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HomeMy WebLinkAboutContract 38058Y SECRETARY'*: 9�5 CONTRACT NO. - CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Black &Veatch Corporation (the "ENGINEER"), for a PROJECT entitled "Update to the Lead and Copper Rule Desktop Evaluation Report", Project No. PE45-0605002-539120. The existing Lead and Copper Rule Report was conducted in 1994. Since that time, significant changes have occurred, including service to a much larger population base, geographical expansion of the water system, and improvements at the water treatment plants resulting in improved water quality. These changes, along with a written directive from the TCEQ, necessitate an update to the existing report to be completed by December 31, 2008, Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The ENGINEER shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) OFFICiA� RECORD CITY SECRETARY If the CITY fails to make payment in full to ENGINEER for billings Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or qualify of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. D. Right to Audit (1) ENGINEER agrees that the CITY shall, until the. expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. -2- (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photo copy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. E. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificates) of insurance documenting policies of the following coverage at minimum limits, which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. -3- (b) Certificate(s) of insurance shall document that insurance coverage specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation, non -renewal or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to Dale A. Fisseler, P.E., Water Director, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self -insured retentions, affecting insurance required herein may be acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (I) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood -4- that insurance cost is an allowable component of ENGINEER's overhead. (I) All insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When subconsultants maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. F. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. G. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. H. Permitting Authorities -Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. -5- Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Contractor Indemnification and Claims The CITY agrees to include in all construction IV.E. regarding the ENGINEER's Personnel ai providing contractor indemnification of the contractor's negligence. contracts the provisions of Article Construction Site, and provisions CITY and the ENGINEER for -6- G. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. H. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. I. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. -7- CQ C D. E. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or aIteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with five (5) days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c) The time requirements for the ENGINEER'S personnel to document the work underway at the time the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT Is schedule, commitment and cost of the -8- ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemncation (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties means the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of -9- the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorneys fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. -10- Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B — Compensation and Schedule Executed this the day of , 2008 ATTEST: CITY OF FORT WORTH By:�iC-- Marty HendriO Fernando Costa City Secretary Assistant City Manager I Ma APPROVED AS TO AND LEGALITY nt City Acttorney �r�ClGi�ii< It�CUCli� CITY SECRETARY FT. WORTH, TX AP AL RE O ENDED' L S. Frank Crumb, P.E. Director, Water Department Black &Veatch Corporation Engineer By: -11- ATTACHMENT General Scope of Services "Scope of Services set forth herein can only be moed by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services." GENERAL 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the report which is to be developed hereunder by the Engineer will meet the Water Department's needs and comply with TCEQ and EPA requirements. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for completion of the report. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies and to meet their requirements. 3) Report Submittal Copies of the final report shall be include ten color copies and one electronic copy (pdf), or as otherwise approved by the Water Department, and shall become the property of the City. City may the report in any manner it desires; provided, however that the Engineer shall not be liable for the use of the report for any project other than the project described herein; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the report. 4) Cost Estimates The Engineer shall include in the report cost estimates as required to provide justification and rationale for corrosion control treatment alternatives. -1- EXHIBIT "A-1" Supplemental Scope of Services (Supplemental to Attachment "AD Update to the Lead and Copper Rule Desktop Evaluation Report Project No. PE45-0605002-539120 Task 1 —Gather and Review Data Owner will provide the following water quality data for Engineer's review: • Historical Action Levels (ALs) from lead and copper compliance monitoring data from Ft. Worth distribution system. • Action Levels (ALs) from one or two lead and copper compliance monitoring periods from distribution systems of wholesale customers. • One year of inorganic treated water quality data from each of the four treatment facilities. Data should include information on pH, hardness, alkalinity, chloride, calcium, chloride, sulfate, and temperature. • Process schematics of four treatment facilities showing changes made since 1994 report. • Nature and extent of water quality complaints. Task 2 -Evaluate Data Engineer will examine treated water quality data, lead and copper compliance monitoring data, and other information provided by Owner. A computer model designed to assist in determining the corrosive and scaling characteristics of treated drinking waters will be employed as part of this examination. Corrosive and/or scaling characteristics of the Owner's treated drinking water will be documented. Task 3 —Document Current Corrosion Control Strategy The success of the current corrosion control strategy will be documented using the data evaluated in Task 3. The potential for future compliance with the Lead and Copper Rule using current treatment practices will also be discussed. If a change in corrosion control strategy is deemed necessary, alternative measures of control will be evaluated in a subsequent study. Task 4 —Draft Letter Report A short letter report will be prepared which discusses the Engineer's evaluation of the current corrosion control treatment strategy. An evaluation and comparison of alternative treatment control options will not be conducted. The letter report will contain the necessary technical information to allow evaluation of the current corrosion control strategy. The report will be complete with tables and/or graphs to allow interpretation of the information. Task 5 —Present Findings of Current Corrosion Control Strategy Engineer shall be available to discuss findings regarding the current corrosion control strategy with Owner's staff. This discussion will be via conference call and the Engineer will make the Project Manager, the Sr. Process Engineer, and Jr. Engineer who worked on the study available. Owner will be provided with the draft report for review by December 12th, with the subsequent conference call occurring at Owner's convenience. Requested revisions to the report should be received by the Engineer shortly after the conference call is completed. -2- Task 6 — Final Letter Report The final letter report shall be available for distribution to the Owner within 3 working days after the Owner's revisions to the draft letter report are received. -3- ATTACHMENT "0 COMPENSATION AND SCHEDULE Update to the Lead and Copper Rule Desktop Evaluation Report Project No. PE45-0605002-539120 COMPENSATION City agrees to pay the Engineer a lump sump of $13,000. The Engineer shall be paid monthly based on statements submitted to the City for the work accomplished during the preceding month. SCHEDULE Report shall be finalized and submitted to the TCEQ prior to December 31, 2008. -4- A V RTM CERTIFICATEF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/1/2008 10/10/2008 PRODUCER Lockton Companies, LLC-I Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 444 W. 47th Street, Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kansas City MO 64112-1906 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816)960-9000 INSURERS AFFORDING COVERAGE NAIC # INSURED BLACK & VEATCH CORPORATION INSURER A: ZURICH AMERICAN INSURANCE COMPANY 1058332 8400 WARD PARKWAY INSURER B: KANSAS CITY MO 64114 INSURER C: TIMMERMAN, DAVID INSURER D: INSURER E: THISCOVERAGES BLAVE01 Pi NSURERSI.IAUTHORIZED CATE REPRESENT ROF INSUNCE DOES EPRESENTATIVE OR PRODUCERAND THE CERTIFOT CONSTITUTE A CONTRACT ICATE HHOLIDER ISSUING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR ADDT NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 PREM SES Ea occurence $ 300,000 A X COMMERCIAL GENERAL LIABILITY GLO 4641367 11/1/2007 11/1/2008 MED EXP (Anyone person) $ 101000 CLAIMS MADE XX OCCUR X CONTRACTUAL PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 X BFPD & C/O & XCU PRODUCTS - COMP/OP AGG $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PE O LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ],000,000 A X ANY AUTO BAP 4641355 (AOS) 11/1/2007 11/1/2008 (Ea accident) X ALL OWNED AUTOS BODILY INJURY $ XXYXXXX SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ XXXXJX X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XX)CXX)C{ OTHER THAN EA ACC $ XXX}x{X ANY AUTO NOT APPLICABLE $ XXXXXXX AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR F I CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX $ XXXXXXX UMBRELLA DEDUCTIBLE FORM $ XXXXXXX RETENTION $ $ XX)CX)CXX X VVC STATU- OTH- A WORKERS COMPENSATION AND WC 4641353 (AOS) ] l/1/2007 ] ]/1/2008 TOR Y LIMITS ER A EMPLOYERS' LIABILITY WC 4641354 (WI & MA) 11/1/2007 11/1/2008 E.L. EACH ACCIDENT $ 1300000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYE $ 1,0001000 If yes, describe under NO SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,0001000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS B&V PROPOSAL #M904343.4076. THE CITY OF FORT WORTH, TX 1S INCLUDED AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY AND AUTO LIABILITY POLICIES AS REQUIRED BY WRITTEN CONTRACT, A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF FORT WORTH, TX IS APPLICABLE TO THE WORK COMP/EMPLOYER'S LIABILITY, GENERAL LIABILITY AND AUTO LIABILITY POLICIES AS REQUIRED BY WRITTEN CONTRACT. 3925163 CANCELLATION CITY OF FORT WORTH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN 1000 THROCKMORTON NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL FORT WORTH, TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHOR PRESENTATIVE ov ACORD 25 (2001/08) For questions regarding this certificate, contact the numbu listed in the 'Producee section above and specify the clieAKde' veor. ©ACORD CORPORATION 1988 O ` 7nf CERTIFICATE F LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/1/2008 1 10/10/2008 PRODUCER Lockton Companies, LLC4 Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 444 W. 47th Street, Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kansas City MO 64112-1906 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (816)960-9000 INSURERS AFFORDING COVERAGE NAIC # INSURED BLACK & VEATCH CORPORATION INSURER A: LEXINGTON INSURANCE COMPANY* 15218 8400 WARD PARKWAY INSURER B: *MIDWESTERN SPECIALISTS KANSAS CITY MO 64114 INSURER C: TIMMERMAN, DAVID INSURER D: T INSURER E: THIS COVERAGES BLAVE01 Pi INSURFRIRi AtAITIMR1]Fn RFFPRFCFFMTCTIVTE OF INSURANCE DOES OF nR PRr)1n11PFR GNn THE PFRTE A CONTRACT BETWEEN � nTcTuni ISSUING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR ADUL INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDNY) POLICY EXPIRATION DATE (MM/DDNY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ XXXXXXX COMMERCIAL GENERAL LIABILITY CLAIMS MADE F OCCUR NOT APPLICABLE DAMAGE PREMISESS RENTED (RENTED occurence) $ 30{3007C7;X MED EXP (Any one person) $ XXXXXO{}{ PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OP AGG $ XX)D(= GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F PROJECT F LOC AUTOMOBILE LIABILITY ANY AUTO NOT APPLICABLE COMBINED SINGLE LIMIT Ea accident) $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $� HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXK)CKX EXCESSIUMBRELLA LIABILITY OCCUR El CLAIMS MADE NOT APPLICABLE EACH OCCURRENCE $ XXj{}= AGGREGATE $ XXXXX)OC ._. UMBRELLA $ XXXX3�{ DEDUCTIBLE FORM $ XXXXXXX $ XXXXXXX RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY NOT APPLICABLE TORY LIAMITS TH OER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ XX}{jOCKI E.L. DISEASE - EA EMPLOYEE $ XXXXXXX OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ XXXXXXX A OTHER 0101085 11/1/2007 11/1/2008 $2,000,000. EACH CLAIM AND IN PROFESSIONAL THE ANNUAL AGGREGATE FOR LIABILITY ALL PROJECTS, DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS B&V PROPOSAL #M904343.4076. CERTIF 3925164 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FORT WORTH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4$ DAYS WRITTEN 1000 THROCKMORTON NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL FORT WORTH, TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORVoReOSEPRESENTATIVE ACORD 25 (2001108) For questions regarding this certificate, contact the number listed In the'Producer'section above and apecify the die ode' VE0116 ©gCORD CORPORATION 1988