HomeMy WebLinkAboutContract 26027 CITY SECRET
CONTRACT NO Y (p 66o2
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF TARRANT §
USE AGREEMENT TO INSTALL
AND MONITOR A MONITORING WELL
This agreement is entered by and between the City of Fort Worth, Texas, a home-rule municipal
corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City," acting
herein through Charles Boswell, its duly authorized Assistant City Manager, and Omega
Environmental Services on behalf of FFP Operating Partners, hereinafter referred to as "User',
acting herein by and through _ , its duly authorized
, pursuant to the requirements of Chapter 12.5, Division 4, of the City
Code of the City of Fort Worth.
NOW THEREFORE, it is agreed as follows:
1.
GRANT OF USE
A, City agrees to permit User to conduct environmental sampling on the City property, as
shown on the map which is part of Exhibit"A."
B. User shall have no property rights to any City property or right-of-way in which
environmental sampling is conducted, and access to the property shall be nonexclusive
at the City's discretion.
2.
REGULATION OF CONSTRUCTION
A. User shall conduct environmental sampling in accordance with federal, state and local
law and regulations.
B. User shall follow the scope and details of the construction of the well that is included in
User's Informal Request for Monitoring Well dated July23, 1999 and November 5, 1999,
and in User's Formal Request for Monitoring Well dated March 14, 2000 prepared and
signed by Mike Sampson and are hereby attached as Exhibit "B" and "C" and
incorporated herein fully by reference.
C. User shall ensure that the person who performs any drilling of the monitoring well in
conjunction with the environmental sampling, is properly licensed and bonded under
Chapter 32 of the Texas Water Code to perform work on City property and public right-
of-way.
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D. User agrees that it shall require any Contractor that performs any aspect of the
construction, operation, or maintenance of the Monitoring Well to have all federal, state
and local licenses to perform such work.
E. User agrees to use the equipment that it listed in Exhibits "B" and "C" in the construction,
operation and maintenance of the well.
F. User has indicated in Exhibit "C" that it will use Universal Engineering, a state licensed
environmental drilling firm, to install the monitoring well. If User determines that it will be
necessary to Contract with another company, User agrees to obtain written acceptance
by City.
G. User shall maintain and operate the well. If User determines that it will be necessary to
contract with someone to maintain and operate the well, User agrees to obtain written
acceptance.
H. When User performs or causes the performance of any work in the right-of-way or other
public property, or so closely adjacent to such places as to create hazards for the public,
User, its employees, or contractor shall provide construction and maintenance signs and
sufficient barricades at work sites to protect the public, equipment, andworkmen. The
application of such traffic control devices shall be consistent with the standards and
provisions of the latest addition to the Texas Manual on Uniform Traffic Control devices.
Appropriate warning lights shall be used at all construction, maintenance, and
monitoring/sampling areas where one or more traffic lanes are being obstructed during
nighttime conditions.
I. User shall ensure that Contractor contacts the City's Department of Engineering at least
forty-eight (48) hours before the construction of the Monitoring Well work commences,
and that Contractor complies with all requirements of the City's utility inspectors.
J. User shall obtain certification of utility clearance prior to drilling.
3.
REPORTING AND MITIGATION OF CONTAMINATION
A. User agrees to provide City with appropriate documentation indicating the completion
date of sampling, geological conditions, certification of proper completion, any findings
regarding the presence or non-presence of contamination, test results generated as a
result of said monitoring wells, and any other information submitted to the Texas Natural
Resources Conservation Commission at the same time that such information is
submitted to the Texas Natural Resource Conservation Commission.
B. If environmental sampling confirms contamination of soil or groundwater within the City's
right-of-way, City property or other property, User shall notify the City's Department of
Environmental Management of same in writing within ten (10) days after learning of the
confirmation of contamination. User shall cooperate with the City in mitigating the
contamination as necessary. User agrees that in the event contamination is attributable
to and resulting from User's activities, such remediation shall be at User's sole cost and
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expense in accordance with the procedures and standards set forth by the Texas
Natural Resource Conservation Commission and/or the United States Environmental
Protection Agency.
4.
INSPECTIONS
The City Traffic Engineer, the City's Environmental Manager, or their authorized
representatives, are authorized to inspect User's operations at all reasonable times and to halt
User's operations when necessary to protect the environment or the traveling public. User shall
ensure that the Contractor complies with all orders to halt operations given pursuant to this
paragraph.
5.
RESTORATION OF PROPERTY
A. User shall repair, clean up, and restore all rights-of-way and other City property
disturbed during the construction, operation, and maintenance of the well and shall
warrant the repairs and restoration of such property for a period of two years from the
date of completion of same. Such repairs, clean up, and restoration shall return the
disturbed property to substantially the same condition they were in before User's
operations began. The determination that the property has been returned to
substantially the same condition shall be made by the City's Director of Transportation
and Public Works, or his designee.
B. City shall have the right at any time to order and require User to remove or abate any
spill, discharge, equipment, or other facility caused by User that is dangerous to life or
property. In the event User fails or refuses to comply with the City's order, or if an
emergency exists which precludes the City from giving notice to User prior to
responding, City shall have the right to remove or abate same at reasonable cost and at
the expense of User, all without compensation or liability for damages to User.
C. If User fails to restore property as required within 15 days of written notice from City, City
may cause the property to be restored without further notice to User. User agrees to pay
City for all costs incurred by City in said restoration.
6.
TERM
This agreement shall be valid upon its execution by both parties, and shall run for a period not
to exceed three years, or until the satisfaction of the Texas Natural Resource Conservation
Commission and the City, whichever occurs first. If additional environmental sampling is
needed after the three-year period, User must request an amendment from City to extend the
term.
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7.
INDEMNIFICATION
A. Definitions. In this paragraph, the following works and phrases shall be defined as
follows:
1. Environmental Damages shall mean all claims, judgments, damages, losses,
penalties, fines, liabilities (including strict liability), encumbrances, liens, costs,
and expenses of investigation and defense of any claim, whether or not such
claim is ultimately defeated, and of any good faith settlement or judgment, of
whatever kind or nature, contingent or otherwise, matured or unmatured,
foreseeable or unforeseeable, including without limitation reasonable attorney's
fees and disbursements and consultant's fees, any of which are incurred as a
result of the existence of a violation by User of environmental requirements
pertaining to remediation activities and sampling, and including without limitation:
a. Damages for personal injury and death, or injury to property or natural
resources;
b. Fees incurred for the services of attorneys, consultants, contractors,
experts, laboratories and investigation or remediation of any violation by
User of environmental requirements including, but not limited to, the
preparation of any feasibility studies or reports of the performance of any
cleanup, remediation, removal, response, abatement, containment,
closure, restoration or monitoring work required by any federal, state or
local governmental agency or political subdivision, or otherwise expended
in connection with the existence of violations of environmental
requirements, and including without limitation any attorney's fees, costs
and expenses incurred in enforcing this contract or collecting any sums
due hereunder; and
C. Liability to any third person or governmental agency to indemnify such
person or agency for costs expended in connection with the items
referenced in subparagraph (b) herein.
2. Environmental requirements shall mean all applicable statutes, regulations, rules,
plans, authorizations, concessions, franchises, and similar items, of all
governmental agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, states, and political subdivisions thereof
and all applicable judicial, administrative, and regulatory decrees, judgments, and
orders relating to the protection of human health or the environment, including
without limitation:
a. All requirements, including, but not limited to, those pertaining to
reporting, licensing, emissions, discharges, releases, or threatened
releases of hazardous materials, pollutants, contaminants or hazardous
or toxic substances, materials, or wastes whether solid, liquid, or gaseous
in nature, into the air, surfacewater, groundwater, stormwater, or land, or
relating to the manufacture, processing, distribution, use, treatment,
storage, disposal, transport, or handling of pollutants, contaminants, or
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hazardous or toxic substances, materials, or wastes, whether solid, liquid,
or gaseous in nature; and
b. All requirements pertaining to the protection of the health and safety of
employees or the public.
B. General Indemnification. USER DOES HEREBY RELEASE, INDEMNIFY,
REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY,
CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTIONS WHICH MAY ARISE DUE
TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY,
AND/OR DEATH OCCURRING AS A CONSEQUENCE OF THE USER'S
OPERATIONS UNDER THIS AGREEMENT, WHEN SUCH INJURIES, DEATH, OR
DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF USER, ITS OFFICERS,
AGENTS, EMPLOYEES, OR CONTRACTORS, OR TO THE EXTENT CAUSED BY
THE JOINT NEGLIGENCE OF USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS AND ANY OTHER PERSON OR ENTITY, EXCLUDING THE CITY,
ITS OFFICERS, AGENTS, AND EMPLOYEES.
C. Environmental Indemnification: USER DOES HEREBY RELEASE, INDEMNIFY,
DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL
DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL
REQUIREMENTS RESULTING FROM USER'S OPERATIONS UNDER THIS
AGREEMENT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF
ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE ACT OR OMISSION OF
USER, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR TO THE
EXTENT CAUSED BY THE JOINT ACT OR OMISSION OF USER, ITS OFFICERS,
AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR
ENTITY, EXCLUDING THE CITY, IT S OFFICERS, AGENTS, AND EMPLOYEES.
D. The obligations of the User under this section shall include, but not be limited to, the
burden and expense of defending all claims, suits and administrative proceedings (with
counsel reasonably approved by the City), even if such claims, suits or proceedings are
groundless, false, or fraudulent, and conducting all negotiations of any description, and
paying and discharging, when and as the same become due, any and all judgments,
penalties or other sums due against such indemnified persons.
E. Upon learning of a claim, lawsuit, or other liability that User is required hereunder to
indemnify, City shall provide User with reasonable timely notice of same.
F. The obligations of the User under Section 7 shall survive the expiration or termination of
this agreement.
8.
INSURANCE
A. During the term of this agreement, User shall maintain the following insurance coverage
and the respective policies thereof shall cover all risks related to the use and occupancy
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of the right-of-way and other City property and all other risks associated with this use
agreement:
Commercial General Liability Insurance:
$1,000,000.00 per occurrence combined single limit for bodily injury and property
damage
B. User shall require its contractors to maintain the following insurance coverage:
1. Commercial General Liability Insurance:
$1,000,000.00 per occurrence combined single limit for bodily injury and property
damage
2. Automobile Liability Insurance:
$1,000,000.00 each accident
Coverage shall be on "any auto," including leased, hired, owned, non-owned and
borrowed vehicles.
3. Workers' Compensation Insurance
a. Statutory limits for Workers' Compensation; and
b. Employer's Liability
$1,000,000.00 in each of the following three categories: $1,000,000.00
each accident; $1,000,000.00 disease-policy limit; and $1,000,000.00
disease-each employee.
C. All policies shall contain the following endorsements:
1. City shall be named as an additional insured on all policies in respect to the
environmental sampling and the operations under this agreement;
2. City shall be notified a minimum of thirty (30) days prior to the cancellation or
non-renewal of, or material changes to said policies; and
3. All policies shall be endorsed with waivers of subrogation in favor of City.
D. The insurers for all policies must be approved to do business in the State of Texas and
be currently rated in terms of financial strength and solvency to the satisfaction of the
Director of Risk Management for the City of Fort Worth.
E. Programs of self-insurance in lieu of commercial insurance policies shall be approved by
the Director of Risk Management, and, as applicable, pre-approved by the Texas
Department of Insurance.
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F. The deductibles or self insured retention (SIR) affecting the insurance coverage required
shall be acceptable to the Risk Manager of the City of Fort Worth; and, in lieu of
traditional insurance, alternative coverage maintained through insurance pools or risk
relations groups must be also approved.
G. User shall provide City with certificates of insurance documenting User's and User's
contractor's coverage as outlined above prior to commencing any operations under this
agreement. Certificates shall be submitted to the Director of Environmental
Management,
H. Failure on part of City to request documentation of insurance required herein shall not be
construed as a waiver of the requirement for same.
I. The City may revise insurance requirements specified herein, at its sole discretion, to
protect its interest, giving ample prior notice to User.
9.
FEES
User agrees to pay a fee of $250.00 to City to offset the City's cost of regulating and monitoring
use agreement activities.
10.
NOTICE
Any notice or communication required in the administration of this agreement shall be sent as
follows:
If to City: If to User:
Brian Boerner, Director Name:
Dept. of Environmental Mgt. Address:
City of Fort Worth
1000 Throckmorton St.
Fort Worth, TX 76102-6311
11.
TERMINATION
In the event User defaults in the performance of any of its obligations under this agreement or
misrepresents to the City a material fact, the City shall have a right to terminate this agreement
upon giving the User written notice describing the breach or omission in reasonable detail. The
User shall have a ten (10) day period commencing upon the date of notice of default in which to
effect a cure. If the User fails to effect a cure within the aforesaid ten (10) day period, the City
may terminate this agreement by written notice to User.
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Upon termination, the User shall be released from all contractual obligations to the City except
that all of the User's duties, obligations and liabilities set forth in Section 5 and 7. Section 5,
"Restoration of Property" shall survive for'the later of a period of two years after the termination
of this agreement or until the property is restored and such restoration complies with Section 5
of this agreement. The duties, obligations and liabilities set forth in Section 7, "Indemnification"
shall survive the expiration or termination of this agreement.
12.
GOVERNING LAWS
It is mutually agreed and understood that this agreement is made and entered into by City and
User with reference to the existing Charter and Ordinances of City and the laws of the State of
Texas, and of the United States, which govern all matters affecting this agreement, and User
agrees to comply fully with all the provisions of same.
13.
ENTIRETY
This agreement constitutes the entire agreement by the parties hereunder, and any prior or
contemporaneous oral or written agreements shall be void. This agreement may be amended
or changed only by the written agreement signed by both parties.
14.
SEVERABILITY
In case any one or more of the provisions contained in the agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision of this agreement, and this agreement shall
be construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
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15.
VENUE
Venue of any suit or cause of action under this contract shall lie in Tarrant County, Texas.
IN WITNESS THEREOF, the parties hereto have executed this agreement in triplicate originals
in Tarrant County, Texas.
OMEGA. ENVIRONMENTAL SERVICES CITY OF, RT WORTH
By:_ By:
arles Boswell
title Assistant City Manager
CORPORATE SEAL: FO AL REQU S OR MONITORING
W L APPROV
ri n Boern r
;rector, Environmental Management
WITNESS: APPRON,�ED AS TO FORM
ignature) Assistant ty Attorney
Print Name:
T:
Gloria Pear on, City Secretary 7-5a)
NO M&C REQUIRED
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OMEGA ENVIRONMENTAL Dratted: 5/11/99
SERVICES 11PROJECT No. FIGURE 1
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July 23, 1999
Environmental Management Department
The City of Fort Worth
1000 Throckmorton Street
Ft. Worth,Texas 76102-6311
Kathryn A. Hansen
Request to Install Monitoring Wells in the City Right-of-Way on the North
Shoulder of East Berry Street at the Loop 820 Frontage Road in Ft. Worth
Re: Offsite Drilling
FFP P577
5800 E. Berry
Ft. Worth,Texas 76119
LPST I.D.No. 103644
Omega Job No. FFP-24H
Dear Ms. Hansen,
Omega Environmental Services (OES) is currently conducting a risk-based contamination assessment at the FFP
9577, located at Loop 820 and East Berry Street, in Ft. Worth. The Texas Natural Resource Conservation Commission
(TNRCC) requires that FFP Operating Partners assess the groundwater quality to the north and west of the FFP 9577
property, which is in the direction of the city right-of-way (Attachment 1). In order to comply with the TNRCC
request, it will be necessary to install and sample a groundwater monitoring well.
FFP Operating Partners has given OES authorization to contact neighboring property owners for permission to install
monitoring wells. We respectfully request your permission to install one(1)monitoring well on the right-of-way. The
well will be located in the approximate position of the monitoring well(PMW-6)shown in Attachment 1.
The top of the well's casing will be recessed within an eight inch diameter manhole set flush with the ground and will
not restrict the use of the right-of-way in any way. The well will be installed using a truck mounted drilling rig and
require about three (3) hours to install. OES will be required to collect groundwater samples from the well on a
periodic basis.
Enclosed is an authorization agreement stating the terms and conditions under which OES will be permitted to perform
the necessary work in the state right-of-way. If these terms are acceptable, please sign and date the agreement and
return the original to OES in the enclosed, self-addressed stamped envelope. Upon approval, we will contact you for
specifics regarding the best time and date to begin work.
We hope that this request will be received favorably as the data from the proposed well is crucial to complete the
project. However, if for some reason you do not approve with this request, please indicate by signing on the
appropriate line of the authorization agreement and returning it in the envelope enclosed. If you have any questions or
require additional information, please contact the undersigned at (972) 714-0300. Thank you very much for your
assistance in this matter.
Sincerely,
01��CA,
OMEGA EN RONM N '' '" °l
Mike Sampson
,,,,, „,P„al5ervgn mental Scientist
Enclosed in this request-are 1) a map indicating the proposed monitoring well location(figure 1); 2) documentation of
contact with the following persons: William Day—TXU Electric and Gas, Buddy Hassel—Charter Communication,
Kevin Bruton—City of Fort Worth Utility Coordinator,and Peter Lyden—adjacent property owner; 3) a copy of the
TNRCC Corrective Action Response Form; 4) a copy of the FAX approving the preliminary request. .
We hope that this request will be received favorably as the data from the proposed well is crucial to complete the
project. If you have any questions or require additional information,please contact the undersigned at(972)714-0300.
Thank you very much for your assistance in this matter.
Sincerely,
OMEGA ENVIRONMENTAL SERVICES
Mike Sampson
Environmental Scientist
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FACSIMILE COVER SHEET
Total number of pages including transmission sheet: 5
Date: 2/16/98
To: Peter Lyden-Property Owner
Telephone: (817) 560-8856
Fax: (817) 560-3840
From: Jeff Burke
Firm: Omega Environmental Services
20 Lake Wire Drive
Lakeland,Florida 33815
Telephone: (941) 683-4646
Fax No.: (941) 688-4426
Subject: Permission to Install a Groundwater Monitor Well on Your Property
Message: Mr. Lydea,
Enclosed is correspondence letter explaining OES's request for permission from you to install a
monitor well on your property. If you find the terms to be acceptable, please sign the Letter of
Authorization and send the letter to the following address:
Bruce Nichols
Omega Environmental Services
20 Lake Wire Drive, Suite 200
Lakeland, FL 33815
Thanks
Jeff Burke
Staff Geologist
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February 16, 1998
Mr.Peter Lyden-Property Owner
Re: Request for Permission to Tunstall a Monitoring Well
FFP#577
5800 East Berry
Ft.Worth,TX
LPST Site No.: 103644
OES Project No.: TXFFP24H
As per our discussion on February 16, 1998 during our telephone conversation, I informed you that Omega
Environmental Services (OES) is currently conducting a risk-based contamination assessment at the above referenced
facility. The TNRCC requires that FFP Operating Partners assess the groundwater quality to the north-northeast of the
facility which is in the direction of your property(Attachment 5). In order to comply with the TNRCC request,it will be
necessary to install and sample an offsite groundwater monitoring well. FFP Operating Partners has given OES
authorization to contact you for permission to install this monitoring well- We respectfully request your permission to
install this monitoring well on your property. This well will be constructed as shown on Figure 2 and located in the
approximate position of PMW-6 shown on Attachment 5. The top of well casings will be recessed within an 8 inch
manhole set flush with the ground and will not restrict the use of your property in any way. The well will be constructed
using a truck mounted drilling rig and require about three hours to install OES will be required to collect groundwater
samples from the well on a periodic basis.
Enclosed is an authorization agreement stating the terms and conditions under which OES will be permitted to enter upon
your property. If these terms are acceptable,please sign and date the agreement and return the original to OES in the
enclosed self-addressed stamped envelope. Upon approval,we will contact you for specifics regarding the best time and
date to begin work
We hope that this request will be received favorably as the data from the proposed well is crucial to complete the project.
However, if for some reason you do not approve with this request,please indicate by signing where appropriate on the
authorization agreement and returning it in the envelope enclosed- If you have any questions or require additional
information,please contact Jeff Bunke at(941)683-4646. Thank you very much for your assistance in this matter.
Sincerely,
Omega Eavinmental Services
G - -
xW.Nichols Jeffrey S.Bunce
Project Team Manager Staff Geologist
CAPM No.01112
Attachments: Proposed Well Locations
Well Construction Diagram
Authorization Agreement V u A� �` j� �1
Omega Environmental Services
Corporate Headquarten
nn I-knland FL 33515 Phone(941)M46461 Fax(941)682.7386 Flemedladon,ConsuWng&Eng(naar
omega „._
environmental
services
March 28,2000
Department of Environmental Management
The City of Fort Worth
1000 Throckmorton Street
Ft.Worth,Texas 76102-6311
Shirley Hoover
Formal Request to Install Monitoring Well in the City Right-of-Way on the North
Shoulder of East Berry Street at the Loop 820 Frontage Road in Ft. Worth.
Addendum
Re: Offsite Drilling
FFP#577
5800 E.Berry
Ft.Worth,Texas 76119
LPST I.D.No. 103644
Omega Job No.FFP-24H
Dear Ms. Hoover,
The following additional information is provided in response to your FAX of March 21,2000.
A. Included with this letter is documentation of contact with SW Bell Telephone, TxDOT, and Tarrant
County Regional Water Improvement District.
B. The laboratory to be used is Xenco Laboratories, 11078 Morrison Lane,Suite D,Dallas,TX 75229.
C. A drilling schedule cannot be arranged until OES is granted access to the right-of-way property. At that
time, a"drilling tour" will be arranged with the drilling contractor to include this location. The City of
Fort Worth will be notified immediately upon arrangement of this schedule.
D. The OESproject manager for this location is Adam Czaplinski,CAPM 01282.
E. Seven copies of the request are included with this letter.
Sincerely,
OME A EN IRONMENTAL SERVICES
���c may"•
Mike Sampspd
Environmental Scientist
r : '
Omega Environmental Services
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RECORD OF TELEPHONE CONVERSATION ,0l MEETING ❑
Date: 3 Job Number_ ��.2T�
Recorded By: Ake arvoh Owner/Client
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RECORD OF TELEPHONE CONVERSATION W/ MEETING ❑
Date: 3 -2,�Ipd0 Job Number._ ���" 2 717
Recorded By: ,/� Owner/Client
Talked With:&-i
Position: oltie Phone: AXE
Route To Information Action
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JUL-13-1999 'i'UL IU:Sy H(1 c
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
LPST CORRECTIVE ACTION RESPONSE FORM
_. LPST-ID: 103644
6/07/99 Proposal For: OTHER - ASSESS =
GENERAL INFORMATXON
LPST-XD ; 103644 Priority: 2 .2
Responsible Party : FFP OPERATIM PARTNERS Tel : 817/838--4786
Facility # & Name 0018525 FFP #577 (EARLS FOOD STORE)
Facility Address : 5800 E BERRY
Facility City : FORT WORTH County_ TARRANT
CAPM & Name : CAPM01289 THOMAS H. SPORN
RCAS & Name RCAS00539 OMEGA ENVIRONMENTAL, INC_
TNRCC TECHNICAL RESPONSE
Proposed activity is approved with the following modifications:
The preapproved amount is the maximum reimbursable cost for additional site
assessment off -site to include installation of. two .(2) monitoring wells,
soil/groundwater sampling and analyses, waste management, and reporting.
PI`ti`, se note that two (2) groundwater samples need to be collected from newly
installed wells for TPH/BTEX/MTBE analyses.
RBA Report Update is required,
Page I
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ac-wm ---tiff[ 1 Ir1%..A I C Or LIA131LI I T MbUKANIL
IDGAOI 05/25/00
I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Premier-USI Insurance Group HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
4-0- Box 2428 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Boca Raton FL 33427-2428
Phone:561-394-6900 INSURERS AFFORDING COVERAGE
INSURES Omega Environmental, Inc. INSURER A: Zurich American Insurance Co.
,
OES Enviromental, Inc. , INSURERS: STEADFAST INSURANCE COMPANY
ORE Kolding, Inc. 6
I 20Wire Drive
rivel services INSURER C:
Lakeland FL 33615 INSURER D:
INSURER E:
COVERAGES
THE POUC19s OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURP.D NAMED ABOVE FOR THE POLICY PERIOD INDICATED.N07wiTHSTANOING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VATH RESPECT TO WHICH THIS C9ATIFI"7E MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POUCUM AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IINSR
LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/ DA MM/DD UNITS
GENERAL LIABILITY EACH OCCURRENCE i $1,000 OOO
A X COMMERCIALCENERALLIAHILITY GL03740333-00 04/29/00 04/29/01 FIRCDAMAGE(Aeyonat4t) s $50 000
X CLAIMS MADE M OCCUR MED EXP(Any ora parson) 5$10,000
PERSONAL A ADY INJURY s$1 000,000
GENERAL AGGREGATE i$1,000,000
GEML AGGREGATE LIIIII'r APPLIES PER PRODUCTS-COMPIOP AGG i$1 000 f 000
POLICY JPEC 71 LOC
AUTOMO0&9 UABIUTY CONNESINGLE LIMIT $$1,000,000
A X AWAUTO OAPS740MI-ft _ALL S%LTt 04/29/00 04/29/01
ALL OWNEDAUTOs BAP3743295-00 - VA
BODILY INJURY s
SCHEDULEDAUTOS TAP3743296-00 - TX (Paf°""n)
HIRED AUTOS BODILY INJURY
NON.ONRJED AUTOS
(Par accJdortq f
Comp Ded. ,41000 PROPKRTt'DAMAGE s
Coll Ded $1000 (PeraccWsnq
GARAGE LOAM r" AUTO ONLY-EA ACCIDENT f
ANY AUTO OTHER THAN LA ACC
AUTO ONLY: AGG S
EXCESS LIABILm EACH OCCURRENCE s $5,000,000
S X OCcuR El CLAIMSMADE SU03740330-00 04/29/00 04/29/01 AGGREGATE s$5,000,000
s
DEDUCTIBLE f
X RETENTION $25000 s
WORKERS COMPENSATION AND TORY LIMITS X ER
A EMPLOYERS!LIAINUYY WC369127000 04/01/00 04/01/01 ILL EACH ACCIDENT 51000000
ILL DISEASE.EA EMPLOYE s 1000000
r-LD1SEAzE•PoucYuMrr s1000000
OTHER
H Prof. Liab (E40) PEC3740332-00 04/29/00 04/29/01 Per Claim $1,000,000
Pollution Liab. ® ate $1,000,000
DESCRIPTION OF OPERATIONSILOCATIONSIVFHICLOMEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
The Certificate Holder is included as an Additional Insured as their
intereata may appear.
7- 777
CERTIFICATE HOLDER y ADDITIONAL INSURED INSURER LETTER:_ CANCELLATION
OOOOOOO bHouLD ANY OF THE ABOVE DESCRIBED POU E9 8E CANCE4LED.IjG lj �TIIE RA
DATE THEREOF,THE ISSUING INSURER WILL E OEAVOR TO-MAIL -10--DAW
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THfTE1•T;BST 'TO DO SWILL
City Of Forth Worth
1000 Thzock Morton Street IMPOSE NO OBUGATION OR LIABILITY OF ANT KIND UPON THE INBURER ITS AGENTS OR
Ft. Worth TX 76102-6311 REPRESENTATIVES.
ACCORD 2S.8(7/97) �CACOOFA 1$88
TOTAL P.02
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MONITORING WELL LOCATION
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® PROPOSED MONITORING WELL LOCATION
N —OP— OVERHEAD POWER LINE
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SCALE IN FEET —W— WATER LINE
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FFP No. 577
5800 EAST BERRY STREET, FT. WORTH, TEXAS PRO OCH oIT
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LPST ID No. 103644 WELL Loi: AP
OMEGA ENVIRONMENTAL Dratted: 5/11/99
SERVICES Revised: — PROJECT No. TXFFP-24H FIGURE 1
-----------
NOV 8
®mega
environmental
services
November 5, 1999
Environmental Management Department
The City of Fort Worth
1000 Throckmorton Street
Ft. Worth,Texas 76102-6311
Kathryn A. Hansen
Request to Install Monitoring Wells in the City Right-of-Way on the North
Shoulder of East Berry Street at the Loop 820 Frontage Road in Ft. Worth
Re: Offsite Drilling
FFP#577
5800 E. Berry
Ft. Worth,Texas 76119
LPST I.D.No. 103644
Omega Job No.FFP-24H
Dear Ms. Hansen,
Omega Environmental Services (OES) is currently conducting a risk-based contamination assessment at the FFP
#577, located at Loop 820 and East Berry Street, in Ft. Worth. The Texas Natural Resource Conservation Commission
(TNRCC) requires that FFP Operating Partners assess the groundwater quality to the north and west of the FFP #577
property, which is in the direction of the city right-of-way (Attachment 1). In order to comply with the TNRCC
request, it will be necessary to install and sample a groundwater monitoring well.
FFP Operating Partners has given OES authorization to contact neighboring property owners for permission to install
monitoring wells. We respectfully request your permission to install one(1)monitoring well on the right-of-way. The
well will be located in the approximate position of the monitoring well(MW-6)shown in Attachment I.
The top of the well's casing will be recessed within an eight inch diameter manhole set flush with the ground and will
not restrict the use of the right-of-way in any way. The well will be installed using a truck mounted drilling rig and
require about three (3) hours to install. OES will be required to collect groundwater samples from the well on a
periodic basis. Included in this request are: 1) a complete site history, 2) site features map indicated all monitoring
wells,soil borings,and proposed monitoring well locations;and area land use map 3)a copy of the TNRCC Corrective
Action Response Form approving the above mentioned activity, 4) a letter from the site owner authorizing OES to
contact adjacent property owners.
We hope that this request will be received favorably as the data from the proposed well is crucial to complete the
project. If you have any questions or require additional information,please contact the undersigned at(972)714-0300.
Thank you very much for your assistance in this matter.
Sincerely,
ONIEG ENV ONMENTAL SERVICES
Mike Sampson � V ��r�;d115 (ci12�rJr��
Environmental Scientist �(S��U
(SOU d C'�k.CUi:vIL^UUc�
Annual Groundwater Monitorin-Report
Omega Job No.FFP-24D
LPSTN 103644
II. CHRONOLOGY OF EVENTS
May, 1992 UST system was permanently removed from service. Soil samples were
collected and analyzed for BTEX and TPH. Samples collected from all
four walls of the tank-pit exhibited elevated BTEX and TPH.
July 9, 1992 A groundwater sampling event occurred at the subject site for MW-1, MW-
2, and MW-3. The samples were analyzed for BTEX and TPH. The
samples exhibited a petroleum hydrocarbon concentration which exceeds
TNRCC Category I Cleanup Levels.
October 13, 1992 A groundwater sampling event occurred at the subject site for MW-1 and
NW-1. The samples were analyzed for TPH and Total Hardness. NW-1
results for the total hardness were 292 ppm.
November 23, 1992 GM Enterprises installed three (3) monitoring wells around the former
tankpit at the subject site one upgradient (NW-1) and two downgradient
(NE-2 and S-3). NW-1 was found to contain PSH. Soil samples were
collected and analyzed for BTEX and TPH. Soil samples collected from
NW-1 (15 feet) and S-3 (8-10 feet) exhibited benzene concentrations
which exceed TNRCC Category I Cleanup Levels.
December 19, 1995 OES personnel advanced six (6) soil boring by direct push method at the
subject site. Soil samples were collected and analyzed for BTEX and TPH.
Soil samples from B-1 exhibited a benzene concentration which exceeds
TNRCC Category I Cleanup Levels.
January 9, 1996 OES personnel advanced two (2) soil borings (SB-1 and SB-2) and
installed three (3) monitoring wells (MW-1B, MW-2, and MW-3). Soil
samples were collected and analyzed for BTEX, TPH, and PAH. Soil
samples exhibited a petroleum hydrocarbon concentration which is below
TNRCC Category I Cleanup Levels.
January 19, 1996 OES personnel conducted a groundwater sampling event at the subject site
for MW-3 and NW-1. Groundwater samples were collected and analyzed
for BTE and TPH. MW-3 and NW-1 exhibited petroleum hydrocarbon
concentrations which exceed TNRCC Category I Cleanup Levels.
September 22, 1997 OES personnel installed one (1) monitoring well (MW-4) at the subject
site. Soil samples were collected and analyzed for BTEX and TPH. Soil
samples exhibited a petroleum hydrocarbon concentration which is below
TNRCC Category I Cleanup Levels.
Annual Ground«ater�Munitoring Rcport
Ome.-a Job No.FFP-24D
LPST# 103643
IT. CHRONOLOGY OF EVENTS
January 12. 1998 OES personnel conducted a groundwater sampling event at the subject site.
MW-3 was found to contain 0.09 feet of PSH. MW-2 was found to be
destroyed from construction. These wells were not sampled on this date.
Groundwater samples were collected and analyzed for BTEX/MTBE and
TPH. All samples collected except from MW-4 exhibited petroleum
hydrocarbon concentrations which exceed TNRCC Category 1 Cleanup
Levels.
July 17, 1998 OES personnel installed one (1) monitoring well (MW-5) at the subject
site. Soil samples were collected and analyzed for BTEX and TPH. Soil
samples exhibited a petroleum hydrocarbon concentration which is below
TNRCC Category I Cleanup Levels.
February 12, 1999 OES personnel conducted a groundwater sampling event and a vapor
survey at the subject site. MW-1 and MWAB were dry. These wells were
not sampled on this date. The vapor survey results were all 0% LEL.
Groundwater samples were collected and analyzed for BTEX/MTBE and
TPH. All samples collected except from MW-4 exhibited petroleum
hydrocarbon concentrations which exceed TNRCC Category 1 Cleanup
Levels.
April 28, 1999 OES personnel conducted a groundwater sampling event at the subject site.
MW-I was dry and was not sampled on this date. Groundwater samples
were collected and analyzed for BTEX/MTBE and TPH. All samples
collected except from MW-lB and MW-4 exhibited petroleum
hydrocarbon concentrations which exceed TNRCC Category I Cleanup
Levels.
August 18, 1999 OES personnel conducted a groundwater sampling event at the subject site.
NW-1 was found to contain 0.06 feet of PSH. MW-4 was unable to be
located. MW-1 and MW-1B were dry. These wells were not sampled on
this date. Groundwater samples were collected and analyzed for
BTEX/MTBE and TPH. All samples collected except from MW-5
exhibited petroleum hydrocarbon concentrations which exceed TNRCC
Category I Cleanup Levels.
February 3, 1996 Approximately 6.33 gallons of PSH has been recovered from .NW-1, NE-
through August 18, 2, MW-2,and MW-3.
1999
(3) UPP
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MONITORING WELL LOCATION
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N —OP— OVERHEAD POWER LINE
—G— GAS UNE
SCALE IN FEET -W— WATER UNE
• — APPROXIMATE PROPERTY BOUNDARY
0 20 40 - -- - FENCE UNE
a POWER POLE
FFP No. 577
5800 EAST BERRY STREET, FT. WORTH, TEXAS � �=��� -�'����
LPST ID No. 103644
L�AT
OMEGA ENVIRONMENTAL Dratted: 1/27/98
SERVICES Revised: 5/11/99 IPROJECT No. TXFFP-24D ATTACHMENT 1
N
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RADIUS
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ITARY 99
NI ,
FFP No. 577
5800 EAST DERRY STREET, FT. WORTH, TEXAS
LPST ID No. 103644 LAND USE
OMEGA ENVIRONMENTALDratted: 1/27/98
SERVICES Revised: 8/25/99 PROJECT No, TXFFP-24D ATTACHMENT 2
JUL- . ILk IU;:)j rill c
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
LPST CORRECTIVE ACTION RESPONSE FORM
LAST-ID: 103644
6/07/99 Proposal For: OTHER - ASSESSMENT
GENERAL INFORMATION
LPST--ID 103644 Priority: 2 .2
Responsible Party : FFP OPERATING PARTNERS Tel : 817/838-4786
Facility 4 & Name : 0018525 FFP #577 (EARLS FOOD STORE)
Facility Address : 5800 E BERRY
Facility City : FORT WORTH County: TARRANT
CAPM & Name : CAPM01289 THOMAS H. SPOHN
RCAS & Name : 22CAS00539 OMEGA ENVIRONMENTAL, INC.
i TNRCC TECHNICAL RESPONSE
Proposed activity is approved with the following modifications:
The preapproved amount is the maximum reimbursable cost for additional site
assessment off site to include installation of two (2) monitoring wells,
soil/groundwater sampling and analyses, waste management, and reporting.
PLSe note that two (2) groundwater samples need to be collected from newly
installed wells for TPH/BTEX/MTBE analyses .
RBA Report Update is required.
CIA E`KCNIDU
Page 1 ��UN
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.,GJJ IUL. IU•JJ fill L .... -
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TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
LPST CORRECTIVE ACTION RESPONSE FORM
LPST-YD: 103644
6/07/99 proposal For: OTHER - ASSESSMENT
TNRCC TECHNICAL RESPONSE
ACTIVITY COST SUMMARY JUL 13 ENT'Q
?roposed Cost : 9, 592 .00 Maximum Pre-Approved: 6, 709 . 00
ignat e ; Date;. 7/13/99 Telephone: 512/239-2200
oe Liu, CPG
Coordinator
Page 2
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