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HomeMy WebLinkAboutContract 46446 CITY SECRIECTAW CONTRACT NO. STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § This Contract is entered into by and between the Alliance Airport Authority, Inc. ("Authority") and Terracon Consultants, Inc., a Delaware corporation ("Consultant" or `Terracon"). Authority and Consultant may be referred to herein individually as a Party, or collectively as the Parties. WHEREAS, the Authority is an industrial development corporation created and organized exclusively for the purposes of benefiting and accomplishing the public purposes of, and to act on behalf of, the City of Fort Worth (the "City"); and WHEREAS, the City has acquired from the Authority approximately 202 acres of real property that includes the maintenance facility previously leased from the Authority by American Airlines, Inc. and leased premises currently occupied by Texas Aero Engine Services, LLC, 2000 Eagle Parkway and 2100 Eagle Parkway, respectively (collectively, the "Property"); and WHEREAS, the Authority has appropriated funds necessary to carry out a Phase II environmental study on the Property; and WHEREAS, in accordance with its lawful purposes, the Authority wishes to contract with Terracon to undertake such work, and Terracon wishes to perform such work, as more specifically set forth in this Contract; NOW, THEREFORE, WITNESSETH: That for and in consideration of mutual covenants and contracts herein contained, the Parties hereto mutually agree as follows: ARTICLE 1. DEFINITIONS M Authority means Alliance Airport Authority, Inc., a Texas industrial development M corporation. M Change Order means an officially authorized and executed written amendment to � this Contract, issued by the Authority. o Consultant means Terracon Consultants, Inc. N tOFFICIAL RECORD SECRETARY Professional Services Contract yMirl�tT11,TX Page 1 of 26 Limited Site Investigation - Terracon Services, Inc. ARTICLE 2. SERVICES Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A". Nothing in this Contract is to be construed as an exclusive contract with the Consultant to provide the Authority with professional services of this type. Authority shall not pay for any work performed by Consultant or its subcontractors and/or suppliers that has not been specifically ordered by the Authority in writing by this Contract or Change Order. Consultant shall not be compensated for any work that is verbally ordered by any person and shall rely only upon written authorization to conduct work. ARTICLE 3. COMPENSATION Section 1. Fee Schedule. Authority and Consultant agree to the unit prices, employee labor rates, and other costs as specified in this Contract. Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the Authority shall not exceed a total of fifty-five thousand dollars ($55,000) and the Authoritv will not be liable for any fees, costs, or other remuneration in excess of this amount unless the Authority has signed and issued a formal amendment to this Contract or a Change Order. Section 2. Invoice and Payment. Invoices submitted shall contain a detailed breakdown to include: Labor including employee name, functional title, date and hours of work performed; internal supplies and services provided; and external supplies and services provided. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by Authority of the Consultant's invoice. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. Authority will exercise reasonableness in contesting any billing or portion thereof. Professional Services Contract Page 2 of 26 Limited Site Investigation - Terracon Services, Inc. Consultant shall receive no additional compensation for work delays or hindrances except when direct and unavoidable extra costs to the Consultant are caused by the Authority's gross negligence. ARTICLE 4. TERM Unless terminated pursuant to the terms herein, this Contract shall be for a term of one year, or until the completion of the work specified, except for Articles 7, 8, and 12 which shall survive. ARTICLE 5. INDEPENDENT CONTRACTOR Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the Authority. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors. The doctrine of respondeat superior shall not apply as between Authority and Consultant, its officers, agents, employees, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between Authority and Consultant. ARTICLE 6. PROFESSIONAL COMPETENCE AND INDEMNIFICATION Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approvals issued by the Authority or another entity shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, and subcontractors for the accuracy and competency of its services performed hereunder, which shall be performed in accordance with the standard of care consistent with the level of care and skill exercised by companies and professionals providing similar services in the Dallas-Fort Worth metropolitan area. ARTICLE 7. INTELLECTUAL PROPERTY Section 1 . Rights in data. All data obtained under this Contract is agreed by the Parties to be work for hire and owned by the Authority. The Authority shall have unlimited rights in all data Professional Services Contract Page 3 of 26 Limited Site Investigation - Terracon Services, Inc. delivered under this Contract, and in all data first produced in the performance of this Contract. Section 2. Intellectual property rights and ownership. All work product developed by Consultant under this Contract shall be the sole property of the Authority and the Authority shall have unlimited rights in such work product. All work product developed by Consultant under this Contract shall be considered "work for hire" and rights, title, and interests to all intellectual property shall vest in the Authority. Contactor affirmatively, by executing this Contract, disclaims all such intellectual property interests in favor of the Authority and any assignees thereof. In the event that any rights, title, or interest shall by operation of law or otherwise fail to vest in the Authority or become void or voidable, Consultant shall a) transfer all rights, title, and interest to intellectual property to the Authority or its assignees; or alternatively and at the discretion of the Authority the Consultant shall b) grant an unlimited and exclusive license for publication, sale, reproduction, or use by the Authority and its authorized sublicensees of all intellectual property developed under this Contract. Consultant agrees to timely execute any documents or take any other actions as may reasonably be necessary, or as the Authority may reasonably request, to perfect the Authority's ownership, license, or other rights to any work product. Consultant shall not use, sell, transfer, or authorize a third party to use any work product, copyrights, trademarks, or other intellectual property (or derivatives thereof) of the work product developed under this Contract without the express written consent of the Authority. ARTICLE 8. INDEMNIFICATION Section 1 . Definitions. In this paragraph, the following words and phrases shall be defined as follows: "Environmental Damages" shall mean all claims, judgments, damages, losses, penalties, fines, liabilities, 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 work Professional Services Contract Page 4 of 26 Limited Site Investigation - Terracon Services, Inc. performed under this Contract or by the operations of the Consultant and Subcontractors, 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. "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. Professional Services Contract Page 5 of 26 Limited Site Investigation -Terracon Services, Inc. Section 2. General Indemnification. CONSULTANT DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE AUTHORITY AND THE CITY, THEIR OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION WHICH MAY ARISE DUE TO ANY LOSS OR DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE CONSULTANT'S OPERATIONS UNDER THIS CONTRACT, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONSULTANTS, OR THE JOINT NEGLIGENCE OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONSULTANTS AND ANY OTHER PERSON OR ENTITY FOR WHICH CONSULTANT IS LEGALLY LIABLE. Section 3. Environmental Indemnification. CONSULTANT DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE AUTHORITY AND THE CITY, THEIR OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM CONSULTANT'S OPERATIONS UNDER THIS CONTRACT WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTAL REQUIREMENTS ARE CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY FOR WHICH CONSULTANT IS LEGALLY LIABLE. Section 4. The obligations of the Consultant under this Article 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 Authority), 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. Upon learning of a claim, lawsuit, or other liability which Consultant is required hereunder to indemnify, Authority shall provide Consultant with reasonable timely notice of same. The obligations of the Consultant under this paragraph shall survive the Professional Services Contract Page 6 of 26 Limited Site Investigation - Terracon Services, Inc. expiration or termination of this Contract and the discharge of all other obligations owed by the parties to each other hereunder. ARTICLE 9. INSURANCE Section 1. Insurance coverage and limits The Consultant certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the Consultant shall deliver to Authority, certificates documenting this coverage. The Authority may elect to have the Consultant submit its entire policy or policies for inspection. 1. Commercial General Liability $5,000,000 each occurrence $5,000,000 aggregate 2. Professional Liability $2,000,000 each claim, or $5,000,000 aggregate Professional Liability Insurance shall be written on a project specific basis. The retroactive date shall be coincident with or prior to the date of this Contract and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of this Contract and for five (5) years following completion of the contract (Tail Coverage). An annual certificate of insurance shall be submitted to the Authority for each year following completion of this Contract. 3. Automobile Liability $1,000,000 each accident or $250,000 property damage /$500,000 bodily injury per person per accident The named insured and employees of Consultant shall be covered under this policy. The Alliance Airport Authority shall be named an Additional Insured, as its interests may appear. Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under this policy. 4. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident Professional Services Contract Page 7 of 26 Limited Site Investigation - Terracon Services, Inc. $500,000 disease - policy limit $100,000 disease - each employee 5. Environmental Impairment Liability (EIL) and/or Pollution Liability $4,000,000 per occurrence EIL coverage(s) must be included in policies listed in subsections 1 and 2 above; or, such insurance shall be provided under separate policy(s). Liability for damage occurring while loading, unloading and transporting materials collected under the contract shall be included under the Automobile Liability insurance or other policy(s). Section 2. Additional Insurance Requirements 1. Applicable policies shall be endorsed to name the Authority and the City, and their employees, officers, officials, and agents as additional insureds thereon, as its interests may appear. 2. Certificates) of Insurance shall document that insurance coverage specified herein are provided under applicable policies documented thereon. 3. Any failure on part of the Authority to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the Authority and the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to Department of Financial Management Services - Risk Management Division, Alliance Airport Authority, 1000 Throckmorton Street, Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the Authority; and, such insurers shall be acceptable to the Authority in terms of their financial strength and solvency. 6. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the Authority in 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 Authority. Professional Services Contract Page 8 of 26 Limited Site Investigation - Terracon Services, Inc. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the Authority as respects the contract. 8. The Authority shall be entitled, upon its request and without incurring expense, to review the Consultant's insurance policies including endorsements thereto and, at the Authority's discretion; the Consultant may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the Authority approves such exclusions. 10. The Authority shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Consultant's overhead. 11. All insurance required above shall be written on an occurrence basis in order to be approved by the Authority. 12. Subcontractors to the Consultant shall be required by the Consultant to maintain the same or reasonably equivalent insurance coverage as required for the Consultant. When subcontractors maintain insurance coverage, Consultant shall provide Authority with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Consultant of the contract. ARTICLE 10. LICENSES AND PERMITS Consultant certifies and warrants that on the day any work is to commence under this Contract and during the duration of the Contract it shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this Contract. Consultant also certifies that if it uses any subcontractors in the performance of this Contract, that such subcontractors shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this Contract. Professional Services Contract Page 9 of 26 Limited Site Investigation - Terracon Services, Inc. ARTICLE 11. TRANSFER OR ASSIGNMENT Authority and Consultant each bind themselves, and their lawful successors and assigns, to this Contract. Consultant has been engaged as a consequence of Consultant's specific and unique skills; Assignment will only be granted under unusual circumstances and at the sole discretion of the Authority. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Contract without prior written consent of the Authority. The Authority may assign its right, title and interest in this Contract to the City, in which case the Authority will promptly notify Consultant. Otherwise, the Authority will not assign, sublet or transfer in of its interest in this Contract without the prior written consent of Consultant. ARTICLE 12. RIGHT TO AUDIT (a) Consultant agrees that the Authority and any assignee shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Contract. Consultant agrees that the Authority shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Authority shall give Consultant reasonable advance notice of intended audits. (b) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that the Authority and any assignee shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractors, involving transactions to the subcontract, and further, that Authority shall have access during normal working hours to all subcontractors facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. Authority shall give Consultant and any subcontractors reasonable advance notice of intended audit. (c) Consultant and subcontractors agree to photocopy such documents as may be requested by the Authority. The Authority agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Professional Services Contract Page 10 of 26 Limited Site Investigation - Terracon Services, Inc. ARTICLE 13. NON-DISCRIMINATION Consultant agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non- discrimination clause. Consultant also agrees that in all solicitations or advertisements for employees placed by or on behalf of this Contract, that Consultant is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. ARTICLE 14. OBSERVE AND COMPLY Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all city ordinances and regulations which in any way affect this Contract 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. Consultant agrees to defend, indemnify and hold harmless Authority and the City, and all of their 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. ARTICLE 15. DEFAULT If Consultant fails to begin work or to complete work in accordance with the Scope of Work attached hereto as Exhibit "A", Authority shall have the right to take charge of and complete the work in such a manner as it deems appropriate. If at any time during the terms of this Contract, the work of -the Consultant fails to meet the specifications of this Contact or to meet the standards of duty, care, or Professional Services Contract Page 11 of 26 Limited Site Investigation - Terracon Services, Inc. proficiency established by this Contract, Authority may notify the Consultant of the deficiency in writing. Failure of the Consultant to correct such deficiency and complete the work required under this contract to the satisfaction of the Authority within ten (10) days after written notice shall constitute default, and shall result in termination of this Contract. Consultant shall not be deemed to be in default because of any failure to perform under this Contract if the failure arises solely from causes beyond the control of the Consultant and without any fault or negligence by the Consultant. Such causes shall include acts of God, acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes, freight embargoes, and events of unusually severe weather. ARTICLE 16. TERMINATION Authority may terminate this Contract without cause by giving thirty (30) days written notice to Consultant. In the event of termination, any work in progress will continue to completion unless otherwise specified in the notice of termination. If the Authority terminates this Contract under this provision, Authority shall pay Consultant for all services performed prior to the termination. Termination shall be without prejudice to any other remedy the Authority may have. All data and completed or partially completed documents prepared under this Contract shall be promptly turned over to the Authority upon termination of this Contract. ARTICLE 17. VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Contract, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Contract shall be construed in accordance with the laws of the State of Texas. ARTICLE 18. CONTRACT CONSTRUCTION The Parties acknowledge that each Party and, if it so chooses, its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Contract or any amendments or exhibits hereto. Professional Services Contract Page 12 of 26 Limited Site Investigation - Terracon Services, Inc. ARTICLE 19. HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. ARTICLE 20. COUNTERPARTS This Contract may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. ARTICLE 21. SEVERABILITY The provisions of this Contract are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Contract or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Contract and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Contract to other persons or circumstances shall not be affected thereby and this Contract shall be construed as if such invalid or unconstitutional portion had never been contained therein. ARTICLE 22. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the Authority of any payment to Consultant constitute or be construed as a waiver by the Authority of any breach of covenant, or any default which may then exist, on the part of Consultant, and the making of any such payment by the Authority while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the Authority with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver be expressed in writing by the party to be bound. All costs and attorneys fees incurred by the Authority in the enforcement of any provision of this Contract shall be paid by the Consultant. The remedies provided for herein are in addition to any other remedies available to the Authority elsewhere in this Contract and by law. Professional Services Contract Page 13 of 26 Limited Site Investigation - Terracon Services, Inc. By execution of this Contract, the Authority does not waive any of its governmental powers or immunities, except that, to the extent permitted by law, the Authority waives any immunity from suit brought by Consultant for breach of this Contract by the Authority. ARTICLE 23. NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: If to the Authority: Alliance Airport Authority, Inc. Jay Chapa, Authorized Representative 1000 Throckmorton Street Fort Worth, Texas 76102-6311 With a copy to: Michael Gange c/o Alliance Airport Authority, Inc. 1000 Throckmorton Street Fort Worth, Texas 76102-6311 If to the Consultant: Meghan N. Espinoza Terracon Consultants, Inc. 2501 East Loop 820 North Fort Worth, TX 76118 ARTICLE 24. WARRANTY Consultant warrants that it understands the currently known hazards and suspected hazards which are presented to persons, property and the environment by contaminated soils, both generally and with specific regard to this project. Consultant further warrants that it will perform all services under this Contract in a safe, efficient and lawful manner using industry accepted practices, and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. Professional Services Contract Page 14 of 26 Limited Site Investigation - Terracon Services, Inc. ARTICLE 25. NO THIRD-PARTY BENEFICIARIES This Contract shall inure only to the benefit of the Parties hereto, as well as the City. Any other third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Contract. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE 26. ENTIRETY This Contract, the contract documents, and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the Authority and Consultant, and no other contracts, oral or otherwise, regarding the subject matter of this Contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between this Contract and any other documents, then the terms of this Contract shall govern. The Remainder of This Page is Intentionally Left Blank Professional Services Contract Page 15 of 26 Limited Site Investigation - Terracon Services, Inc. ATTACHMENT A. SCOPE OF WORK 1.0 PROJECT INFORMATION The site consists of thirteen buildings located on approximately 202 acres of land addressed 2000 and 2180 Eagle Parkway in Fort Worth, Denton County, Texas. The buildings are identified as the Wastewater Treatment Plant (Building 1A), Industrial Waste Building (Building 1 B), Controlled Materials Storage (Building 3), Fire Control Building (not numbered), Facilities Maintenance Building (Building 6), the Hangar (Building 7), Central Plant (Building 10), Fleet Services and Warehouse (Building 11), TAESL Building (Building 12), TAESL Heat Treatment Building (Building 13), TAESL Engine Test Cell Building (Building 15), Structures Building (Building 16), and the Wash Bay Building (no number). Based on the findings of the Phase I ESA (Terracon Project No. 95147161 A), Terracon identified recognized environmental conditions (RECs) associated with: • The 1996 jet fuel A release from the Test Cell Building at the TAESL facility that discharged into a tributary to Elizabeth Creek constitutes a REC to the site. • The 2007 release of trichloroethylene from the TAESL facility from a vapor degreaser constitutes a REC to the site. • The 2013 1,000-gallon jet fuel release within the TAESL Building constitutes a REC to the site. • The 2014 AFFF release to the storm drain and Elizabeth Creek constitutes a REC to the site. • The generation of ignitable, corrosive, reactive, halogenated, and non- halogenated hazardous wastes on-site since 1991 constitutes a REC to the site. • The PSTs and associated underground pipelines and underground dispensers on-site constitute RECs to the site. • The fuel farm, with two LPST cases, constitutes a REC to the site. • The wastewater, the use of the pre-treatment chemicals, the ASTs, the glycol incident and the oil/water separator equipment at the Wastewater Treatment Plant on-site from 1991 to present constitutes RECs to the site. • Staining was observed in the concrete basin beneath the test cell inside the Test Cell Building, which constitutes a REC to the site. • Staining and floor drains were observed inside the boiler and chiller rooms inside the Central Utility Plant, which constitutes a REC to the site. • Staining and floor drains were observed in the area of the AFFF ASTs inside the Hangar Building, which constitutes a REC to the site. • The TAESL Building has three Clean Treat Areas (Central Clean, Clean 01 Area and Clean 06 Area) which were identified inside the building and use aqueous detergents, alkaline deruster, Trichloroethene and kerosene. Heavy staining and standing fluids were observed within the concrete vaults, which constitutes a REC to the site. • The 900-gallon trichloroethene AST constitutes a REC to the site. Professional Services Contract Page 16 of 26 Limited Site Investigation -Terracon Services, Inc. • Concrete ponds located to the east of the wash bay used to collect rainwater, airplane wash water and fuel spills constitute RECs to the site. • The Facilities Maintenance Building with an auto repair shop and an oil/water separator constitutes a REC to the site. • The Facilities Maintenance Building underground hydraulic lift constitutes a REC to the site. Based on the above information, Terracon recommended a subsurface investigation be conducted to evaluate potential impacts to the site from the above referenced RECs. 2.0 SCOPE OF SERVICES At the direction of the client, the objective of the proposed LSI is to evaluate the potential presence of volatile organic compounds (VOCs), total petroleum hydrocarbons (TPH), benzene toluene, ethylbenzene, xylene (BTEX), methyl tert butyl ether (MTBE), Resource Conservation and Recovery Act (RCRA) 8 metals, hexavalent chromium, ethylene and propylene glycol and perflourinated compounds (PFC) at concentrations above relevant laboratory reporting limits in the on-site soil and groundwater from potential releases associated with the on and off-site RECs discussed above, with the exception of the TAESL buildings located in the northeast corner of-the site. Utility Clearance and Health & Safety Following receipt of your executed Supplement to Agreement for Services and no later than 48 hours prior to intrusive activities, Terracon will contact a utility locator (Texas 811) to arrange for underground utility locates at the above referenced site. Terracon will additionally depend on assistance from client and/or site contact for location of private underground utilities at the site. Terracon will develop a health and safety plan to be used by our personnel during field services. At this time, we anticipate that a U.S. EPA Level D work uniform consisting of hard hats, safety glasses, protective gloves, and steel-toed boots will be required by all personnel in the work area. It may become necessary to upgrade this level of protection, at additional cost, in the event that petroleum or chemical constituents that present an increased risk for personal exposure are encountered in soils or groundwater while sampling activities are being conducted. Soil Borings A total of 22 soil borings will be advanced on-site (in accessible areas). Thirteen (13) of the 22 soil borings will be advanced to a depth of approximately 30 feet below grade surface (bgs), refusal, or five feet below groundwater, whichever occurs first, and the remaining nine (9) soil borings will be advanced to a depth of 8 feet bgs. Terracon's experience in this area indicates limestone may be encountered prior to 30 feet bgs; therefore, the majority of the soil borings will likely be advanced until refusal, which may be less than 30 feet bgs. Subsequent to completion of soil boring advancement, 13 soil borings will be converted into groundwater monitoring wells. Professional Services Contract Page 17 of 26 Limited Site Investigation - Terracon Services, Inc. In addition, based on environmental impact or the field professionals judgment, up to three (3) of the shallow soil borings may be converted to groundwater monitoring wells. The soil borings will be advanced using a truck or track-mounted drilling rig, equipped with direct push technology (DPT) and the monitoring wells will be advanced with hollow- stem or solid-stem augers. These subcontract drilling services will be supervised by a licensed monitoring well driller. The proposed total boring depths will not be exceeded without verbal approval from the client. Drilling equipment will be cleaned using a high-pressure washer prior to beginning the project and before beginning each boring. Non-dedicated sampling equipment will be cleaned using an Alconox@ detergent wash and potable water rinse prior to commencement of the project and between collection of each sample. Soil samples will be collected continuously using Shelby tubes, core barrels or split spoon samplers to document lithology, color and relative moisture content. In addition, the samples will be field-screened using sensory methods and a photoionization detector (PID) to detect the presence of VOCs. Following completion of the sampling activities, the soil borings not converted to groundwater monitoring wells will be backfilled with bentonite pellets and then hydrated and grouted to the surface. Groundwater Monitoring Wells • Up to 16 of the soil borings advanced on-site will be converted to groundwater monitoring wells and will be constructed as follows: • Installation of up to 30 feet of 2-inch diameter, 0.010-inch machine slotted PVC well screen with a threaded bottom cap; • Installation of 2-inch diameter, threaded, flush-joint PVC riser pipe to surface; • Addition of pre-sieved 20/40 grade silica sand for annular sand pack around the well screen from the bottom of the boring to approximately 2 feet above the top of the well screen; • Placement of at least 2 feet of hydrated bentonite pellets above the sand pack; • Addition of cement/bentonite slurry to the surface; and, • Installation of an upright, steel monitoring well cover with a locking well cap inset in a concrete pad or Installation of an 8-inch diameter, circular, bolt-down, steel, monitoring well cover with locking well cap inset in a flush-mount, concrete well pad. The monitoring wells will be developed by surging and removing groundwater until fluids appear relatively free of fine-grained sediment. Drill cuttings and development Professional Services Contract Page 18 of 26 Limited Site Investigation - Terracon Services, Inc. groundwater will be stored temporarily on site in labeled 55-gallon drums pending the results of the laboratory analyses. The drum labels will identify the apparent contents of the drum and the initial accumulation date. Following development of the monitoring wells and prior to groundwater sample collection, the wells will be purged with a new disposable bailer or low-flow sampling equipment. The monitoring wells will be purged of a minimum of three well casing volumes of groundwater, until the monitoring wells formation fails to recharge (i.e., well runs dry), or consistent values are obtained for select geochemical parameters. Subsequent to sufficient recharge or parameter stabilization, one groundwater sample will be collected from each monitoring well utilizing a new, disposable, polypropylene bailer or low-flow sampling equipment. Investigation Derived Waste (IDW) Loading, Transportation and Disposal It is estimated that 30 55-gallon drums containing soil, groundwater and/or equipment cleaning water will be generated as a result of the investigation activities. For the purposes of this proposal and cost estimate, we have selected the receiving facility and transportation provider for the soil and water waste (assuming Class II non-hazardous equivalent waste). Terracon will prepare and/or review waste characterization data forms and manifests for signature by the generator. Terracon may sign the waste management documents on behalf of the generator as authorized under this agreement. Sampling Program Terracon's soil and groundwater sampling program will consist of the following: Collection of up to 22 soil samples from the soil borings advanced on-site based on the zones exhibiting the highest PID reading. If, based on these observations, no elevated PID readings are observed; the samples will be collected from the capillary fringe zone, from the interval exhibiting a change in lithology, from the bottom of the boring, or from the interval of most likely environmental impact as determined in the field by the sampling professional. Collection of one groundwater sample from each of the groundwater monitoring wells (up to 16) using a new, disposable, polypropylene bailer or low- flow sampling equipment. The soil and groundwater samples will be collected and placed in laboratory-prepared containers, labeled, and placed on ice in a cooler which will be secured with a custody seal. The samples and completed chain-of-custody forms will be transported to the selected analytical laboratory for analysis on normal turnaround (5 to 7 days). Laboratory Analytical Program Select soil and groundwater samples collected from the soil borings and monitoring wells will be analyzed for VOCs, TPH, BTEX, MTBE, RCRA 8 metals, hexavalent chromium, ethylene and propylene glycol and PFCs. Additionally, if deemed warranted based on initial analytical results, select soil and/or groundwater samples may be analyzed for Professional Services Contract Page 19 of 26 Limited Site Investigation - Terracon Services, Inc. TPH TX1006 (aromatic and aliphatic fractionation), polycyclic aromatic hydrocarbons (PAHs) and/or Synthetic Precipitation Leaching Procedure (SPLP) on a contingent basis. The following methods will be utilized: Analysis Sample Type No.of Samples Laboratory Method TPH Soil 22 TCEQ Method TX 1005 TPH Groundwater 16* TCEQ Method TX1005 TPH Soil 2* TCEQ Method TX 1006 TPH Groundwater 2* TCEQ Method TX 1006 PAHs Soil 3 SW-846 Method 8270 PAHs Groundwater 3 SW-846 Method 8270 VOCs Soil 9 SW-846 Method 8260 VOCs Groundwater 9 SW-846 Method 8260 BTEX/MTBE Soil 13 SW-846 Method 8260 BTEX/MTBE Groundwater 7 SW-846 Method 8260 RCRA 8 Soil 3 SW-846 Method 6020/7471 RCRA 8 Groundwater 3 SW-846 Method 6020/7471 Ethylene and Propylene Soil 2 EPA Method 8015 Glycol Ethylene and Propylene Groundwater 2 EPA Method 8015 Glycol Perflourinated Soil 3 Lab Specific Compound Perflowinated Groundwater 3 Lab Specific Compound Hex Chromium Soil 1 EPA Method 7196 Hex Chromium Groundwater 1 EPA Method 7196 SPLP Soil 2* SW-846 Method 1312 'Contingent analyses may be warranted based on evaluation of the initial analytical results. Professional Services Contract Page 20 of 26 Limited Site Investigation - Terracon Services, Inc. Preparation of LSI Final Report Upon completion of site activities and receipt of the laboratory analytical results, a final report will be prepared that will include the following: • Documentation of field activities; • Site plan showing pertinent site features; • Soil boring/monitoring well logs; • Analytical laboratory results; • Comparison of soil and or groundwater concentrations with screening applicable screening levels for possible vapor intrusion. • Data evaluation and presentation of findings; and, • Recommendations concerning further action, if necessary. This written report will reflect final results, findings and recommendations, and, as such, will take precedence over any verbal reports that Terracon personnel may have provided. The analysis, comments and recommendations presented in the written report will be based on the information collected as discussed in this proposal. Schedule Terracon is prepared to commence work on this project following receipt of written notification to proceed. It is anticipated that the field activities will be completed in four to five days. Soil samples will be submitted on a standard analytical turnaround time of up to 14 business days (expedited turnaround is available at an additional charge). If contingency analysis of soil and/or groundwater samples is required, additional analytical analyses will be performed on a standard turnaround. Preliminary verbal results of the LSI may be available within 48 hours of Terracon's receipt of laboratory analytical reports. All field services will be performed under modified Level D safety personal protective equipment. General Considerations and Limitations Terracon's services will be performed in a manner consistent with generally-accepted practices of the professional undertaken in similar studies in the same geographic area during the same period. Terracon makes no warranties, expressed or implied, regarding its services, findings, conclusions or recommendations. Please note that Terracon does not warrant the work of laboratories, regulatory agencies or other third parties supplying information used in the preparation of our findings and/or reports. These LSI services will be performed in accordance with the scope of services as set forth in this Agreement and are not intended to be in strict conformance with ASTM E1903-11. Findings, conclusions and recommendations resulting from these services will be based upon information derived from on-site activities and other services performed under this scope of services; such information is subject to change over time. Certain indicators of the presence of hazardous substances, petroleum products, or other constituents may have been latent, inaccessible, unobservable, nondetectable or not present during these services, and we cannot represent that the site contains no hazardous substances, toxic Professional Services Contract Page 21 of 26 Limited Site Investigation - Terracon Services, Inc. substances, petroleum products, or other latent conditions beyond those identified during this LSI. Subsurface conditions may vary from those encountered at specific borings or wells or during other surveys, tests, assessments, investigations or exploratory services; the data, interpretations, findings and our recommendations are based solely upon data obtained at the time and within the scope of these services. It should be noted that, if affected soil or groundwater are discovered during the LSI, the owner, operator or similar responsible party may have release reporting obligations under applicable state law or regulations. Professional Services Contract Page 22 of 26 Limited Site Investigation - Terracon Services, Inc. ATTACHMENT B. FEE SCHEDULE Prices for services rendered under this Contract will be as specified in the schedule provided by the Consultant, which follows in this attachment. The total fee for services under this Contract will be performed on a time and materials basis and shall not exceed fifty-five thousand dollars ($55,000). Notwithstanding anything to the contrary herein, all financial obligations of the Authority hereunder shall be satisfied solely from funds of the Authority, and not the City. ESTIMATED PROJECT COST Labor $9,250 Drilling ' $30,000 Laboratory2 $9,800 Waste Disposal (Assumes Class 2 Non-Hazardous Waste) $4,150 Equipment and Expenses $1,800 ESTIMATED TOTAL $55,000 Assumes up to five full days on-site to complete drilling activities. Cost has been included to plug and abandon (P&A)the monitoring wells. 2 The laboratory cost includes potential contingent analyses that may be required; however, please note that if the noted contingent analyses are not performed, the fee will be reduced accordingly. 3 Waste Disposal cost includes transport and disposal of up to 30 drums of soil and water waste. If the amount of investigation derived waste (IDW) is less, the fee will be reduced accordingly. Laboratory expenses and other direct costs include a 15% handling fee. The project cost summary is based on the scope of services outlined in this proposal. This proposal and cost estimate were prepared based on the following assumptions: • The Authority will provide to Terracon, prior to mobilization, legal right of entry to the site (and other areas if required) to conduct the scope of services. • The Authority will notify Terracon, prior to mobilization, of any restrictions, special site access requirements, or known potentially hazardous conditions at the site (e.g., hazardous materials or processes, specialized protective equipment requirements, unsound structural conditions, etc.) • Utilities on private land that are not located by public companies will be located by property owner/operator. • Work can be performed during normal business hours (Monday through Friday, 7:00 am to 7:00 pm). • Traffic control services are not required. Professional Services Contract Page 23 of 26 Limited Site Investigation - Terracon Services, Inc. • The site is readily accessible by truck. It should be noted, if affected soil or groundwater is discovered during the LSI, the owner, operator or similar responsible party may have release reporting obligations under applicable state law or regulations. Schedule of Services and Fees a. PERSONNEL Senior Principal ...........................................................................................$180.00/hour Principal ..................................................................... .. 160.00/hour Senior Project Scientist ................................................................................. 155.00/hour Senior Project Professional ........................................................................... 155.00/hour Senior Project Geologist ................................................................................ 155.00/hour Senior Project Manager II .............................................................................. 155.00/hour Senior Project Manager I ............................................................................... 125.00/hour Project Geologist II ........................................................................................ 120.00/hour Project Professional II ...................................................................................110.00/hour ProjectManager II .........................................................................................110.00/hour Project Scientist II ......................................................................................... 110.00/hour Project Geologist I ......................................................................................... 110.00/hour Project Professional I .................................................................................... 100.00/hour Project Scientist I ..........................................................................................100.00/hour ProjectManager ............................................................................................ 100.00/hour Senior Staff Geologist .....................................................................................95.00/hour Senior Staff Scientist .......................................................................................90.00/hour Senior Staff Professional .................................................................................90.00/hour StaffGeologist .................................................................................................90.00/hour StaffScientist ..................................................................................................85.00/hour Staff Professional ............................................................................................85.00/hour Field Geologist ................................................................................................85.00/hour FieldProfessional ............................................................................................75.00/hour FieldScientist ..................................................................................................75.00/hour Drafts Person/Cad Operator ............................................................................68.00/hour Clerical/Administrative Staff .............................................................................60.00/hour If. EXPENSES AND SUPPLIES VehicleCharge ...................................................................................................0.65/mile Miscellaneous charges, including drilling, analytical laboratory tests. .............Cost + 15% shipping charges, rental equipment, outside labor, public transportation, materials, permit fees or other contracted services III. ENVIRONMENTAL EQUIPMENT RENTAL (Personnel time not included) Development, Sampling and Test Equipment Soil Sample Kit .......................................................................................25.00/per boring Professional Services Contract Page 24 of 26 Limited Site Investigation - Terracon Services, Inc. Groundwater Sample Kit ............................................................................35.00/per well Temperature, pH, conductivity meters .............................................................. 35.00/day Electric Water Level Indicator ........................................................................... 35.00/day Photoionization Detector ................................................................................ 110.00/day Low Flow Sampling Cell ........................................................................... 150.00/per day The Remainder of This Page is Intentionally Left Blank Professional Services Contract Page 25 of 26 Limited Site Investigation - Terracon Services, Inc. IN WITNESS THEREOF, the parties hereto have made and executed this Contract in multiple originals on the dates written below, in Fort Worth, Tarrant County, Texas. ALLIANCE AIRPORT AUTHORITY: TERRACON CONSULTANTS, INC. Jay Chapa Kyle Bur ghs Authorized Representative Office na er Date Signed: a —& —) S APPROVED AS TO FORM AND LEGALITY: Arthur N. Bashor Assistant City Attorney F°O R `?. ATTEST: � � (� a� �a Mary J. Kayser , 000000 City Secretary EXA M AL RECORD ECRETARY ORTH,TX Professional Services Contract Page 26 of 26 Limited Site investigation - Terracon Services, Inc. DATE(MM/DDNYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE 1/1/2016 1 2/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies NONTA CT 444 W.47th Street,Suite 900 PHONE ac No Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURERS AFFORDING COVERAGE MAIC N INSURERA:AIG Specialty Insurance Company 26883 INSURED TERRACON CONSULTANTS,INC. INSURER B:Travelers Property Casualty Co of America 25674 12315 2501 EAST LOOP 820 NORTH INSURER C:The Travelers Indemnity Company 25658 BUILDING 13 INSURER D: FORT WORTH TX 76118 INSURER E: INSURER F: COVERAGES TERCO01 CERTIFICATE NUMBER: 13359999 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD SUER POLICY EFF POLICY EXP LIMITS POLICY NUMBER MWDD/YYYY MM1DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y PROP3779274 1/1/2015 1/1/2016 EACH OCCURRENCE 0 DAMAGE TO RENTED CLAIMS-MAOE X OCCUR PREMISES(Ea occurrence $ 1,000,000 X CONTR'L LIABILITY MED EXP An one person) S 25.000 PERSONAL&ADV INJURY S ],000,000 GEN'1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S .000 POLICY� PRO- ❑ !ECT LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: S B AUTOMOBILE LIABILITY Y Y TC2J-CAP-13113858 IF1/2015 I/1!2016 5 B TJ BA P 131 J3895 1/1/2015 1/1/20 i 6 (Ea accidanq .000 X ANY AUTO BODILY INJURY(Per person) $ XX XX X ALL AUTOS "To"TOSULED BODILY INJURY Per accident XXXXXXX NON-OWNED PROPERTY DAMAGE 5 XXXXXXX X HIRED AUTOS X AUTOS a xxxxXXX A UMBRELLA LIAB X OCCUR Y Y PROU1920977 1/1/2015 1/1/2016 EACH OCCURRENCE S 5,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE S 5,000,000 DED RETENTIONS S xxxxxxx WORKERS COMPENSATION - C AND EMPLOYERS'UABILITY Y TRKUB13IJ384615(AZ,MA,NV0 1/1/2015 1/1/20)6 X STATUTE ER C ANY PROPRIETOPJPARTNERIEXECUTIVE YIN TC20UB1311374215.(AOS) 1/1/2015 1/1/2016 E.L.EACH ACCIDENT 5 1,000,000 B OFFICERIMEMBEREXCLUDED? � NIA TC20UB131J374215(CA) 1/1/2015 1/1/2016 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE4$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S 1,000,000 DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached if more space is required) RE:PROJECT#95147161C;2000 EAGLE PARKWAY AND 2100 EAGLE PARKWAY.ALLIANCE AUTHORITY,INC.AND CITY OF FORT WORTH AND THEIR EMPLOYEES,OFFICERS,OFFICIALS.AND AGENTS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL,AUTO AND EXCESS LIABILITY,AS REQUIRED BY WRITTEN CONTRACT.WAIVER OF SUBROGATION APPLIES TO GENERAL,AUTO AND EXCESS LIABILITY,AND WORKERS COMPENSATION,WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION 13359999 ALLIANCE AUTHORITY,INC. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1000 THROCKMORTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FORT WORTH TX 76102-6311 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESEHTA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD A��® DATE(MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 1,,,2016 r 2i17i2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Locklon CompaniesCONTACT NAME444 W.47th Street,Suite 900 PHONE FAX A/C No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURERS AFFORDING COVERAGE MAIC0 INSURER A:I..eXI t n Insurance Comnany 19437 INSURED TERRACON CONSULTANTS,INC. INSURER B 1069848 2501 EAST LOOP 820 NORTH INSURER C BUILDING 13 INSURER D: FORT WORTH TX 76118 INSURERE: INSURER F: COVERAGES TERCO01 CERTIFICATE NUMBER: 13360061 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD SUBS! POLICY EFF POLICY EXP LIMITS LTR POUCYNUMBER MWDD/YYYY MMIDD/YYYY COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENQE DAMAGE TO CLAIMS-MADE ❑OCCUR PREMISES(ES aENTED oocurrence) 5 XXYIXYIXX MED EXP(Any oneperson) $ xxxxxxx PERSONAL&ADV INJURY 5 x}{X}(xxx GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 POLICY�JE T ❑LOC PRODUCTS-COMPIOP AGG OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE (Ea accident) S ( (}( ){X ANY AUTO BODILY INJURY(Per person) S XX)LXXXX ALL OWNED SCHEDULED BODILY INJURY(Per accident) S CXJ J AUTOS AUTOS NON-OWNED PROPERTY DAMAGE 5 XXYM HIRED AUTOS AUTOS fpAr Accident) xx sXXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE S X){){) xxx EXC ESS L1 HCLAIMS-MADE AGGREGATE S xxxxxxx DED I RETENTION 5 S xxxxxxx WORKERS COMPENSATION NOT APPLICABLESTATUTE ER AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT 5 OFFICERIMEMBER EXCLUDED? xxxxxxx (Mandatory In NH) E.L.DISEASE-EA EMPLOYE S )CYXYXXX Il yyeess..describe under DESC IP"ON OF OPE TIO below E DISEASE-POLICY LIMIT S XXXXXXX A PROFESSIONAL N N 26030216 1/1/2015 1/1/2011 $2,000,000 EACH CLAIM& LIABILITY $5,000,000 IN THE ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached i1 more space is required) RE:PROJECT k95147161C;2000 EAGLE PARKWAY AND 2100 EAGLE PARKWAY. CERTIFICATE HOLDER CANCELLATION 13360061 ALLIANCE AUTHORITY,INC. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1000 THROCKMORTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FORT WORTH TX 76102-6311 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTAT ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ® DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE i/1/2016 F2/I7i2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT 444 W.47th Street,Suite 900 PHONE Kansas City MO 64112-1906 E-MAIL _ ac No (816)960-9000 ADDRESS_ INSURER(S)AFFORDING COVERAGE NAIC M INSURER Am AIG Specialty Insurance Company 26883 INSURED TERRACON CONSULTANTS.INC. INSURER 8: 1320756 2501 EAST LOOP 820 NORTH INSURER C BUILDING 13 INSURER D FORT WORTH TX 76118 INSURER E INSURER F: COVERAGES TER0001 CERTIFICATE NUMBER: 13360002 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADO SUER POLICY NUMBER MM/DOPOLICYEFF/YYYY MWDI O EXP LTR LIMITS 7MERCILAGENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE 5_xxxxxxx'LMS-MADE ❑OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) 5 XXXXXXX MED EXP(Any onePerson) 5 PERSONAL d ADV INJURY S XXXXXXX GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S xxxxxxx ❑X PRC- POLICY 11JECT LOC PRODUCTS-COMP/OP AGG b xxxxxxx OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE cOMuildent) 3 xxxxxxx ANY AUTO BODILY INJURY(Per person) S xxxxxxx ALL OWNED SCHEDULED BODILY INJURY Per acc,dent S X AUTOS AUTOS NON-OWNED PROPERTY DAMAGE 5 XX.XJCXXX HIRED AUTOS AUTOS (Pei acriiontl S X?IXX.XXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE S xxxxxxx EXCESS LIAR CLAIMS-MADE AGGREGATE S xxxxxxx DED I I RETENTION 5 5 xxxxxxx WORKERS COMPENSATION NOT APPLICABLE AND EMPLOYERS'LIABILITY Y i N STAiuTE ER ANY PROPRIETORJPARTNER/EXECLn7VE NIA E.L.EACH ACCIDENT S xxxxxxx OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE S }(�(}{.}(} X If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POI ICY LIMIT 5 XXXXXXX A CONTRACTOR'S Y Y CPO L330339 1/102015 1/112016 $5,000,000 EACH LOSS POLLUTION LIABILITY $5,000,000 AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached it more space is required) RE:PROJECT#95147161 C:2000 EAGLE PARKWAY AND 2100 EAGLE PARKWAY.ALLIANCE AUTHORITY,INC.AND CITY Of FORT WORTH AND THEIR EMPLOYEES,OFFICERS,OFFICIALS,AND AGENTS ARE ADDITIONAL INSUREDS AS RESPECTS CONTRACTOR'S POLLUTION,AS REQUIRED BY WRITTEN CONTRACT,WAIVER OF SUBROGATION APPLIES TO CONTRACTOR'S POLLUTION,WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION 13360002 ALLIANCE AUTHORITY,INC. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE IOOO THROCKIvIORTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FORT WORTH TX 76102-6311 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD