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