patton, Jr., TCEQ Site Coordinator, acknowledged receipt of the August 26, 2002 correspondence from Mr. Elhamad and stated that the TCEQ would also tryto contact the off -site land owners (note: amonitor well on the other property, 4108 E. Berry Street owned by Horizon Investment Group, Inc., has already been installed). To date, the TCEQ has also been unable to contact the owner ofthe4113 E. Berry Streetproperty, which is the property closest to the proposed monitor well location. As of the date of this Formal Request, Tarrant Appraisal District Internet records indicate the property is still owned by the same party, and W.E. S.T., Inc. was unable to find aphone number for the party. Copies of the above -mentioned correspondence are provided as Attachment 1 to this Formal Request. City of Fort Worth Environmental Management Department Formal Request for Subsurface Environmental Sampling Time 9, 2006 Page 3 DOCUMENTATIONOF CONTACTS WITHSURROUNDING UTILITIES On May 1 and May 5, 2006, W.E.S.T., Inc. submitted Texas Excavation Safety System (TESS) Locate Request Nos. 061217121 and 061254891, respectively, to locate and/or clear subgrade utilities in a clearly marked, white -lined area along the north side ofthe 4100 block of East Berry Street (across the street from the subjectproperty). A copy ofthe TESS utility location requests are provided as Attachment 2 to this Formal Request. The following parties (utility providers or associated utility field locator companies) were contacted by TESS for these utility location requests: • Aimos Energy • TXU Electric • Charter Communications • Southwestern Bell Cable Company • SM&P (utility locator company) On May 16, 2006, W.E.S.T., Inc. visited the City of Fort Worth Engineering Department offices to ascertain readily available information regarding municipal utilities in the vicinity ofthe 4100 block of East Berry Street. W.E.S.T.,Inc. obtained copies of City records/plans depicting the locations ofpotablewater distribution lines, storm sewer lines and sanitary sewer lines. The identified utility lines are shown on Figure 1 attached. OnMay26,2006,W.E.S.T.,Inc. returned to the site to photo -document and record any field markings made byutility companies and utility locator companies. The identified utility lines are also shown on Figure 1 attached. Just prior to mobilizing to the site to install the monitor well, W.E. S.T., Inc. will contact TESS to update its utility locate request. Per your suggestion, W.E.S. 1 *3 Inc. will also contact the City of Fort Worth Water Department before drilling to have the city's utilities in the area cleared as well. DROI'(%S'ED I�iTELL DN.iTALLATIciN W.E.S.T., Iris. will install one 2"-diameter, with i 5' -PA . Al Aft 1o Drilling activities will be performed during daylight hours, between approximately 8:00 a.m. and 6:00 p.m. CST. W.E.S.T.,Ina. contends that bamcadingofthestreet will not benecessary toinstall this monitor well, but orange construction safety cones will be staged around the drilling area to alert and protect the general public during drilling activities. The boring locationwas selected based on ameasured generallynortherly ornorthwesterly groundwater flow direction observed beneath the subject property. The exact location of the monitor well will be determined inthe field and will take into consideration W.E.S.T., Inc.'s intentionto avoid/minimize damage to existing structures/pavement (streets and sidewalks) and potential encounters with any/all existing utilities. The monitor well will be finished with alocking cap and a steel manhole set in concrete; flush withthe existing grade. Drilling and sampling equipment will be decontaminated before the boring, to minimize the rI sk of cross -contamination. The monitor wells installed to assess the extent of contamination identified at the subj ect property will be in service until suchtime thatTCEQ administratively closes its Leaking PST (LPST) Case (No.113744) on the facility by issuing a "No Further Action is Required at This Time" letter. At this time, closure ofthis ,PST site is anticipated to be achieved within 18 to 24 months. Upon TCEQ's closure of its LPST case, it will be the responsibility of Elhamad Enterprises to retain W.E. S.T., Inc. to properly plug and abandon the monitor wells in accordance with Water Well Drillers Rules contained in Texas Administrative Code Title 30, Chapter 338. In short: the PVC monitor wells and surface completion materials will be removed from the ground, most likely with a drilling rig; the borings will be filled with a cement or bentonite slurry from the bottom ofthe boring to not less than two feet below ground surface; and, a cement plug will be placed in the top two feet of each boring; and, the areas immediately surroundingthe monitor well locations will be restored to match the existing area, whether it is vegetated or paved. Management offield-derived wastes (drilling soil cuttings and decontamination/purge/development water) generated during the subsurface investigation will be consistent with applicable State of Texas laws and regulations. These wastes will be stored in 55-gallon D.O.T.-approved drums and staged on the Omar' Food Store site in a secure area. W.E.S.T., Inc. will coordinate the proper, legal and documented disposal of these wastes in accordance with applicable federal, state and local regulations. p RO�'GSED �AM"Ls1Y��4,rTIYIT7-rS The monitor well boring will be continuously sampled ontwo-foot orfive-foot centers. Soil samples will be examined inthe field by an experienced W.E. S.T., Inc. geologist, engineer or environmental specialist fort he purpose of describing soil lithology and assessing the potential presence ofcontamination. Soil samples will be visually classified in accordance with the Unified Soil Classification System (US CS), equivalentto ASTMD 2488. Sample depth, lithology, color, structure, staining, and adverse impact observations (if any) will be described and recorded. A portion of each soil sample will be field -screened with a photoionization detector (PID), atype of organic vapor analyzer (OVA). Three soil samples from the monitor well boring will be collected for off -site analytical laboratory analysis for Total Petroleum Hydrocarbons (TPH, by Texas Test Method 1005), and Benzene, Toluene, Ethylbenzene and Xylenes (BTEX, by USEPA Test Method 8021), as directed by the October 17, 2001 TCEQ CARF. City of Fort YPorth Environmental Management Department Formal Request for Subsurface Environmental Sampling June 9, 2006 Page 5 W.E.S.T., Inc will develop the monitor well immediately after its installationby removing suspended fine materials fromthe wells with pumps and/or dedicated tubing or bailers The well will then be allowed to equilibrate/stabilize for no less than 24 hours. After initial well stabilization, an appropriate volume of water (typically at least 3 well volumes or until well is dry, whichever occurs first) will be removed from the well to ensure the collection of a groundwater sample that is representative ofthe formation. A groundwater sample will be collected from the monitor well with anew, dedicated, polyethylene bailer or by utilization fa. peristaltic pump with dedicated tubing, and analyzed for TPH and BTEX. Upon completion ofthe installation ofthe monitor well, the to cation and elevation of ther well will be surveyed relative to an on -site benchmark; depth to groundwater readings will allow for accurate evaluation of the direction of groundwater flow in the vicinity. Samples for laboratory analysis will beplaced inlaboratory-supplied, clean, glass j ars and capped with fluorocarbon -lined lids. Each sample j ar label will include the location, ID number, depth, date, time, sampling personnel, and analyses required. Each sample will then be chilled to a temperature of approximately 4 ° Celsius by placement in a cooling chest containing ice until delivery to the approved laboratory for analysis. All sampling activities will be performed in accordance with appropriate Chain -of - Custody protocols. Duringthe service period ofthis well, which is anticipated to be approximately 18 to 24 months, W.E.S.T., Inc. will be required byTCEQ to conduct quarterly groundwater sampling ofthis monitorwells. W.E.S.T., Inc. will inform the City of Fort Worth Environmental Management Department of details regarding the sampling schedule of this monitor well as they are determined during the project. This type of sampling does not involve any type of heavy equipment, only personnel equipped with disposable polyethylene bailers and/or small peristaltic pumps. Soil and groundwater sampling activities will be performed during daylight hours, between approximately 7:00 a.m. and 6:00 p.m. CST. W.E.S.T., Inc. contends that barricading ofthe street will not be necessary to sample these monitor wells, but orange construction safety cones will be staged around each well during drilling activities to alert and protect the general public at all tunes that the heavy drilling equipment is operated. W.E. S.T., inc. anticipates no disruption to traffic or nearby businesses. W.E.S.T., Inc. will be responsible for the soil and groundwater sampling of these wells. Pertinent information regarding W.E.5.T., Inc., including contact information and company qualifications, is provided as Attachment 2 to this Formal Request. The following person will be the Project Manager, who willbe responsible for the W.E. S.T., Inc. sampling activities and available to answer any questions the City ofFort Worth may have about this project: Robert D. Williams, P.E. Senior Civil &Environmental Engineer Office phone: 972.380.9444 ext. 207 Mobile phone: 214.675.7602 City of Fort T3'ortlt Environmental Martage7tientDepartment Formal Request for Subsurface Environmental Sampling June 9, 2006 Page 6 -000- Please do not hesitate to contact me at your first convenience should you have any questions or need clarification regarding this matter. I look forward to working with the City of Fort Worth on accessing its right -of --way to investigate the identified impact on the subject property. Very truly yours, WATERS EARTH SOLUTIONS & TECHNOLOGIES, INC. TCEQ RCAS No. 00120 RobertD. Williams, P.E., TCEQ CAPM No. 0123 0 Project Manager RDW rw Attachments: TCEQ CARF dated October 17, 2001 Figure 1-Site Map Illustrating Proposed Monitor Well Location Figure 2 - Typical Construction Details for Proposed Monitor Well Table I - Summary of'Historical Analytical Data - Soil Table 2 - Summary of Historical Analytical Data - Groundwater Attachment 1-Correspondence re: Access to Adjacent Property Attachment 2 - TESS Utility Locate Request Tickets Attachment 3 - Statement of Qualifications. for W.E.S.T., Inc. ` DEN H001 TUE 04 t'33 PSI 3 FAQ Nv. 3�T ' P, 03 TEXAS NATURAL RESOURCE CONSERVATION UUM IION om LPST CORRECTIVE ACTION RESPONSE FORM LPST- ID: 113744 j 9/�11/2001 Proposal Fox: OTx-= ER r AMKSSM �Clbl GENERALL INFORMATION T�FST-SIB 11�744 Pxiaxa.�y': 4. �. Respoftsiblb Party VLHAMAD ENTERPRISES INC Tel: 01.7/457�6733 'acil,ity # & 'Namij 0035441. OM.zl.RS FOOD STORE 5 Facility Addzcss 4100 F 13ERRY ST Fadility City FORT WORTH County: 'z'Al2RANT CAPM Name ; CAPM01512 BILL LITTLE 'CAS Name RC,�1Spp1p WATER, EART�i SOLUTIONS AND TECRNOLOGIES rZ. '1'NR�G TECHI�TTCAT,� RESPQNSE Pi^c�posed a�t�.�xity i� ap�rovecl with the follow�.ng modifiaatioils: Thy TNR.CG ha6reaeived the �"ie3.d: Ao�i�rity Reportr the Assessment Regc��� �cirzn A.ddenduin, and the attached pi�oposaX dated September 11., 2001.7 A review cif the reports was patformed.. The reports satisfy the TNRCCrs requirement for content, The proposal is apordved with modification$ . The approved` actiuity incluclest. Z.j Thy in.sta].l.atian arld soil sampling of one an�site oriel two offRsa.t:e Groundwa.i�e�: Mc�n�.tbrix�g W��:ls (2��x30' } PXcaso install t.%a Noxiitax Webs as- indicated on the attached site niap, Nine MEX/TPH soil. samples. ,� Il watersarnplang costs are included ins the associated C�;RF for Graunclwatex Man�.torir�g T h6 ;Cecliiest for a Vapor Scan has hen approved. However, please be aware that uapQi Scazz i� Qn1y ga.ya��� ii; Yt k��.s nQt keen previausXy rei.m'�urs�d: Please see the attached spreadsheet for the approved costs. F1ease he: .ware that fai: all ifiel.d work, you are require" to na�ify the appra.ate TN'RCC field affa.ce na later than 10 days in advance ©f con.ducti�.g the approved zctivity< _ DEG- M001 TUE 04' 34 PM - FAX CIO, 33C ` P. 04 'TEXAS NATURAL RESOURCE CON ERVA flUN UUM�I� ,PST CORRECTWE A cTfON RESPONSE FORM 9 (11/2001 proposal For&v OTHER ASSESSMEXT T�R.CC 'I'�CHNXCAI, �tESFt�I+ISE ACTIVI�`Y COST SLTMMAI��' Prapc�sed Cast . 5, 335 , QO �l�.ximum px-e�Appxaved: 12, 7.�5. 00 Szgriliu Date: 10/17/01 Telephone: 512/239^2200 Coordinator Steel Flush Mount 1Nell Vault C O ,_ c� 0 N m Locking Well Cap l"O"O"O �°O°O°O �DO�O�O O O O °O°O°O °o°o°o 000000 ° ° ° °°°°°o °00000 °°°oo° °°°000 o°000° 000000 o°o°o° o°o°o° o°°°°° 0 0 0 °°°°°°� 000000� n � � � For diagrammatical purposes only ..� ODO�O O°O°O °°° o°o°o 00000, °°°°° °°° °o°o°; ° o 0 ° ° o°o°o' 0 0 00000 °°°°°� o"°"° 00000 0 0 0 o°o°o °°°°° ' DATE: 6-06-06 ater, Df2AWN BY: (3WL with 17120 Dallas Pazkway, Saite 240 Dallas, Texas 7524$-1139 CHECKED BY: RDW = O 11tI0 T�cfin�lo �'�e' PROJECT NO:. 00501-00115 2' Diam. x 2' Concrete Pad Ground Surface Cement/Bentonite Grout 0.5'-1 .0' below grade Bentonite 1.0'-2.0' below grade 2" Flush Thread SCH 40 PVC 0.5'-5' below grade 0.010" Slot Screen SCH 40 PVC 5'-30' below grade (maximum depth) FTGURE 2 Olnai's Food Store - 4100 E. Beny Slreet, Ft. Worth, TX TCEQ LPST Site No. 113744 Sife Investigafion Omar's Food Store 4100 E. Berry Street, Ft. Worth, Texas TYPICAL CONSTRUCTION DETAILS PROPOSED MONITOR WELL FILE NAtdE: figure 2 — Typical Well Construction Detoil �O M 0 � U) ~ _ O Re Ot: a w�ior _ r O O F'Q��ln N N L E 00 LU � O O O A E 3 co LO 0 0 0 0 0 0 o rn o o o 0 0 0 o rn o LO I.n LO LO In U LO LL7 LO LO LO U) LO r LO UD Or U) US Lo 15 to Lo o N N N N N U V v v v v V v CO v V V V v V v co v N v v V V v n r 0 ro 0 -a 0 o T 2 a 0 0 0 0 0 0 CDN CD O N O O O O O N O LO U3 LO LO LO E LO LO U3 LO LO LO LO CO LO LO t0 tf) u�0 1 LO LO M I C) O N N N N N L V V V V V V v N V v N V v v v V N V N V v v v v U � o IL o0000oOtioOv-OooOV)) LnNNC%4N ci tI) t,() IS') � I.f) � � M tC) to d' I.() � I.f) I.[) t!') coM � N N N N N N C) v v v V v V V M v v 00 v V v V V M V v v V V v v rn _Y O O O O Cl 0 0 0 0 0 0 0 0 0 LO I� LO LO LO LO lf) O If) r d r r O r r r r N N N N N N O m O O O CD CD1� CD CD CD O O Lo o O 0 0 0 0 0 0 0 c 'N m O O O 0 0 0 0 0 0 O O O co 0 0 0 0 0 0 0 0 0 0 co V O V V V V V r V v N V v co v V v V v V V V V V ui a n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c) a> LO� Lo LoU Lo U) O� r C, r r CD r rrr N N N N N N c c O a0 0 0 0 0 O N O Oco00O 00 0000000000 c 0 �, T O O 0 0 0 0 O o O O N O O 0 0 0 0 0 0 0 0 0 0 0 X V O V V V V V O V V r V V N V v V v V V v v v v N a o 0 0 0 0 0 0 0 0 0 0 0 0 � C) N M O r r O r r r r N N N N N CV c o0oo0ooc00 r 0 m 0 0 0 0 0 O O O O O O O o -0 O N O O O O O O O r O 0 � O O O O O O O O O O N o 0 V V V V V V V o V O V M O V O V o V V V V V V V V V V - t W O x o I— a al 0000000000 ���0 �� �O �MLL700000 a 000OOO o M00 Nam'000 0000 000000 R c 0 0 0 O O O O N O 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 . W co 0 V V V v V v V O v V V V N V V V V V V V V V V T O N F r a N d a O a m a0 ai C N -0 L al a� O OO 0000000000 2% 0 °� w CU c to LO LO LO LO LO m O� r ClO r r rrr r N N N N N N 0 ui c N 0 O O O O O O O M O 0 d 0 0 O O O O O co O O O O O� Q c N O O O C 0 0 O M O 0 t z 0 0 0 0 0 0 0 0 0 0 rn W O N O V v v v v v a) U Q c0i m v v v v v v v Q a s - ' O ro w t4 s LOo O LOoo00 00 1noil iOo "1n e6i 0r�o0OaiOc*iolorio�c�ilo�LoLic:,r � m a a N a 0 N r M N d7 N N r M r M 00 r cc) r r N r O p 1 1 1 1 1 1 I 1 I I r 1 1 I 1 I 1 1 I r I 1 I r 1 i9 1 L() O L!7 tip O 47 I 1 C) Ifi O O O 1 C) O LA 1 CD 1 c� � 01 a� c O iz LO m r N N r N O r N r N r N O r r r m O O> U) m'- s n cu C cz LO LOM a 0 0 O O co rn a� 0 O O U O CU ❑ O CM 0) Cl O O ' T - Pl o c O c (D N N N N N N Q 0 C° E 1 d rP d r N N - o a Q F- 10 c v o T CL O '- r N M d LO co 1� co ch a 0 0 p N cG 2 Y W m 2 IZI rn F s H E m H t Z Table 1 Summary of Historical Analytical Chemistry Data - PAH (Soil) Omar's Food Store #5 4100 E. Berry Street, Fort Worth, Texas LPST # 113744 Soil Sam fe MW-3 13.0-13.5 feet b s MW-7 0.5-1.0 feet b s Detection Limit Date Sampled 5/13/99 12/14/05 Consituent Concentrations (mg/kg) 2-Methylnaphthalene <0.25 <0.033 0.033 Acenaphthene <0.25 <0.033 0.033 Acenaphthylene <0.25 <0.033 0.033 Anthracene <0.25 <0.033 0.033 Benzo(a)anthracene <0.25 <0.033 0.033 Benzo(a)pyrene <0.25 <0.033 0.033 Benzo(b)fluoranthene <0.25 <0.033 0.033 Benzo(g,h,i)perylene <0.25 <0.033 0.033 Benzo(k)fluoranthene <0.25 <0.033 0.033 Chrysene <0.25 <0.033 0.033 Dibenzo(a,h,)anthracene <0.25 <0.033 0.033 Fluoranthene <0.25 <0.033 0.033 Fluorene <0.25 <0.033 0.033 Indeno(1,2,3-cd)pyrene <0.25 <0.033 0.033 Naphthalene 3.00 <0.033 0.033 Phenanthrene <0.25 <0.033 0.033 Pyrene <0.25 <0.033 0.033 mg/L -milligrams per lifer PAH analyzed using EPA Method SW846 M625 bgs : below ground surface Job No.: 00501-001 Page 2 of2 L v 3 e 3 0 C9 A w �� 01 � '� L N U � �� O F � LL T y c `v a E �O G1 .` r 2 O E N la x �"' �' O LL d m ld W O O d' � 'd' M r i# � o- � Q Q Q Q Q Q Q Q Q S 2 Q� 0 0 0 Q Q Q Q a¢ Q ¢ Q Q Q¢¢_= z� z z z z z z z z a z z� z z z z z z z z z z z z � z z z z a �¢¢Qaa22¢¢¢o¢¢�a2 a¢¢a¢¢aaaa�¢¢ a� z z z z z a d z z z z z � z a z z z z z z z z z z V z z z � � N O C p � m O Ifs 0 0 0 0 O� 0 0 0 0 0 0 0 o U O� e- 0 0 2=�� Q O O h 0 2 O <Y (D 0 0 0 0� �(j � Q O O f6 �a�i v v �(7 v Z a v v v Z v �` v v v d d u u co v v v v v v v v V v v v Lj T 2 FX- m � c+ p 0 0 2 2 M M M S O� ,a. 0 0 O O O O 0 O h 0 N U O O� h r r p) M O O V' O O O O O O 0 0 0 M a � M O N � U7 Cn V r �p N � N cD � � d' � ttj � tC1 � 4"i � � � � ci v� `- �- a- �- � r a- v v v v v v v v v � 0 F- 0 Q Q Q Q Q== a Q Q Q Q Q Q Q 2 Q� Q Q Q Q Q¢ Q¢¢ Q¢ Q Q z z z z z a� z z z z z z z z a z z z z z z z z z z z z z z � rn a E w c N O O O O� M h h 0 0 0 0 0 0 O lC) h �A (O O O 0 0 O O w O O O N h 2 2 h h 0 0 0 0 0 0 2 N O O ll7 lC) O r 0 0 0 m m V' O ro N M� a0 � h 0 1� O O N (/� N h h 7 N r T t17 CO O? 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O d' 0. 0. a s N N N 0. to 0. 0. 0. a s M m 0 F- 0 t m� x= 2= S S S 2 2 = 2 Q Q Q S Q 2 2 2 =_ a= Q Q N� ¢¢¢ Q¢¢ Q Q¢¢ Q �� �rz��������zz�� zzzzzzzzzzz zzz�z��� � a a a a a a a a a s a d a a d a w a a� o� O_ E w N CO O O O M M CO h 0 0 0 0 0 0 c0 [O O O m 2 2 2 2 2 S S S O O=_ _= O r O � 0 0 0 0 0 O h c.0 T O 2 2 2 2 2 p UJ fn V7 Cn fn r M (MO u7 O c0 O N � r M u� (q `-: UJ Cn (� Cn In E... � (n (n Cn (7 fn Cn N M rn � N � ad da � �v aic6��ro uiairnarnd�rl o..a. � paaaaaa.aa h M r O) r V u� r M r N h !! c�i - � N N r N C� U N N N N _� `- X 0 m om o�� _d 2 2 2 2 2 2 2 2 o N 2 2 E 2 2 E °M' ii �� rn rn E oNo rn� 2 0 2 2 2 E 2 2 � � F � (n (n (n C7 C� C/J Cn C7 � �'? (!J (n fn (n O (O � n N M �. M M N O V f� Cn ? (n Cn fli f6 Cn (!) (O (6 (C r N a a a a a 0. 0. 0. 0. 0. (A 0. 0.� O �t co N Cn rn 0. CO 0. 0. 0. Cn a s u� � pp ,,; M� r �� rn� rn rn 0 0� Z J Z Z Z Z °1 N222222220022 0'� � M00000M m hM co2o222 22 � 22 W CO h C.O O Ln O O N cD N O h C m M U% �% (n fn N Cn fn fn � � Cn fn fn r O O N O O r N r h O M V V V% In fn � (n C!J (n d; � as as X oaa�aa�daNd.aa NrNNrroc�i�oo c�ioo�co�-aQ c N h O V' O O O O O O O O O (O p °� M S o 2 2 2 S S � � 2 2 2 2 2 2 2 2 �p ap 2 2 2 2 W O �i'1 V h N (O O O h h 6) N N M Cn (n Cn (�% Cn C%J (�! Cn M (D (%! (n (�% Cn h M I!7 O M M V; O r N O � (�7 N (�% V' Cn Cn Cn C� (� d d d d a a 0. 0. 0. 0. 0. 0. 0 0 0 �- 0. 0. 0. 0. 0. T � nj p O r ch N r r � �- t W � 0 0 � h r O 0 o q co N o g O r 2 0 2 S T 2= 2 2 2 2 T S 2 2 0 2 2 2 2 CV CD r Q c0 h K 6) � 00 f (n Cn (n (n Cn Vi � � Cn Cn Cn � T O V O r � O M V% � Cn Cn (n fn Cn � v 0. 0. 0.l0. .n 0. 0. a a O 0. 0. 0. h N r � �- �- n' 2 0. �- F r �INI0. �M N r O 0 0I� 0 0�� M r 0 M � � c o 0o 22 u�cDoh0000000 �nrn� S o 22 S 22 o2S222222h�22 rnr rncDcooh voMo o N O Cn (n (n Cn (n Cn (/j (n [O r � Cq (n (� N r CO M CO W O M r C7 M M h O � O V% � V% V% � a a a a a 0. 0. 0. 0. a a s � 'V' 0. 0. 0. 0. a s �,; of �: ,a: W 00 GO k7 U7 CO h 1� O M M �' m m � O O O O N M M M s} V� lA In N M M M V V' LL) � LL'i 0 0 0 N M M M 'd' lf') t() If) p rn o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O � � h M � � d' � 4� � � � V' V � � � d' � O 00 M �!7 � � LL� � CJ y �1J (O C`') to 00 t} � CO (") C� O N N O r r\ r N N N N O r O N r r` r N� N N 0 r O N r r` r N N N N O r O N 2 � u� � N N� N N�� N N N N N� �N N N N V' M (O r r N r r r tf1 r r r �-- N� r N r r m O O O O O O O r O O O r O r O r r O O r O O O r O r O r r O O r O O O r O r O r O Ol O O tl' O N N m a O 0 O Z a O c`v 3 .a C 7 cam. C9 N � '�. {r N V � � O f�„ � {L �� E i� � .` Yn E E N d F-� t E �' C O � LL e ?' u 00 N W 0 O � Q Q Q Q Q Q Q Q� Q Q � Z Z Z Z Z Z Z Z Z Z Z U Z ZZ Z V ZZ ZcV NCV U V V V vi C O O � m O O O O 0 0 O� �� � 17 o U O O O O Q O O � Z V V V V N � U V V V V V V .p � x X E ~ d ,°y � o 000000 o,n �� �j o 000000 a 'n ui 'n 'n In In �n v v v v c� v v v v v v v � f°- 0 s �� Q QaaaQa ¢Q ¢Q Z Z Z Z Z Z Z Z Z Z Z J ¢� rn a E w c y N �� c M O O n N m M a00 000 m� d' � � c 19 F- N IA Lf� V; CO I!i N h (V O l0 U � O� 0 0 0 0 0 O O r O� i o 4 � U N N rn cNil � m xx u1 oQoo 0 000 moo �o 0 3 k m O O p 0 0 0 � 0 !/i O 0 (n O O L L Z O O � - z z � O o 0 0 0 0 0 O O o ,n � o O � o 0 0 0 0 0 0 0 0 0 o N v � T O 0 0 0 0 0 0 O o O O O O X V V V V V V V V V V � 'C � "Ct N O � N r> m w X c � F- N Q O � O O O O O^ O O O O O N � O 0 0 0 0 � 0 O O O O W r o 0 0 0 0 0 0 0 0 0 3 t 0 � v N w � o � o m m o .� � In cn In In m ° °� E � O O O U 0 0 0 0 O O O O y�� � � O O O O O O O O O O O� N Q. 0 0 000000 00 00l d ¢ w � 1-. v v v v v v v v v v v y m W a X a N O ■ N C �+ N O p 0 0 0 0 0 O O 0 0 y W O 0 0 0 0 0 0 0 0 O O O W N = � O � 0 0 0 0 0 O O O O N c iii O N v v v v v v v v v v ma c a p� = � n � � ri ?T r.«3" l0 U O O � O N N N M M ch V' d' to � to tCy t(i m � N v p 0 0 0 0 0 0 0 0 0 0 0 0 0 N� a?, � L N 7 _O m V� O CO M �0 7 0 m W CO cp :: c� .c N v Q. r r r N N N N O r � N N N=� �, � a; � Ill �W C N N �O � N � N r N N N a N N �� N O N s O O r O O O r O r O r r r r a m> ca CA W � O O � V O. > >, N '� a a. N Z � w N� a a m E m CO 1� CO � � � N L O � fa � O O t-t-Z za o ��� n n CO � � � = � II 11 = F J W m �rn � F- z z a z E m s 1�- � V' O M a� O) (6 a O c 0 z a 0 -� Table 2 Summary of Historical Analytical Chemistry Data - PAH (Groundwater) Omar's Food Store #5 4100 E.Berry Street, Fort Worth, Texas LPST # 113744 Monitor Well MW-4 Detection Limit Date Sampled 08/15/01 Consituent Concentrations (mg/L) Acenaphthene <000001 0.0001 Acenaphthylene <040001 0.0001 Anathracene <0.0001 0,0001 Benzo(a)Anathracene <0.0001 0,0001 Benzo(b)Fluoranthene <060001 0.0001 Benzo(I)Fluoranthene <040001 040001 Benzo(g,hJ)perylene <0.0001 040001 Benzo(a)pyrene <0.0001 0,0001 Chrysene <0.0001 0,0001 Dibenzo(a,h,)anthracene <0.0001 0.0001 Fluoranthene <0001 050001 Fluorene <0.0001 0,0001 Indeno(1,2,3-cd)pyrene 000690 040001 Naphthalene 0.0337 010001 Phenanthrene <0.0001 0,0001 Pyrene <0.0001 000001 mg/L -milligrams per lifer PAH analyzed using EPA Method SW846 M625 Job No.: 00501-001 Page 4 of 4 ATTACHMENT 1 Elltarnad Enterprises 1 4 East semffia_ yDrive Fart worms. Texas'16115 ei1?33J July 19, %0€}2 Be�tetehea�. �fsszonaryHaptist Charch, 43 li East Berry Street Fort'Worth, Texas 76105 Subject: Request for access Dear' Sir: Ellra�ad Eirtezpzises is the owner ofthe property located at 4100 East Berry Street i11 Fort worth,. Texas, across the street from your property located at 4113 East Berry. The Texas Nataral Resource Conservation t',ommission (TIlIRCC� has directed tbat a subsurface investigation be performedto include soil borings/mionitorwells in the general vicinity of4100 East Berry to determine if a possible release of hydrocarbon has migrated o ffIsite, In order to comply with the `INTRCC directive, it is necessay to access yvui properly for the installation of one (1) soil Goringfmonitor well to determine if the soil and/or groundwater has been impacted. A l:.icerise A�reernentfor access to your property is attaclred for your review and e�ecut%o� If you have any questions, please contact our environmental consultant, Mr. Jim Adams of Water, Earth Solutions & Technologies, Inc. (W.E.S.T, Inc.) at 972 a80 9444 (office) or 214.957 1758 (cell). "hank you For your assistance: .regards, Cmar EIhamad Elbamad E�.terpFises Attachment License Agreement LLG'ENSE AGREEMENT This Agreemer dated :. :. 2002,1s entered by and between Elhamad Enterprises, a Texas Corporation, leaving an-officeJocated at L343 E. SeminaryinFort Worth, Tarrant County, Texas (hereinafter `Licensee" and Behtelehem.Missjon Baptist Church, 4113 East Berry Street, Fort Worth, Tarrant County, Tetras {hereinafter «Licensor"). 1, tar , . • _ WHERFAS, censee is_the,owner of certain-undergraimd:storage tanks located at a business opemed at 41MIEast Berry Street,,Fort Worth;=texas-- ;; - it I WfiEILEt�S; Licensedthe owner pl'proper teno ,as Behielehem3 ssionarvEat�tsstChwrl . 4113 East Bait' . Street, Fort -Worth, Tsm1erentafter `�tciperi�'. .. +; :.,.c::' ..i'u + :. .:.jar; :..:!• - 0 : WBERE--As; L icepsee+has caused an Erivironmdntat Site Assessnient:(the Investigation)-io be conducted on its said . j W _. LLijll L..» . �...7 a1.»+ 1`.,....1.. .-a. at- ..a..,:...:... FD C d.p � � cts may pru p?� ty -which n� its ttrr%aLcu tank Svaitsi,I 3i1r»ti3a vi auc u it a a j7 tali' Lei4 <�Lviar�e 1}i i��i u'IBiL z t1a f)Ieu Y 1d0 L9 siiaj IN have Caused conCeu rations:cifI?droleum�Uy roq�ifh!Oft. Substances Ilo contamina%Licensee pr-operty_:: Wi3ERE�45; Licensee has been requested to investigate whether Substances have migrated fmm the property owned by Licensee. ! a f' } f". .': •; i:J n e -: "j: 'ff ._i ii3'%,. . ei: i.;�?ir(i {i: . 4; • g:: t:7 :;.A ; . 'a' .2t .. WlJ"i. . on; belialf.Wt 01ly of themselves, but also, to the extent they have power to act, on behalf"of their. servant, einployeeS; ggwts, attorneys, predecessors, Miccessars, and asaigrs, Licensor liereliy covenants and agrees nfltto,In: any -mann"wlrats©ever, sueLicensee.m-any.:cozrrtoiaf liurialorlij7irgarLyow action,lawsuit;arcause.oFacll on ()Aether bar way of duct action, cotni terclaini; crnss.clai Qrsntdr pleader) against Licensee rany4manner �vhatso er, based upona matte_ t-directig oran.direetiy zela%d to the Substances n #lreProperty: NOW 'TIlE12Ek`OiZ% M consideration of the premises and agreernent herein and in the interest of Licensee and Licensor, Licensee -and Licensor hereby agree as follows: I. Licensor grants to Licensee, its authorized representatives, consultants, -contractors, and subcontractors, {collectivelfanafter, asy(`1"orisultanf?) a temperary-Llcense (fie License") tb enter the ,P'tci srdret siesiiiive Reiirediaitio% ties The License s%lt incIurle the;�ht . rrn€pvaQi1 and'",itiersrl sa �1 from teep-"r:zrFos bfie cries as web as Remedial Activities. to clean the Property to levels"deemed acceptable tb the Texas Natural .Resource Co4servatian Co nmiWog'(T: CQ and/ore arty other ovzmmental agency with jurisdiction over the _ : Substances or tbe<disposal 2: Prior is entering the Prepeiiy, T�ceasee shall provide L ieenso€ a cope ofCousuitanW Workplan fin- work to be conducted an the T'roperty in connection with the Investigation and Remedial Activities for approval by the I.iceiisoz, which<app val shalt �xot tie imreasairably_i3itlilield, ,The Wdflcplan.appmyed by the Licen�ar ,s ratl i�ereinailer be i fesed is as the "TI�IRC(' App€©vel L arlr Plae. Licensee shalt riot perjbf nbr allow Cansultani to per any acfiviiYes on the Properly except as specified in the TNRCC Approved Work 3 _ Licensee and -Consultant -shall conduct the iuvestiQNOONation and Remedial.Aciivities oA the Property in . eCordanc witl3t the Aijnrrci 3? rk I'1aa.and in ccordance:witl3all p i bl.. %ede1 :state ar3d local statutes, ordinances, rules and ieegulations, including lint not limited lames governing thhe lnstaliation of soft borings and rrionitoring wells and the handling. at W. ghat orb storage and disposal ofsoil and groundwater samples. 4. Licensee shall provide the TNRCC and/or any other governmental agency with all notices required by law related to the Remedial Activities_ 5. Ali equipment, materials anti waste used or produced by Licensee or Consultants to drill' and close any exploratory borings to install and develop any monitor well shall be used and temporally stored in the immediatevicimty ofthe proposed monitoring well location. Licensee shalt not store or dispose on oil about the Property any Hazardous Material or waste pr educed by Licensee during installation, maintenance, inspection, repair, monitoring, replacement or removal of any soil boring or any monitoring well, and shall promptly remove such Hazardous Materials and wastes are produced.. With the exception ofmaterials actually incorporated in the.installation of any monitoring well or innl the closure of any exploratory borings, all materials, equipment and wastes belonging to or produced by Licensee and Consultants shall be removed from the property upon completion of any monitoring well installation_ 5. Licensee and Consultant shall perform all sampling and testing activities on the Property in a manner which minimized releases or the potential for releases ofhazardous substance, pollutants or contaminants. Licensee shall cause consultants to remove from the Properly any tools;. equipment; or materials placed on the Property by Consultants, to remove and properly dispose of any contaminated soil or groundwater excavated or removed floor the ground during the petformance of the work to fill all soil borings in accordance with all applicable laws, and to restore to the fullest extent possible the Property to is conditions . prior to the commencement of the work Upon termination ofthe License for any cause, Licensee shalt cause Consultants to remove from the Property any tools, equipment, or materials placed on the Property by Consultants, to remove any monitoring wells according to applicable federal, state and local standards, and to restore to the fullest extent possible the Property to its condition prior to the commencement ofthe work. ' r z , r ... iriainiain, p eq . by d. a me8 small cause each of"its ClowultaWis to and upon r ueg Licensor, Licensee shall f nnish evidence that is consultants maintain, comprehensive general liability insurance coverage m the amount of . $ I,000,000.00 for any and all personal injry uand property damage that may arise from any act or omission of such consultants in connection with their entry on the Property pursuant to this License. Such inswance shall cover any personal injury occurring. on and damage to the Property, the buildings and equipment located thereon, as well as any personal injury or property damage is caused by the acts or omissions of Consultants on or in the vicinity of the Property, 8_ Licensee and Consultants shalt keep the Property free and clear of all liens and encumbrances, including but Pot limited to mechanic's liens; arising out of the performance of work on the Prop eriyby Licensee or Consultants and shall indemnify and hold Licensor and the Property harmless from and against the cost of removing such liens and encumbrances: 9. Licensee shall minimize to the extent practicable any interference with the use and enjoyment of the Property by Licensor its tenants, agents, employees or invitee. I0.1 This license shall be effective upon the date first written above The License shall germinate upon the earlier of: I } each time as the TNRCC anti .any other goveFnnierri agency exetrasirrg appropriate jurisdiction with respect to the Investigation on the property, approve in ding the completion of such investigation and Remedial Activities; �) upon Licensee's material breach of the terns of this Agreement or Licensee's material breach of the terms of this TNtZCC or other government agency exercising jurisdiction The exercise ofthe right granted Licensee hereunder by the Licenser with regard to the Prnpeit~Y shall not constitute the Licensee as a party in possession. or cofttrol with respect to the property 12.. The rights herein grnrrtted the Licensee by the Licensor with regard to the Property may pe exercised by contractor or agent designated by Licensee 13 . The cotenant not to sue shall insure to the benefit of Licensee, it o ff cers, directors, employees and agents, and those afits affiliates. Further, such release shall be biFldiirg upon the I.1censo . his heirs, successor, assigns, and such release shalt be considered a covenant an;mng with the land as it respects the pr-opam y. 4.... This Agrcemeiit may be modified by mutual written agreement of the parties. 15. Each individual executing the agreement on behalfofa property is Iuly authorized to execute and deliver this agreement on behalf of his or her corporation in accordance with the corporations' articles and by laws.. 1fi. This Agreemern contains the entire a51 Bement of the parties with respect to the subject matter expressed herein and cannot be modified Except by a written agreement signed by all parties. 17. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Texas The Undersigned have executed this Agreement as of the date first above written.. I,ICEIvTSt3R: By:• BeIrtelehem Missionary Baptist Church Date Authorized Agent -- Elhamad Enterprises Date ��1 � 4 �`--�'f ~ 1 � M1 fi . '�` a T^` ti K � k QQ� � ' �l ��� �� � Vr� � —�� _. CC ""+� � C�� �r � F _ k-- . 4� ' .� r r �� �� fl[Sp C�tT7��&f� � tt�tn � if RAstricted D@iiYery 18 de$Ill�d.. ,. � t �'Itit yauC nat�7e artd �iidt�ss on fhe ra�ers� � � � �,. � � �4ttachtthls �r#o � ba car>� to yam ek of the maltp[ec�, � or oh the front ff &,aacg perl��{s. - �.1 _ � � ��� �� ��� �- �� �. lutiat� [�ym,,rt�isr gs �� say � �ti 4 P J fi r. � 1`�, ��� rdeRvaryadctrses t�elow: Q Cgrlfisd h[a!t L? �icpresa M�#I Ct r�egfst�raYf ❑ gsitan liacelpt for ftitarchari�a � liz=u�ecs t��► u a.;a.a H strata ed Ualivery? {F.xk� r=eet 1*1 �,� ��, ���� >Wt3�2 Refum Receipt. . . ..1 �.,. _... r, _, _, , �_ _ _ . . �5��-6._T-�= `t1i�l �sEi� itr".sB$-ps.it.�g -.. ���I �,t.53T�: ld�l� Auv�st ? s, zoo? Mr. Bob Patton Texas Natural Resource Conservation Commission Petroleum Storage Tank Remediation Section P 0 Box 13087 - Austin, Texas 7871 1- 3087. Subject: LPST 113fi44 Off -site Access Elkainacl enterprises has been. unsuccessful in making contact with the follouring property owners for requesting an Access License Agreement: 1. Bethelehern. Missionary Baptist Church 4113 E Berry Fart Worth 76105 2. horizon Investment Group Inc. 6300 Ridgl.eaPlace; Suite 1116 Fort Worth 76116 Water, Earth Solutions &Technologies, Inc. (W.E.S.T., Inc.) will not enter a property wit}iout written autkorization f:o do so. Correspondence requesting access along. with.the copies of the Registered,'R.et:�uit Receipt: are attached. The information identifying the property otivn.ers is the Tarrant Appraisal District ,jind they advise no other information is available. No listing were found in the telephone directory. Your assistance is requested. Retards, Omar Elhamad cc: W.E.S.T., Inc. 3LF27-2002 FRI 04,133 PM 2 FAX NU, 33 P, - U1I01 by Reducing and pravanling Pol(Li lan FAX R A NM 1 T T.. L DATE. 27 September 2002 NUMBER OF PAGES (including (Itr's coUOrsheat)x E Ta: FRAM; name rmar Elhamad / Jim Wesf rganizatien Elhamad Enterprises / W.E_S.T., Ine. FAX Number, 817/ 457-6733 1 0721380-9449 — TEXAS DUMMiSSI(�N an ENViR�NMENTAI. Q[1ALITY �larrse l3ob Patton, Jr. Division/Section RotYlediation / PST Responsible Party tiemediatian Section (PST/RPR) -- TolephQno Number a1�r�39-2�Q0 FAX Number 512-239"221d �-lUlail Address Btceq.state.tx.us TGEQ RPR -Web Page www,toeq,state.tx.us/permlaangfremed/rpr/indexthtmi nI�TE�: L pST#x 1.13744, Facility 1D # 36441, arnaeg Food Store 45, 41 G0 m. Berry Straet, Fart Vt(arth, TX, 75105. . Mr, Elhamad and Mr. West, The ..� OEQ has received your not that you'are not abie to ccar;taci the G� site land �4,�ners to gain access to their Property; Therefore, please submit a sits map with alternative locations for the nllonitor Wofis, In the meantime; the.TCE0 will also try to locate the two off site land owners. if you have any questions, please contact me. Si ' Rc Sjt� (�Q�rCllna�t7ry , Tarrant Appraisal District Real Estate asros/loos Account Number: 05300533 Georeference: 37275-5-9A1 Property Location: 4113 E Berry St, Fort Worth Owner Information: Bethelehem Missionary Bapt Ch 4113 E Berry St it Worth Tx 76105 Legal Description: San Roe Addition 4thFiling Blk 5 Lot 9A1 Taxing Jurisdictions: 026 City of Fort Worth 099 Regional Water District 220 Tarrant County 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 905 Fort Worth ISD This information is intended for reference only and is subject to change It may not accurately reflect the complete status of the account as actualfy carried in TAD's database. Proposed Values for Tax Year 2006 11 Land [mpr 2006Tota[�f 2005 Total: Market Value I $140,400 $2530681 $165,46811 Appraised Value* Approximate Size*** and Acres L and SgFt L $140,400 $25,068 � $165,468 � $165,468 0.8057 35,100 ' rlpp;aised va€ue r-ay be lazy than � ket value dua h statarrendafed I'smR.attins on value irraas=s =' P, zero valua ai:ii�te_ tiratffie propaiiy record has net yet tin completad fa ?he indicatlJ tax vaai :• :roe^cad 2006 Notice Sent: Pretest Deadlines 05/31/2006 Exemptions: Absolute Church Property Data Deed Date: 08/27/I971 Deed Vol: 005101 Deed Page: 0021 Year Built: 1925 TAD Map: 2072 380 MAPSCO; 078V Agent: None Class: 130 State Code: FI Commercial Garage Bays: 00 Central Air: Central Heat. Pool: N A�'7'ACHMENT 2 ��S f 19723809449) -. . ,■ �r In e ��fIG-TESS Locate Request Ticket Number: 061217121 Old Ticket: Priority: Normal By: BRITTANY GATES Source: Fax Hours Notice: 48 Type: Normal Date: 5/1/2006 7:46:59 PM Sequence: 3 company Information -------=------------------------------------=------------------------------- WATER, EARTH SOLUTIONS & TECHNOLOGIEType: Contractor Contact; ROBERT WILLIAMS Caller; ROBERT WILLIAMS Phone: (972) 380-9444 caller Phone: (972) 380-9444 Fax: (972) 380-9449 Callback: 0900 - 1600 Alt Contact: caller Email: (214) bwilliams@water-earth.com 675-7602 Work Information State: TX Work Date: 05/03/06 at 1945 County: TARRANT Work Type: WATER Place: FORT WORTH Done For: OMAR'S FOOD STORE Street: 0 E BERRY ST Intersection: FREDDIE ST Explosives: No Deeper Than 16": Yes White Lined: Yes Add'tl Locates: No Dir Boring: No Extent: 01 DAY Nature of Work: INSTALL MONITOR WELL Remarks PLEASE MARK ALL UTILTIES IN STREETS, ALLEYS, EASEMENTS ETC. ON NORTH SIDE OF E BERRY ST (4100 BLK) BETWEEN FREDDIE & MILLER. THE POINTS INHERE THE UTILITIES LINES CONNECT TO PROPS SHOULD AL50 BE MARKED. ALL UTILITY LOCATIONS SHOULD BE PERFORMED PRIOR TO TIME OF DRILLING. PLEASE FAX CONFIRMATION TO BOB WTLLIAMS @ (972) 380-9449 AND EMAIL ALL RESPONSES TO BWILLIAMS@WATER-EARTH.COM AREA WHITELINED MAPSCO 78.,V Members -----------------------------=---------------------------------------------- PLEASE MARK ALL UTILTIES IN STREETS, ALLEYS, EASEMENTS ETC. ON NORTH SIDE OF E BERRY ST (4100 BLK) BETWEEN FREDDIE & MILLER. THE POINTS INHERE THE UTILITIES LINES CONNECT TO PROPS SHOULD AL50 BE MARKED. ALL UTILITY LOCATIONS SHOULD BE PERFORMED PRIOR TO TIME OF DRILLING. PLEASE FAX CONFIRMATION TO BOB WTLLIAMS @ (972) 380-9449 AND EMAIL ALL RESPONSES TO BWILLIAMS@WATER-EARTH.COM AREA WHITELINED MAPSCO 78.,V Members -----------------------------=---------------------------------------------- Code Name Added Manually ---------------------------------------------------------------------------- FS3 ATMOS-MIDTX-STS (SOUTH FORT WORTH) No FWE TXU ELECTRIC-STS (FORT WORTH SOUTH) No MAR CHARTER COMMUNICATIONS No T10 SBC (Sid&P-F) No 20:56 05/01/06 EST Pg 1-1 .� - � _ �'$�� ��_ Received Time flay. 1. 7:54PM ®e�i (19723809g49) I8:40 05/05/06 EST Pg 1-1 � � .r. ri°� �G-TESS Locate Request ■ ---------------------------------------------------------------------------- Ticket Number: 061254891 Old Ticket: 0612171.21 Priority: No Response By: ARACEL.I DELAROSA source: Fax Hours Notice; 0 Type: No Response Date: 5/5/2006 3:36:58 PM Sequence: 1 company Information WATER, EARTH SOLUTIONS & TECHNOLOGTEType: Contractor Contact: ROBERT WILLIAMS caller: ROBERT WILLIAMS Phone: (972) 380-9444 Caller Phone: (972) 380-9444 Fax: (972)' 380-9449 Callback: 0900 - 1600 Alt Contact: (214) 675-7602 Caller Email; bwilliams@water-earth.com Work Information State: 'TX Work Date: 05/05/06 at 1545 County: TARRANT Work Type: WATER Place: FORT WORTH Done For•; OMAR�S FOOD STORE Street: 0 E BERRY ST Intersection: FREDDIE ST Explosives: No Deeper Than 16"; Yes White Lined: Yes .4dd't1 Locates: No Di r Bo ring: No Extent: 01 D_AY Nature of Work: INSTALL MONITOR WELL Remarks NO RESPONSE-061217121, NEED FOR ALL UTILITY COMPANIES TO RESPOND ASAP!! ^^^^^^^^•^^^*^PLEASE MARK ALL UTILTIES IN STREETS, ALLEYS, EASEMENTS ETC. ON NORTH SIDE OF E BERRY ST (4100 BLK) BETWEEN FREDDIE & MILLER. THE POINTS WHERE THE UTILITIES LINES CONNECT TO PROPS SHOULD.AL50 BE MARKED: ALL UTILITY LOCATIONS SHOULD BE PERFORMED PRIOR TO TIME OF DRILLING. PLEASE FAX CONFIRMATION TO BOB WILLIAMS @ (972) 380-9449 AND EMA3'L ALL RESPONSES TO BWILLIAMS@WATER-EARTH.COM AREA WHITELINED MAPSCO 78,V Members code Name Added Manually FS3 ATMOS-MIDTX-STS (SOUTH FORT WORTH) � No FWE TXU ELECTRIC-STS (FORT WORTH SOUTH} No MAR CHARTER COM��IUNICATIONS No T10 SBC (SM&P-F) No Rer.eived Time May. 5. 3:37PM ATTACHMENT 3 Inc. STATEMENT OF QUALIFICATIONS �' 1' �TE�, EARTH SOLUTIONS & TECHNOLOGIES, INC. 17120 Dallas Parkway, Suite 240 •Dallas, Texas 75248-1144 • (972) 380-9444, Fax (972) 380-9449 17120 Dallas Parkway, Suite 240 •Dallas, Texas 75248-1139 (972) 380-9444 •FAX (972) 380.9449 wsvwwater�eaz�thcom .?'ABLE OF CONfiENTT,S Page No. I. ,STATEMENT OFSERVICES............................................ 1 II. ASBESTOS CONSULTING, .ASSESSMENT, AND LABORATORY ............... Z III. PHASE I, PHASEII & PHASE III.ENYIRONMENTAL ASSESSMENTS ........ 2 IY. UNDERGROUND .S'TORAGE TANSMANAGEMENT ........................ 3 Y. ENi�IRONNIENTAL COMPLL9NCE .................. . . ................... 4 VI. .H4ZARDOUSANDNON-HAZARDOUS WASTEMANAGEMENT .............. 4 Vll. INDOOR AIR QUALITYINVESTIGATIONS................................ S �d�..�RLLLING,S'FRhICES......................>......>...........>..>.... 6 �G I. STATEMENT UP OEa VICES Water, Earth SoIntions and Technologies, Inc.(W:E.S.T.., Inc.) was foundedin 1990 bythree principal individuals. The firm was startedto provide services including environmental assessments (Phase 11, and III), general envi I,ronmental consulting services, asbestos consulting services, underground storage tank related services, delineation of soil and groundwater contamination, waste management, and waste characterization. Areas of consulting specialty include the following: • Environmental Site Assessments and Facility Audits; • Underground Storage Tank Management, Removal, and Corrective Action; • Delineation of Soil and Groundwater Contamination; • Soil and Groundwater Remediation; • Regulatory Compliance and Permitting; • Hazardous Waste Management and Minimization; • Hazardous and Non -Hazardous Waste Disposal Options; • Indoor Air Quality Investigation; • Asbestos Consulting including Facility Surveys and Management Planning; and, • Drilling Services and Monitoring Well Installation. W.E.S.T., Inc. is aservice-orientedcompanythatprovides avariety ofprofessional environmental consulting services relatedto the operation and management ofprivate, commercial, government, and industrial facilities. W.E.S.T., Inc. has developed abroad experience base forproviding clients the most efficient, cost effective method of approaching an environmental project while evaluating the risks, limitations, and long-term goals of the client. Our multi -disciplined professional staff consists of experienced engineers, geologists, and environmental professionals. We are dedicated to providing quality, professional services to people in need ofregulatory compliance, practical solutions and available environmental technologies. 1 Lnc. IL ASBESTOS CONSULTING W.E.S.T.,Inc.provides asbestos factyinspection/assessment andmanagementplanningservices to clients inthe commercial, public, and private sectors. Our technical staffis accredited by -the United States Environmental Protection Agency and licensed bythe Texas Department ofHealth. We can assist our clients with asbestos management capabilities from initial assessment to final abatement. Asbestos consulting and management services include: • Asbestos Surveys, Assessments, andInspections ofschools, commercial/public/private buildings; • Asbestos Management Plans; • Operations and Maintenance Programs, and, • Assistance with the Development of Asbestos Project Designs and performance of Abatement Project Management and Air Monitoring. IIl: P�SEI, PxASE'II & Px�sEIIIENvrxo�'Ivr'ALAssEss�NTs Phase I Environmental Site Assessments The purpose of aPhase IEnvironmenial Site Assessment is to identify existing orpotential environmental risks associated with a commercial property and to present a preliminary review of its environmental condition. Inmany cases, historical land use has often involved operations and practices that mayhave resulted in soil and/or groundwater contamination. Owners and lenders are interested in evaluating properties to determine past practices and the present environmental conditions in orderto reveal areas of contamination and identify thepotential for costly remediation. The absence orpresence of soil and/or groundwater contamination will affect the property's long-term value and the potential for future use. To properly represent the client andmeet the obligations of an appropriate inquiryinto a subject property, W.E.S.T., Inc. has developed a standard Scope of Work to be performed during an initial Phase I Assessment that satisfies therequirements established bytheAmerican Society for Testing and Materials (ASTM) Standardrractice El527-00 brEnvironmental Site Assessments for Commercial Real Estate. Our standard Scope of Work can be modified atthe client's request to fit specific needs and varying degrees of certainty regarding environmental risks. E Tne. Phase H Environmental Site Assessments The purpose of a typical Phase II Environmental Site Assessment is to identify, characterize and/or delineate adverse environmental impact to soil and/or groundwater. Initially, a detailed samplingplan is developed based upon the Areas of Concern that were identified in a Phase I Environmental Site Assessment as exhibiting existing or potential environmentalrisks. Activities typically performed in. the Phase 1I Environmental Site Assessment include the follow7ng: • Site Characterization; • Hydrogeological Site Evaluations; • Groundwater Monitor Well Installation and Sampling; • Soil and Groundwater Sampling; • Laboratory Analysis; • Waste Characterization; • Observations and Results; • Consideration of Remedial Alternatives; and, • Cost Estimates. Phase III Environmental Site Assessments The Fhase lIl Environmental Investigation consists ofthe necessary services to perform remediation of identified adverse environmental conditions associated with a property. IY. UNDERGROUND STORAGE TANSMANAGEMENT W.E.S.T., Inc. `s Underground Storage Tank (UST) managementprogram is designed to work cIoselywiththe clientto minimize environmentalliabilities associatedwiththe operationand ownership of USTs. W.E.S.T., Inc. is a State of Texas licensed LPST Corrective Action Specialist consulting agency (Registration No. RCAS00120), employing several Corrective Action Program Managers. The components of our UST program includes: • r acili ty Assessments and Tank Audits; _ • Site Investigations and Containment Delineation; • Soil Borings, Soil and Groundwater Sampling, and Groundwater Monitor Well Installation; • Risk -Based Site Assessments; • Design and Preparation of Remedial Action Plans (RAPS), • Design and Implementation of Corrective Action Measures; • Design of Closure Plans; and, • Comprehensive UST Management, Removal & Closure Services. W.E. S.T., Inc. has extensive experience in alternative remediation options for soil and groundwater contamination which is often found in conjunction with leaking underground storage tanks. W.E. S.T., Inc, will design aremediation program which meets the needs ofthe client and satisfies the requirements of regulatory agencies. Inc. V. �NVIROIVMENTAL UO1bIPLL4NUE W.E_S.T., Inc. offers abroad scope of services to assist Clients withregulatorycompliancerelating to waste management and minimization. These services includepermit applications, emergency planning and community iight-to-know support, facility audits and assessments, record keeping, andreportingassistance. W.E.S.T., Ine's. range ofenvironmental engineering services include the following: • Emergency Response Plans; • Toxic Chemical Release Notification; • Community Right -to -Know Requirements; • Waste Process Analysis, Equipment Selection and Design; • OSHA Hazard Communication; • Facility Emissions Profiles (air, water, fugitive emissions); • Spill Prevention, Control and Countermeasure (SPCC) Plans; • Storm Water Pollution Prevention Plans (SWPPPs); • Emergency and Hazardous Chemical Inventories; • Health and Safety Plans; • Contingency Plans; • Waste Stream Audits and Profiling; • Waste Summary Reports; and, • Waste Minimization Reports. Vl. �AZAXDOUSAND NON -HAZARDOUS WASTEMANAGEMENT Priorto the start ofahazardous andnon-hazardous wastemanagementprogram, the W.E.S.T., Inc. Project Managerwill coordinate withthe client's representatives) and obtainpertinent on -site information to facilitate the design of a cost-effective and efficient program. Each waste stream wi11 be properly classified according to its characteristics. This task involves sampling, analytical laboratory testing, and interaction with state agencies andwaste disposal facilities forproperti=.Taste code determination. Following the classification of the waste, approved waste treatments, disposal methods and facilitiesmaybeselectedbythegenerator. W.E.S.T.,Inc. willpresenttheavailableoptionsfor disposal that address the specific waste classification. If disposal is the selected solution, awaste profile will be required by the selected disposal facility for verification of the waste stream classification. W.E.S.T., Inc. will coordinate withrepresentatives ofthe selected disposal facility to provide proper "waste tracking" and gate time schedules. W.E.S.T., Inc. will provide qualified federal and state licensed transporters permittedto transport the specific waste stream shipment. W.E.S.T., Inc. will provide on -site management to properly stage the waste shipment for loading and transportation. Inc. VII. IN➢OOR -1II1C 11 UALITYIN VA6 TIGATIOAS Good indoor air quality (IAQ) enhances occupant health, comfort, and workplace productivity, while reducing the potential for complaints and/or lawsuits associated with adverse workplace exposure. Inrecognition ofthe need forpractical indoor air quality advice for building owners and facilitymanagers, W.E.S.T., Inc. has developed aphased-approach to prevent, identify and correct IAQ problems. W.E.S.T., Inc. provides competent IAQ specialists who are experienced at solving air quality problems in a wide range of building types. The key elements of our phased -approach during IAQ investigations are as follows: • Initial Walk-through Inspection and Observations; • Form a Hypothesis; • Develop an IAQ Profile; • Conduct Air Quality Testing (Carbon Dioxide/Microbiologicals, etc.); • Design and Perform Mitigation; • Implement an IAQ Management PIane and, • Conduct Follow Up Investigations or Periodic Inspections. During the initial walkthrough, W.E. S. T ., lnc. specialists will observe and document general building operations, inspect and evaluate HVAC systems, conduct occupant interviews, and inventory potential pollutant sources and pathways. Following the initial investigation and the developmentofahypothesis, anIAQ profile can then bedeveloped. This profile is a description ofthe features ofthe building structure, function, and occupancythat affect indoor air quality. If necessary, air quality testing and mitigation can be performed. Mitigation strategies can be categorized as source control, ventilation, air cleaning, and exposure control. To prevent future indoor air quality problems or complaints, W.E.S.T., Inc. can design and implement an IAQ Management Plan to assist the building owner or facility manager. S Ine. TTIII: DRILLING Z YICES W.E.S.T., Inc. also specializes in environmental and geotechnical drng services. W.E.S.T., Inc., owns and operates three CME 75 high4orque drill rigs with auto hammer, hollow stem auger and wash rotary drilling capabilities. W.E.S.T., Inc. employs experienced, State ofTexas-licensed drillers and utilizes the latest technologyto provide reliable and cost effective drilling services. We an provide groundwater monitor well installation, environmental soil sampling, and foundation exploration. Our drillers are 40-hour OSHA Hazardous Waste Operations trained, receive annual OSHA refresher training, are licensed by the State of Texas, and undergo yearly medical monitoring. Drilling Supervisors have additionally attended and passed the OSHA 8-hour Hazardous Waste Supervisor Training Course. Environmental and geotechnical drilling services provided are: • Air and Wash Rotary Drilling; • Hollow Stem Auger Drilling with CME Continuous Sampling-, • Continuous Flight Auger Drilling; • Shelby Tube Sampling; • Split Spoon Sampling; Standard Penetration Tests; THD Cone Penetration Tests; • Groundwater Monitor Well Installations; and, • Groundwater Recovery Well Installations. —000— Any questions regarding the capabilities, ,services and expertise of WE.S.T., Tnc..may be directed to the founder, President and Principal of the company, Mr. Steven R. Wemple. r THIS IS TQ CERTIFY TH,4T R4BERT L. k'LATR HAVING GNEN SATiSFACTQRV EVtDENQE 4�F QUALfFiCATiaC•i5 RHCII�II�E1� 8Y THE TEXAS WATER WELL (?KILLERS ACT, AFi1'ICLE �6�'Iat YERNCN'8 TEXAS GIVtE, STATUTES, 15 QtiANTt:D THiS �,iCE�I�E ANC? IS ElEEifiEY AUTHaRtZECt TQ PRACTICE AS A �� ���� ,�� �rxs$ Lts�t�� i� tds�r a r?�or6so AND is E;t:u�utr� AGCQ�tCtlNG ra :.A�t WCENSE NUMHER 2�#$M �At YtrITIVESS WNEI��`O�, THE Ti+?tA& WATER WE�[.17R1l.LERS EQARI� I�AS AFFEX�Q tTS HA[�j,D t�ND THE SEAL QF iNE 130AR17 'tHiS 3� i)A�' OF NCB' � �9E8 rii r. 1 r � r � K � .. wwry � � .. • � r. � � M'AVK � wY+. ram... � � � e � . � . _-... n . � _ _ .. _ _ -k THE TATl� t7►.�` T��A� TO CERTIFY T�#.T . � '� '�HOM.'� E � M��tii.LOU�H • HAVING GIVEN SATJSFACTORiEVI13�t�iCE C?F Q�TAEIFIICATLONS REQlJLRED RY 1TTLE 2,� TEXA& WATF«It Gt3DE �3'�N'I'ER 3� - WATETt WELL DRII.vERS, IS GRANTED THiS �, ,i �. - ,r \ �'' �I�E1'��E '� i� :; .� ANI? I5 HER[EBY Ail'i'�i0RI7�D rQ P1;tAGTI� A� A /� [' �� !� ; � $t � �� ., �pe�i� �� NI��IIT .� �, j ,ELSE, ��ILL�� �, .,, ,. �: ,tf �, - 5Q LGI�iG A� TFiis LICENSE iS! �� � � , 9I�ED AND 1� 'RENEWED ACCQFiDWCs TO LAW �;. '�. � '1.: � 4.!� +: i�"r `'�i �fY(9P w..... "'��-����l Mw,r _I��� �1'.:...���{�av"i �.. !��3 ;w'aw y. '� i ' �t��19�3: r�,�i� ���x. LzcErrs� 48a6M Ivuh��� Required Insurance A RDCERTIFICATE OF LIABILITY INSURANCE lV2712 o ' PRODUCER (972)250-9984 FAX (972)250-9947 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Pacific Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4575 West rove Dr. #400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Addison, TX 75001-3214 Donnell Reed INSURERS AFFORDING COVERAGE NAIC # INSURED Water, Earth, Solutions Z:t Technologies, DBA: (W.E.S.T.) 17120 Dallas Parkway #240 Dallas, TX 75248-0000 rt(1VPRA(:FS INSURER A: AIG Specialty Ins INSURER B: Safeco INsuRERc: Texas Mutual Ins. INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY MERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR llution kXr,l PROP2509074 07/20/2007 07/20/2008 EACH OCCURRENCE $ 130009000 DAMAGE TO RENTED PREMISES (Ea xcurpnrp) $ 100,000 MED EXP (Any one person) $ 2 5 , 000 PERSONAL & ADV INJURY $ 15000,000 fessional GENERAL AGGREGATE $ 23000,000 GENT AGGREGATE LIMIT APPLIES PER; POLICY PRO- JECT F LOC PRODUCTS - COMP/OP AGG $ 210003000 B AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS 01-13A-409778-2 07/20/2007 07/20/2008 COMBINED SINGLE LIMIT (Ea accident) $ 11000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Peraccident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY. AGG $ $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE $ AGGREGATE $ $ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below TSF0001135294 08/27/2007 08/27/2008 X WcsIIMIT TH ER E.L. EACH ACCIDENT S 15000,000 E.L. DISEASE- EA EMPLOYE $ 110001000 E.L. DISEASE- POLICY LIMIT $ 1900090 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ddit-ional insured and waiver of subrogation in favor of City of Forth Worth, Texas as respects ork performed by the insured City of Fort Worth, Texas I000 Throckmorton Street Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TO MAIL SUC�,H NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the po[icy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and fhe certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. i AGORD 25 (2001/08) ci .LV ogics, Ync.