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HomeMy WebLinkAboutContract 26027 CITY SECRET CONTRACT NO Y (p 66o2 STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF TARRANT § USE AGREEMENT TO INSTALL AND MONITOR A MONITORING WELL This agreement is entered by and between the City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City," acting herein through Charles Boswell, its duly authorized Assistant City Manager, and Omega Environmental Services on behalf of FFP Operating Partners, hereinafter referred to as "User', acting herein by and through _ , its duly authorized , pursuant to the requirements of Chapter 12.5, Division 4, of the City Code of the City of Fort Worth. NOW THEREFORE, it is agreed as follows: 1. GRANT OF USE A, City agrees to permit User to conduct environmental sampling on the City property, as shown on the map which is part of Exhibit"A." B. User shall have no property rights to any City property or right-of-way in which environmental sampling is conducted, and access to the property shall be nonexclusive at the City's discretion. 2. REGULATION OF CONSTRUCTION A. User shall conduct environmental sampling in accordance with federal, state and local law and regulations. B. User shall follow the scope and details of the construction of the well that is included in User's Informal Request for Monitoring Well dated July23, 1999 and November 5, 1999, and in User's Formal Request for Monitoring Well dated March 14, 2000 prepared and signed by Mike Sampson and are hereby attached as Exhibit "B" and "C" and incorporated herein fully by reference. C. User shall ensure that the person who performs any drilling of the monitoring well in conjunction with the environmental sampling, is properly licensed and bonded under Chapter 32 of the Texas Water Code to perform work on City property and public right- of-way. Use Agreement for Environmental �,n Page 1 Sampling with Omega Environmental Services on '�I�(�8'GL k,ECVV2D� Behalf of FFP Partners CG:bw L�. D. User agrees that it shall require any Contractor that performs any aspect of the construction, operation, or maintenance of the Monitoring Well to have all federal, state and local licenses to perform such work. E. User agrees to use the equipment that it 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 use Universal Engineering, a state licensed environmental drilling firm, to install the monitoring well. If User determines that it will be necessary to Contract with another company, User agrees to obtain written acceptance by City. G. User shall maintain and operate the well. If User determines that it will be necessary to contract with someone to maintain and operate the well, User agrees to obtain written acceptance. H. 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, andworkmen. 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. I. User shall ensure that Contractor contacts the City's Department of Engineering at least forty-eight (48) hours before the construction of the Monitoring Well work commences, and that Contractor complies with all requirements of the City's utility inspectors. J. User shall obtain certification of utility clearance prior to drilling. 3. REPORTING AND MITIGATION OF CONTAMINATION A. User agrees to provide City with appropriate documentation indicating the completion date of sampling, geological conditions, certification of proper completion, any findings regarding the presence or non-presence of contamination, test results generated as a result of said monitoring wells, and any other information submitted to the Texas Natural Resources Conservation Commission at the same time that such information is submitted to the Texas Natural Resource Conservation Commission. B. If environmental sampling confirms contamination of soil or groundwater within the City's right-of-way, City property or other property, User shall notify the City's Department of Environmental Management of same in writing within ten (10) days after learning of the 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 at User's sole cost and Use Agreement for Environmental „p i Page 2 Sampling with Omega Environmental Services on Behalf of FFP Partners ��•, ! !^re� a red/ CG:bw VL'�''ir<�Y YO Yly(/11a expense in accordance with the procedures and standards set forth by the Texas Natural Resource Conservation Commission and/or the United States Environmental Protection Agency. 4. INSPECTIONS The City Traffic Engineer, the City's Environmental Manager, or their authorized 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 the Contractor complies with all orders to halt operations given pursuant to this paragraph. 5. RESTORATION OF PROPERTY A. User shall repair, clean up, and restore all rights-of-way and other City property disturbed during the construction, operation, and maintenance of the well and shall warrant the repairs and restoration of such property for a period of two years from the date of completion of same. Such repairs, clean up, and restoration shall return the disturbed property to substantially the same condition they were in before User's operations began. The determination that the property has been returned to substantially the same condition shall be made by the City's Director of Transportation and Public Works, or his designee. B. City shall have the right at any time to order and require User to remove or abate any spill, discharge, equipment, or other facility caused by User that is dangerous to life or property. In the event User fails or refuses to comply with the City's order, or if an emergency exists which precludes the City from giving notice to User prior to responding, City shall have the right to remove or abate same at reasonable cost and at the expense of User, all without compensation or liability for damages to User. C. If User fails to restore property as required within 15 days of written notice from City, City may cause the property to be restored without further notice to User. User agrees to pay City for all costs incurred by City in said restoration. 6. TERM This agreement shall be valid upon its execution by both parties, and shall run for a period not to exceed three years, or until the satisfaction of the Texas Natural Resource Conservation Commission and the City, whichever occurs first. If additional environmental sampling is needed after the three-year period, User must request an amendment from City to extend the term. Use Agreement for Environmental '� Page 3 Sampling with Omega Environmental Services on �J-G�=��tt,bl Z`)�, 5� Behalf of FFP Partners � .�t Ur Eli P J CG:bw U i51tlrUUS 1 R� MliXg 7. 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 or judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred as a result of the existence of a violation by User of environmental requirements pertaining to remediation activities and sampling, 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 any violation by User 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 violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this contract or collecting any sums due hereunder; and C. Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. 2. Environmental requirements shall mean all applicable statutes, regulations, rules, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: a. All requirements, including, but not limited to, those pertaining to reporting, licensing, emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surfacewater, groundwater, stormwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or Use Agreement for Environmental Page 4 Sampling with Omega Environmental Services on ivi ��� G`1p r<,r�Gi JD Behalf of FFP Partners ����/��� n CG:bw i�' G °) e °)'� 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 TO THE EXTENT CAUSED BY THE JOINT NEGLIGENCE OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY, EXCLUDING THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES. C. Environmental Indemnification: USER DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM USER'S OPERATIONS UNDER THIS AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR TO THE EXTENT CAUSED BY THE JOINT ACT OR OMISSION OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY, EXCLUDING THE CITY, IT S OFFICERS, AGENTS, AND EMPLOYEES. D. The obligations of the User under this section 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 that User is required hereunder to indemnify, City shall provide User with reasonable timely notice of same. F. The obligations of the User under Section 7 shall survive the expiration or termination of this agreement. 8. 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 Use Agreement for Environmental Page 5 -Sampling with Omega Environmental Services on Behalf CG bwof FFP Partners NM EDri bjLL`t,,7 of the right-of-way and other City property and all other risks associated with this use agreement: Commercial General Liability Insurance: $1,000,000.00 per occurrence combined single limit for bodily injury and property damage B. User shall require its contractors to maintain the following insurance coverage: 1. Commercial General Liability Insurance: $1,000,000.00 per occurrence combined single limit for bodily injury and property damage 2. Automobile Liability Insurance: $1,000,000.00 each accident Coverage shall be on "any auto," including leased, hired, owned, non-owned and borrowed vehicles. 3. Workers' Compensation Insurance a. Statutory limits for Workers' Compensation; and b. Employer's Liability $1,000,000.00 in each of the following three categories: $1,000,000.00 each accident; $1,000,000.00 disease-policy limit; and $1,000,000.00 disease-each employee. C. All policies shall contain the following endorsements: 1. City shall be named as an additional insured on all policies in respect to the environmental sampling and the operations under this agreement; 2. City shall be notified a minimum of 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 City. D. The insurers for all policies must be approved to do business in the State of Texas and be currently rated in terms of financial strength and solvency to the satisfaction of the Director of Risk Management for the City of Fort Worth. E. Programs of self-insurance in lieu of commercial insurance policies shall be approved by the Director of Risk Management, and, as applicable, pre-approved by the Texas Department of Insurance. Use Agreement for Environmental +viU IffLUL� (� J�(�rCt(�'l Page 6 Sampling with Omega Environmental Services onn, Behalf of FFP Partners ��UUpb c�����U,�t51Vn1VY CG:bw F. The deductibles or self insured retention (SIR) affecting the insurance coverage required shall be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved. G. User shall provide City with certificates of insurance documenting User's and User's contractor's coverage as outlined above prior to commencing any operations under this agreement. Certificates shall be submitted to the Director of Environmental Management, H. Failure on part of City to request documentation of insurance required herein shall not be construed as a waiver of the requirement for same. I. The City may revise insurance requirements specified herein, at its sole discretion, to protect its interest, giving ample prior notice to User. 9. FEES User agrees to pay a fee of $250.00 to City to offset the City's cost of regulating and monitoring use agreement activities. 10. NOTICE Any notice or communication required in the administration of this agreement shall be sent as follows: If to City: If to User: Brian Boerner, Director Name: Dept. of Environmental Mgt. Address: City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102-6311 11. TERMINATION 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. Use Agreement for Environmental Page 7 Sampling with Omega Environmental Services on ��r rrc1 F ,�7 Behalf of FFP Partners r �. y7U M CG:bw V� � j� UWP Ve Upon termination, the User shall be released from all contractual obligations to the City except that all of the User's duties, obligations and liabilities set forth in Section 5 and 7. Section 5, "Restoration of Property" shall survive for'the later of a period of two years after the termination of this agreement or until the property is restored and such restoration complies with Section 5 of this agreement. The duties, obligations and liabilities set forth in Section 7, "Indemnification" shall survive the expiration or termination of this agreement. 12. GOVERNING LAWS It is mutually agreed and understood that this agreement is made and entered into by 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. 13. ENTIRETY This agreement constitutes the entire agreement by the parties hereunder, and any prior or contemporaneous oral or written agreements shall be void. This agreement may be amended or changed only by the written agreement signed by both parties. 14. SEVERABILITY In case any one or more of the provisions contained in the agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. Use Agreement for Environmental �' 1�'u "I G�MY Page 8 Sampling with Omega Environmental Services on -c pfr, )�,47M ? ��o Behalf of FFP Partners Cil UUUo U CG:bw ....... 15. VENUE Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas. IN WITNESS THEREOF, the parties hereto have executed this agreement in triplicate originals in Tarrant County, Texas. OMEGA. ENVIRONMENTAL SERVICES CITY OF, RT WORTH By:_ By: arles Boswell title Assistant City Manager CORPORATE SEAL: FO AL REQU S OR MONITORING W L APPROV ri n Boern r ;rector, Environmental Management WITNESS: APPRON,�ED AS TO FORM ignature) Assistant ty Attorney Print Name: T: Gloria Pear on, City Secretary 7-5a) NO M&C REQUIRED Use Agreement for Environmental MC9ad 6r`Er���1EP Page 9 Sampling with Omega Environmental Services on C'QTY���rU� `U Behalf of FFP Partners , y�M CG:bw ��U B77. woo ���v _ W- r. ® PMw-6 EAST BERRY STREET STORM DRAIN 8-4 v� • f'-1 I I MW-7 WW-3MW-3 imW-5 ® PMW-8I I I NWrr�1'B l NE-2 BROKEN t/ CONCRETE //- ,B: B-3 F I I/� • ASPHALT CONCRETE i CONCRETE \ II Q MW-1 •SB-1 COVERED WALK I I I MW-4 II i STORE ABANDONED ASPHALT LAUNDRY I N • - II4 ' O / 0 FIELD I J II 3 U p __- 1I P � I1 �MW-1B I FIELD I I SB-2 II I • � � ' SIGN LEGEND MONITORING WELL LOCATION • SOIL BORING LOCATION PROPOSED MONITORING WELL LOCATION N —OP— OVERHEAD POWER UNE —G— GAS LINE SCALE IN FEET —W— WATER UNE • — APPROXIMATE PROPERTY BOUNDARY X41 0 20 40 -�, n FENCE UNE (V 0 POWER POLE U, FFP No. 577 p 5800 EAST BERRY STREET, FT. WORTH, TEXAS PRl5 ,; a ING LPST ID No. 103644 w L ' AP OMEGA ENVIRONMENTAL Dratted: 5/11/99 SERVICES 11PROJECT No. FIGURE 1 omega environmental services July 23, 1999 Environmental Management Department The City of Fort Worth 1000 Throckmorton Street Ft. Worth,Texas 76102-6311 Kathryn A. Hansen Request to Install Monitoring Wells in the City Right-of-Way on the North Shoulder of East Berry Street at the Loop 820 Frontage Road in Ft. Worth Re: Offsite Drilling FFP P577 5800 E. Berry Ft. Worth,Texas 76119 LPST I.D.No. 103644 Omega Job No. FFP-24H Dear Ms. Hansen, Omega Environmental Services (OES) is currently conducting a risk-based contamination assessment at the FFP 9577, located at Loop 820 and East Berry Street, in Ft. Worth. The Texas Natural Resource Conservation Commission (TNRCC) requires that FFP Operating Partners assess the groundwater quality to the north and west of the FFP 9577 property, which is in the direction of the city right-of-way (Attachment 1). In order to comply with the TNRCC request, it will be necessary to install and sample a groundwater monitoring well. FFP Operating Partners has given OES authorization to contact neighboring property owners for permission to install monitoring wells. We respectfully request your permission to install one(1)monitoring well on the right-of-way. The well will be located in the approximate position of the monitoring well(PMW-6)shown in Attachment 1. The top of the well's casing will be recessed within an eight inch diameter manhole set flush with the ground and will not restrict the use of the right-of-way in any way. The well will be installed using a truck mounted drilling rig and require about three (3) hours to install. OES will be required to collect groundwater samples from the well on a periodic basis. Enclosed is an authorization agreement stating the terms and conditions under which OES will be permitted to perform the necessary work in the state right-of-way. If these terms are acceptable, please sign and date the agreement and return the original to OES in the enclosed, self-addressed stamped envelope. Upon approval, we will contact you for specifics regarding the best time and date to begin work. We hope that this request will be received favorably as the data from the proposed well is crucial to complete the project. However, if for some reason you do not approve with this request, please indicate by signing on the appropriate line of the authorization agreement and returning it in the envelope enclosed. If you have any questions or require additional information, please contact the undersigned at (972) 714-0300. Thank you very much for your assistance in this matter. Sincerely, 01��CA, OMEGA EN RONM N '' '" °l Mike Sampson ,,,,, „,P„al5ervgn mental Scientist Enclosed in this request-are 1) a map indicating the proposed monitoring well location(figure 1); 2) documentation of contact with the following persons: William Day—TXU Electric and Gas, Buddy Hassel—Charter Communication, Kevin Bruton—City of Fort Worth Utility Coordinator,and Peter Lyden—adjacent property owner; 3) a copy of the TNRCC Corrective Action Response Form; 4) a copy of the FAX approving the preliminary request. . We hope that this request will be received favorably as the data from the proposed well is crucial to complete the project. If you have any questions or require additional information,please contact the undersigned at(972)714-0300. Thank you very much for your assistance in this matter. Sincerely, OMEGA ENVIRONMENTAL SERVICES Mike Sampson Environmental Scientist -_z oIr"eg environmen services w- PMW-6 STORM FAST BERRY SIREN DRAIN B-4 I 1 I MW® tmw-5 (D PMW-8 I I I -1 NE-2 ' ® BROKEN B-6 ' CONCRETE I I 0 B-3 F ASPHALT CONCRETE t CONCRETE II IQ)MW-1 ose-t CL S-3® COVERED WALK II I OIAYY-4 ISTORE ABANDONED I I ASPHALT LAUNDRY o _ I p� O I FIELD MW_,e I I I se-2 FIELD III I LEGEND. B MONTTORTNG WELL LOCATION SOIL BORING LOCATION ® PROPOSED MONITORING WELL LOCATION N --OP-- OVERHEAD POWER UNE —G— GAS UNE SCALE.IN FEET —W— WATER UNE • — APPROXIMATE PROPERTY BOUNDARY 0 20 40 — if FENCE UNE POW�t POLE:_ - ,], 7,17 FFP No. 577 taJQ CB►7. ::'a, ,,'�! 5800 EAST BERRY STREET, FT. WORTH, TEXAS PROPOSEn 'MO v I LPST 10 No. 103644 76I N WELL LOCA T f 0 OMEGA ENVIRONMENTAL_ 10rofted. 5111/99 SERVICES Revised: — I I PROJECT No. TXFFP-24H FIGURE 1 caKIM e4" -zw environmental services RECORD OF TELEPHONE CONVERSATION LSI / MEETING ❑ Date: Job Number._ Recorded By:"e e Son Owner I Client Talked With: d Of._ tel/ �Lec��iC Position: �e Phone:��/7 22 Route To Information Action Main Subject a O�Ir. - E y la�,� DSS asScssrr>�r� a�f;W4 S a c �e e o� Gl afS �ecf d n C y A vPGt e o / keel C C a e Aae in r tic b ier'7 -S/�. PJuscrs/mclissa/rccord of conv.doc/0603977.1 1 K O - J'���'.- tis f��'G�4�([?)1�'D! o Ir7rti ce-g� .at environmental services RECORD OF TELEPHONE CONVERSATION / MEETING ❑ Date; -3h3 Job Number.` f fl,2 7 y Recorded By: D '// ,l n Owner/Client Wi Talked thLAtJ : I aNNf� Of Position: Aav%gMr Phone: 6011)2 Route To Information Action Main Subject: AkADIWi lldiA &0Lg:t - .kJ, A - e f �s fj uscrVmcltssdrecord of conv.dod060397 or�rwega environmental Services RECORD OF TELEPHONE CONVERSATION 01 MEETING ❑ Date:. ;2// Job Number._ a !7 Recorded By: MWeSa Sa Owner I Client Talked With: yin B a1{ ori Of: Z> Q 1/Vor�h Position: UVI t CQardi na r Phone: 1 3 Route To Information Action Main Subject �xr��v;�icS ���� ' a4 crr�/ S � d��� �an�dll�. r ��i�T�n -P,.1�L1/�tinPd ���aS�SS/l��n 7 ctc7'�✓�T��S l f'/users/meliva/rocordofooay.dod060397 if 'fes ! � ( ��_ R bi 1.�� L onnega - environmental services FACSIMILE COVER SHEET Total number of pages including transmission sheet: 5 Date: 2/16/98 To: Peter Lyden-Property Owner Telephone: (817) 560-8856 Fax: (817) 560-3840 From: Jeff Burke Firm: Omega Environmental Services 20 Lake Wire Drive Lakeland,Florida 33815 Telephone: (941) 683-4646 Fax No.: (941) 688-4426 Subject: Permission to Install a Groundwater Monitor Well on Your Property Message: Mr. Lydea, Enclosed is correspondence letter explaining OES's request for permission from you to install a monitor well on your property. If you find the terms to be acceptable, please sign the Letter of Authorization and send the letter to the following address: Bruce Nichols Omega Environmental Services 20 Lake Wire Drive, Suite 200 Lakeland, FL 33815 Thanks Jeff Burke Staff Geologist Sig l, ��r• . 6 N. �'C!_�L�IiNJ 1 _ t•. .. 'C r o omega _ environmental services February 16, 1998 Mr.Peter Lyden-Property Owner Re: Request for Permission to Tunstall a Monitoring Well FFP#577 5800 East Berry Ft.Worth,TX LPST Site No.: 103644 OES Project No.: TXFFP24H As per our discussion on February 16, 1998 during our telephone conversation, I informed you that Omega Environmental Services (OES) is currently conducting a risk-based contamination assessment at the above referenced facility. The TNRCC requires that FFP Operating Partners assess the groundwater quality to the north-northeast of the facility which is in the direction of your property(Attachment 5). In order to comply with the TNRCC request,it will be necessary to install and sample an offsite groundwater monitoring well. FFP Operating Partners has given OES authorization to contact you for permission to install this monitoring well- We respectfully request your permission to install this monitoring well on your property. This well will be constructed as shown on Figure 2 and located in the approximate position of PMW-6 shown on Attachment 5. The top of well casings will be recessed within an 8 inch manhole set flush with the ground and will not restrict the use of your property in any way. The well will be constructed using a truck mounted drilling rig and require about three hours to install OES will be required to collect groundwater samples from the well on a periodic basis. Enclosed is an authorization agreement stating the terms and conditions under which OES will be permitted to enter upon your property. If these terms are acceptable,please sign and date the agreement and return the original to OES in the enclosed self-addressed stamped envelope. Upon approval,we will contact you for specifics regarding the best time and date to begin work We hope that this request will be received favorably as the data from the proposed well is crucial to complete the project. However, if for some reason you do not approve with this request,please indicate by signing where appropriate on the authorization agreement and returning it in the envelope enclosed- If you have any questions or require additional information,please contact Jeff Bunke at(941)683-4646. Thank you very much for your assistance in this matter. Sincerely, Omega Eavinmental Services G - - xW.Nichols Jeffrey S.Bunce Project Team Manager Staff Geologist CAPM No.01112 Attachments: Proposed Well Locations Well Construction Diagram Authorization Agreement V u A� �` j� �1 Omega Environmental Services Corporate Headquarten nn I-knland FL 33515 Phone(941)M46461 Fax(941)682.7386 Flemedladon,ConsuWng&Eng(naar omega „._ environmental services March 28,2000 Department of Environmental Management The City of Fort Worth 1000 Throckmorton Street Ft.Worth,Texas 76102-6311 Shirley Hoover Formal Request to Install Monitoring Well in the City Right-of-Way on the North Shoulder of East Berry Street at the Loop 820 Frontage Road in Ft. Worth. Addendum Re: Offsite Drilling FFP#577 5800 E.Berry Ft.Worth,Texas 76119 LPST I.D.No. 103644 Omega Job No.FFP-24H Dear Ms. Hoover, The following additional information is provided in response to your FAX of March 21,2000. A. Included with this letter is documentation of contact with SW Bell Telephone, TxDOT, and Tarrant County Regional Water Improvement District. B. The laboratory to be used is Xenco Laboratories, 11078 Morrison Lane,Suite D,Dallas,TX 75229. C. A drilling schedule cannot be arranged until OES is granted access to the right-of-way property. At that time, a"drilling tour" will be arranged with the drilling contractor to include this location. The City of Fort Worth will be notified immediately upon arrangement of this schedule. D. The OESproject manager for this location is Adam Czaplinski,CAPM 01282. E. Seven copies of the request are included with this letter. Sincerely, OME A EN IRONMENTAL SERVICES ���c may"• Mike Sampspd Environmental Scientist r : ' Omega Environmental Services - ---- •- •��•+,eon_o„e Remediation,Consulting S Eng, o m e� :colt environmental services RECORD OF TELEPHONE CONVERSATION ,0l MEETING ❑ Date: 3 Job Number_ ��.2T� Recorded By: Ake arvoh Owner/Client Talked With: 111�au a -n-< of: Position: l yMeee- Phone: Route To Information Action Main Subject�I'Ion�f o ryye ,Be,'� �f /, e 94 r S "e /a'✓J eJ elo e W wfr K azlAl-,v� C -,eiv2 a anl o ,are e Mscrs/mc1'issa/r=rd of conv.dod060397 U'4 Jas S 'lei �JG�� o rr� e g 2t environmental services RECORD OF TELEPHONE CONVERSATION Ef/ MEETING ❑ Date: Job Number. f��o -•2 � Recorded By: e an Owner I Client Talked With:�C/7u rK u rno�ri eS of: �d0T- �� y✓alr-f�, Position: &e Phone: 017 2 9 Xl7 Route To Information Action Main Subject 7/- Ile - e la" e owe 5, w o T Pf Ar zl D w " tfuscrs/mcl'issa/rccord of conv.dod060397 'G' � \ oi �.v��� omegas environmental services RECORD OF TELEPHONE CONVERSATION W/ MEETING ❑ Date: 3 -2,�Ipd0 Job Number._ ���" 2 717 Recorded By: ,/� Owner/Client Talked With:&-i Position: oltie Phone: AXE Route To Information Action Main Subject_07oni'ler Well ih- la1/ajfan Dn E ,BerY�/ S/ LaIled leo s Ife,Y?'ea, c work' Y UusersWmetissa/rccord of conv.doc/060397 ���C 0 • � "_.._._..:l"lip JUL-13-1999 'i'UL IU:Sy H(1 c TEXAS NATURAL RESOURCE CONSERVATION COMMISSION LPST CORRECTIVE ACTION RESPONSE FORM _. LPST-ID: 103644 6/07/99 Proposal For: OTHER - ASSESS = GENERAL INFORMATXON LPST-XD ; 103644 Priority: 2 .2 Responsible Party : FFP OPERATIM PARTNERS Tel : 817/838--4786 Facility # & Name 0018525 FFP #577 (EARLS FOOD STORE) Facility Address : 5800 E BERRY Facility City : FORT WORTH County_ TARRANT CAPM & Name : CAPM01289 THOMAS H. SPORN RCAS & Name RCAS00539 OMEGA ENVIRONMENTAL, INC_ TNRCC TECHNICAL RESPONSE Proposed activity is approved with the following modifications: The preapproved amount is the maximum reimbursable cost for additional site assessment off -site to include installation of. two .(2) monitoring wells, soil/groundwater sampling and analyses, waste management, and reporting. PI`ti`, se note that two (2) groundwater samples need to be collected from newly installed wells for TPH/BTEX/MTBE analyses. RBA Report Update is required, Page I -,• I � Lam, �1 .sem tial, P.02/02 ac-wm ---tiff[ 1 Ir1%..A I C Or LIA131LI I T MbUKANIL IDGAOI 05/25/00 I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Premier-USI Insurance Group HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 4-0- Box 2428 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Boca Raton FL 33427-2428 Phone:561-394-6900 INSURERS AFFORDING COVERAGE INSURES Omega Environmental, Inc. INSURER A: Zurich American Insurance Co. , OES Enviromental, Inc. , INSURERS: STEADFAST INSURANCE COMPANY ORE Kolding, Inc. 6 I 20Wire Drive rivel services INSURER C: Lakeland FL 33615 INSURER D: INSURER E: COVERAGES THE POUC19s OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURP.D NAMED ABOVE FOR THE POLICY PERIOD INDICATED.N07wiTHSTANOING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VATH RESPECT TO WHICH THIS C9ATIFI"7E MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POUCUM AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IINSR LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/ DA MM/DD UNITS GENERAL LIABILITY EACH OCCURRENCE i $1,000 OOO A X COMMERCIALCENERALLIAHILITY GL03740333-00 04/29/00 04/29/01 FIRCDAMAGE(Aeyonat4t) s $50 000 X CLAIMS MADE M OCCUR MED EXP(Any ora parson) 5$10,000 PERSONAL A ADY INJURY s$1 000,000 GENERAL AGGREGATE i$1,000,000 GEML AGGREGATE LIIIII'r APPLIES PER PRODUCTS-COMPIOP AGG i$1 000 f 000 POLICY JPEC 71 LOC AUTOMO0&9 UABIUTY CONNESINGLE LIMIT $$1,000,000 A X AWAUTO OAPS740MI-ft _ALL S%LTt 04/29/00 04/29/01 ALL OWNEDAUTOs BAP3743295-00 - VA BODILY INJURY s SCHEDULEDAUTOS TAP3743296-00 - TX (Paf°""n) HIRED AUTOS BODILY INJURY NON.ONRJED AUTOS (Par accJdortq f Comp Ded. ,41000 PROPKRTt'DAMAGE s Coll Ded $1000 (PeraccWsnq GARAGE LOAM r" AUTO ONLY-EA ACCIDENT f ANY AUTO OTHER THAN LA ACC AUTO ONLY: AGG S EXCESS LIABILm EACH OCCURRENCE s $5,000,000 S X OCcuR El CLAIMSMADE SU03740330-00 04/29/00 04/29/01 AGGREGATE s$5,000,000 s DEDUCTIBLE f X RETENTION $25000 s WORKERS COMPENSATION AND TORY LIMITS X ER A EMPLOYERS!LIAINUYY WC369127000 04/01/00 04/01/01 ILL EACH ACCIDENT 51000000 ILL DISEASE.EA EMPLOYE s 1000000 r-LD1SEAzE•PoucYuMrr s1000000 OTHER H Prof. Liab (E40) PEC3740332-00 04/29/00 04/29/01 Per Claim $1,000,000 Pollution Liab. ® ate $1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSIVFHICLOMEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The Certificate Holder is included as an Additional Insured as their intereata may appear. 7- 777 CERTIFICATE HOLDER y ADDITIONAL INSURED INSURER LETTER:_ CANCELLATION OOOOOOO bHouLD ANY OF THE ABOVE DESCRIBED POU E9 8E CANCE4LED.IjG lj �TIIE RA DATE THEREOF,THE ISSUING INSURER WILL E OEAVOR TO-MAIL -10--DAW NOTICE TO THE CERTIFICATE HOLDER NAMED TO THfTE1•T;BST 'TO DO SWILL City Of Forth Worth 1000 Thzock Morton Street IMPOSE NO OBUGATION OR LIABILITY OF ANT KIND UPON THE INBURER ITS AGENTS OR Ft. Worth TX 76102-6311 REPRESENTATIVES. ACCORD 2S.8(7/97) �CACOOFA 1$88 TOTAL P.02 ® PMW-6 E�ISr BERRY srREEr L"T B-4 II i MW-7 MW-3 i MW�-5 ® PMW-8 I I I NW-iJTE E-2 � � BROKEN CONCRETE IASPHALT CONCRETE � - - - IZ MW-1 •SB-1 S-� COVERED WALK I I I lz MW-4 STORE ABANDONED ASPHALT LAUNDRY I CO 4 III • O / ° FIELD I I \ �MW-1B I I I I SB-2 FIELD I I I • � I I ( SIGN LEGEND MONITORING WELL LOCATION • SOIL BORING LOCATION ® PROPOSED MONITORING WELL LOCATION N —OP— OVERHEAD POWER LINE —G— GAS LINE SCALE IN FEET —W— WATER LINE APPROXIMATE PROPERTY BOUNDARY = 0 20 40 �; X FENCE UNE N a � � � I�it IV C9 -�`•'�p .f7 c FFP No. 577 5800 EAST BERRY STREET, FT. WORTH, TEXAS PRO OCH oIT 0 ING LPST ID No. 103644 WELL Loi: AP OMEGA ENVIRONMENTAL Dratted: 5/11/99 SERVICES Revised: — PROJECT No. TXFFP-24H FIGURE 1 ----------- NOV 8 ®mega environmental services November 5, 1999 Environmental Management Department The City of Fort Worth 1000 Throckmorton Street Ft. Worth,Texas 76102-6311 Kathryn A. Hansen Request to Install Monitoring Wells in the City Right-of-Way on the North Shoulder of East Berry Street at the Loop 820 Frontage Road in Ft. Worth Re: Offsite Drilling FFP#577 5800 E. Berry Ft. Worth,Texas 76119 LPST I.D.No. 103644 Omega Job No.FFP-24H Dear Ms. Hansen, Omega Environmental Services (OES) is currently conducting a risk-based contamination assessment at the FFP #577, located at Loop 820 and East Berry Street, in Ft. Worth. The Texas Natural Resource Conservation Commission (TNRCC) requires that FFP Operating Partners assess the groundwater quality to the north and west of the FFP #577 property, which is in the direction of the city right-of-way (Attachment 1). In order to comply with the TNRCC request, it will be necessary to install and sample a groundwater monitoring well. FFP Operating Partners has given OES authorization to contact neighboring property owners for permission to install monitoring wells. We respectfully request your permission to install one(1)monitoring well on the right-of-way. The well will be located in the approximate position of the monitoring well(MW-6)shown in Attachment I. The top of the well's casing will be recessed within an eight inch diameter manhole set flush with the ground and will not restrict the use of the right-of-way in any way. The well will be installed using a truck mounted drilling rig and require about three (3) hours to install. OES will be required to collect groundwater samples from the well on a periodic basis. Included in this request are: 1) a complete site history, 2) site features map indicated all monitoring wells,soil borings,and proposed monitoring well locations;and area land use map 3)a copy of the TNRCC Corrective Action Response Form approving the above mentioned activity, 4) a letter from the site owner authorizing OES to contact adjacent property owners. We hope that this request will be received favorably as the data from the proposed well is crucial to complete the project. If you have any questions or require additional information,please contact the undersigned at(972)714-0300. Thank you very much for your assistance in this matter. Sincerely, ONIEG ENV ONMENTAL SERVICES Mike Sampson � V ��r�;d115 (ci12�rJr�� Environmental Scientist �(S��U (SOU d C'�k.CUi:vIL^UUc� Annual Groundwater Monitorin-Report Omega Job No.FFP-24D LPSTN 103644 II. CHRONOLOGY OF EVENTS May, 1992 UST system was permanently removed from service. Soil samples were collected and analyzed for BTEX and TPH. Samples collected from all four walls of the tank-pit exhibited elevated BTEX and TPH. July 9, 1992 A groundwater sampling event occurred at the subject site for MW-1, MW- 2, and MW-3. The samples were analyzed for BTEX and TPH. The samples exhibited a petroleum hydrocarbon concentration which exceeds TNRCC Category I Cleanup Levels. October 13, 1992 A groundwater sampling event occurred at the subject site for MW-1 and NW-1. The samples were analyzed for TPH and Total Hardness. NW-1 results for the total hardness were 292 ppm. November 23, 1992 GM Enterprises installed three (3) monitoring wells around the former tankpit at the subject site one upgradient (NW-1) and two downgradient (NE-2 and S-3). NW-1 was found to contain PSH. Soil samples were collected and analyzed for BTEX and TPH. Soil samples collected from NW-1 (15 feet) and S-3 (8-10 feet) exhibited benzene concentrations which exceed TNRCC Category I Cleanup Levels. December 19, 1995 OES personnel advanced six (6) soil boring by direct push method at the subject site. Soil samples were collected and analyzed for BTEX and TPH. Soil samples from B-1 exhibited a benzene concentration which exceeds TNRCC Category I Cleanup Levels. January 9, 1996 OES personnel advanced two (2) soil borings (SB-1 and SB-2) and installed three (3) monitoring wells (MW-1B, MW-2, and MW-3). Soil samples were collected and analyzed for BTEX, TPH, and PAH. Soil samples exhibited a petroleum hydrocarbon concentration which is below TNRCC Category I Cleanup Levels. January 19, 1996 OES personnel conducted a groundwater sampling event at the subject site for MW-3 and NW-1. Groundwater samples were collected and analyzed for BTE and TPH. MW-3 and NW-1 exhibited petroleum hydrocarbon concentrations which exceed TNRCC Category I Cleanup Levels. September 22, 1997 OES personnel installed one (1) monitoring well (MW-4) at the subject site. Soil samples were collected and analyzed for BTEX and TPH. Soil samples exhibited a petroleum hydrocarbon concentration which is below TNRCC Category I Cleanup Levels. Annual Ground«ater�Munitoring Rcport Ome.-a Job No.FFP-24D LPST# 103643 IT. CHRONOLOGY OF EVENTS January 12. 1998 OES personnel conducted a groundwater sampling event at the subject site. MW-3 was found to contain 0.09 feet of PSH. MW-2 was found to be destroyed from construction. These wells were not sampled on this date. Groundwater samples were collected and analyzed for BTEX/MTBE and TPH. All samples collected except from MW-4 exhibited petroleum hydrocarbon concentrations which exceed TNRCC Category 1 Cleanup Levels. July 17, 1998 OES personnel installed one (1) monitoring well (MW-5) at the subject site. Soil samples were collected and analyzed for BTEX and TPH. Soil samples exhibited a petroleum hydrocarbon concentration which is below TNRCC Category I Cleanup Levels. February 12, 1999 OES personnel conducted a groundwater sampling event and a vapor survey at the subject site. MW-1 and MWAB were dry. These wells were not sampled on this date. The vapor survey results were all 0% LEL. Groundwater samples were collected and analyzed for BTEX/MTBE and TPH. All samples collected except from MW-4 exhibited petroleum hydrocarbon concentrations which exceed TNRCC Category 1 Cleanup Levels. April 28, 1999 OES personnel conducted a groundwater sampling event at the subject site. MW-I was dry and was not sampled on this date. Groundwater samples were collected and analyzed for BTEX/MTBE and TPH. All samples collected except from MW-lB and MW-4 exhibited petroleum hydrocarbon concentrations which exceed TNRCC Category I Cleanup Levels. August 18, 1999 OES personnel conducted a groundwater sampling event at the subject site. NW-1 was found to contain 0.06 feet of PSH. MW-4 was unable to be located. MW-1 and MW-1B were dry. These wells were not sampled on this date. Groundwater samples were collected and analyzed for BTEX/MTBE and TPH. All samples collected except from MW-5 exhibited petroleum hydrocarbon concentrations which exceed TNRCC Category I Cleanup Levels. February 3, 1996 Approximately 6.33 gallons of PSH has been recovered from .NW-1, NE- through August 18, 2, MW-2,and MW-3. 1999 (3) UPP — w-- STORM �_ — --- — M � CAST BERRY STREET DRAIN B-4 IIIMW-3 i MW-5 ®5 i l i NW-l/ NE-2 I BROKEN .� B-6 CONCRETE / • B-3 CONCRETE ASPHALTCONCRETE l\ II I I �MW-1 S-3 v COVERED WALK I I MW-4 tx< w I I i as +aLT STORE ABANDONED LAUNDRY I � I I I • -, 4 de, FIELD I II J / 0 i I I BMW-1B I I FIELD I I S;2 • III � III SICN I LEGEND MONITORING WELL LOCATION • SOIL BORING LOCATION N —OP— OVERHEAD POWER LINE —G— GAS UNE SCALE IN FEET -W— WATER UNE • — APPROXIMATE PROPERTY BOUNDARY 0 20 40 - -- - FENCE UNE a POWER POLE FFP No. 577 5800 EAST BERRY STREET, FT. WORTH, TEXAS � �=��� -�'���� LPST ID No. 103644 L�AT OMEGA ENVIRONMENTAL Dratted: 1/27/98 SERVICES Revised: 5/11/99 IPROJECT No. TXFFP-24D ATTACHMENT 1 N ^-500' SCALE IN FEET RADIUS SHRU13Y WOODED AREA 0 75 150 N 1� LARGE DRAINAGE CREEK o \ W / v PAINT do STEWERT II BODY SHOP IEC do \ STEVENSON p EAST BERRY STREET CC —SS— Chi Scr VACANT OFFICE I O N Z N ,j� /�/, LOT BUILDINGS I y/ ►i W N / a v ` OFFICE \\ 0 BUILOINC WAREHOUSES / \ 3 OFFICE / ;11 BUILDINGS i LEGEND —OP— OVERHEAD POWER LINE —UT— UNDERGROUND TELEPHONE LINE _ —w— vv ITARY 99 NI , FFP No. 577 5800 EAST DERRY STREET, FT. WORTH, TEXAS LPST ID No. 103644 LAND USE OMEGA ENVIRONMENTALDratted: 1/27/98 SERVICES Revised: 8/25/99 PROJECT No, TXFFP-24D ATTACHMENT 2 JUL- . ILk IU;:)j rill c TEXAS NATURAL RESOURCE CONSERVATION COMMISSION LPST CORRECTIVE ACTION RESPONSE FORM LAST-ID: 103644 6/07/99 Proposal For: OTHER - ASSESSMENT GENERAL INFORMATION LPST--ID 103644 Priority: 2 .2 Responsible Party : FFP OPERATING PARTNERS Tel : 817/838-4786 Facility 4 & Name : 0018525 FFP #577 (EARLS FOOD STORE) Facility Address : 5800 E BERRY Facility City : FORT WORTH County: TARRANT CAPM & Name : CAPM01289 THOMAS H. SPOHN RCAS & Name : 22CAS00539 OMEGA ENVIRONMENTAL, INC. i TNRCC TECHNICAL RESPONSE Proposed activity is approved with the following modifications: The preapproved amount is the maximum reimbursable cost for additional site assessment off site to include installation of two (2) monitoring wells, soil/groundwater sampling and analyses, waste management, and reporting. PLSe note that two (2) groundwater samples need to be collected from newly installed wells for TPH/BTEX/MTBE analyses . RBA Report Update is required. CIA E`KCNIDU Page 1 ��UN � " ^�i .,GJJ IUL. IU•JJ fill L .... - r TEXAS NATURAL RESOURCE CONSERVATION COMMISSION LPST CORRECTIVE ACTION RESPONSE FORM LPST-YD: 103644 6/07/99 proposal For: OTHER - ASSESSMENT TNRCC TECHNICAL RESPONSE ACTIVITY COST SUMMARY JUL 13 ENT'Q ?roposed Cost : 9, 592 .00 Maximum Pre-Approved: 6, 709 . 00 ignat e ; Date;. 7/13/99 Telephone: 512/239-2200 oe Liu, CPG Coordinator Page 2 ';� pp8``�,, ��� jC�uD 'r � llH1 . MY