HomeMy WebLinkAboutContract 308837-Eleven Store No. 12542
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CONTF�AC� �� . Ft. Worth, Texas
STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENT
COUNTY OF TARRANT
RIGHT-OF-WAY USE AGREEMENT
TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING
This Agreement is entered into by and between the City of Fort Worth, a home-rule
municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City",
acting herein through Libby Watson, its duly authorized Assistant City Manager, and 7-Eleven,
Inc. through SECOR International, Inc., its duly authorized representative; hereinafter referred to
as "User", pursuant to the requirements of Chapter 12.5, Division 4, of the City Code of the City
of Fort Worth.
NOW THEREFORE, it is agreed as follows:
1.
GRANT OF USE
A. City agrees to pernut 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-1", to be located within the
600 block Arch Adams Street. Between Legal Description: Bailey,
William J. Addition, Block 7, Lot 20R and Block 8R, Lot AR1, Fort
Worth, 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 property rights to any City property or right-of-way in which
the well is installed and environmental sampling is conducted, and access to the
property shall be nonexclusive at the City's discretion.
2.
REGULATION OF CONSTRUCTION
A. User shall conduct environmental sampling in accordance with federal, state and
local laws and regulations.
B. The construction of the well shall comply with the scope and details of
construction of the well that is included in User's Informal Request for Sub- _ '
RIGHT-OF-WAY USE AGREEMENT TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING �>' �
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surface Environmental Sampling, dated August ll, 2003, and User's Formal
Request for Temporary Access to Install Monitor Well, dated January 30, 2004
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 8-inch diameter, water-tight steel manhole box along with a
minimum 24-inch by 24-inch 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 performs any aspect of the
construction, operation, or maintenance of the Monitoring Well to possess all
federal, state, and local licenses to perform all work contracted for, prior to
initiation of such work.
E. User agrees to use the equipment that it has listed in Exhibits "B" and "C", in the
construction, operation, and. maintenance of the well.
F. User has indicated in Exhibit C that it will utilize the services of Dixie Drilling
which is a state-licensed environmental drilling firm, to install the monitoring
well. If User determines that it will be necessary to contract with another
company, User agrees to obtain written acceptance by the City prior to initiation
of any drilling or installation.
G. User shall maintain and operate the monitoring well. In the event that User
determines the need to contract the maintenance and operation of the well with a
third party, User shall notify the City of same in writing prior to doing so, and
shall obtain written acceptance by the City of such a contract.
H. User shall install, maintain, and monitor the well:
a. In accordance with the City of Fort Worth's Standard
Specification for Street and Storm Drain Construction, which is
hereby incolparated 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;
c. So that no discharges are made to either the City's municipal
separate storm sewer system or to the sanitary sewer system; and
RIGHT-OF-WAY USE AGREEMENT TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING 2
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7-Eleven Store No. 12542
3220 W. 7`h Street
Ft. Worth, Texas
d. So that the openings to the monitoring wells are protected at all
times 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 Department of Engineering
and the City's Traffic Engineer at least forty-eight (48) hours before drilling
commences, and further 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 from all City-franchised
utility companies, and any non-franchised utility companies so affected, prior to
the commencement of drilling, and that the City has been provided with a copy of
said clearances.
3.
INSPECTIONS
The City's Traffic Engineer, and the City's Environmental Manager, or their designated
representatives, are authorized to inspect User's operations at all reasonable times and to halt
User's operations when necessary to protect the environment or the traveling public. User shall
ensure that its contractor complies with all orders to halt operations given pursuant to this
paragraph.
4.
REPORTING REQUIREMENTS AND MITIGATION OF CONTANIINATION
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, shall be provided to the City at the same
time that such infortnation is submitted to Texas Commission on Environmental
Quality.
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7-Eleven Store No. 12542
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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.
5.
RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY
A. User shall repair, clean up, and restore all rights-of-way and other City property
disturbed during the installation, maintenance, and sampling of wells, and shall
warrant the repairs and restoration of such rights-of-way and other property for a
period of two (2) years from, the date of completion of same. Such repairs, clean
up, and restoration shall return the rights-of-way and other disturbed property to
substantially the same condition they were in before User's operations began. The
determination that the rights-of-way, other City property, and their surfaces have
been returned to substantially the same condition shall be made by the City's
Director of Transportation and Public Works, or his designee.
B. City shall have the right at any time to order and require User to remove or abate
any spill, discharge, well equipment, or other facility that is dangerous to life or
property. In the event User fails or refuses to comply with the City's order, or if an
emergency exists which precludes the City from giving notice to User prior to
responding, City shall have the right to remove or abate same at the expense of
User, all without compensation or liability for damages to User.
C. Within thirty (30) days of the expiration or earlier termination of this Agreement,
User shall remove the well and restore the City's right-of-way and other property
in accordance with part A of this paragraph. User's plan to remove the well and
restore property is subject to the City's approval, and shall be submitted to City
prior to the removal.
D. If, within fifteen (15) days' written notice from the City, User fails to remove the
well and restore property as required, City may cause the well to be removed and
the rights-of-way and any other affected property to be restored without notice to
User. User shall pay City for all costs incurred by City in said removal and
restoration.
RIGHT-OF-WAY USE AGREEMENT TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING 4,
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7-Eleven Store No. 12542
3220 W. 7`h Street
Ft. Worth, Texas
6.
RELOCATION OF MOIVITORING 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 twenty-one (21) 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 right to permit to be laid and repaired, sewer, gas, water, and
other pipelines, cable, conduits, and other similar facilities in, along, over, or
under any rights-of-way and other City property occupied by User pursuant to this
Agreement. City further reserves the right to require User to remove or relocate its
wells to enable use of the rights-of-way or other property by City's franchisees,
licensees, and invitees. City, its officers, and employees, shall not be liable to
User for any damages, loss or expenses arising out of the performance of such
work or the relocation or removal of User's wells; however, nothing herein shall
relieve any other person or corporation from liability for damage to User's wells,
equipment, and other facilities.
7.
TERM
The term of this Agreement shall be for a period of two (2) years from the date of its
execution by both parties, if no contamination is confirmed through the well, and upon
satisfaction of the Texas 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. �
RIGHT-OF-WAY USE AGREEMENT TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING
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8.
INDEMNIFICATION
A. Definitions. In this paragraph, the following works and phrases shall be defined as
follows:
1. Environmental Damages shall mean all claims, judgments, damages,
losses, penalties, fines, liabilities (including strict liability), encumbrances,
liens costs, and expenses of investigation and defense of any claim,
whether or not such claim is ultimately defeated, and of any good faith
settlement of judgment, of whatever kind or nature, contingent or
otherwise, matured or unmatured, foreseeable or unforeseeable, including
without limitation reasonable attorney's fees and disbursements and
consultant's fees, any of which are incurred as a result of the existence of a
violation of environmental requirements pertaining to the wells, and
including without limitation:
a. Damages for personal injury and death, or injury to property or
natural resources;
b. Fees incurred for the services of attorneys, consultants, contractors,
experts, laboratories and investigation or remediation of the
monitoring wells or any violation of environmental requirements
including, but not limited to, the preparation of any feasibility
studies or reports of the performance of any cleanup, remediation,
removal, response, abatement, containment, closure, restoration or
monitoring work required by any federal, state or local
governmental agency or political subdivision, or otherwise
expended in connection with the existence of such monitoring
wells or violations or environmental requirements, and including
'without limitation any attorney's fees, costs and expenses incurred
in enforcing this contract or collecting any sums due hereunder;
and
c. Liability to any third person or governmental agency to indemnify
such person or agency for costs expended in connection with the
items referenced in subparagraph (b) herein.
RIGHT-OF-WAY USE AGREEMENT TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING 6
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7-Eleven Store No. 12542
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2. E�zviro�znzental requirenzents shall mean all applicable present and future
statutes, regulations, rules, plans, authorizations, concessions, franchises,
and similar items, of all governmental agencies, departments,
commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial,
administrative, and regulatory decrees, judgments, and arders relating to
the protection of human health or the environment, including without
limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, emissions, discharges, releases, or threatened
releases of hazardous materials, pollutants, contaminants or
hazardous or toxic substances, materials, or wastes whether solid,
liquid, or gaseous in nature, into the air, surfacewater,
groundwater, stormwater, or land, or relating to the manufacture,
processing, distribution, use, treatment, storage, disposal, transport,
or handling of pollutants, contaminants, or hazardous or toxic
substances, materials, or wastes, whether solid, liquid, or gaseous
in nature; and
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
ACTION WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO
PERSONAL PROPERTY, OR PERSONAL INJLTRY, AND/OR DEATH,
OCCURRING AS A CONSEQUENCE OF THE USER'S OPERATIONS
UNDER THIS AGREEMENT, WHEN SUCH INJUKIES, DEATH, OR
DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF USER, ITS
OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE
JOINT NEGLIGENCE OF USER, ITS OFFICERS, AGENTS,
EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR
ENTITY.
C. Environmental Indemnification. USER DOES HEREBY RELEASE,
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE
CITY, ITS OFFICERS, AGENTS, AND ENII'LOYEES, 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
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CONTRACTORS, OR THE JOINT ACT OR OMISSION OF USER, ITS
OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY
OTHER PERSON OR ENTITY.
D. The obligations of the User under this paragraph shall include, but not be limited
to, the burden and expense of defending all claims, suits and administrative
proceedings (with counsel reasonably approved by the City), even if such claims,
suits or proceedings are groundless, false, or fraudulent, and conducting all
negotiations of any description, and paying and discharging, when and as the
same become due, any and all judgments, penalties or other sums due against
such indemnified persons.
E. Upon learning of a claim, lawsuit, or other liability which User is required
hereunder to indemnify, City shall provide user with reasonable timely notice of
same.
F. The obligations of the user under this paragraph shall survive the expiration or
termination of this Agreement and the discharge of all other obligations owed by
the parties to each other hereunder.
9.
INSURANCE
A. During the term of this Agreement, User shall maintain the following insurance
coverage and the respective policies thereof shall cover all risks related to the use
and 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 the following insurance coverage: 1.
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Commercial General Liability Insurance:
$1,000,000.00 per occurrence combined single limit for bodily
injury and property damage
2. Automobile Liability Insurance:
a. $1,000,000.00 each accident; 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-owned and borrowed vehicles.
3. Workers' Compensation Insurance
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 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 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 in lieu of commercial insurance policies shall be
assessed, and as appropriate, approved by the Risk Manager; and, as applicable,
RIGHT-OF-WAY USE AGREEMENT TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING •; -
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pre-approved by the Texas Department of Insurance. All such approvals must be
completed andlor 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
Environmental Management.
I.
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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.
The City may revise insurance requirements specified herein, at its sole
discretion, to protect its interest, giving ample prior notice to User.
10.
CONSIDERATION
In consideration for the use herein granted, User agrees to pay City a fee in the amount of
$250.00 (two hundred, fifty dollars, and no cents), which is due and payable upon User's
acceptance of this Agreement. Such fees shall be used by the City to offset the cost of 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:
7-ELEVEN, INC.
Attn: Ken Hilliard
2711 N. Haskell Avenue
Dallas, Texas 75204
Telephone: 214.841.6592
12.
TERNIINATION
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
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breach or omission in reasonable detail. The User shall have a ten (10) day period
commencing upon the date of notice of default in which to effect a cure. If the
User fails to effect a cure within the aforesaid ten (10) day period, the City may
terminate this Agreement by written notice to User.
B. Upon termination, the User shall be released from all contractual obligations to
the City, except that all of User's duties, obligations, and liabilities set forth in
Paragraphs 4, 5, and 8 shall remain in effect as indicated herein. The requirements
imposed under Paragraph 4, "REPORTING REQUIREMENTS AND
NIITIGATION OF CONTANIINATION", 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 provided that the City will not require User to perform remediation in
excess of State standards. User shall provide evidence to the City that those
standards have been met upon request by the City. The requirements imposed
under Paragraph 5, "RESTORATION OF RIGHT-OF-WAY AND OF CTTY
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 ternunation
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. This Agreement may be amended
or changed only by the written agreement of both parties.
15.
SEVERABILITY
In case any one or more of the provisions contained in the Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision of this Agreement, and this Agreement shall
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be construed as if such invalid, illegal, ar unenforceable provisions had never been contained
herein.
Texas.
16.
VENUE
Venue of any suit or cause of action under this contract shall lie in Tarrant County,
17.
AUTHORIZATION
The undersigned officer andlor agents of the parties hereto are properly authorized
officials and have the necessary authority to execute this Agreement on behalf of the parties
hereto, and each party hereby certifies to the other that any necessary resolutions extending such
authority have been duly passed and are now in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
originals in Tarrant County, Texas.
7-ELEVEN, INC.
� •
BY: ,.
Kirk F. Sniff, Attorney-in-Fac
Date Signed: 1�'��� � ��y
Exhibit D— Delegation of Authority
WITNESS:
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Signature �',� �, ��i :i'��n,,/� �,,�!� ;� <'-:�
��. 7 .� , T � :J
/
Print Name: � ��'� �'� (- �'t,� ��_ ��-' S
__
CITY OF Fb�T WORTH
/ / � /
BY: / � '
Libby Watson
Assistant City Manager
Date Signed: l � ! `� �� �
APPROVED AS TO FORM
�.�
Assistan ity Attorney
ATTEST:
�� .
Marty Hendrix, ity Secretary
No M&C required
RIGHT-OF-WAY USE AGREEMENT TO INSTALL A WELL FOR ENVIRONMENTAL MONITORING
7-Eleven mtd the City of Fort Worthv2
850321.1 /S P2/76088/0290/ 102804
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Si11W�' ShaW
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Errvirnnmental, inc.
August 11, 2003
City of Fort Worth
Environmental Management Department
c/o Mr. Chris Breitling
1000 Throckmorton
Forf Worth, Texas 76102-6319
Re: informal Request for Sub-surface Environmental Sampling,
Near 7-Eleven Store #12542
3200 W, 7th Street
Fort Worth, TX T6107
Dear Mr. Breitling:
Shaw Envtronmental� Inc.
8081 Royal Ridge Parkway
Suite 250
Irving, TX 75063
214.277-7800
FAX: 214.277-8600
Shaw Environmental Inc. (Shaw) has been retained by 7-Eleven, Inc. to perform an environmental
assessment of the soil and groundwater at the above-referenced site (Site). ,The Texas Commission on
Environmentai Quality (TCEQ) has requested that a monitoring well be placed between the Site and a
water supply well iocated within a 1/2 —mile radius. The Corrective Action Response .Form (CARF) is
attached for your files. Attachment A showing the TCEQ's preferred placement of the weil was
forwarded to your attention on August 8, 2003. Please review and approve this request for further
processing.
Shaw appreciates your prompt attention in this matter. If you have any questions, or require additional
information, piease contact Leigh Grover at (214) 277-7821.
Respectfully submitted:
Shaw Environmental, Inc.
J � � .
Le' rover
ite Manager/Geologist
cc: File
r
� a ✓\'�r��
, Ja e Lomas
enior Project Manager
�1
' F�B-26-2003 WED 02;16 PM FAX N0, P, O1/07
� � � �.� G� o
��
T C� FAX T�:.A.l'�TS MI
DATE:
TO:
FROM:
Z ��
Name
Organiza�ion
NO. OF �AGES (.�ncl udingr thi s shee t) :
��
/ �L�V.�LV 1N1: �
Fax Number _(214) 277-$6�0
r
i
i
TEXAS CdNlMYSSTON ON ENV�RONM�I�T'�AL QUALITY
Name
Telephone
F�x Number
Mail
�
Susan N. Willi,ar�ls
Pxo-i ect Manaaer �
512/239-2200 !
_ �
,
5�.2/239-2216 �
8711-
NOTES: Respons� to Corr.ective Actian Prog�osal(s) for
LPST #: 110855 , Facility �D: OOQ9213.
I� you have any problems receivinc� this fa�, please
. call 512/239-2200 . �
P1.esae note that riew' eorr�ct�v� Actio� Pre�pproval Fox�us have been
requ�.�ed aince September 1,1995 . The �Qrirts are atrailabl.e at no cost
by dowri7.oad.ing from the TCEQ Bu].�.etin Board Serv�ices (BHS)
(512/239-0700), or over the Ynternet at:http://www:tceq.sGa�e.tx.us.
You may also order the �orms on disk�tte itrom the TCEQ, MC-195, P.o.
Box 13088, Austin, TX 78711-3oB8 (please �pecify the Corrective Action
Preappro�cral Forms on diskette) . A pamphl�t witih reproduc�.b�.e form� is
available .at no cost Y,ty cal].ing TC�Q Publ�.cations at 512/239-OQ28.
Please note that a11 I,PST corrective acti�n proposa].s �nd repc�rts need
to be prepared by an �nvironmental � contracting/corzsulting firm
regist�r�d as a Corrective Acti.on S�ecial�st (CAS) and �eed tv ki.ava t�ie
the signatures aud regist��tiob. uvmUers a# both the CAS ax�d registered
Carx�ecti.ve Actioa Project I�anager (CAPM) �.neluded purtsu�.nt to Title 30,
Tex,�s Adminit�trative Cocle (T�C) , Subchapt�r J. Any �x�oposal that has
been prepared by a consulta,ng �irm not re•ister�d as a CAS by the 'I'e�as
Commission on En�crironmental. Qua�ity (TCEQ�, or which �does not
include the signature and reg�,stx�tion �umber of �h� Project Manager
may be rejected. Pleaae resexva the u�e of the telefax rnach3n.es for
submittix5.g proposals and datia for LP3'� ca�sea that rank as new priority
1� s anc� for emer�ency a�atement activa.tie� .
r�, .... ';;tf, ��'
FEB-26-2003 WED 02:17 PM
T��AS COMMISSYON ON
LPST CO�CTNE
LPST-ID
R�sponsib�.e Party
Facility # & Name
Facility Address
Faci.l�ty City
CAPM & Name
RC?�S & Name
FAX (J0.
i
�
EN V'Y�.QNMENTAL
ACTI�N �RESPONSE
Q�C.JAL.ITY
FORM
Lk'f3T��p: 1108$5
1/23/2003 Proposa7. Fox: �HER - A33ESSMENT
i
GENERAL IN�ORM�TION
: 110555 Priority': 2.5 �
: '7 ELEVEN �NC !
: 0009213 7 ELEV�N 12542 ;
: 3zao w 7�x i
: FORT WORTH Couu�ty :
: CAPM00381 L�NDA S�TAFFER �
: RCAS00429 IT CORPORA'rYON'
TCEQ TECiiNIC.'a.L RES
Tel: 214/277-7816
TA.Rit�INT
P, 02/07
Proposed activity a,� approved w�ith �he fo].lowi�g modifications :
Secause it appears that a Coxrective Action Pl�n (CAP) is not warranted for thi:
site, the S��atember 1, 2003 deadli.ne doea not �ppl�.
�
I ase note tha� the workpzan and cost proposa�. �ox installation of MW9 was
�u�mitted twic� to �his Office for review. ;
This approva� is for the instiallation of (�.) 2
well to serve as a sentinel well b�twr�en the s
the northwest of the s�.te (�z3). Pleas� see t
�pproved well location. Three soil aamples sh
boxing: (1) from the zone of highest contamina
the bo��.ng, and (�) from the zone immedia.te].y
need to be al�.alyzed for BT�X and TPH(1005) . A
collected �rom the completed well and anaZ�zed
completion of i.nstallatio�rl activities, please
diamet�r/20 � deep mon�,to�i.ng
te and the actiitre water well to
,e a�tached site map for the
�u1d be colJ.ec�ed from the initia]
ion, {2) irom the tatal depth af
bave the saturat�d zone. Soils
gx�oundwater sample should b�
for BT�X/MTBE/TpTi(1005) . Updn
ubmi� an Updated A�3sessment
Report (a letter report, as noted in the workp�an, is not suffic�.ent to r�port
the well installatian), along with a woxkp�.an �nd cost proposa�. for the next
app�o�xi�.te phase of correc�i�tt�e action. ;
A cost s read�heet is attached for ,
p your review. Preappx'oved cos�a ahown are foz
a total of 4 BTEX/TPH(1005) soil sam�Zes (one �s for wastie characterization), 1
tatal lead (soil), ancl 1 BT�X/MTBE/TPI�(10Q5) g�'oundwater sample. I� a r�duc�d
scope of work is com�leted, the maxitnum reimbu�sable costs w�.�.l be adjusted
accordirigly. ,
PLEASE NOTE THAT YOU AR� REQUIREp TO NoTIFY
LATER THl�N 10 DAYS IN A.DVANCE OF CO�]AUCTING
page 1
ApPT20PRIATE TCEQ FIEL� OFFICE NC
APpROV'ED ACTTVITY:
� ',f 'p '� � � `�., ':". C: ! � � . � �
S �..:,� -1 U, 5 ;; �? �
��1 � ';?�;i �;:C:�'��L, �'�✓`%� (
a � �
,� FE�-26-2003 WED 02:17 PM FAX N0. P, 03/07
• i
I
�
TE�AS COMM�SS�ON OI�T ENVIR��IVIENTAL Q�JALITY
LPST C0�2ECTIV'E A�TIOI� �.ESPONSE FORM
;
LPBT-ID: 1.108�5
1/23/Z00�3 Pro�o�al For: O'�'HER - A3Si3SSMENT
�
TCEQ TECHNYCAL RES�ONSE
�
ACTrVITY C08T S
:
Proposed Cost: 4,7�8.00 Ma�cimum �re-Approved: 4,627.00
;
i
� � .
Signature: -• ,�.%U. � Da�e: i2/26/03 '1'elephone: 512/239-2200
Susan N. Wil iams ;
Proaect Manager �
,� , _ �� , , � !�� �i 1; i
„f�'1��`..�)_ ._ �.5 ._ �
�,• _,C� �,;-
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Pag� 2
,°. FEB-26-2003 WED 02�17 PM FAX N0, P, 04/07
�
TEXAS COMMISSIfJN OI� �NVIRC��IMENTAL QUAi,I'�Y
LPST COR:�2ECTIVE ACTIUl�±R�SPUlV�SE FOR1Vr
� �
I,PST-ID: 1�08�5
2/05/2003 Proposal, bor: �THSR - AGSES3MENT
GENER.AU IN'FORMAT�ON
LPST-ID : ].10855 Priorit�r: 2.5
Re�porisible Paxty : 7 ELEVEN INC
Facility #& Name : 00492�3 7�LEV�N 12542
Faci],�.ty Adc3ress : 3200 W 7TH
Fac i 1 i ty C�, ty : F'ORT WORTH Cou
CAPM & Name : CAPM4 03 8 2 LI�TDA SHAFF'ER
RC�S & Name : RCASOQ429 IT COR�ORATION
TCEQ TECF�7YC1�L RES
Propoaed ac�i�crity i� not approved for these t
DUPLICATE WORKpLAt�i. SEE DIRECTIVES OI�
praposed Cas�:
ACTIVITY COST
6,828.00 Maximum
Te7.: 2Z,4/2'77-7816
ty: TARRRNT
nical reasons:
CARF.
X
e-�pproved:
. , i
i
Sign��Cure : pate : j 2/�6/03
usan N. Willzam� ;
Project Manager :
i
I
0
Fage 3
� ��
Telephone : 51.2/239-22 � d
cc:
FE,B-26-2003 WED 02:17 PM FAX N0, P, 05/07
i
,
I
TEXAS C�IVIMISSIO� aN ENVI�Z � NMENTAL QUALYT'Y
Q
�.pST CORREC'�IVE ACTION'; RESPOI�SE �oRM
�
LPST-ID: 1108�5
2/05/2003 Pxapoaal For: O�`HLR - ASSSSS�NT
i
Pursuant to 30 TAC SectiQn 334.82 (b),;you are required to not�.fy all
par�ies af�ected by the cont�minat�.on. If you determin� �hat
cantamination from the release has mi�rated off-sit�, or a.� you are
requ�.xed by the TCEQ to conduct �urther assessment ox other
corrective actions o�f-site, th�n ypu are r�quired to no�if� the
affected landowner(s) within 30 day� of documenting the impact.
Please note that J.andowners may �nclu�le state and local owzzar� af
right-of,wa�r propertiea. For the purpbse o� this requir�ment, notic�
sha�l be through any meana described !in 30 TAC Section 334.82 (a).
Please provide documentation that the;affected landowner(s) has/have
been notified within 30 days of not�.f�.cation. Fl�ase note �hat
faiYure to aota.�y �ftected pa�t.iea as �required hereirr is groundr� for
�ormal enfareemerit proceedings. '
Please note that preapp�oval of th
reimbursement. EligYblity is determine
application review. If the xelease
amount is the maxzmum allot�rable �a
actual amount o� reimbursement w'i1.1 be
reimbursement application and all re
su}amitted, and the completed activi
and reimbursabl.e cost re�riew. In all,
must be technically jus�ifiable and sh�
in the correctiv�e actiar�. procese . T�
performecl should be b�sed on completio;
Additionally, please also note that px�
eligible markup. !
s activity DOES NOT guar�rite�
, at the time of reimbur�ement
is eligib�e, the preapproved
� the proposed activiti�s. The
determin�d after the comple��d
ated receiptis and invoa.ces are
y is subject to technical and
instances, the complet�d work
u�.d serve to advance the.�ite
e amount of preapproved work
of the activity�s obj�ctives.
approv�ed amounta include a17.
Claims for reimbursement ahould pnly be submitted after the
completion of an annual cycle for r�mediatiox� �ystem operation and
ma�.nt�nance, and quarterly g�oundwa.�ter monitox�ing unless a more
frec�uent filing period is prev',iously approved by the PST
Reimbursement Section. Th� Resmburse'tnent Section can be reached at
512/239-2001.. ;
Sam Barrett, TCEQ Region � Field 4ffice
2301 Gra�rel Drive, Fort Worth, Texas 7611
Phone: 817%588-5800 Fax: 817/588-5703
Page 4
-6951
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„` F�B-26-2003 WED 02 -18 PM FAX N0. . P, 06/07
TNRCC #:
�PST #:
� �iftty �:
:lifty Narlte:
Faciliry address:
Date:
P�epared by:
Pfeliminary Plenning
Activity 04: Site A�sessment PreaE
110855 �
9213 �
7-Eleven Store No.1Z342
320o West 7th Street, Fort Worth, Texa �
24•Feb•03
SNW
Water WeIVOthe► Facility Searc;h
WalkinH Recepta Survey
Slte/Monitor Well SurveY
Access 1 � of praperties
Genera4an
nal Oftice Personnel
nal Field Personnel
al Sutxantracted Ps�sonne!
ik�dor Markup °%
= S�
10°k
Type � Hollow S1emlAi� of Mud Rofary�Air Coring
# Avg, Oapth
6arings 0 25 fl,
2” welis 1 20 it
4" wells 0 25 ft
8"wells 0 25 n.
OtliCr 0 25 ft.
Gmail IteYne 0 91te d0ys
:alDemob
,.rillers Per Qiem 4# in creW
Direct Pust� 0 tota) footaea
Direct Pusn Wells 0 feet
Small item6 o site days
MoNDemob
Dlllle►s Pef Piem � 0�1 in crew
Subtotat SubconttacteQ Qrilline =
C. Waste M1Manapament
Units
vatuum YruCk s x
Ftuids Oisposal 2b x
So0 Disposat • cu. yd. 0.00 x
Soll Plsposal - dnrm 2 X
Sub. H or Alt DiSCh, R x
5ubfolal Subcontracled Waste Mgmt =
we�
. ier
SO
$1,025
$S55
$841
So
Cesing Dia.
�!/A
WA
N/A
N/A
26 m7es one way
o days
O Helf days
0
4
51,425
¢1,324
5838
�1,035
Sz3o
miles one way
days
$1,o2b
w�i�s
welis
Wells
�►erl we�is
0
�
0
0
0
25
p. Analytical
7ata1 Type tF Samples S/unk
_ ;0 7NRCC 7Q�5 - Soil 4 x $B3 =
_ �0 BTEJC-Soil a x �3 =
= SO 1'NRCC 1005 - Water 7 x 583 =
= S30D HTEX-Watet' o x S83 =
= 5920 �TEX/Mf�E - Water 7 x S85 =
= SaBb Total Lead - soil 1 z 331 =
= So paH�a�ooj • soil o x S�aB =
= 5275 PAM(910)-water 0 x 5158 -
PAH(8270) - Soil 0 x E�22 �
= SO pAH(8270) • Wa�er 0 x S249 =
- 115 TOS 0 x �15 =
1 495 voC - soi► o x S2e6 �
VOC - weter 0 x .$286 =
d RCRA Melals • soil 0 x 5160 =
Total Sal Perameters 0 x 5300 =
o x so �
- EO MoDlle t-sb 0 x $925 =
= Si,025 �eb rtlob-36e Dp mob 0 x $0 =
_ �Q Shipping 11 x $6 =
- � Subtota{ SubcontraGted AnslyGcal S7s4
g EO SubcPrtfredor MarKu 96 10° -
- �o C7. Total Analyticel
= 514s
_ $0 �. Travel
_ $D Un'r►s S/Un{t
_ $o �quipment Trvdc 1 x S140 =
= SO t:)ne wsy mi{aage lo site 25
= SO Milespe (>100 r.t.) 0 X E0:37 s
_ $� TT E/G/FI - r.t. / 50mph 2 x t86.00 c
TT Tech. - r.t /5ompn o x �46.00 =
- 154 f�erDi6m 0 x 580.00 a
'1 324 Airfnre o x io.0o �
SUbtotel SubGontraqed Trevel = SO
Subcantrador Markup °% 159'0 =
S/unit �r� E. Total 7ravel
�76 =
so =
526o p�eea.=tO.SO%y �
2s0 base+S4bJdlum =
�fl -
$54b
nno� _
$22b
$10 h'. Other �xpenses
$o units
�340 Disposabie Dellers 1 x
SO Drums •2 x
ox
$S 5ubtolal SuDcvntreoted Other =
i�� SubcatifACtOf M8fkl1 °/a
F_ Total Olher � nses
Annmvnti. PmnnFarl
EO �1,495
51,025 51,324
$5AB 5B30
S734 $en�
yo �270
$/l}nit
3�S -
S40 =
$0 =
S88
89e =
��
S25o
$63
SO
SB5
ffi31
SD
�0
�
SO
�
Lo
SO
=D
SO
ao
�D
So
366
Total
Se
S80
�4
�74 �
(So) �
(b8)
�zz�� � - r;, �
�ao . . .: . _ . _. .. � _
S33 ,,�1 j'lj JI„`v'.}:'��°'
�91 �u
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,°, FEB-26-2003 WED 02�18 PM
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Shaw Environmental, inc.
Royal Ridge Parkway
Suite 250
I� 3
�71� 00
FAX: 214.277 •`8600
Shaw�' shaw Erniironmenta�, �nc.
January 30, 2004
Mr. Chris Breitling
City of Fort Worth
Enviranmental Management Department
1000 Throckmorton Street
Fort Worth, Texas 76102-6311
RE: Formal Request for Temporary Access — Monitoring Well instailation
Near 7-Eleven Store No. 12542
3200 W. 7th Street
Fort Worth, Texas 76107
Mr. Breitiing,
Shaw Environmental, Inc. (Shaw) has been retained by 7-Eleven, Inc. (7-Eleven) to perform an
environmental assessment of the soil and groundwater at the above-referenced site. Shaw received a
Corrective Action Response Form (CARF) from the Texas Commission on Environmental Quality (TCEQ)
dated February 26, 2003 requesting the installation of a monitoring well between the 7-Eleven store and a
water supply well located within a'/rmile radius. An informal request for sub-surtace environmental
sampling on City of Fort Worth property was originally submitted on August 11, 2003..
It is Shaw's determination that the only piace to install the monitoring weli is in the north bound lane of
Arch Adams Street, approximately thirty-feet north of the intersection of 6'h Street. The presence of
overhead electric lines and underground piping on the west side of Arch Adams Street, a storm drain
down the center of Arch Adams Street, and underground phone lines under the sidewalk on the east side
of Arch Adams Street, prevents installing the monitoring well on any adjacent property and still be within
the recommended area suggested by the TCEQ. Maps showing underground and overhead utilities,
suggested monitoring well location, and locations of all previous site related drilling activities are included
in Attachment 2.
Attachments 1 through 8, summarized below, provide the information required by the City for the formal
request.
• Attachment 1: Proof of notification to all companies with the potential for underground utilities;
• Attachment 2: A detailed scale drawing showing all property and improvements Iocated within 100
feet of the proposed well installation;
• Attachment 3: The scope and details of all well improvements, including but not limited to location
and depth of the well, the size of the well, the hours of operation, and the construction details of the
wells;
• Attachment 4: All equipment to be used in the construction, operation and maintenance of the wells;
• Attachment 5: The names, addresses, phone numbers, and qualifications of all businesses involved
in the construction, operation, and maintenance of the well;
• Attachment 6: The length of time the well will be in service;
A Shaw Group Company
• Attachment 7: The procedure to remove the well after it is no longer needed, including restoring the
property to its originai condition; and
• Attachment 8: The monitoring procedures to be used, including frequency and time of monitoring.
It is our understanding that if this formal request is approved, a written agreement will be prepared and
delivered to this office, to be reviewed, signed and returned along with the required fee and certification of
utility clearance for all city-franchised utility companies. Upon receipt of all required documents, the City
will consider the proposal for final approval.
Shaw Environmental appreciates your cooperation in this matter. If you should have any questions, or
require additional information, please contact either of the below-signed at 214-277-7863.
Sincerely,
Shaw Environmental, Inc.
RCAS00842
w
esley Cri
Site Manager
File
` r
V�
Mica Feins ein
Project Manager
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ATTACHMENT 1
Proof of Utility Locate
Attached is a utility locate form which was submitted on November 12, 2003, to locate underground utilities in
the area and determine if there was an acceptable place to install the off-site proposed monitoring well.
Another locate will be done no more than 10 days and no less than 48-hours before drilling commences.
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` UTII,ITY LOCATE FORM
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STTE NAME: - � �-} cZ
Address: N `N ^ `�'
Cross Street: c�(1
County: �'.lrn�(1-�-
Marking Instructions:
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Person Completing Locate: Le e.
Date Locate C"ompleted:� ( (-� Z, �
Mapsco #:
Date of Work: ,�2- I-D 3�
Start Time:
Digtess: 1-800-344-8377 Ticket #:_ �� � (D o�I � �
Will Contact: (�n�('� � ( P.,l�%��C—' .
Comments: I- F��?8-3� �-_4� �� �
Gas Company: Phone #:�1a-�I�Z�Contact Person:
Gas Pipeline: Phone #: Contact Person:
Comments:
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Phone Company: �� Phone #:S�-w �I'P. Contact Person:
Comments:
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Electric Company: I%V�. �IeG Phone #: Contact Person:
Comments:
Comments:
MCI1-800-624-9675
Comments:
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Comments:
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Ticket #:
Contact Person:
Contact Person: �
, . Cable Company: /� ii �.1. I'� #v � Contact Person:
. Comments: �
Water/Sew�r: Phone #: Contact Person: �
Comments:
0:1arLlRmaVocate.6m
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To: )0(X f899B) Fron: ONE CALL TESS - h-
SEAUENCE NUMBER 0368 CDC = XXX
Texas Excavation Safety System
� ROUTINE � MESSAGES Sent to Officets) as follows :
XSPEDIUS MNG CO ONCOR-E/TXU-G-S MCI SM&P-F
SM&P-F LONE STAR XCHG
11-12-2003 9:33pm p. 1 of 1
Locate Request No. 033162979
Prepared By LEE LAZARINE On 12-NOV-03 At 1401
MapRef : Grid: 324500097213A Footprint: D04
Location: County: TARRANT Town: FORT WORTH
Address: 0 ARCH ADAMS
8eginning Work Date 11/14/03 Time of Day: 02:@0 pm
Fax-A-Locate Date
at
Excavation Type : SEISMIC
Nature of Work : INSTL MONITOR WELL
Duration: 01 DAY
Blasting ? NO 48 Hr No�ice ? YES
White Line ? NO Digging Deeper Than 16 Inches ? YES
Person Calling : PATTY RUNYAN
Company Name : SHAW ENVIRONMENTAL & INFRASTRUCTURE
Work by SHAW ENVIRONMENTAL & INFRASTRUCTURE For 7-11
Pe�son to Contact : PATTY RUNYAN/JENNIFER DART
Phone No. t 214 1277-7824 /( 214 1793-7099 f Hours: 08:00 am/08:00 am l
fax No. t Z14 )277-8600
Email: PATTY.RUNYAN@SHAWGRP.COM
Remarks : MARK ALL UNDERGROUND FACILITIES AS NECESSARY
Near Intersection: 6TH ST
WILL BE APPX 20' NORTH OF THE NW CORNER OF THE flBOVE INTERSECTION, AND
.5' INTO THE STREET FROM THE CURB ON THE WEST SIDE OF ARCH ADAMS, MARK
THIS AREA
PATTY.RUNYAN@SHAWGRP.COM
Map Cross Reference : MAPSCO 62,W
FaxBack Requested ? YES Lone Star Xref:
033162979 .to 912142778600 at 21:26:40 on WED, 11/12/03 for XXX #0368
ATTACHMENT 2
Scale Drawing
(see attached)
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— w,s — cns — � LINE
— —SS— — SANITARY SEWER
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— —0E— — OVERHEAD ELECTRIC
— —SD— — STORM DRAIN
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DETAILED: WELL WITH UTILITIES MAP
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CHECKED: �—EL V � INC. FIGURE:
7—ElE1/EN STORE � 12542
3200 W. 7th STREET
FT. WORTH. TEXAS
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ATTACHMENT 3
Scope of Work - Installation
The proposed well will be installed to a depth of approximately 25 feet below ground level. It will be drilled
with a mobile drilling rig with the first 4-5' being advanced by hand to decrease the potential of damaging an
unlocated underground line. Samples will be collected continuously using a 5' core barrel. The well will be
constructed with threaded 2" diameter schedule 40 polyvinyl chloride (PVC) pipe and installed properly to
meet all appropriate Iocal/state water well rules and regulations. The top of the well will be completed to be
at, or slightly below ground level and will be encased in an 8" diameter, 'water-tighY steel manhole box in
order to protect it and not have the wells location interfere with typical every day use of the land around it.
The length of time required for installation will be approximately four (4) to six (6) hours (actual time may
vary). The area around the proposed well will be cleaned up after installation has been completed.
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ATTACHMENT 4
Equipment
A mobile drilling rig will be used to install the well, with the street surface to be sawcut. The first 5' will be
advanced by hand with either a hand auger or post-hole digger. A hole approximately 7" in diameter will be cut
through the asphalt or concrete. The well will then be dritled with approximately 7" diameter hollow stem augers
with 5' split core barrels for sampling. The well will be drilled to an approximate depth of 25'. The well will be
completed with 2.5' of 2" schedule 40 PVC casing, and 22.5' of 0.001" slot PVC screen. Filtered sand will be
added from 25' to 2'; bentonite will be added from 2' to 1'; and concrete will be added from 1' to the surface.
The concrete will be in and around an 8" diameter steel manway, which will provide access to the well. The well
cap will be secured wiih a lock.
The borings will be continuously sampled and the soil samples will be split into two portions. The first portion of
each soil sample will be placed on ice to save the integrity of the sample and to prevent the possibility of the
absorbed-phase hydrocarbons from volatilizing from the soil sample. The second portion of the soil sample will
be allowed to volatilize within the zip lock sample bag. Next, an organic vapor meter (OVM) or a photo-
ionization detector (PID) will sample the airspace within the sample bags to determine which soil sample
contained the highest concentration of hydrocarbons. The soil samples from the following intervals will be
collected and submitted to the laboratory: 0-2', the sample with the highest hydrocarbon concentration (highest
PID reading) and 22.5-25' (or bottom of boring). A total of 3 samples will be collected and submitted for
laboratory analysis of Benzene, Toluene, Ethylbenzene, Total Xylenes (BTEX) and Methyl t-butyl ether (MTBE)
per Environmental Protection Agency (EPA) Method 8021 B and Total Petroleum Hydrocarbons (TPH) per EPA
Method TX 1005.
Soils generated during drilling will be placed in properly labeled 55-gallon drums, kept on-site at 3200 West
7tn Street and disposed of, assuming that the soil is non-hazardous waste, per TCEQ and Texas
Department of Health (TDH) guidelines. One composite soil sample will be collected from the soil cuttings
and analyzed for BTEX, TPH, total lead, and Reactivity, Conductivity, and Ignitability (RCI) for disposal
purposes.
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ATTACHMENT 5
Contacts
Driller: Dixie Drilling (State of Texas Licensed Water Well Driller)
12117 E. FM 917
Unit D
Alvarado, TX 76009
817-477-9300
Laboratory: Severn Trent Laboratories, Inc. (NELAC Certified)
14046 Summit Drive
Building B
Austin, TX 78728
512-244-0855
Contractor: Shaw Environmental (Environmental Engineering Services)
Wesley Critz (Site Manager)
8081 Royal Ridge, Suite 250
Irving, TX 75063
214-277-7863
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ATTACHMENT 6
Schedule of Use
The well will be installed approximately 10 days after approval has been granted. Upon completion, this well
wiil be sampled at least on a quarterly basis and is estimated to be in use for 2-4 years (or to the schedule
recommended by the TCEQ). All sampling procedures (gauge, bail, and sample collection) will take no longer
than one-half hour and shall be conducted at such a time as not to interfere with any regular traffic build-ups (or
during City of Fort Worth's scheduled hours designated for road work).
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ATTACHMENT 7
P&A Procedures
When the well is no longer needed or required by the regulatory agency for groundwater monitoring, to the
extent permitted to do so, the Environmental Consultant will plug and abandon the well according to appropriate
State Water Well Rules and Regulations. After the well is plugged and abandoned, the area around it will be
restored to the previous condition.
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ATTACHMENT 8
Groundwater Monitoring Procedures
Quarterly groundwater samples will be collected from the newly installed monitor well and the previously
installed on-site monitoring wells. The welis will be purged of a minimum of three (3) well volumes using a PVC
bailer (to be decontaminated between wells) with purge water transferred to 5-gallon buckets. Samples will be
collected using a single-use, disposable Teflon bailer and placed into laboratory provided clean sample jars. All
samples will be submitted for laboratory analysis of BTEX/MTBE per EPA Method 8021 B and TPH per EPA
Method TX 1005. Sampling procedures will take no longer than one-half hour per well and all purge water will
be consolidated and kept on-site in Department of Transportation (DOT) approved 55-gallon drums, pending
disposal.
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LIMI7ED, REVOCA�LE ��LEG,4TION O� AiJTHQRITY
PURSU/�NT TO THE A�JiHORl�ING RESOLUTIONS
�F 7-i�LEV�PV, INC.
WHEREAS, thraugh the Authorizing Resoluiions of 7-Eleven, lnc. {"7-Eleven" or the "Company"),
7-Eieven's Board ofi Directors has granted afficers of 7-Eleven the authority to bind the Company in the
g�nerai conduct of the Company's business and in certain specific transactions; and
WN�REAS, James W. Keyes has been appointed by 7-Eleven's Board of Directors as an of#icer of
7-�leven with the title of President and Chief Executive Officer; and
WHEREAS, the authority of the President and Chief Executive Officer under the Authonzing
Reso[u#ions is effective with regarci to the general conduct of the Corrtpany's business, subject to limits as
set forth therein; and
WHEREAS, Article II, Section C af the Authorizing Resolutions p�rmifs the President and Chief
�xecutive Of#icer ta appaint from tirne to time such additional agents as he may deem necessary; and
WHEREAS, it is in 7-Eleven's bes# interest for Kirk Sniff, Esq., partner with the f€rm of Strasburger
and Price, to possess certain authority to exec�rte documenis on the Company's behalf in connection with
his representa#ion of the Company on environmenfa! matters, in accordance with and subject to the
(imitations described in Sections 1(a)(iv) and 2(a)(iii} of the 7-�laven Environrnental Consultation and
Lifigation Managemsnt Program, Amended and Restated as of June 19, 2002, a copy of which is attached
hereto �the "Environmenfal Consultation Program°); and
WHEREAS, Mr. Keyes desir�s to appoint Mr. Sniff as attorney-in-fact, to exscute documents on
the Company's behalf in sfrict accordance with, and sub��ct to the limitations con#ained in, the
Environmentaf Consultation Program, and this delegation instrument;
NOW, TH�REFORE, the following grant of authority is made:
ln the perFormance af his responsibilities as outside environmental counse! fo 7-Eleven, Mr. Sniff
may bind 7-�feven, but onfy in the following specific areas and subject to foilowing monetary limitations:
Area Limit
Settlement agreements Up to 75% of the budget�d
pertaining fo environmental amaunt on matters budgeted by
mafters afFecting the Company the Company's Environm�nta!
Department, not to exceed
�so,00a
and
Up to �10,Ofl0 on unbucigEted
matters
Routine access agreements, Up to $S,QOQ required in
"comfort" I�tters and related immediate payment
documents
ihis delegation of authority shafl be efiFective immedi�tely upon Mr. Keyes' signature on fh:s _
delegation it�strument. This delegation of aufhority (i) may be amend�d or revoked in wrii�ng at any time;_ �>>
109949 ,
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�viihout prior notice and (iij shall terminate immediately in the event Mr, Sniff should, far any reason, cease
to act as outside counsel for the Cornpany.
Mr. 5niffs signature on this delegation instrument signifies (i) he has received and read a complete
cvpy of 7-E[even's Authorizing Resolutions; (ii) he understands, and agrees ta adhere to the obligations
set forti� in #he Environmenfal Consvltation Program, and to limifations on his authority, both as to subject
area and monetary amount; and �iii) he acknow3edges that this appointment is subject to terrr�ination
pursuant to the terms ofi this delegation instr�ment.
Signed and effecfive as of #he�`��`day of�, 2002.
�/ �,
Jemes W. Keyes \
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�.
Kirk St�iff