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Contract 32213
CITY SECRETARY . CONTRACT NO. baa 3 STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENT COUNTY OF TARRANT § RIGHT-OF-WAY USE AGREEMENT TO INSTALL/MAINTAIN 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, it's duly authorized Assistant City Manager, and Drake Realty Group, 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 A. City agrees to permit User to install and maintain an existing monitoring well on a City right-of-way, as shown on the map attached hereto as Exhibit "A" which is incorporated into and made a part of this Agreement as if set forth fully herein, for the express purposes of conducting environmental sampling: One (1) monitoring well, designated as "MW-9", to be located in the easement behind the curb on the south side of Northeast 4'h Street between North Main Street and North Commerce Street. Legal Description: North Fort Worth, Block 6, Lot 4, Fort Worth, Tarrant County, Texas. B. City agrees to permit User to maintain a monitoring well on a City right-of-way, as also 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 to be located within the City Right-of-Way adjacent to the west side of North Main Street at 501 North Main Street. Legal Description: North Fort Worth, Block 9, Lots 1, 2, 3 and 4, Fort Worth, Tarrant County, Texas. Right of Way Use Agreement for Environmental Monitoring Page I of 13 Drake Realty Group, Inc. Part 2 vI C. 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. D. 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(s) 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 March 23, 2005 and User's Formal Request for Temporary Access to Install Monitor Well, dated April 20, 2005, revised May 2, 2005 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(s) 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(s) 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 wells 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 wells. F. User has indicated in Exhibit C that it will utilize the services of Stratacore, Inc., 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. Right of Way Use Agreement for Environmental Monitoring Page 2 of 13 Drake Realty Group, Inc. Part 2 vl G. User shall maintain and operate the monitoring wells. In the event that User determines the need to contract the maintenance and operation of the wells 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(s): a. In accordance with the City of Fort Worth's Standard Specification for Street and Storm Drain Construction, which is hereby incorporated into and made a part of this Agreement as if fully set forth herein; b. So that there is minimal disturbance to traffic and to the peace of the surrounding neighborhoods; c. So that no discharges are made to either the City's municipal separate storm sewer system or to the sanitary sewer system; and d. So that the openings to the monitoring wells are protected at all 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. Right of Way Use Agreement for Environmental Monitoring Page 3 of 13 Drake Realty Group, Inc. Part 2 vl 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 ttaveling public. User shall ensure that its contractor complies with all orders to halt operations given pursuant to this paragraph. 4. REPORTING REQUIREMENTS AND MITIGATION OF CONTAMINATION A. User agrees to provide City with appropriate documentation indicating the completion date of monitoring/sampling, geological conditions, certification of proper completion, any findings regarding the presence or non-presence of contamination, test results generated as a result of said monitoring wells, and any other information submitted to the Texas Commission on Environmental Quality, upon request of the City or otherwise, shall be provided to the City at the same time that such information is submitted to Texas Commission on Environmental Quality. B. If environmental monitoring confirms contamination of soil or groundwater within the City's right-of-way or other property, User shall notify the City's Department of Environmental Management of same in writing within ten (10) days after receiving confirmation of contamination. User shall cooperate with the City in mitigating the contamination as necessary. User agrees that in the event contamination is attributable to and resulting from User's activities, such remediation shall be undertaken at User's sole cost and expense in accordance with the procedures and standards set forth by the Texas Commission on Environmental Quality and/or the United States Environmental Protection Agency. 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 Right of Way Use Agreement for Environmental Monitoring Page 4 of 13 Drake Realty Group,Inc. Pan 2 vl 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-way. B. If City requires User to relocate its wells pursuant to Part A of this paragraph, User shall relocate or remove its wells upon receiving a written directive from City to do so, within seven (7) days of receipt of said notice, unless otherwise stated in the directive. In the event User fails to comply with the directive, the City shall have the right to relocate or remove or cause the relocation or removal of the wells, and User shall reimburse City for all its costs. C. City reserves the 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. Right of Way Use Agreement for Environmental Monitoring Page S of 13 Drake Realty Group, Inc. Part 2 v1 TERM The term of this Agreement shall be begin on the date of its execution by both parties and shall continue for a period of five (5) year thereafter. The Agreement may be extended for a period of up to five (5) years upon written amendment executed by both parties. 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: I. 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 for Environmental Monitoring Page 6 of 13 Drake Realty Group, Inc. Part 2 vI 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 b. All requirements pertaining to the protection of the health and safety of employees or the public. B. General Indemnification. USER DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE USER'S OPERATIONS UNDER THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. C. Environmental Indemnification. USER DOES HEREBY RELEASE, 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. Right of Way Use Agreement for Environmental Monitoring Page 7 of 13 Drake Realty Croup, Inc. Part 2 vl 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. Commercial General Liability Insurance: Right of Way Use Agreementfor Environmental Monitoring Page 8 of 13 Drake Realty Group, Inc. Part 2 vl $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, pre-approved Right of Way Use Agreement for Environmental Monitoring Page 9 of 13 Drake Realty Group, Inc. Part 2 vl by the Texas Department of Insurance. All such approvals must be completed and/or received by City prior to execution of this Agreement. G. The deductibles or self insured retention (SIR) affecting the insurance coverage required shall be acceptable to the Risk Manager, and in lieu of traditional insurance, alternative coverage maintained through insurance pools or risk relations groups must be also approved. H. User shall provide City with certificates of insurance documenting User's and User's contractor's coverage as outlined above prior to commencing any operations under this Agreement. Certificates shall be submitted to the Director of Environmental Management. I. Any failure on the part of the City to request documentation of insurance required herein shall not be construed as a waiver of the requirement for same. J. 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: If to User: Mr. Brian Boerner, Director ��2 Dept. of Environmental Mgt. City of Fort Worth aza. ?u 1000 Throckmorton St. CSZ�P Fort Worth, TX 76102-6311 D ( P,40 1.5Z��f�o� S3 12. . &bA Tip, �loll� Right of Way Use Agreement for Environmental Monitoring Page 10 of 13 Drake Realty Croup,Inc. Part 2 vl 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 a period of two (2) years after the termination of the Agreement, or until such time that any contamination which may have occurred has been mitigated to the satisfaction of the City, and the Texas Commission on Environmental Quality, whichever period is longer. The requirements imposed under Paragraph 5, "RESTORATION OF RIGHT-OF-WAY AND OF CITY PROPERTY", shall survive for two (2) years after the termination of this Agreement, or until such time that the property affected is restored to its original condition and such restoration fully complies with Paragraph 5 of this Agreement, whichever period is longer. The duties, obligations, and liabilities set forth in Paragraph 8, "INDEMNIFICATION", shall survive the expiration or termination of this Agreement. 13. GOVERNING LAWS It is mutually agreed and understood that this Agreement is made and entered into by the City and User with reference to the existing Charter and Ordinances of City and the laws of the State of Texas, and of the United States, which govern all matters affecting this Agreement, and User agrees to comply fully with all the provisions of same. 14. ENTIRETY This Agreement constitutes the entire agreement by the parties hereunder, and any prior or contemporaneous oral or written agreements shall be void. 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, Right of Way Use Agreement for Environmental Monitoring Page 11 of 13 Drake Realty Group, Inc. Part 2 vl 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. In ��n�li � P�luny Right of Way Use Agreement for Environmental Monitoring Page 12 of 13 Drake Realty Group, Inc. Part 2 v1 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate originals in Tarrant County, Texas. DRAKE REALTY GROUP, INC. CITY OF FORT WORTH BY BY,! NA Libby Watson TITLE: Assistant City Manager Date Signed: Date Signed: CORPORATE SEAL: APPROVED AS TO FORM a P . Assistant ity Attorney WITNESS: ATTEST: I (Signature) Marty Hendrix, y Secretary Print Name: j� No M&C required CRP07.25.04v1 WILLIAM RAY FIELDS Notary Public,State of Texas 3 :'�'; My commission Expires ? a 20" Water Lin ! I Cables, ( 12"Water Lin I I 24" Storm Sewer Lin ; I I I W I I I I � N I l l l l I I 1 z I I I ; I ! I IW II I HYDRAULIC LIFT ; I U) t3 SANDTRAP 1 l MW-5 MW-6 � I � I W TANK#1 I I C - ; 1 O C SORINGI MW4 D (lonnar iNV t) ——— owner USTs location I l TANK#2 1 — — Q MW-3 ! l ca I ` I BORING2 I I 1 � MW-2 W I I I DESTROYED O U I BORING3 6 MW-1 j 4" Sewer Line (Mw-75OR '.4)-------------------- i I --- ._.._..— — — --- —r—---- — — — — — — — — — — --- —�— — — — — — — J I — — — r• �— 1 rata 4TH STREET l LEGEND PMWS 8"Water Line 6 Monitoring Well 4 Boring Location Notes; I Proposed Monitoring Well t.Sc," tw..era ca*s'+�eaa„a m,.ertee h, �g—wMr--M m 0303W by ne,a,eea rwr<reU.,m ■ Soil Sample Location 1 a,r tm,me—eai rmt lso�man,a:ra�ne m�pad m�..pa c�,.,ar rwrat v.>r,q,raw.w,.,,rvw..as�mpoe w„ate„.,a maxi Tt tgrner..dsw;rsa*wae v,a q,®m 'f�_-Backfill a a„a,t,.,vaong ways a rw-t e.u,ur r r✓w Hera cmwam-rmam nit ar,o a tx. SITE DRAWING DATE SCALE Former Texas Rail Joint Facility N 0 50' 500 North Main Street 07/11/05 Fort Worth, Texas LPST ID# 113594, Facility ID#NA Koos &Associates, Inc. I per, K OS & ASSOCIATES� INC. zr. ENGI EERING 6 ENVIRONMcNTAL CONSULTANTS i arch 23, 2005 I a Fax: (817)392-6359 Chris Breitling vironmental Management T ie City of Fort Worth 1 00 Throchmorton Stre•nt F rt Worth, Texas 76102 Re: Access to the City Right-of-Way in order to install a monitoring weli ,n relation to the gasoline release at the fomer Texas Rail Joint property located at 500 N. Main Street, 'lort Worth, Texas; LPST I 111594 &Facility ID# None. Dear Mr.1Breitling: I I As we di cussed over telephone this afternoon,we are required to 1 stall a monitoring well in the City RlgIt-of-Way of 4'h Streel near IF a intensection of Main S reet in order to define the groundwater contamination resulted fromlla release of gasoline at th above referenced Site. The inAllaInof this well was requested by the Texas Commissi on Environmentak Quality (TCEQeptly in a Corrective Action Response Form (CARF)dat February 10, 2005. Due to reluGtaby the TXU Electric to grant access to their property,we equcst8rress io the City of ROW. Vie believe that the placement of this proposed well will se a greater benefit to the City as well since it will help deterrAne the extent of contamination under m Street. For your convenience, a site drawl is attached CO show the pproximate location of the proposed monitoring w 11 The propo dwell will be 25 feet deep and constructed with a 2 irrch diameter'PVC pipe and1creen. The rface will be completed with a flush mount inside a 2'by 2' concrete pad. It ppe rs that it will a necessary to close 4'" Street for a brief period during drilling activities. ince'4(" Street is of a major street, we believe that closure of this street will (I not pos serious discomfort to the commuter Street closures will be done by following approprito traffic conteol plan which will be d eloped by follow ng Texas Manual of Traffic Control Devices. I KAI sierely appreciates your coop ratio in tis matte . Should you have any questions, pleaselel free to contact us at (2114)3 1-5 7 1 � � I Sincerely, Koos &Associates, Inc. Mohammed S. Kamal, PE Project P�Ianager y 4 Enclosre Site Drawing Q9_� TCEQ CARF dat d February 10, 2005 I I I I 104l n MAaK1SON ROAD • DALLAS, TEXAS 75 3e-,'1 850 (;?lq)341-5377 FAX(2,•=; -3-;': ::. - tPJNW K BINC.COM 10 tI917d S3iVI00SS% QNt1 SCION 9b5LTbEbT6 ES=LT 9092/E6/EB E , I I 20" Water Line... 1 Cables _ I 24"Storm Sewer Lire I � I I I l i Lu I I 1 w I , N IUj �1 z I I I r i 4 II } IN i IIW I I MW-5 Mw-G I , ; !I ; ! I I r 14 Former USTs location II -3 I t7 -0 I I ea I MW-2"9 o tNW I ( • i i I "4"&E-wP.r Lina --------------- — I i _ I 4TH STREET PMWa "A" Water Line Notes: I I LEGEND l O Existing Monitoring Well m Proposed Monitoring Weil SITE DRAWING DATE_ GOAIE Former Texas Rail Jointi Facility N 500 North Main Street 12J16104 . Fort Worth, Texas LPST ID # 113594, Facility ID # NA Koos & Associates, Inc. I Z0 3Jdd S3iVTOOSSb QNd SOON ObSLIVEVIZ ES=LT 900Z/£Z/£0 a JtlI 001/008 T EQ Ffi T DINE: t (O's 4-1 No.of Pages (including this ohm[)"" r\ T0: � N me M•.c,hn5 Soh so .�r� ��- Alp /��ni�,n,,"d O. niration tEXASL J01 Gz j ASSOC Fv Number 4&Wj4do4m " 81"i-4 -? I - . 4} - I 0 I FROW T COMMISSION O FNVIRONMENTAL QI ALIP.Narn { s +rudy Hasan reject Mane , bamy Environm nto Gjqyp Te ephonc 412 1239-2200 Fax Number 512/239-2216 MaA MC-131, PO BOX 131387, tin, .. 18711-3087 NO S: R pnnse to Corrective Action Propn (s)for 113594 F PRILTY: 3.2 LP, -tv. � Facility D: If you have problems receiving this fax, IsBae call I5121239-2200. i In with tho Te as Water Code roquiremsnts,costs fat any eligible Co�=rdance ve actions porfor ed after September 1,2005,will not be considered for r—rikburssnnertt. M sddttl 0 ,s11 claims for eligible mate must be submitted to the Agency no later then tUa 1,2006, and as of Soptsmber 1, 2404k no additional m6bureements will be m de from the petroleum Stv a Tank Ronwfiatton (PSTR) fund. PLEASE BE AWAR THAT PAYMENT OF REIMBURSEMENT CLAIMS IS sut3.JECT TO SUFFICIEN APPROPRIATIONS BEING AVAILABLE THE PSTR AC60UNT. Yo�ars required to nattfy he appropriiide TCE-q hold office at II t io days in advance of conducting art approved field act i . I I l 1 ' 60 3�dd s31dz00s a aNa seed �bSrttz ES:LZ Seez/Ez/Ee 1 �j o02/008 I4/o � i� inn 0 IZia ZCiziy TEXAS COMMISSI N ON ENVIRONMENTAL-bUALI'TY LPST CORRECTIVE ACTION RESPONSE FORM LRST4D-113544 ENERAJ. INFORMATION LPST-(D 113594 Priority. 3.2 Responsible Patty TEXAS RAIL JCI 4T 1TEL: 8171335-3886 f�a614#and Name TEXAS RAIL JOINT acility Address 500 N MAIN County TARRANT Facility City FORT WORTH CAPM SiName CAS ID&Name RCAS00321 KOOS 5 ASSOCIATES INC TC O TECHNICAL RESPONSE 1/6/2005 Proposal or LPST: 113594 -OTHER -ASSESSMENI Propcood•ctlyfty is approved with the follIc wing modHicatiena_ The approved act fAty i$the installation and sa npling of one 2"-26' virile delirmatmn v lj to the south of MW-7. disposal of wastes,'and submittal of an update I Assessment Report Form_ Recatusc a water welt invemory was recently completed, costs for another invent are not approved. Also,the proposed cost for the soil parameters s mple is also not approved since toll parame ere were assessed during the inital RBA. sed on the proximity of the source area to ff e West Fork and Gear Fork of the Trinity River, we have changed I eft*priority from 4 1 to 3.2. Future site ma)e should illustrate the location of Utauts potential surface water receptors to the source area. Please determine the surface watt Criteria for the West Fork and Clear Fork of the Trinity River by completing and submitting the trached forth. The surface wa4r criteria should be included in the updated Assessment Report Form. The updated AssessmJnt Report Form Is due within 90 days. Please ensure that all soil and fluid waste dtspti.sal dopumentallon Is submitted in a timely manner We have completed our review of the updated ssessrnent Report Form dated 1161D5 whit', documents the ins lation of MW-6, MW-7. and MW-8. The rport A not accepted because of Severgl deficiencies. Within 30 day please address the following comments try submitting a revised report: 1 The site maps should illustrate the to Itlons of all borings end monitorirj welts installed at this site. even if the work was performed by a previous consuita t 2. Please depict the locations of the form r sand trap and hydraulic lift on the site map. 3. Worksheet 7.0 does not conUin ;,rcur data regarding maximum coil cnncentrahons actectoc at Iris site. In particular, the results for "Boring 2.20' ottom"collects on 313/99 are not irlctudea in tilts worksheet. 9u mars tables, or soil concentration mays. 4, he summary tables do not Include all historical data IIQCted at this site. The summary tabes should m ude ata for both current and previous soil t onngs and mon Loring wells. Since the rmweG,�l locations for M 1, MW-2i MW-3, and M -4 do riot corres{iond with the pr wous loc:atiuns,please ensure that the data for these wells is}tot combined. r .n addition to these deficient es, please submit documentation that affected off�lte landowners have been notified of groundwater oontaminatioi to as required by 3b TAC Soation 334.8Z(a). t ,I i age: 1 i I VO 39Vd S31dI00SSb' QNd S00J1 ObSLZbEbTZ £S=LT S00Z/£Z/£0 • � I ®003/Oq� TEXASOMMISSlO ON ENVIRONMENtAL QUALITY PST CORRECT! ACTION RESPO SE FORM Td D:113694 CE ✓ECHNICAL RESPONSE 1/6/2005 PropoT Fo PST: 113364-OTHER -ASSESSMENT A�IVITY COST SUMMARY Propoa Cost $6,917.00 Maximum Pre-Approved: $5.604.00 TC O TECHNICAL R NSE 11012005 Proposal For LPST: 11 594-QUA+RTERL W MONITORING (4 EVENTS/YR) Proposed Lctarlity Is approved with the fall ing modlflcalWS! l The approved activity Is asl pling nine wells fo four quarters, disposal of washy. and submittal of an Annum Groundwater Monitoring Report Because of t e upcoming 9/1/05 reimbursement deadline, only costa for the first two events plus the Annuali Report are app rov a Annual Groundwater Monitonng Report documenting Completion of the firstAwents must be fete ved a In than 9/1105 in order for reporting Coals to be eligiWe for reimbursement. We have ad�ad the cost o ane PAH analysis. Please conduct this analysis if TPH concentrdt oanns in irm Cl2-C28 range exceed 5 ppm, 1 I Based on the hlStoricall VO data for this Site,+e request thoklAVV-1 be sampled for VUCs(EPA Melhad 82608) during the first event tfi der rmine current concentrations. We he added the cost of one VOC analysis. We have completed our reirlow of the Annual Groundwater Monitoring Revorl dated 1/6/05 The report is accepted j as submitted. As atated in the preceding CARF, pfa93e submit waste disposal dOcumetation as soon as possible and ensure that future summary tables contain all histotioall data collected since 1996. 11 ACTIVITY COST 3UMMARY Proposed Cost: $10,642.00 Maximum Pr"pprovod: $6.244.00 /0 signature: 7441IX4 Data: 29/2005 Telepme" 512 i 239-2200 Tiudy Hast .off Page : 2 f I 90 39dd S31dI00SSd GNb �OOA BbSLTbEbZZ £S-LI SOOZ/£Z/£e i v/Lvvi va. ie 1*RA 3IYd4zt5`lkSt$ V (�JA04/AAA TE S COMMISSION ON F.Aq ONMENTAL QUALITY LPST CORRECTIVE ACTION RESPONSE FORM LPST40:113014 jbGt Manager, Darcy EnvOor mentol Group A Ondberg nw Project Manager,DaWrMC Grodo as Ili B016ned or M Le I -ate Eq On-site Reprsto ative P T Responsible party Remediation Settion I ' � 1 I I r i h age 3 90 39dd S31tiI00SSti QNV SOON 01?5Z.Jt�bT6 £5:LT 900Z/E6/E0 i I vt) ivitUVD vd ib rAA IZJ42H!iB9 1 I S COMMISSION 9N ENVIRONMEN At:-QUALITY i PST CORRECTIVE ACTION RESPO SE FORM f_�V4D,113N 1/6/2005 Propol I For' :OTHER-ASSE=SSMEt1T 1/612005 Proposal For: QU RTERLY GW MONITORING(4 EVENTS/YR) Pursuant to o T C Section 334.82(a), you are required to notify all parWa of acted by the contamination. If you dr tern tat c ntaminatlon from the rbleasb has migrated off-site, or if you oro required by rhe TCEQ to condluct further asnessmentior o her corrective actions off-site, ftn'you must notify the affected landowner(s)within 30 days of documeMJ- d I impact. Please note that landowrrs may include state and local owners of rights-of-way For the purposa oequirement,notice shall be through any means described In 30 TAC Section 334.82 (a). Please provide documentot the TCEQ within 30 days that the Affected landowners) has/have been property notified. Be aware that failure to nectad parties is grounds for formal nforcement proceedings. Please noretipproval of corrective action act' iliac DOES NOT yuarente4 reMtttwrsement Efigtbtllry determined at the time b�ursement applicadion review, It, a release is Nigible, the preapproved amount is the maximum allowed for used activities. The actual amau t of relrnburbbment will be detwmire atter +ne activities are carnptetedhe reimbursement application and al related receipts and invokes have been submitted to and reviewed by TCEQing to the applicable technical and r imbursable cost guidelines. In all instances; the completed work must be tact nicagy justiflabt6 and should serve to a encs the site toward regulatory closure in lho corrective action process. TN amount of preApproved work performe6 should be based on corn Tallon of the activitys objectives. Addltlonally, Dlease,also note that preapproved amou! is include eligible mbrkuI �.a Unless appr ved in advance by the PST Reimburse e nl Section, reimburl ement claims for remediation system operation and mainten nCe and/or quarterly groundwater monrt ring should only be submitted after the completwn of an annual cycle. The imbursement Section can be reached At 512/239-2001. Plea3e notify the applicable TCEQ regional office at hIast 10 days before oond ting any field activities at tnis site. I �f I 1 1 Sam Barrett,TCEQ Region 4 Field Office 2301 Gmyel Drive, Fort Worth, Texas 78118-8851 Phone:817/588-6900 Fax: 817f588-5703 L9 S9t7d S31VI30SSV QNd SODA ebSLibEbIZ E5:LT 9ooZ/EZ/E0 I „_r rt•,.7 vo to rAA � 1LJ4'LNylS`J ®006/t)oa - Activity 04- Slte Asse me t Praapproval Workah"t TNK G u■-56"A�� LPST 8: 11355" �00ho■ 0 25 Fatitity It: N 21 wins 1 25 fargRy Mill F r M Rall Joint 4'wtlb c 16 Faelllty oddrnas: $00 M, n,fort Wonh(TorrvI =Weft I 0 is Dattr: 09-Fe Mayltr�lartaM 0 25 Prepared btr Sigh b~ru" Q A Panonniel s tool Tow fW t sarMvtee spine Tayl PrOrMnvy Plirtnnq W TNRCC 1005-SO 7 = $E5 515a s.arch..lSurvey7 We tr Pottery 54trch = f0 0TE1c•San 1111 = tree W=: q RieePlar 9umiry = W TNRCC toxo•wttreer 563 tea S1NAnw�wvv Surety = 000 aTEX water 0.• sea ID Of%"AooC73 t al o/Ptopeoes = UZ BTEX rmTRE - wow i A $a5 = S55 Rewramm s.- = t4U TOW Leto•Beier 0x Sat - so Addkonal OR,at - 10 PAHl11DOI-son 0: 5144 - t0 Addiuenar h7tb n - $275 PArYa101 n.tr 0 x $1511 = f0 suAMtar saewrm P no, � 7o PA411M).mal 1 r $.� 3:2: subbWrttt•r mmalp% 105E • 10 WKe279)-wow 1 t $249 = $2a� C-14 PrMost $115 TDS * . BIS sib A.ToUl PmwrwW p.4ml voc- gulf 0 x 4296 = sd VOC- =*lm O. L295 = SOI B.W1111mija a RCRA Metals-got �• S/SO � SO Type-Hotlow SlmWA;r m Mud Rpu WAW Cartrtp TGmnMra 'raw Seo PerD. $300 - $0 t+ Auo,Doom Cr■lnp 6I0. 0 x s0 $01 Soong% 0 2S ft. WA = 10 litli k 1.110 0 x SA25 f0I Z-wMxr 1 26- R NIA + 31,025 LAb fnot►-SaM Dr"D 0 x SO = i0 i a-wok 0 23 ti WA ■ s0 dh"" 1 t x 35 = Simi 6Wella 10 25 ft. WA 50 Subtoul Sutomimpltd AnsWcal 11 025 0 25 30 ]uh n ��h S1u[ smte lkms 1 sNa oaY• $20 Total Anel 1 1 188 Amornamoe I 60 Maes one wee $245 QriaaK Per Dlem 7 A 1.crow 0 deva y 30 F-T MVOI .- Olrect Pvyfh 0 lata{boupa 0 Hof days to uncle sjl,n;r Tour Du ct rT w.a. 0 4CCat I 30 Edu1pmvrt T wk 2 S,&a <2!)0 sm&4 Ifems 0 As Jws i • i SD Ona wry MiktRe t0 We 48 70 MowDtmab 0 aJJff aM w#Y $0 AMlaaga 0,100 r,L1 0 = S0.3 r 70 Ionto"Par Prom D 6In am. 0 Qayt 10 TT CVM-r.t!50"h 344-V-0 M5.00 = 1250 s„bloul Subconlrtdlb $1.2 TT Telt.-r.l,r 50-ph 3.94 r Woo = 11M Slmaon 15 PC Ptr Diem 0 x Sb0 00 $0 B.Total Drill 1 481 Alrtsfe I 0 • 30.00 = 11) Subloal$utfconpacm T Vol SO C.waste mane foto• rk % 15% 0 Units S/Um" Total I!,79W TEtCM683 Vacuum Tn,ck x f75 7717 Fluids Oltttgaal 269 x SO - $10 P.OtM/Qtpsntlu _ SeH 011potar.du-ye. goo 11 5250 bawlte Stacy • t0 i IJrtilu 3Alnk Tool Sall DhPofU-drwn 2 x 230 a■ff•945rd wn $340 012posatile,valilem t [ to r 70 Suh Har Alt DiSM 0 x SC ■ fc Drums ` 3■ i44 + $120 E�blalal sutr clt4 Wash Mpmt = $575 0 w $0 i0 Subc Neer IS-11 $uvmmii Subcantactaq DMMr 5129 i C.Tow Wa<sie Martagsmont a32 s„er�,.womf knot V. '5% to F _ . otel ONw E as *147 A lad A P Nd Amt SuD'd Toul Amt ub'a T ."fors..! to Ill to $1,463 -1740 �r"• vnano 11.325 11.544 s 271 $1,4a) -sea ace Z587 $e4e t575 5692 $14 tlyl,cMl 31,061 61.207 s ,025 31,169 -141 Traver 70 $1.050 so $51113 .1307 OtMr $205 236 129 $1471 MID oral S3,1781 6 919 2 998 601 31 314 i 80 9Vd S31tiI011SV IINb S0071 0752TGEV16 69 :LT 9002/EE/E0 vc:IV/cuVO. L)U. Ib rAll ]1'L;i4'LH`JBy [ 007,/DOB Alctivl� 07; Groundw tar Monitoring Preapproval Worksheet TNtlCC•: pwtrr: 0 o1 Wells. LPSTd: 113094 1•t *. Fsdlky d KA 2nd ! t=9C81ry Nems: Forrltar Tt9lctu Rail,io)rrt 31d s, Facility address: 5ft FL OWN sort Worth(Ta nt) 41tt 0 Avenw Wel Dow&: ; ZS Irrspomd By: tsh M A Persohrtd D.Ads Icat M of Vrillf rd Tsui 0 M Unue $iUne Tout FlxwAAauw = SAW 9TEx 0 'x 163 ■ so d Ersnt oil = SSDQ BTEX&RrsB I� 17 r 133 = was Ew�t 9 x J 9500 TXID09 1e x ISS f990 3ra E 0 x = so MS D ■ 715 9D 4N= 0■ 10 PAN(92f0) 1 ■ 3249 1249 SmAm Subimnl OW4+N - SO Chrortd" —t tk Ile so suecaftwe w a 0% j 10 hm 0 r .110 10 cmP P 324 90 A.Total Pare ml T BS5 ►hssst»la 0 x $24 = 10 3unlem D . $74 SO IL EQUipment Costa Tot.pry,Caftr+(TOC) U ■ $32 s0 r a1 tm. rd To191 3h"wV 37 x Im f+9S Dlspnrall saxw% tax tea= 9144 vOC4(82dMa)on kW-7 x 1190 9190 small INK" t„ I Sao (Dow) 0 x so 10 Drum■(SS•sllpn,for purge water) 9 x - 1390 9ublow Subs ow band Amm#A61 x2,50 (Other) x . 10 10% 28 (Other) ■ - 14T 7 $2 004 SUbloW SubcoAt-06W E iPrrlerrl = _-- Ss8 ubtonvrrcbr t % + 2 E.Tr _ A.7oal E 92d VMS f--- VUm Tool 491 M('100►.t.) 0 4 $017 = 10 C wast.man. • nt Om r•y wt1 w m,b.lu = 48 P of Unita lVL rJL ToW Travel Tien. 4 a $4 • 1154 Va6uum Truck 3 x I M =3 Por d1w 160 - 10 Fluid O*amsl 430■ $060 1150 Asgre 0 t SO = 10 Sub.N DftohwpdA]L Dtalommi x By Need = 10 EQoylrtarA Truck 2 x 1140 _ iZ90 Srblow Sutuommind W..W - $2 1 Sub%M Subwnpa7s0 Travel 10 subc0ntrrGla 11 t Y. = 71 la wbmlflKIDFtr u IA. t stat wa9t•M+nmemant __ $420 W Travel $434 old Groundwaer Man firog AcIvity Costs A494C4DiE _ • } ttMrh / A -P, d Total Subcorttractw TaW arsonml 0 3770 D 10" -1813 @qul"al 630 7$4 34a 020 -128 ast&himbfORP"t 473 970 205 4 -544 a"em 3685 4048 2349 ZeDa -12" f tr" a 1100 0Wd -0e 1 Otal 4809 10442 7301 Y -4395 60 39Cd S31VI3OSSV QNV SODA Hb9LZbEbZZ ES=LZ 5002/EZ/E0 03/23/2005 17:27 9724600325 ENVIROCARE ASSOCIATS PAGE 01 ',public Infnrination Rcquests(Administmive Regulation 1)-1)—Appeal dial 12' CITY OF FORT WORTH PUBLIC INFORMATION REQUEST oQo. 1 &/7- A.' /z-A.:REQUEST IDENTIFIOATIO . Name ofRequestor : : . ` Te ephone Date Address(Fill In ifinforination will! etriail 1 1 SCP PASS W Ddscription.of Information ltgquestee: (Attach a ditio l sheets if ne essary.Please be specific as possible.) tj:fi �- moR� t�oi. .9. , ' 4,;ybR • `k�;•.':fie -i�f� .,'�t�os�..c��:t�,. : laS ,�'��': � " �N ..o N tuV.4RDN1\V,x"Prt. . SP lyi_S , FIs r "TW �o N :ig-c- tgnatwe•of Requester(If in person B.- DEPART .Tt1T1KdWASE Deparuieenr : jltoquesi Handled by: Tri epttorie`No. Fax No: RF�Qi_1f§TOR See R. checked below: . . .. 0'' '£his,informatiob is unavailable at this'timo,It w 1 be available for review on. (Date)at, _Mne). . 0. -.This infbaliauon is not created;or;naintaihedby is governmental body. CEJ '..This iafoLmari.oa is maintai i:d$y this:departtne t but may be protected intbrmadon ttrtder the•Tekas Public formation Act: Your request.will be ptoaLptly teyievied'and yo will be informed of its status. , .. j I . 00 ..This information cattbe copied for'yp1a,Please'see Section C below for an estima of charges.' 0 The information requested has:been'copied for you.Please see Section C below for total charges due: ff. INFORNTA.TION CIIAROES' . COST STIMA l E• ` ACTUAL COST Ari cstima,te of costs-to,copy the inr'ermad n:you requested is The cost of copying.the information:you-requtsted'.is.provided 0royicled below: phis' cstiLriate has: be calculated from below- This cost has.begn calculated from the toW charges 'antic;ipated charges that.are indi¢aied'on th :back of this form.- indicated on the back o.f this form.'Please remit payment;.either in Actual cost iiiay be highe?or,lover than the osC estimate.Please person, or y.check made out to the City of Fort Worth and utdicate your desireto.prot:eed Nviih this•,req est by checking one ddres;ed shown below.Thank you. of the tae'es below,stanine acid daftttg Ibis form'and re turnino.IL either by.' ax:to the fax,number lasted.in.Sectlon-13. above, or M. 31 it o the addtxss shown at the lowet light: I` Cosi Estimate: Actu'I Cost: NOT'E;,,Cost estimates that exeted 5100 require.a deposit If m iling,. cad attention of,department amcd-in Secd B before a request can be processes abov addrt cd 0 Iivishtohave the information ed: At n:(depa ent) OE1...i do not wish to have,the informAtlon.copied:, City of ort Worth E 1000-ih oc- orton Street r 3�6 Fort W W.Texas-761-02,6311 t01-06199 i$natur., f e5tor Date w0A P 0 .-..Fq q ' � I 03/23/2005 17:27 9724800325 ENVIROCARE ASSQCIATS PAGE 02 yEµT Y oJOEL EAST k !1 13 3 b fmft m FOR ,ORTH . Q trt � 4,D ' Can I sm �. fWk�u► . ar.. OPaik !. �pG. JGM BURGESS K -SITE. ENON AW—JS .,: 20 1:3 W:• WAY SA vi WAY "� 22 If o' tr o , I FAA B LL rr �I SX 7 `tJ F QRQ "'F 0 R IN R St ER E a p 1 MCP I. ! . PA L. � BUifALO HE t�•; `� •n ) SOD' 12 � 8L RD _ - SGLY.IN AnILFS' SCALE IN FEET 1'000 7000 3000 ` COCtff 2007 by MAPSCO,.MC..ALL J40-M SERVED 1., ►y�ly k>oK PAGE 1105' 03/23/2005 17:36 9724800325 ENVIROCARE ASSOCIATS PAGE 01 Public Itif f*m4on Rcquests(AAminisaativ'e Regulati0nD-1) Appcnd'Lx 12:] ' CITY-OF FORT WORTH . PUBLIC'IhIFO,ftMtl'1'XON.REQUEST a QUUTIU7 rF�rcA �oav Naine.dfRequestdrTelephone• .Date r Address(Ftll in if ed ormanon will . mailed)' 71 escription of.in tmation Rtq'�'tcd:(Attar •additional sheets necessary..PI a be specific as possible.) t�+t,.r.�•�'� ;;7� �-oca-���,• .fit':�3'��D �"� . 3'S�':.-moi N.�''Y: �D•,��kms!,• :�. C. �t�t�"O�".�•�1rJ,1P�F1�"!Ei�l PcR:�.c�'Pt4:l.S •U��� Lp+��l l.Lr�j •..QaoT+l i+�mtt�lllot•� .'�►,JG�., . gnature• f Req tnr(if in.persoxi) DEPART RESPONS Department : . ;• `: 'Request Handled•by: Telephone"Na; .''• "' ' • • ' • Fax.No. . . REQUESTOR:-&c rte poilse:the ked:bel 'w:. I ❑ 7his•itiformatiott'is unavaEiable at this time.It:will be.available.ti review'o (Dace)at. (lime).•., 13 Thii iuf6n kion•is itot creatcd'or ittirttaiiicd bythis govirnmenial'body. .This informatioiz'is maintained by this depaitment.but'may be protected info tion under tbe.Te"g .publi Infvtmatioti Acr , 7FpuY request will be prprnptly ViewEd and you wit)be informed of its tatu . •G17. This•information can be copied,foryou.Please see Section C.belotiv for�an es iuiate°of chaiges. [l: The information requested hta;bi c i co ied.' r yoti.'P163f see.Section-C bel w for total'charge$due- C: ;NORiN ATION CHARGES • I. cosi£srcly AT AcTuw�..COST : Ad zsiiro tif'costs to`copy•ihc Iti(vrnantion you requescc u. The cost'of opying the information you:requested is provided �. ..'-Wovided below. •.This• estimate::has: been calculated' qn 'bclow; This cost has.been..calculated m the.totat.vharges: anticipated charges that'are indicated oti,the!rack.of this.f7c;.•".indicated-60 a back of this forth.,Please remit payiaent,.eirher in •:11:etj cost ittay brhigher orlo ve than.the cast estimate:Please person, or sh'eck made'our to iltc'City of;X'an `North and iddkate,your desire to proceed wittl'[ktis rxquest by cheekuxo'otic. addressed asl hown below.•Thartk U. oPthe bbxes•belciw�,sioninQ and didriv- is form;and retuniirig'it.. :"either by'fax to the fax;number .listed. in-Section-li above,.or. . I. triailint it to the.addressshowir..at tlie.tower ri�lit, Cost Estimate: : . . : ' Actual Cost: 1 NOTE: . Cosi.estimates that..cu id.SI00 crqu re a deposit: •If"mailusg, nd to•attention vt.dapartment tnariied in $ectionl,� befe..m a�equest.eao he:processeds ..: - . .above,'eddri sed to: q Y tiirish ta�have the infgimati0�u opitd. i'tri:(d "at tment) . . q] Ido not'wish to•heve the iafonfiation:copied. .: ity of rt Worth.. a: 1000'Tb, clmorion Strect , .rb Fort Wo tai,Texas 75103=631 l iot orr�9. S'a ofReguc�tor ;. are,.. I ' �� j � .:�•e#�g� 'I' � � PSI OleE • � I'I"ITEM t'f w1E PIN ro Q I■ , � `11 ? ?�E a,' �,J-Irk .:. :� Baa-.�,+s����.-:•�.. �.. . e.,l� .,b, �• :� .17•.:. P:�i 1G r � � ✓ � I ��'n' t- �:� ice""--�����!�'!��I� ..>�'�_ -® �'��_''��r�■� ._.., =� �`�7s LIS JE ••i� } .. Ll � IST. 's�• � .rl�� �� --1'._„I�, 1,•1;�^ ,r•• �' ail �.'. �fr- �'"•1;2u'�Vy X01.1�'t,'. ,�,.'� �.fff' :�. � A f m ��i', �• .. ;,,•,•. ---- ---------------- R KOOS 6. ASSOCIATES, INC. C ENGINEERING & ENVIRONMENTAL CONSULTANTS April 20, 2005 May 2, 2005 (Revised) Mr. Chris Breitling Environmental Management Department The City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Re: Formal request to gain access to the City right-of-way in order to install a monitoring well in relation to the gasoline release at the former Texas Rail Joint property located at 500 N. Main Street, Fort Worth, Texas; LPST ID 113594 & Facility ID # None. Dear Mr. Breitling: We have received your approval of our informal request to install a monitoring well at the above referenced site. As you requested, please consider this as our formal request to gain access to the City right-of-way. The following provides the requested information: Documentation showing efforts to locate wells other than on city property: The TCEQ requested that the monitoring well must be placed in a location which is directly south of the former Underground Storage Tanks (USTs) location. The property located to the south of the site across 4th Street is owned by TXU Electric. Our request to TXU Electric to provide access to this facility was denied. Therefore, we intend to install the well in the City Right-of-Way. In order to minimize damage, we propose to install the well on grass between the sidewalk and the curb of 4(h Street. A map showing all previous well and/or sampling locations, including those on the subject propert : A map which shows the locations of all existing and proposed monitoring well is attached. Documented contacts with the surrounding utilities: Only Digtess was notified on March 24, 2003 and will be updated prior to begin drilling activities. A copy of the fax that confirms the Digtess notification is attached. According to the confirmation fax, Digtess notified the following utility companies: TXU-FUEL-STS, LONE STAR XCHG, ONCOR-E/TXU-G-S, TXU COMM, ONCOR-FTW No other utility company was notified. Detailed information about the proposed Well Installation: A map showing the location of the proposed monitoring well is attached. The well will be located on grass between sidewalk and the street curb on the south side of 4`h Street. The proposed well will be located directly to the south across 4`" Street from the existing monitoring well MW7. The well will be a 2-inch diameter 25-foot deep well constructed with schedule 40 PVC pipe. A truck mounted drilling rig will be used to install the monitoring well. The surface will be completed with a flush mount surrounded by concrete pad. It will be necessary to close the east bound lane of 4(h Street during drilling. Traffic control devices will be provided by Dallas Lite & Barricade. The drilling activities will be provided by Strartcore, Inc. and the sampling, operation and maintenance of the monitoring well will be conducted by Koos & Associates, Inc.. The contact information for the drilling company and Koos & Associates, Inc. is as follows: Drilling Company: Stratacore, Inc. Contact: Brad Eskue Phone: (817) 675-5090 Address: 5524 Midway Road, Suite 3; Ft. Worth, Texas 76117 Environmental Consultant: Koos & Associates, Inc. 10410 MARKISON ROAD • DALLAS, TEXAS 75236-1650 • (214)341-5377 • FAX (214) 341-7540 • WWW.KOOSINC.COM Project Manager: Mohammed S. Kamal, PE Phone: (214)341-5377 (office); (214)769-2138 (mobile) Address: 10410 Markison Road, Dallas, Texas We expect that the well will be in use for at least 18 months. Once the site closure is obtained from the TCEQ, the monitoring well will be plugged and abandoned following the TCEQ and Texas Water Well Drillers Board regulation. All monitoring wells at the site will be sampled quarterly. It will not be necessary to close any lane during sampling of the proposed monitoring well. Detailed Information of the proposed sampling: A total of three soil samples will be collected from the monitoring well boring. Samples will be collected at 0-2.5', 5-15' and total depth of the boring. We expect to complete the drilling within four hour period. Drilling will be started at 9:30 AM and will be completed by 12:30 PM. The eastbound lane of 4`h Street will be closed drilling. Lane closure will not be necessary during development, purging and sampling of the monitoring well. All sampling activities will be conducted by Koos & Associates, Inc. personnel under the supervision of Mohammed S. Kamal. The contact number has been provided previously. Responsible party contact information: Name: Drake Realty Group, Inc. Address: 5524 Midway Road, Suite 3, Fort Worth, Texas Contact: Chris Johnson Title: President Phone: (817)989-7466 Koos & Associates, Inc. sincerely appreciates your cooperation in this matter. Should you have any questions, please feel free to contact us at(214)341-5377. Sincerely, Koos & Associates, Inc. Mohammed S. Kamal, PE Project Manager Enclosre Site Drawing Digtess Confirmation Fax Areal Photo Site Vicinity Map Additional Information Documentation of Communication with the TXU Electric: Koos & Associates, Inc. (KAI) has communicated with the TXU Electric over the telephone. TXU Electric informed KAI that they would not allow any drilling activities on their property. No official correspondence was issued. Site History: The following is the chronology of the site activities since the beginning of the project. 10/28/98 The UST system was removed and soil samples were collected. Elevated TPH and BTEX concentrations detected in soil samples. 03/03/99 Six (6) soil borings were placed and soil samples were collected. Elevated TPH and BTEX concentrations were encountered. 4/15/99 Two (2) monitoring wells were installed at the site. Soil samples were collected from all monitoring well borings. 10/18/03 Five (5) monitoring wells were installed. 10/21/03 All five (5) recently installed monitoring wells were gauged and sampled. 11/00/03 Updated Assessment Report submitted to TCEQ. 01/21/04 1st quarter groundwater sampling was conducted. 4/26/04 2n quarter groundwater sampling was conducted 4/30/04 Two (2) monitoring wells (MW6 & MW7)were installed. Soil samples were collected. 07/21/04 3`d quarter groundwater sampling was conducted 10/20/04 4th quarter groundwater sampling was conducted 12/01/04 Monitoring well MW8 was installed. 12/10/04 Three (3)monitoring wells (MW6 to MW8)were sampled. 12/29/04 Updated Assessment Report submitted to TCEQ. 20" Water Line I II 1 � I Cables, i I I � I 24" Storm Sewer Line , I i l I I z ; I I I � w zI � U) I I HYDRAULIC LIFT SAND TRAPMW-S MW-6 I ! I I NU iLU TANK#1 I i i I0 c I BORINGIMW-40 p«rnr sMln) Former USTs location I I 00 MW-8 TANK l 0 MW 0 -3 —— ——+ BORING2 I I I / MW-2 N O BORINGS MW-1 I U tl«mer nrw.3; 24" Sewer Li(-I (MW-7© BORING4 I I ! —.—...— —._.—.—.—.—.—.-----.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.—.---:-:J' I :t.._.._ 4TH STREET — — — —�— — ------------------------------------------------------------ - _ — — — — — - 0 PMW-9 4" Water Line LEGEND 0 Monitoring Well + Boring Location Notes: O Proposed Monitoring Well 1 BonNs 1.4 vere completed and convened into momlonng well6 MW.1 through WN 4 on 03/03/99 by Advanced Tank Technology,Inc ■ Soil Sample Location 2 On 11/09/01,personnet from Koos and ASW=Ies Inc.anampied to sample former MW-1 through MWA.Only MNJ.4 was sampled Al:wells were damaged These former walls were later pulled and plugged E]Backf ll 3.Cuvent monrioring wens MW.1 Through MW-4 were compleled W 10/18/03 by Koos and A-ales.Inc SITE DRAWING N DATE SCALE Former Texas Rail Joint Facility 0 50, 500 North Main Street 02/10/05 Fort Worth, Texas LPST ID # 113594, Facility ID # NA Koos & Associates, Inc. a. z Lu < C) < Cx Lr L: CZ 0 07 LA ci L) LL r ca Q.) ff) 0 Cj LL LL co Gyri z,: :r,`:Otrl 'Frl't 7V4 CSL. T: J 19 .:SIS SEGjEN NJr.!9Cf,' Q116 COC - TC❑ Taxas cxcavatior Safel-y SystGin + R,'I1T :NE + MESSAG=S GanL tc 01 f ica (s l as TxU-FUE1_-STS ONCOR-E/`)<U-C-S St4&F- F T x u CGN4� C^:COft - F T w LONE S"AR k::HG ,Lc'cate Req,-est Nc . Odc�i8�006 f, / �L C'ruparod By KRISTEN CRGJSE Jn 1B-MAR-02- A 125 MapR�f Cr-id: ;2457_01C,07202B Fectprint : 062 Locatior: Ccunty: Tr-RRAN' T Ad�•-aes: CCO N Ma_,N ST reyiT:pins tv'ark )sta 3 LIu- t0 ' 01 C , Fax-A-Locate Date a_ Excavation Typo SCT^MIC NAture cf 'WcrK OFILLINC Gle�t;r.c Nu 4B Hr- 'Jot ice ? v E S '.J('1:t9 Line ') 1`O Digging Decprr- Thar- 1 S Tn=h e YES Fergon C.a_1_n,:; Comcan„ Nand l''CS 8 ASSCO? _ vC. :,,ory ov KOOS 's. ASSOCTATC_ , _ 'f`. ;.7r,pnn No, 2_11 _ 377 i f 2 _ )-, E5 21a ( r:,.;rte CG;, 2 /:S IjC S-`1C. COM h?A„K ;2L'_ L;vr_ERl_ROUKD Fs `C�.S.A�. Neiar :n:ar9e:tic ,: "F: ST GA'- C.2. 2�9-2rL�d OSA?^ L,iGLCS_ M.AP.SCC. CiR_D,S ='LEA'S= LC=4TC THE C--1 =GFiC,.- cGUTH - 1'd7 N�-N S i nE EFS -E EN FORME._. Snaw:�v CL -LD:NC: Aia0 T` _ _UR'. _. OF Nin) N - r7_7 . 54. Xh1L ti<:V4AL-9KOOSINC. CCM ,iaR Cram Ref ure•icy : P/,APSCO 52 , sxRac:'K YES Lone S Kre' : �cL78500E to at 22: 56: 1 .1 on fH'J. TCO -- 3_ 16 j �1 --pUE-NCE NUMBER 0526 CDC = XXX -Bxas Excavation Safety System ROUTINE MESSAGES Sent to OfFice ( s ) as follows XU- FUEL-STS °ONCOR- E/TXU-G-S ZSM&P-F o TXU CONIM ,ICOR - FTW ° LONE STAR XCHG ocate Request No . 0400785006 repared By KRISTEN CROUSE On 18-MAR-04 At 1955 spRef : Grid: 324530057200A Footprint : 002 ocation: County : TARRANT Town: FORT WORTH Address : 500 N MAIN ST eginning Work Date 013/24/04 Time of Day: 08 : 00 am Duration : 01 DA's ax-A- Locate Date at xcavation Type : SEISMIC ature of Work DRILLING lasting_ ? NO 48 Hr Notice 7 YES _ kite Linc ? NO Digging Deeper Thar: 1E Inches YES er=-on Cal 1 i ng MOHA .1MED KAMAL Dr,-,pany N r e - KOOS c< ASSOC i 11 i ES , I 11C . ,rk by KOOS & ASSOCIATES . ItIC . For DF.=r: -=LT srson to Contact kKAIM=.! -:ons Na . ( 214 ) 3 ^ 1-_-77 / ( 21 ) - 2 _ C'a C ) 7x No. ( 21^ ) 341-754G ail : (•i;=,,MALCcK00SINC . CONI -M2rks . MARK ALL UNDERGR0UHD FACTL = T '. _=r Intersection: 4TH ST iFK DATE: 03-24-2004 08 : 00 AM "IFLGSir- fi hi. . ITE F':-``,NT : ?! 1C INCH Y NIAPSCO: GRIDS: PLEASE LOCATE THE CITY FIGHT OF WAY OF SOUTH B jND MAIN STREET BETWFEN FORMER PR"P.-JEF.Y EUI LDTI G AND THE CURVE OF MAIN STREET . 143,684. XN11- .,\AMALCKOOS INC . COM Cress Reference : MAPSCO 62, V axBacl, Requested ? YES Lone Star XreF : 40785006 to 912143417540 at 18 : 34: 06 on FRI , C�3/ 1B/C4 for XX;( u0526 �xi'i �� :t t _"i v yr r � �� pit�.F•r� '- �+r�'" ? 1 nom' y`{,!•,.� �„�� L•N zr VE 7 �..Y''iM1t!��.,tr J. " •�'4 :� j xt s,.. !Y'Li�t ,t1�� y,}r.t"'�t.t � ��f1-.�}r .�: ; t1' � 43. �R'k'>x'�w i r 'rN!��•Y�n Y�1 � � �� � +�^+ . .r`^r� .. 4 1 S1•��-F' ri'•iY-.t I _t �3-.M f�t 7 t y_'��I'a 1. ` y i xAi_'1T�~•",.f FT.iu lrF AlH3dOHd 1331ons i rw i i -x r 3xi ✓� r�'T 23� r .{(.��`-jcKs" ,�,�.-�'r-r+��... r r: " F