2013-080ORDiNANCE NO. 2� 13-�g�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL AND PERSONAL SERVICES
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND W&M
ENVIRONMENTAL GROUP, INC. FOR ENGINEERING SERVICES AND PERSONAL
SERVICES PERTAINING TO THE COMPLETION OF A LEAKING PETROLEUM
STORAGE TANK CLOSURE REQUEST, VOLUNTARY CLEANUP PROGRAM PROJECT
MANAGEMENT, AND MISCELLANEOUS ACTION ITEMS NEEDED TO OBTAIN A
VOLUNTARY CLEANUP PROGRAM CERTIFICATE OF COMPLETION AND SITE
CLOSURE FOR A TWO (2) ACRE TR.ACT OF LAND SITUATED GENERALLY AT THE
SOUTHEAST CORNER OF OAKLAND STREET AND EAST MCKINNEY STREET, IN
DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
PROVIDING AN EFFECTIVE DATE (FILE 5204 IN AN AMOUNT NOT-TO-EXCEED
$154,000).
WHEREAS, the City Council deems it necessary and appropriate and in the public
interest to engage the engineering firm of W&M Environmental Group, Inc., a Corporation,
located in Plano, Texas (hereafter "W&M"), to provide the City with professional engineering
and personal services pertaining to W&M's further investigation and completion of a leaking
petroleum storage tank closure request, voluntary cleanup program project management, and for
miscellaneous action items regarding work needed to obtain a VCP certificate of completion and
site closure respecting a tract of real property recently acquired from Denton County, Texas; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the hereinabove described professional services by the City, and that limited City staff cannot
adequately perform the specialized engineering and other professional services and tasks, with its
own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act," generally provides that a city may not select a provider of
professional services on the basis of competitive bids, but must select the provider of
professional services on the basis of demonstrated competence, knowledge, and qualifications,
and for a fair and reasonable price; and
WHEREAS, the City Council hereby iinds and concludes that W&M is appropriately
qualified under the provisions of the law, to be retained as an engineering firm for the City,
respecting this engagement; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional services, as set forth in the
"Professional and Personal Services Agreement;" NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble hereto are true and correct and
are incorporated herewith as a part of this Ordinance.
SECTION 2: The City Manager is hereby authorized to execute a Professional and
Personal Services Agreement (the "Agreement") with the engineering firm of W&M
Environmental Group, Inc., a Corporation, for professional engineering and personal services
pertaining to the interests of the City respecting environmental issues relating to the real property
recently acquired in the vicinity of 300 East McKinney Street, in Denton, Texas, as hereinabove
described, in substantially the form of the Agreement which is attached hereto as Exhibit "A"
which is incorporated herewith by reference.
SECTION 3: The award of this Agreement is on the basis of the demonstrated
competence and qualiiications of the firm of W&M, and the ability of W&M, to perform the
professional engineering and related personal services needed by the City for a fair and
reasonable price.
SECTION 4: The expenditure of funds as provided for in the attached Agreement is
hereby authorized.
SECTION 5: This ordinance shall become effective upon its passage and approval.
PASSED AND APPROVED this the `� ��" clav nf �1;�/? rl' . 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
B y.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: �
2
STATE Q� TEXAS
COUNTY OF DENTON
PR�FESSIONAL AND PERSONAL SERVICES AGREEMENT
THI� AGREEMENT is made and entared into as of the �""day of , 2013,
b nd b w n h Ci af Denton Texas a Texas munici ai cor oz•ation ith its ris�ci a(
y a et ee t e ty , , p p , p p
office at 215 East McKinuey Street, Dentoii, Dentoii County, Texas 76241, hereinafter called
"OWNER" and W&M Envsron�nental Group, Tnc., with its corporate office at 906 East 18��'
Street, Suite 100, Plano, Texas 75074, hereinaftex• called "CONSULTANT," actin� herein, by
and througli theu duly authorized rep��esentatives.
WITNESSETk�, that in consideration of the covenants and agreements herein. contai�ied,
the paities hereta da mutually ag�•ee as follows:
ARTICLE i
EMPLOYMENT OF CONSULTANT
The OWNER heceby contracts with the CONSULTA.NT, as an independent coi�tractor,
and the CQNSULTANT hereby agrees ta perfor�n the �rofessional and personat services herein
in connection with t�te "Project" as stated in the sections to follow, with diligence and i�i
accordance with the pxofessional standards customarily obtained far such seivices ita the State of
Texas. The professional and personal services set out hereiu are in connection with the
following described Project:
The Project sl�all iuclude, withaut limitation, additional furtlier investigation and
reporting to the Texas Coinmission on Envu•ontnental Quality ("TCEQ") regarding ihe
petroleum storage tauk ("PST") system, which includes underground sto�•a�e tanks, u�tdet•ground
piping, and underg�•ound fuel pipelins; and the puipose af tliis further investigation is to assess
the p�'esence at�d dastribution of pet�•oleuin constituents in soil and groundwatei in the �•elease
acea as well as to analyze the stability of the t�elease whicl� occurred �n the foi•iner filiing station
situated at 312 East McKiut�ey Stx•eet, Denton, Texas 76201; and the investigatian and repoiting
of activities to the TCEQ regarding the identification of aisenic in the soil and tl�e gcoundwater
i�i the vici��ity of tl�e auto repau• shops and p�•inting shop in the vicinity of 300 East McKinney
5treet, Denton, Texas 7�201,
ARTICLE iI
SCOPE OF SERVICES
The CONSULTA.NT shall perfoz�in the foilowing services in a prafessional manner:
A. To pei•form al1 tliase sea�vices set forth in CONSULTANT's two (2) proposals, which
proposals are attached hereto and made A part hereof as Exhibits "A" and "B" as if
written wox•d fot� word herein,
B. Iithere is any confIict Uetween the terms oftliis Agceement and the CONSULTANT'S
two (2) p�•oposais, tlie te►•ms and conditions of tl�e pra��osals shall cont�•ol ove�� the terms
and conditions of this Agreement.
ARTiCL� III
ADDITIONAL SERVICES
Additional set•vices shall mean, for pur��oses of tl�is Agreement, any additional wock that
is not expected or contemplated in Exhibits "A" and `B." Any sucli additional work shall be
separately agreed upon by botli pai�ties and shall be the subjeci of a sepacate purchase order or a
separate a�►•eement.
ARTICLE IV
�'ERIOD OF SERVICE
This Agreement shall Uecome effective upan execution of this Agreement by tlie
OWNER and the CONSULTANT and u�on issuance of a��otice to pz�oceed by the OWNER, and
it shal� reinain in force for the period which may reasonably be x•equu�ed fox• the eompletian of the
Project, includin� Additio�ial Services, if any, and any required extensions approved by t}�e
OWNER, This A�ree�nent may be sooner terminated in accordance with the provisions hereof,
Time is of the essence in this Agreeinent. The CONSULTANT shall �naEce all t•easonaUle effocts
to coinplete tlie seivices set forth herein as expeditiously as possible and to meet the schedule
established by the OWNER, aciing tluough its City Manager or his designee,
ARTICLE V
COMPENSATION
A. COMPENSATION T�RMS:
1. "Subcontract Expense" is defiued as expe��ses uicua•��ed by the CQNSU�.TANT in
e�nployment of others in outside firms for services.
2, "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by tlie CONSULTANT for supplies, transportation and equipment,
travel, coxnmunications, subsistence, and lodging away fiom home, and similar
incidental expenses in cannection with that assignment.
B. BILL,ING AND �AXMENT; For and in consideration of the p�•ofessional seivices to be
pet•formed by th� CONSULTANT herein, the 4WNER agcees to pay, based an tlae cost
estiinate detail set forkh in Exhibit "A" (not-to-exceec� $63,000) and Exhibit "B" (not-to-
exceed $91,000), whic�i Exhibits ara both attaciied hei•eto and made a�art of this
Agreement as if w��itten word for �vo��d herein, a total fee aggregaiing not-to-exceed
$1S4,QOU.
Partial payinents to tlie CONSULTANT'will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER ttu�ough �ts City Manager o�• his
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designee; laowever, under no circumstances shall any monthly statement for services
exceed tlie value of fhe �vork pea�formed at the time a statemeui is rendered.
Nothing contauied in t�is Ax•ticle sl�all requu•e the OWNER to pay for any work which is
unsatisfactoiy, as reasotiably deterinined by the City Manager or his designee, or whicli is
not submitted in co�npliance with the terms of this Agreement, The OWNER shall not be
reyuired to make any payments to the C�NSULTANT when the CONSULTANT is in
default under this Agreeinent,
It is specificaily u�ide�•stood and agreed that the CONSULTANT shall not Ue aut[io�•ized
to undertake any work pursuant to this Agreement which would requue additional
payments by the OWNER fo�• any cl�acge, expense, or reimUursement above the
maximutn not�to-exceed fee as stated, without first havin� obtained written authorizatio�i
fiom the OWNEI�. The CONSULTANT shall not proceed to perform the services listed
in Article III "Additional Sei•vices," withaut obtaining prior w�•itten authorization fi•a�n
the OWNER.
C. ADDITIONAC, SERVICES: For additional sei•vices authorized in writiiig by tl�e
OWNER in Article I��, the CONSULTANT s1�a11 be paid based on the Schedule of
Charges at the rate agreed upon by tk�e separate purchase order or separate agt�ee�nent.
Pay�x�e��ts for additional services shall be due and ��ayaUle upon submission by the
CONSULTANT, and sl�all be 'ui accordance with subsection V.B. hereof. Statements
shall not be submitted ino��e frequently than monthly.
D, PAYMENT: If the OWNER fails to inake payineiits due tlie CONSULTANT for
services a�id expenses within fhirty (30} days after receipt af fhe CONSULTANT's
undisputed statement tlaereof, the ainouuts due the CONSULTANT will be increased by
the rate of one percent (1 %} per month fi•o�n the said ihu•tieth (30`�') day, aud, in addition,
the CONSULTANT may, after giving seven (7) days' wi itten notice to the OWNER,
suspend services under this Ag�•eement until the CONSULTANT has been paid in full all
amounts due for services, expenses, and charges, pravided, liot�vever, noti�ing hei•ein shall
requu•e the OWNE� to pay the late charge of one pei•cent (1 %) set fo�•th he�•ein i#' the
OWNER reasonably determines, and natifies the CONSULTANT, in writing, that the
work is unsatisfackary, in accordance with this Article V, "Compensation."
ARTICLE `1I
OBSERVATION AND REWIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discoverin� and
�►•omptly repoi�tuig to the OWNER any defects or deficiencies in the work of the
CONSULTANT or any subco��tractors or subcansultants.
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ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepaced or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruinents of sei•vice, and
sliall become the property of the OWNER upoai the ter�ninatioi� of this Agreeznent, The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
fui�iislied by the CONSULTANT ace intended only to be applicable ka this Project, and
OWN�R's use of these documents in other projects shall be at OWNER's sale risk and expense,
In the event tl�e OWNER uses any of the information or materials developed pursuant to this
Agreement in another px'oject or for other pucposes tl�an specified herein, C�NSULTANT is
released fi•otn aity aiid all liability relating to theu use in that project.
ARTICLE VIII
INDEPENDENT CONTRACTOR
C�NSULTANT shall provide services to OWNER as an independent cot�tractor, tiot as
an emplayee of tha �WNER. CONSULTANT shail not have or claim any right arising fi•om
employee status,
ARTICLE IX
TNDEMNYTY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless tha OWNER and its
afFice�•s, a�ents, and employees fiom and against any and all liability, claims, demaiids, dainages,
losses, and expenses, including, but iiot limited to coutt costs and �•easonabie attorney fees
incurred hy the OW�TER, and inciuding, without limitation, damages for bodily and persanal
injury, death and p�•ope�•ty damage, x•esulting �ioin the negligeut acts o�• omissions of the
CONSULTANT or its officers, shareholders, agents, ox� e�nployees in the execution, operation, or
performanee of this Agreemeiit.
NoYhi��g in this Agceement shall be construeci to create a liability to any person who is not
a party to this Agx•eement, anci nothing hereit� shall waive any of the parties' defenses, both at
law or equity, ta any ciaim, cause of action, or litigatioii filed by anyone not a p�rty ta this
Agreement, including the defense of goveriunentai immunity, which defeuses are i�e�•eby
expressly reserved,
ARTICLE X
�NSURANCE
Du�•3ug tl�e perfo�•mance of the services under this Agreement, CONSULTANT shall
uiaintain the following insuranee witli an insuraxice company licenseci to do business in the State
of Texas by the State Insura�ace Co�n�nission or any successor agency that lias a rating with Best
Rate Carriers of at least au A- or above: Referenc� the attached "City of Denton -- Insurance
Rec�uuement for Contractors,"
Page �
ARTICLE XI
ARBITRATI�N AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbit�•ation oa� athea• meaa�s of alternate dis��ute x�esolution, such as znediation, No
acbiiration or aiternate dispute resolution arisii�g out of oi• relating io this Agreement, involving
one party's disagree�nent, �nay include �he other pa►�ty to the disagreetnetat without the other's
app��oval.
ARTICLE XII
TERMINATION OF AGREEMENT
A, Notwithstanding any othe�• provision of this A�reement, eitl�a�• party anay te�•minate by
giving thuty {30} days' advance written a�otice ta ihe othea• party.
B. This Agreement tnay be terminated in whole or in part in the event af either party
substa�itially failing to fulfitl its obligations under tlais Ag�•eement, No such termination
will be affected uiiless the other party is given (1) written notice (delivered by certif"ted
mail, retu�n receipt requested) of inient to terininate and setting fo�•th the reasons
specifying the nan�pe;•formance, and not (ess than thii�ty (30) calendar days to cure ihe
failu�`e; a��d (2) an o��ot•tunity for consultation with tlje terminating party prior to
t�rmiiiaiion.
C, If the Agreement is terminated prior to campletion of ilie seivices to be provided
hareunder, CONSULTANT shall iinmediately cease all services aad shall rendex• a final
bill fox• services to the �WNEn witliin thu•ty (30) days after the date c�f terinination. The
OWNER sl�all pay CONSULTANT for all services properly rendered and satisfactarrily
performed and for reimbucsable expenses to te�•mination incurred prior to the date of
terinination, in aceordance with Ax•ficle V"Co�npensation." Slxauld the OWNER
suUsec�uently contract with a new consultant for the continuation of services on the
Project, CpNSULTANT shail coope�•ate in providing infarmation, The CONSULTANT
siiall turn over all documents prepat•ed or fitrnished by C�NSULTANT pursuaut to this
Agreemes�t to the �WNER on or before the date of te�•tnination, but inay maintain copies
ofsuch documents for its use.
ARTYCLE XIII
RESPONSIB�LITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER sl�all not constitute, nor be deemed a�•elease of the
responsibilit� and liability of the CONSUL�ANT, its employees, associates, agents,
subcontractors, and subconsultants for the accucacy and competency of thei�• designs or otliei•
work; nor shall such approval be deeined to be an assumptian of such responsibility by the
OWNER foc any defect in the design ox� other work px•epared by the CONSULTANT, its
employees, subcontractors, agents, and cansultants.
Page 5
ARTICLE XIV
NOTICES
All notices, coinznunicatioais, and repocts reyuired o�• p��•�nitted under tliis Agreement
slaall be pe�sonally delivered or mailed to the respective parties by depdsiting sam� in th� United
States mail to tlxe adciress sliown below, cei•ti�ed maii, �•eturn receipt requested, unless otherwise
specified hereiu. Mailed notices sliall Ue deeined coirununicated as of tluee (3) days' mailing;
To CONSULTANT;
W&M �nvirot�mental Group, Inc,
F�•ank W. Clark, P.E.
906 East 18°i Street, Suiie 100
Plano, Texas 75074
� i ./� -- �
City o€Denton, Texas
Goorge C, Campb�tl, City Manager
215 East McKinney
Denton, Texas 7G201
All notices sliall l�e deemed effective upon t•eceipt by the pa�•ty to whoin such notice is
given, o�• witlun three {3) days' mailing,
ARTICLE X`1
ENTIRE AGREEMENT
This Agreement, consistin� of twenty-four (24} pages and three (3} exlaibits, constitutes
the comp�ete and �na1 expression of tlie agreement of ihe paeiies, and is intendecl as a complete
and exclusive statement of the terms of theu� agreeane�rts, and supe��sedes all prior
cotite�npoz•aneous offers, ln•omises, representatioi�s, negotiatians, discussions, CO1riiT1U1]1Cat10ri5,
and a�reements wl�ich may i�ave been made in connection with tl�e subject tnatte;r he�•eof.
ARTTCLE XVI
SEVERABILITY
If any p�•ovision of this Agreeinent is found or deemed by a court of competeut
jurisdiction to Ue invalid or unenforceable, it sl�all be considered severaUle fiom the t'emainder of
this Agreeineni and shail not cause tlxe remaxndei• to be invalid or unenforceable, In such event,
tlie parties s}ia11 reform this Agreeanent to replace such ste•icken provision wit�� a valid and
enforceable provision which con�es as close as possiUle to expressing tiie intention of tl�e s#cicken
�rovisioai.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shalt comply with all fedsrai, state, and local la�vs, rules,
regulatio�as, and ordinances applicable to the work coveced hereunder as they �nay now r�ad a�•
hereinafter bE amended,
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ARTICLE XVIII
DISCRIMINATION PR(�HIBITED
In perforinuig the services requued hereunder, the CONSULTANT sl�all not discrimuiate
against any person on ttis basis of z�ace, colo�•, �•eligion, sex, nationai arigin or ancestry, age, o�•
physical ha��dicap.
AR'X'ICLE XIX
PERSONNEL
A. The CONSULTANT x•ep�•esents that it has or will secure, at its own expense, alt
personnel ��equit�ed to perfo��in all the set•vices �•equu�ed under this Agreement. Sucla
persvnnel shall not be employees or officers of, or have any contcactual relatioi�s with the
OWNER. CONSULTANT shall inform the OWNER of any conflict of interest oc
potential conflict of interest that may arise duruig th� tsrm of tliis Agreement.
B. AIl services requiced hereu�ider will be pet•foi�meci by the C�NSULTANT qr under its
supervision. Ail persannel en�aged in work shall be quali#"ied, And shall be authorized
and permitted under state and loca� aaws to perform such services.
ART�CLE XX
ASSIGNABILITY
The CONSUI,TANT shall not assign any inte�•est in this Agreement, and shall not
tra��sFer any interest ui this Agreement (whether by assigmneizt, novation, ox• otherwise) without
the prior written consent of the OWNER.
ARTICLE XXI
MODIFICATION
No waivei� or modification of t(us Agx•eeinent o�• of aiiy caveaiant, eondition, or limitation
lterein contaiiied sliall be valid unless ic� w�•iting axid duiy executed by the pa��ty to be charged
therewith, aud no evideiice of any waiver or modification slzall be offered or received in e�idence
ui any proceedii�g a►•isin� betweeii the parties hereio oat of or affecfin� tiiis Agceement, ai• tile
rights or obligaiions of the parties liereunder, and unless such waiver or inodi�cation is in
w�•iting anci duly executed; �nd ihe parties furihet• agree tl�at the provisions of tliis section will not
be ��aivecf unless as set foith herein.
ARTICLE XXII
MISCELLANEOU5
A. The Following exhibits are attaclied to and mad� a pai�t ofthis Agreement:
City of Dentota — Ii�su�•ance Requirements for Contractors
Exhibit "A": Purchase Order -- Seivices � Leaking Petroleum Storage Tauk
Exhibit "B": Purchase Order — Se�vices — Texas Risk Reduction P�•ogram
Page 7
B. The OWNER shall l�ave the �•ight to audit and inake copies of the books, records and
can�putations pertaining to this agreement. Tlie CONSULTANT shall z•etain such books,
recot�ds, docu�nents and other evidence pertaining to this a�a�eement during tize contract
period and five years thereafter, except if an audit is in progress or audit findings are yet
um•esolved, in whicl� case reco�•ds shall Ue kcpt until all audit tasks are campleted and
resolved. These books, records, docum�nts and other evidence shall be availabte, wittiin
ten (10) business days ofwritten request. Further, the CONSULTANT shall also require
alt Subcontractors, �na�erial suppliers, aud other payees to retain aIl Uooks, recox•ds,
docum.ents and other evidence pertaining to this agreexnent, aud to allow the OVVNER
similar access to those docu�nents. All books and records will be made available within a
fifty (SO) mile radius of the City of Denton, The cost of the audit will be bo�ne by the
OVVNER unless ihe audit reveals an overpayment af 1% or gceater. If an overpayment of
l% or greater occurs, the reasonable cost oithe audit, including any travel costs, must be
bai�ne by ihe CONSULTANT which musf he payable within ten (10) business cfiays of
receipt of an invoice. Failure to comply with tl�e provisions of this section shall be a
material breach of this contract and shall constituie, in ihe OWNER'S sole discretion,
g�•ounds for termuiation thereof. Each of the tea'ms "books", "records", "documents" aud
"other evidence", as used above, shall be construed to include drafts and electronic files,
even if sucli dz•afts or electronic files are subsequently used to generate ox• prepare a fii�al
printed document.
C. Venue of any suit or cause of action unde�• this Agree�nent shalf lie exclusively in Denton
County, Texas. Tf�is Agreement shall be construed iii accordance with the laws of the
State of Texas.
D. Fo�� the purpose of this Agreein�nt, ti�e key person who will perforin the work hereunder
sl�all be rG ti' W('��,�� Q�� . However, nothrng herein shali li�nit
CONSULTANT fiom usin� qua ified and competent znembe�•s of its fu•m to
perform tlie seivices requu•ed hei•ein.
E. CONSULTANT shall commence, cai•ry on, and complete any and all pcajects with all
app3icahle dispa�tch, in a sound, eco�lomical, and efficient manner and in accordance with
the provisions hereof in accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensw�e that the �vork involved is propea�ly coorditiated with
related wark be'v�g cat•ried on t�y the OWNER,
F, Tl�e OWNER sliall �assist the CONSULTANT by placing at the CONSULTANT's
disposal all a�ailable info►•mation pertinent to tlte Project, including previous ��epoi�ts, any
oiher data relative fo tlie P�•oject, and arranging for the access thereto, and make all
pl'OV1510115 for the CONSULTANT ta enter iut ar upon public and private property as
required for the C�NSULTANT to pet•form services u�3der this Agreainent.
G. The captions of khis Ag�•eem:ent a�•e for inforinational purposes only, anct shall not ux any
way affeet the substantive teiyns or canditions of this Agreement,
Page 8
�N W�TNESS H�1tEOF, the City of Denton, Texas has caused this A�ree��aent to be
executed Uy its duly autliox�ized City IV�anager, and CONSULTANT has ex cuted this Agreetnent
by and tluough its duly authorized undersigned officer on this tlie � day of ��-�---,
2013.
"OWNER"
CITY OF DENTOIV, TEXAS
A Texas Municipal CorporAtion
By �-
GE RGE C, GAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR ED AS O LEGAL FORM:
ANITA BURGESS, C�TY ATTORN�Y
By:
"CONSULTANT"
ATTEST;
; � �� �
W& M ENVIRONMENTAL GR4UP, INC.
A Texas Corpo�•atiotY
.-
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Page 9
CIT� 0� ��NiON
INSURAIUCE REQUIREMENTS FOR CONTRACTORS
l3idrlei�'s �tte�tt%u is �lir�ecied to tl:e insr�r�ri:ce s�eqtr�rerizer:ts Gelow Ii is higl:ly �•econintenrlerl
tltat Gid�le�s confer tiuiilr t/reir t�espective irtsurance ca��rie�•s or� brokers to rlete��rai�te i�t advance
of Brrl suG�nrssio�t tlie auailaGi�ify of insui�ance cer�lrfic�rtes ��ul endo�se�ree�:is as presc►�ibed
artd pr�ovirlerl lrej•ei►t. If «�i �rpprrrertt law Lir/rler fuiCs to coj�tply sli�ictly witlt tlte i+tstrra►:ce
f•equir�e��teftis, tlzat birtder� rltay Le d�sr,�Yrali,Jded fro►ri award of tlie corrtj�act. Upon Lid mvr�t�d, rcll
i,esru�ance ,•e�irire�neitfs sltrall Lecome ca�rtractual aGligalions, wliic/i tlre sirccessfrsl birl�le��
sltall IZr�ve a �lrsty to rn�r�rttai�t tlu�ou�l:out tlze coulse of t/sis corttract.
STANDARD PROVISIONS;
YYith.ottt di»riting un,y of tlre other abligatiojrs or liabilities of the Contructw; tlre Co��tractor shull
provrde �ejad nlaintain imtil tlTe coritracted �t�ojk has been conapleted und uccepted by tlte Cily of
De��ton, Otit>>ae�; the mininitrnt insarrance cove�crge as irrdicute�t Iterei��aftei�.
As sonri us I�racticable after notification of bicl u�vurd, Corrtractor shull, file witl� tlte Purcltasing
Deparfr»ent salisfuclo�y cei�ti�cutes af insarrurace, corztairTirlg tlae bid narnabei• und title of tlze
pjrojecf. Coirt�acto�• ntay, upon ��t�itterr �•eyuest to the Put•cltusiragDepar�tr�tend, a�lc for•
clurificatior� of u»y i��su�unce �er�ulrements at any tirr�e; l2oK�eve�; Ca2tr•acta�s ar•e sirartgly
advised ro ntulce sttch reqcrests��rio�• to hid opening, siltce the inszu�ance require�rients riiuy not be
rraodified a� 1��aived afler bid operring �rnless u tiv��itte�� exceptian l�as Geen strbrniited tis�ith t/te bid.
COl1tYllC101� sltall ttot corr��tiettce uriy wo��k o►� �leliver ar�y ►�iaterial untll lte or slre recelves
not�catioie tliai tlie co�:t��act /ias Geeri accepied, rrppr�ove�l, a�td signed Gy tlte Citv of Denton.
All i��stri•ance policies proposed or obtai�ied irt sutis�'actio�� of these regaciremefits sltull corr�ply
tii�ith tlre follotii�ifrg geraerul specifr.cations, ru�d slrall be rliai��tair�ed in compliu�xce witlt !lrese
ge��eral speci�cations tlrroa�gh_out the cdtr�•a�ion of tlte Corttract, or longer, ifso nofed:
• Each policy shall be issued by a company authot•ized to do business in ttae State of
Texas t�+ith an A,M. Best Company rating of at least A- o�• Uette��.
e Auy deductibles oc self-insured retentians shall be dec[ared in the bid propasal, If
requested by tlie City, the itisurer shall reciuce or eliminate such deductibles or
self-itlsured ietentions with res�ect to the City, its officiats, agents, etnployees a�id
volunteers; �r, the contractaa� sliall p�•ocure a boaad guaranteeing payment of losses and
related vivestigations, claiin:administration and defense ex��enses.
o Liability policies sl�all be endorsed to provide the foliowing:
• Nacne as additionai insured the Ciiy of Denton, its Officials, Agents, '
Einployees and voluntE�rs.
• That such insurance is primary to any other iusurance available to the
additional insuced with respect to claims covered under the �olicy and tliat tliis
Page 10
insurallce applies separately to each insu�•ed against wham claim is made or
suit is brqught. The iciclusion of more than one insured shall not operate to
increase th� insurei's iimit of liability.
• Ca�:cellatior:: City �•equires 30 �lay writle�t �tatice altottld �rrty of tlre policies
desc��iGe�J on the ce��tificate Ge ct�ncelled befo��e Ihe �tpi��atian �late.
• Should any of the i•equi��ed insurance Ue pz•ovided under a claims-inade fo�•yn,
Conhactor shall �naintain sueh coverage continuously tlu�oughout the term of
tbis contx•act and, without lapse, for a periad ofthree years beyond fhe contract
expiration, such that occurreiices arising durii�g the contcact term whicl� give
rise to claims made aftet• expiratiot� of the co�itrACt shall be covered.
e Sliould any of the required insurance be pravided under a fortn of coverage that
includes a�eneral annual ag�t•egate lirnit praviding for c�aims investigation ar
legal defense costs to be i�acluded in the general amival aggregate limit, the
Conkkacto�• shall either double the occurre�ice li�nits or obtain Owners and
Contractocs Protective Liability Insurance.
o Should aiiy requi�•ed insurance lapse duz�ing the contract term, requests �or
payinents ox•iginating aftec such lapse shall not be pl'aC�55�d until the City
receives satisfactory evidence of reinstated coverage as �•equu•ed by this
contract, effective as of the lapse date. If insurance is ��ot reii�stated, City may,
at its sole option, terminate this agree�nent effective on the date of the lapse.
Page 11
SPECII'IC ADDITIOl�IAL INSURANC� REQUIREM�NTS:
All insiu•unce policies propased o1• obtaine�t i�� s�stisfrection of tjiis Co�7tjact shal! udditioa�ally
comply witlt the foldo�tfing naarked specifrcations, ar7d shall be maintained irr canrpliance witlr
Ntese u�dditio�ia! specificuiions tlrrd:sglroirt tlre dtrr�ation of the Corrt� act, of• longer, if so no�ed.�
[X ] A. General Liability Iusui�a�ice:
General LiaUility insurance with coinbined single limits of not less than $1,000,000
shal( be provided and maintained by the Contracfor. Tlie policy shall be written on
an occurrence basis either in a single policy or in a combination of underlying ai�d
umbrella or excess policies.
If the Coirunercial General LiaUitity for�n (ISO Form CG D001 current editiox�) is
used:
Covecage A shall include pz•e�nises, operatians, products, and completed
operations, independent contcactors, contractuat liability covering tl�is
contract and braad form property da►nage coverage.
Cove7�age B shatl inciude persanal injucy.
Covera�e C, medical payments, 15 llOt TEC(Ull•ed,
If the Comprehensive General Liability form {ISO Form GL 0002 Current Edition
and IS� Foi�rn GL 0404) is used, it shall include at least:
• Bodily injwy and Property Damage Liabiliiy for premises, operations,
products and completed operations, independent contractors and propei�ty
damage resulting fl•om explosion, collapse or underground (XCU)
exposures,
Broad form contractual liability (preferably by endorsement) eovering tl�is
cantraci, personal iujua•y liability and b��oad form property damage �iability.
[X] Auton�obile Liability Insurance:
Contractor sl�all provide Ca�n�ne�•cial Automobile Liability insw�ance �+itl� Coinbuied
Singte Limits (CSL) of not less than $5�0,�00_eithe�• in a su�gle policy or in a
co�nbination of basic and umbz•ella oz• excess policies. The policy will inctude bodily
injuiy and pro�eity damage liability arising aut of the opex•ation, maintenance and use of
all automaUiles and mobile equipment used in coiijunetion with this contract.
Satisfaction of the above requireraent sl�all be in the form of a poliey endorsement for:
any auto, or
all owned, hued and iioii-owned autos.
[X] Wvrkers' Compe�isation I��s��rauce
Conkr�ctar shall purchase and maintain Warker's Compensatian insw�ance wl�ich, i�i
addition to �neetii�g the anini�nuan statutoxy x•equi�•eanents for issuance of such insurance,
has Einployer's Liability Iiinits of at Ieast $100,000 for each accident, $100,000 per each
employee, and a$500,000 policy limit far occupational disease. The City need iiot be
nasned as an "Additional Insured" but the insurer sl�all agcee to Zvaive a(1 rights of
subrogation agaiiist the City, its offieials, a�eiats, employees and volunteers for any r�vork
performed for the City by the Named Insured. For building or c,onsti'UCt1021 pfojects, the
Co��tractox• shall comply with the provisions of Attachment 1 in accordance with
§406.096 of the Texas Labox• Code and x�ule 2$TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
[] O�va�ex•'s aud Contractor's Protective Liability I�isura�xce
The Contractor shall obtain, pay fo�• and �naintain at all ti�nes du�•ing the pzosecution of
tlie wo��k undet� this contract, an Ownez�'s and Contractor's Proteetive Liability insui•ance
palicy naming the City as insured far prope��ty damage and bodily injury which may arise
in the prosecutian af the work or Cantractor's operations unde�• tliis contract. Coverage
sl�all be on an "occuri•ence" basis, and tlte policy shall be issued by the same insurance
company that cacries the Contractor's liability insu�•ance. Policy liinits will be at least
combined Uodily injucy and propei�ky damage per occuiY•ence with a aggeegate.
[X] Pj•ofessianal Liabiiity Ins�rrance
Prof$ssional liability insuraiice with limits not Iess than $1,0OO,�dO pe�• claian with
respect to negligent acts, errars ar amissians in connection with prafessional seivices is
cequired under this Agreement.
[ ] Builders' Risk L�suraaace
Builde�•s' Risk Ynsurance, on an All-Risk form for 100% af the coin�leted value sl�all be
provided. Such palicy shall include as "Named Insured" the City of Denton and all
subcoiitractors as theu• interests may appear.
[ ] Coatln�ez'C1A� CT�iine
Provides coverage foa• the theft or disappearance of cash pr checks, robbery inside/outside
tlie premises, burgiary of the preatiises, and employee fidelity. The e�nployee fidelity
poi�tion af tl�is caverage should be wi�itten on a"blanket" basis to cover a11 employees,
including new hices. This type insucance should be requu�d i£ tlie conkr�ctor has access
to City funds. Limits of not less than aach occurrence are required,
[ ] Addiiional Insurance
Other insurance may be required on an individual basis �or extra hazardous contracts and
specific serviee agree�nents, If such additional insurauce is cequired for a speciiie
contract, that x•equirement will be described in the "Specific Conditions" of the coirtract
speciiications.
Page 13
ATTACHMENT 1
[] Worlcers' Compens�tioia Covex�Rgc fo�• Buadi�ig or Cwlstruction Prvjects fo1•
Govern�nentai Entities
A, Definitions:
Cei�ti�cate of coverage ("certificake")-A cvpy af a certificate of uisurance, a
ceriificate af authority to seif-insui•e issued Uy tlie cotrnnission, ar a caverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
warkers' co�npensation insucauce coverage for the pei•son's o�• entity's employees
pror�iding services on a pi•oject, for tl�e duration of the project.
Duration of the project - ii�cludes the time fi•om the beginning of the work on the
project until ihe coutractor's/pecson's work an the project has been completed ar�d
accepted by the govei�nmental entity.
Persons providing services on the project ("subcontraetor" in §406.096) - includes atl
persons or entities pecfo�•ming all ar pai�t of the services the contractor has
undertaken to perforin on the p�•oject, regardless of whetl�er tl�at person contracted
dii•ectly with tl�e contractar and rega�•dless af whether that person has eanployees.
This includes, witliout limitatian, independent contractors, subcontractors, leasing
companies, inotor ca�•�•ie�•s, owne►•-operatoz•s, e�nplayees of any such entity, or
employees of any entity which furnishes ��ersons to provide secvices on the �roject,
"Services" i�tclude, withaut litnitation, providing, liaulia�g, or delive�•in� eyuipinent or
materials, or providing labor, tcanspoitation, or other seivice reIated to a project.
"Services" does not inciude activities unrelated to the project, such as food/beverage
vendo�•s, office supply de�iveries, and delivery of poi�table toilets.
B, The contractor shall p�•ovide coverage, based on proper repoi�ting of olassification
codes a«d payroll amoui�ts aud filing of any oveca�e agreements, wl�ich meefs tlie
statutoiy requirements of Texas Laboc Code, Sectio�� 401.01 l(44) foi� all employees
of the Contractor providing seivices on the project, for the duraiion ofthe pa�oject.
C. The Contractor must provide a cerkificate of caverage to the governmental enti#y prior
to being awardetl the coi�tract,
D. If tl�e coverage period shown on ihe contractor's current certificate of cove�•age ends
durifzg the duration of tlie project, the contractor must, prior to the end of the
cove�•age period, iile a new ceztificate of caverage with the governmental entsty
showing that cove�•age has been extended.
E. The conh•actor shall obtain, fi•om eacla person providing services on a p�•oject, and
provide to tl�e governrnentai entity:
I} a cex-tificate af eoverage, prior to that pe�•son Ueginning work on the �roject, so the
governmental entity will have on �le certificates of coverage showing coverage
for all p�rsons pravidi�x� se��vices on the project; and
Page 1 �
2) na later thail seven days after receipt by the contractor, a xiew certificate a�
ca�ernge sho�ving exteiision of coverage, if tlae coverage period shown on ihe
current certificate af covera�e ends during ttie du�ation of the project.
F. The contractor shall retain all required certificates of coverage for the duratio�i of the
project and for one yeac thereafter,
G. T�e contractor shall notify the govea•i�tnental entity i�i wciting by certified mail o�•
personal delivery, within 10 days after the contractor laiew or sl�ould have known, of
aiiy change that material(y affects the provision of cove►•age of any person providing
se�viees on the p�•ojeet.
H. The cantractor sl�all posi on each project site a notice, in the text, form and inanner
���esc��ibed by tlie Texas Workers' Correpensation Cammission, iiiforming all pe�•soais
providing services an the project that they are requiced to be covered, and stating how
a person may verify caverage and repoi�t lack oicoverags.
I. The contractor shall contractually require each person witli who�i� it contracts to
provide satvices on a pi•oject, to.
1) provide coverage, Uased on praper repoi�ting of classification codes and payrall
atnaunts and fil'ui� af airy coverage agreemeiits, whicli meets the statutory
rQyuirements of Texas Labo�• Code, Sectiot� 401.011(44) for all of its empl�yees
provid'u�g se�vices on the p►-oject, for the duratian of tlze project;
2} provide to the contractor, prior ta that pe�'son Ueginning work on tl�e p�•oject, a
certificate of covecage showing that coverage is Ueing provided for all employees
of tlte �erson providiYig services on the project, fo�• the du�•atio�� of the project;
3) px•ovide the contraetox•, prior to the eiid of the coverage period, a new certi€ieate of
coverage showing extension of cuverage, if the coverage period sl�own on the
cut�rei�t certificate of coverage ends during tlze duration of the pro ject;
4) abtain fi�o�n each other person witl� whoin it contrac#s, and provide to the
cont�•actoa•;
a) certificate af correrage, prior to tl�e other perso�� beginnsng work on the
project; and
U) a iie�v certificate of coveraga showing extensiox� of coverage, prior to the
end of tlie coverage period, if tlie coverage period shown ot} tlia cuc�•eut
ce�•tificate of coverage ends dui�ing the duration of the project;
5) retain alt requued certificat�s o� coverage on file for the duration of the project
and for one year thei•eafte��;
6) notify the governmentat entity in writing by certx�ed mAi� or pe�•sonal delivery,
withii� ] 0 days after the person knew or should have know�a, of any change that
matez�ially affects the provision of coverage of any person providing services on
the p�•oject; and
Page 15
7} cont�•actually require each person with whoin it contracts, to perfortn �s requir�d
by paragra�hs (1} �(7), witli the ce�•tificates of coverage to be provided to the
person for whom they ace pz•oviding seztiices.
J. By signing this contraet ar providing ax� causing to be px�avided a certificate of
coverage, the contractor is representing to the gove���mental entity that all emplayees
oFthe cantractor who will provide services on the project will Ue covered by �vorkei•s'
compei�satioa� coverage for the duration of the project, that the coverage will be based
on proper repoiting of classification codes and payroll amounis, and tliat all coverage
agreements will be filed wifh the ap�ropriate irtsua'ance carriea or, in fhe case of a self-
insured, with tiie co�nra�ission's Division of Self Insurance Regulation. Providiiig
false or misleading inforination inay subject the contractor to administrative penaities,
criminal penalties, civil �e��alties, or otlier civsl actians,
K, Tha contractor's failure to comply with airy of these provisions is a breach af eontraet
by the conti•actor �vhich entitles tl�e governmental entity to declare the contract void if
tlie co�ttractor does not remeciy tl�e breach within tei� days afte�• receipt of notica of
b�•each fi•om the gavernmental entity.
T'age 16
CONFLlCT OF 1NTEREST QUESTI�NNAIRE FORM CIQ
For vendor or oiher person doing business with local governmental entify
This questionnaire reflecfs changes made to the law by H.S. 1a91, 64th Leg., Regular Session. OFFICE USE oNI.Y
This questionnaire is being filed in accordance with chapter 176 of the l.ocal Government Code by a Dale Received
person wh� has a business relationship as deflned by Section 976.001(1�a) wifh a local
governmental enEity and lhe person meeis requiremenis under Section 176.006(a),
By law this questionnaire must be filed wifh the records administrator of the local governmenf entily
not (ater lhan the 7th business day after the date the person becomes aware of facts that require the
statement to be flled. See Section 976,006, Locai Gavernment Code.
A person comrttiis an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under lhis section is a Class C misdemeanor,
� Name of person who has a buslness relationship with local governmentat entity.
Gc� � �l �i�v«2rkr�a-� Gr��, /� .
�
� Check this box if you are filing an u�date to a previously �illed questionnaire,
(The law requires that you file an updated completed queslionnaire wilh the appropriate Rling authority not laier than lhe 7th business
day after ihe date the origlnal{y filed questionnaire becomes incomplete or inaccurate.)
3 l�Iame of local govei�nment officer with �i�ho�n �ler has an em >lo��me»t ar basiuess relationship.
� �
Name of OHicer
This secfion, (item 3 Including subparts A, B, C& D), musl be completed for each of(icer wilh whom the filer has an employment or olher business
relationshlp as defined by Sectlon 176.001(1-a), Local Governmeni Code. Atlach additional pages to thfs Form CIQ as necessary.
A. Is the local governmenl offlcer named in th(s secllon recelving or Ilkely to receive iaxable income, other than investment income, from ihe
fller of the questionnaire?
. � Yes 0 No ���
B. Is Ihe fiier of ihe queslionnafre receiving or likely lo rece{ve taxable income, other lhan investment income, irom or at fhe direction of the
Iocal government ofiicer named in ihis section AND tha faxable income is not received from fhe local governmenlal entily?
U Yes � No /�/�
C. Is the tiler of this questionnaire employed by a corporalion ar other business entity with respecl to whlch Ihe local government oNicer
serves as an oHicer or director, or holds an ownership of 10 percent or more?
a Yes a No N/r�
D, Describe each affiliation or business relatfonshfp,
b
�l � ����� w,� 3��/l3
gnaiure of person dofng business wilh th governmenlal entity Date
�aoPted os�ssnoo�
� ��.�
�;_ .�_
�=ix �
.. . ��ytii;;.�i+��!.i.��f�r�r�r•�Si?t �XHIBIT �cA»
PURCHAS� ORDCTt rOYt PROr�SSI�NAL S�R.VIC�S
L�AICING P�TR�L�UM STORAG� TANIC llVVESTIGATION & R�P�RTING
312 �AST MCKINNEY STi2��T
DCNTON,T�XAS
This Pui•cl�ase Order constitutes autho►•ization Uy Tl�e City of llentou (othei•�vise referred to as Clie3it) for W&M
��xvironu►ental G�•oup, iitc. (W&M, othe�-wise a�eferi•ed ko as Cousultant) to proceed �viflz inv�stigation and
reparting activities to tl�e Texas Commission on Eiiviromnenkal Quality (1'CEQ) Leaking Peh�oleum Storage Tank
(LPST) division regarding tlie identification of petroleum related com�ounds in the vicinity of tiie liistorical filling
sfation at 312 East McKiruiey Street in Denton, Texas (Site).
Scone of Wo��lf
Tlte property addressed at 312 East McKimtey 5treet previously inaintained'a petroleuin stoi�age tai�k (PS1`a s�s#em
iucluding widerground storage tanlcs (CTSTs), undergrowtd piping, and fuel dispensers. The PST system �vas
�•emoved in 199G. W&M iioted that although soil samples were colleeted dw•u�g tlie xemoval of tl�e PST system,
some coi�stituenis were detected at elevated cancentrafions �nd oNier laboratory detection litnits exceeded curre�it
action levels, No �vater accumulated in the tank pit duriag the UST removal; the�•efore, �rouudwater testing was not
conducted at that time.
During subsequent Pliase TI investigation activities in April 2012, benzene and gasoline-rauge total petroleum
hydrocai'bons (TPH) were detected iu the soil samples collectecJ near fhe former fiiel dispense�•s and underground fuel
�ipeline. Additionally, gasoline-rangeand diesel-range'I'PH,benzene, ethylbenzeue, inethyl tert-bu#yl ethet�
(MTBE}, naphthalene, aud 1,2,4-trimethylbenzene tvere detected iu th� gromidwater at tlie former fiiling statioti.
Tlie release was reported to TCEQ on January 2, 2013 by the City of Denton upon becoming the Site o�vner, Tlie
purpose of tl�e additioiial investigatio�i activities will be fo fu�•ther assess the presence and distributioia of petcolettui
constituents in soil and gcound�vater in the release area and to evaluate tiie stabiiity of the release, Tl�e investigation
will be completed in accvrdance with the teclinical requirements of RG-411 [I»vesligatr�rg a�td Reporti»g Releases
fi•an Pel�•oleunr Slorage Tanks (PS1's)J dated Apri12010, and will uiclude the following tasks;
Additlo»al Investigation
1. Prepare �Iea1t1� & Safety 1'lan, clear puUlic uti(ities and coordivate �vith the properly owner.
2, Drill up to 3 shallow soil borings in tlie vicinity of the elevated conceriirations of cliemic�ls of coucern
detected during the Phase II investigation to confirm thece is no ongoing source of a release.
3. Oversee t.lie install�tioii of 3 deeper soil borings for couversioii int� �ermanent groundwatec• monitoring wells
in and at presu�ned dawn gradient positia�s firotn the;foi•tner PST system, The wells will consist of 2-inch
PVC well soreeus backfilled �vith silica sand aiid completed at gi�acie witl� flusl�-mouiited steel well
completions.
4. Log eaclx of the borings, field screen soil samples wit.l� a pliotoionization detecto�• (PID), aiid coltect samples
for laboratory analysis,
S. Develop, gauge and saraple the monitoriug wells for chemicais of concern,
6. Analyze selected soil attd groundwater samples for the followiiig paraineters:
a, Total Peti•oleum Hydroearbons (TPH} usin� Tex�s Metfiod 1005 — 3 soil, 3 groundwater �
b, BTEX/MTBE Constituents using EPA. Metf�od 8260B or 8021-- 3 soil, 3 gcoundwater
c. PAHs using EPA Method 8270C — 1 soil, 1�roundwater (liiglzest co�icent►�ations of larger carUon
ch�iu Tp�I ranges)
d. Total Dissolved Solids (TDS)— 1 groundwater
T3'&M P�•ojecJ No. 874.019.006
LPSTL�vesligrrtion & Re�a�trng
312 E�rst McKiuitey Street, Deritorr, Texas
e. One duplicate groundwater sample will be selected for analysis of TPH and BTEX/MTBE.
7. Prepare soil L>oring aitd monitaring �vell logs and data tables to su�nmax•ize ►�esults.
Rislt Based �v�h�atioii and Assessment Report Torm
1. Complete a walking receptor survey within 500 feet of tlie Site to evaluate all poEe�itial �•eceptors as requu�ed
by TCEQ, including surf�ce water, vapor a�id �round�vater.
2. Camplete a vapor survey in all subsw•face structures located �vithii� 500 feet of tl�e SiEe.
3. bocun�ei�t locations and deptlis of atl utiliEies proximate Ya #he Site,
4. Develop a local g�•oundwater gr�dienl dieection using Site-specific me�sureme��ts.
5, Provide supporting infoz•rnation to document protectiveizess of lacal surface waters,
G. Coinplete tlie TCEQ Assess�nent Report Form (ARr, TC�Q �orin 05G2) for submittal to the agency
documetiting all investigations aud risk-based evaluations, along with supporting data.
Quarterly Mouitoring
Based upon the coucentcatioxis pt•esent in the site wells, �ve propos� to conduct quarterly groundwate�• inonitoring or
one year to establish pluine staUility,
LPST Closure Requcst aa�cl Misccllaneous Actiou Items
If wa►•�•ant.ed following eompletion of tl�e ARF, W&M wiil submit a Site Closure Rec�uest and siibseyuent Site
Closure Report. As recluired prior to closure, W&M will coordinate tlie citar�cterization, retnoval, and off Site
disposal of investigation derived waste (IDW). �V&M will also obtain the services of a lic�nsed wate�• well driller to
properly pltrg aud abandou ihe g�•oui�dwater moniioruig wells.
Potential Additio��fll Costs
Because tlie Site has not been fuJly evaluated at this tiine, adclitioz�al ►•esponse actions may be required. Potential
additional reqaire�nents to obtain LPST closure may iuclude the removal of a small area of affected soil if a source
area is identified or the cantiuued monitoring of �roundwater if plume stability iias not been attained aftec 12 months,
Terms aud Con�nensatio�t
Work sl�all be performed under the tsrms and conditions set fortlx in a Pc•ofessional Services Agreement between
W&M and the City of Denton. All individual tasks wiil be billed on a not to exeeed basis. The estimated fees for the
described scope of services �a•e outlined Uelow:
*Potential Aclditia:al Cost line iteirrs rnay �tot be ��equi►•ed. No �t�o� k will be billed lo these tc�sks ivitil t/rey
crre delermi�rerl lo be necessaty by tlte TC�Q.
lVBcM PrnjecJ No. 87�4.019. QO4
LPST Investigailort � Reporti�ig
312 L'ast McKrnney St�•eel, Def�tar, Te.�as
Sl�ould tlte cucrent. Site conditions dictate any cl�auge i» the scope of work detailed above, additional investigation
and response actions can be completed at an additional cost, No out of scope work �vill be completed �vitl�out Client
approval.
Clie�rt Re jr�ire��rents
Tl�e Cliet�t is respoiYSibl� for iiie following:
1. Access to the Wa•k Site.
2. Review and signature of the required reporting documeuts.
3. Authoi•izatioi� to submit the report docwneuFs to the TCEQ o�� the Client's behalf.
Scl�ednla
Addilional investigation activities wilt be scheduled upon ree�ipt af a I'i�ccl�ase Oz•der fi�oa�� the City o�Detaton. Tlie
ARF �vill be submitted �vitlii�i 60 days of completion of additional investigation activities.
1�11 repoa•ts wili be sub3nitted to the Glient fo►• revie�v aud si�nature prior to transinittal to tl�e 'I'C�Q, All reporks will
be reviewed a��ct signed by a Corrective Action Prajeet Mat�ager {CAPM) and a Prafessional Geoscientisi (P.G.).
BILLING INFORM.A,TION:
CITY Or D�NTON
Utility & CFP Enguieering
City of De�iton
901-A Texas St�•eet, Seeo�id Floor
Deuto►�, Texas 7b209
YauL�villiatrtson(c)cityofdeuton.con�
Pl�one: (94U} 349-8921
Authorized:
BY:
DATE: 2 f �j
R�MIT PA,XMCN`�' '�`O:
W&M �NVIRONMENT,AL GI20UP, TNC.
906 E, 18'�` Street, Suite 100
P1ano, TX 75074
972-516-0300
PM: Mr. Frank W. C1ark, P.E.
]� clark(�r>,w1���t�.com
Pl�one: (972) 509-961U
Accepted:
BY: � ���- �t.� ��t,.�.0
r
DATE: rebrt�ary 14, 2413
Tf'c�M Projecl No. 874.019.006
4Tf,J
CE���
f�/��..
:,�__:�i!;�>>��=.tr,���t:�;;�;;�.r;;�t �XHII3IT «B»
PURCHAS� O1tDER TOR P�24r+'ESSIONAL S�RVICES
TEXAS RISK R�DUCTI()N 1'I20GRAM IlVVESTIGATION 8c REPORTING
300 EAST MCICINN�Y STR��T
DENTON,T�XAS
Ti�is Purchase Order constitutes authorization by The City af Denton (otherwise referred to as Client) for W&M
�nviroun�eut�l Gro«��, Inc. {W&M, otherwise reFerred to as Consultant) to praceed with tlie uivestigation and
repot�ting acfivities to t�ie Texas Commission on �nviromnental Quali#y (TCEQ} Remediation division regarding tlie
ideutiiieation of arseiiic in tlie soil and grouudwater in the vicinity of #lie historicai auto repair shops and a printing
shop at 300 East McKim�ey Street in Denton, Texas (Site).
Sco��e of Worlc
Auto repair garages operated at 318 E, McKim�ey Street and 319 E. Oak Streat, Uoth part of kl�e cu�•��ea�f Si#e parcel, in
the mid-1900s. The property was also a printing slxop %r a Urief periad. Arseiiic, lead, mercary, and selenium wex•e
detectecl iix the surface soil near the former repair shops at concetiErations exceeding tl�eir proteetive concentration
IeveIs (PCLs) or Texas Specific Backgrouud Concentcations {TSBCs); howeve�•, only arsenic enci iead were found to
be eapable of leacl�ing inio the groundwater. Aiseuic and lead were detected in the initial grouud�vater satnple
collected fi•om �vell MW-Ol, ai�d the eoneentration of acsenie exeeeded the groundwater PCL, Subsec�uent
groundwater samples collected fi•om t.he well continued to �o3�tain arsanic concentratio��s exceeding tlze groundwatar
PCL. No metals �vere detected in the groundwater sample collect�d fi•om tvell MW-02,
An applicatian to enter the Site into t.he TGEQ's Volu�ita�y Cleaiiup Program (VCP) �vas submitted o�i Deeeanber 2l,
2012. Tlie purpose of #Lie addtfional investigation aetivifaes will be t.o furtlae�• assess fhe presence and ciistribution of
arsenic, lead aucUor other uletals in soil and gcou�tdwafer in the �•elease area and to evaluate the sta6i4ity of ihe
release. Tlle investigation �vill be co�npleted in accordauce with the tec�uiicAl requirements of tl�e Teas Risk
Reduetioti Program (TRRI'), and will include the follo�ving tasks:
Additioual Investig�tion
1. Prepare Health & Safety Pian, clear pu�lic utilities and coordinate �vith the pa-operty o�vner,
2. Drill up to 10 shallocv soil borings in and suriouuding tlie areas of inetals impact to delineate ihe vertical and
liorizontal extei�t in tEie soil.
3. Log each oF the boi•ings, field screen soil samples �vitl� a pliotoionization detector (PID), a�id callect sa�nples
for laborakory analysis.
4. Gauge aud sample the existing rnonitoring �vells for chemicals af concern (COCs}.
5. Analyze selected soil and ground�vatei• samples far tl�e following parameters;
a. Arsenic and lead using EPA Method GUl OB
i. If turbidiky readiiigs exceed 10 NTUs during groundwater sampling activities, tlie samples
will be field-filtered and analyzed for dissolved metals.
b, p�I using EPA Method 9045C -- 3 soil
c. Duplicate samples �vill Ue selected far analysis of arse�iic a�id tead.
6. Prepare soil boring logs and daia tables to summarize results.
Affected Pro�erty Assess�uent Repo�•t (APAR)
The purpose of the APAR will Ue to docwnent Site histot•y and all soil and groundwater investigatioi�s at tlie Site,
document tlie cleanup crite��ia, and present tl�e rationale that the ar•eas of eo�icerii at tlie Siie meef tlxe requu•ements for
lf�c�M P��oject No. 874.019.007
TRRP Iit��estrgcrtiotl � Reporli��g
300 L'ast McKrr�rtey Sh•eet, Der�tar�, 7'�.�crs
regulatory closure uudar the TRRP or have been deliiieateci and� are ready for i•esponse actious, Tlie APAR �vill
include tlie following tasks tl�at ha�e not been completed:
1, Docuinent Site-specific cleanup criteria for applicable COCs.
2, Prepare fhe �•equu•ed figures foi• llte APAR, including affected pcopet�ty maps, gealogic maps and eross-
sections, potential receptor inaps, �nd COC ciistribution maps.
3. Document utilities iu the Site area for inclusion oi� appropciate fgw•es.
4. Prepare data tables in the required APAR farmat, including �vater �vell summaty, and soil a�id groundtivater
data suminaries.
5. Complete a Tier 1 Ecotogical Exclusion Ct•iteria Cl�ecklist with supporting inforinatioi�.
6. Pre�are and submit tiie APAR document to the VCP,
VCP Certi$cate of Com��letion and Miscellai�eous Action Items
If tlte Site is screened fi•om response actions tluougli tlie risk-based assessment in tlie AI'AR, W&M tvill �•equest that
the TCEQ issue a VCP Ce�•tiFicate of Completian, Prioa• to closu��e, W&M will coor<linate the cl�aracte�•ization,
removal, and aff-Site disposa] af izivestigation derived �vaste (IDW). W&M will also obtain the seivices afa
licensed water �vell driller t.a properly plug and abandon tlie gcoundwater �nonitoriug �velfs.
VCP Project Ma�tagement
W&M will bi�dget far prvject mai�agenient tiine fot• cora•espoudei�ce �vith fhe TCEQ sud Client regarding the status of
tlie f1PAR ovei• tlie estimated time period to aclueve alosui•e, Montlily TCEQ status reports will be rec�uired, per the
�CF Agreement Uehveen Client and TCEQ.
Potential ,A,dditional Casts — M�naicipal Setting Designaiion
If arsenic in t�e groundwater does not decrease to below the applicable PCLs, a Municipal Setting Designation
(MSD) inay Ue utilized to eliminate the gcoundwate�• ingestion patlnvay and Hierefore tlie need for groundtvate►•
respoiase aefions.
The MSD p�•ocess involves providing information to the City ofDenton anct TCEQ to demonstrate tliat there is no
pofable use of groundwater ut the Site vicinity, aiid therefore Ehat cleanup of groundwatec to drinking water standards
or other ingestio�i patli�vays is not a•equired. O�ice au MSD is approved, tl�is i�ifar�nation will be used to justify
alteri�ate cleanup standards for the COCs in order to move the property to regulatory closure,
The specific tasks requirecl fo obtait� at� MSD fi�om tlie City of Denton aud TCEQ, and subinit the tecluiical
documents required for t.he VCP, are briefly sunvnarized Uelow.
• Crty nf Derlton MSD I� for�rtatiort
1. Develop site maps identifyi�ig tl�e MSD property, contaminant sources arxd extet�t, 501] Allt� �1•ound�vater satnpling
locations, aiid ground�vatec flow direction.
2. Contract for a water well se�reh �vithin a 5-mile radius to identify water wells, retail public utilities and public
clri��king �vatet• systems.
3. Contract for a i�aetes and botinds description witl� pla# inap sealed by a Registe��ed Professional Land Surveyor,
and a co�y of the deed(s) for the lots to be iucluded 'ui t13e MSD (the "MSD survey"). A legal description and
suivey of tlie property to receive the VCP cerfificate will also Ue required (this su�•vey diffeis fi�om the "MSD
sucvey").
4. Provide tlie property deeds docutne�iting that tlte Applicaiit lias the autliority to rest�•ict ground�vate�• at tlie Sit.e.
S. Pei•fo�•en a S0�-foot walking receptor survey to ideaitify potetatial unregistered tivelis i�i tiie Site area.
G. Assess and document potcntial compie#e exposui•e patlyways, receptors a�id inedia char�cteristies for each COC
tvithin the ianpacted ground�vater.
'�, Develop tables suitunarizing tlie analytical results and appropriate TCEQ PCLs.
If'&111 Fi oject No. 874. U19A07
TRRP Lrvestigalio�t cPc Reportirig
300 L+'ast McKittitey Sf1•eel, Deftto�a, T�.r�rs
$. Assemble coinplete copies oi die Uuiversai Develop�neiit Application and MSD supporting docwfientatiou for
submittal to the City, Provide additioi�ai copies as requireci by Client.
9. A$5,000 filing fee to the City of Dentoti is required. Adc{itional costs fot• tlie puUlic notifications aud mailiaigs
will also be billed hy the City of Detrton.
• G'ity Liaisor�lPriblrc Meetirrg/City Cauncil Hearing
1. Atte�id an applicaiion meeting as required by die City of Denton.
2. Respond to any c�uestions or deficiencies identiiied in the Ciiy's revie�v of the MSD Application.
3. Prepare a draft �iotice lette►� aiid au eIectronic list of �vell ownei�s, retail public utilities, inuvicipalities or othe►•s as
requi�•ed by the Texas Health & Safety Code (City j�espot�sible,for irtaili�ig/posti�rg �rotifications),
4. Posk a sigiz on the propet•ty wifh tlie publie 3neeting infor►nation,
5. Develop supporting inforiiiation, exluvits aud presentation material for use at the public meeting or City Council
hearing,
6. Meet �vitli Client and/or Client's le�al counsel ta disouss the st.rategy for the public meetiug a�id City Couucil
hearing. CNote: Clie�rt n�ay tii�ish lo obl.ai�r legrrl cotrrtsel fof• i•eview of tlze MSD appltc«lio�t �r��d attett�lartce at llre
ptrb/rc meeti�lg attr! Ciry Cotr►�cil l7ear�i�a� W&M's x�a� k order does not incJt�de legal fees.J
7, A registered Professional &igineer or Geoseientist familiac �vith tlie MSD applicatio�� will attend fhe public
ineeting and City Council liearing to answer c�uestions regarding tlie applicatian.
8. Provide additional suppoz�ting i�fformation as necessary based upon tlte coanttients in tl�e ineetiiig/hearing.
• TC�Q Applicatio�:
1. �repare the TCEQ MSD Application Torm �nd $ I,000 TCEQ MSD Application fee.
2. Send out ac�ditional cea�tified notices to water well owi�ers as required in TC&Q's �iotice rules.
3. Provide suppoj•ting documentation as required for submittal of the TCEQ MSD Application,
Potca�tial Additional Costs -- Soil Respo�ise Actions
Because the Site has not bee« fu11y evaluakeci at this time, addit'tonal response actions may be required. Poiential
additional requiremenis to obiain TRRI' closuce may include the removal of � stn�ll area af affected soil if a source
a�•ea is identified.
Terms Rnd Com��isatio�i
Work sl�all be �erforined uiider tl�e terms aiid conditxons set forth in a Professional S�rvicES Agreement bet�veen
W&M and the City of Dento�i. AlI individual tasks �vilt be billed o�i a itot to exceed basis. Tl�e estimated fees far the
described scope of services ai'B 011kilfl�(� �OIO�V:
*Poterrlial Additiarral Cost lirre items r�tay rio! be 1•eqirired. No tir•o�k yvill be billed to tltese tasks u»trl titey
are dete�•1rti�red to be necessa►y by llte TC�Q.
Should the current Sike conditiaiis dict�te atry cl�ange iu the scope of work detailed above, adciitional investigation
and response actions can Ue com�letecl at an additional eost. NO QUi Of SC0�.16 �VOl•k �vill ba coinpleted �vithout Client
approval.
13'8cM Projec! No. 874.OJ9.007
TRIZPI��vestrgatiorr �'clte��a•ti�rg
300 Enst McKin�tey Sli•eet, De�itor�, T���s
Client Reqrrtre►�1er�fs
The Client is �•esponsible for tl�e fallowiug:
1. Aceess ta tlxe Work Sife.
2. Review and sig��atui•e of the rec�uu•ed cepoa•ting doeume�its.
3. Authorization to submit tlie report docuinents to the TCEQ on tlie Ciient's behalf.
Sciiedule
Additional investigation activities will be scheduled upon receipt of a Purchase Ocder from ihe City af Denton, The
APAR �vill be submitfed �vithin 60 days of completion of additiot�al invesligation activiiies, uiiless ii is detei•mined
tUat an MSD is first required to restrict tl�e use of ground�vater.
Ali reports �vill be submitted to the Clieut for revietv and signature prioi� to tralismittai to the TCEQ. All reports wili
Ue revie��ed aud signed by a Pa•ofessional Geoscievtist (P.G.}.
BILLING INI+ORMATION:
CITY OF D�NTON
Utility & CIP �ngineeriiig
City of Denton .
9Q1-A Tex�s Street, Second Floor
Denton, Texas 76209
I'aul.�iTilliatnson(t),cityofdentan.com
Plione: (94a) 349-8921
Authorized:
BY:
DATE; � Z I
R�MIT PAYMENT TO;
W&M ENVIRQNM�NTAL GROUP, INC,
906 �. 18'�` Street, Suite 100
Plano, TX 75074
972-516-0300
PM: Mr. �'raiilc W. Clark, P.E.
��olark(c��vh-m.co�n
Phone: (972) 509-9611
Accep#ed:
BY: '���� --,'�r�. �r.J��c�t�_
DATE: Febru�ry 14, 2013
i3'cCrMProject No. 87q.019,007
'4�°RO� CERTIFICATE OF LIABILITY INSURANCE 3/15/2013YY�
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 CONTACT JdII2 COlE
NAME:
Glenn-Madden & Associates Ins. Agency Inc. PHONE .(g72)233-9761 aC No: (972)233-9769
15770 N. Dallas Parkway #730 AooR�ess:Jcole@glenn-maddeninsurance.com
Dallas , Texas 75248 INSURER S AFFORDING COVERAGE NAIC #
INSURED
W& M Environmental Group Inc.
906 18th Street Suite 100
Plano, Texas 75074
INSURER
nWestchester Sur lus Lines Ins. 10172
B;Hartford Underwriters Ins. Co. 30104
cMerchants National Insurance Co 12775
o;Travelers Indem. Ins.o£ America 5666
E:
COVERAGES CERTIFICATE NUMBER:12/13 Renewal REVISION NUMBER:
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 S BR POLICY EFF POLICY EXP LIMITS
LTR POLICY NUMBER MMlDDJYYYY MMIDDlYYYY
j� GENERAL LIABILITY 22076029 007 9�19/2012 9/19/2013 EACH OCCURRENCE $ $� ��� � �00
X COMMERCIAL GENERAL LIABILITY lanket Waiver of DAMAGE TO RENTED 50 000
PREMISES Ea occurrence $ r
CLAIMS-MA�E � OCCUR Subroqation / Defense MED EXP (Any one person) $ $� ���
X P011ution Liability utside the Limit Up to PERSONAL&ADVINJURY $ 5r0�����0
(Each Pollution Claim) $1,000,000 on Contractors GENERALAGGREGATE $ 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: Pollution - On & Off PRODUCTS - COMPIOP AGG $ rJ � OOO � OOO
X POLICY PRO- LOC 3ite �
$ AUTOMOBILELIABILITY 46iTECTW6551 12/10/201212/10/2013 EeaocideDtSINGLELIMIT 1 000 000
x ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accidenl) $
AUTOS AUTOS
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS Per accident
Uninsured motoristcombined $ 1 000 000
C UMBRELLA LIAB X OCCUR XL0000049 12/10/2012 12/10/2013 EACH OCCURRENCE $ 9� OOO � OOO
g EXCESS LIAB CLAIMS-MADE ollow Form Applies to AGGREGATE $ 9, 000, 000
DED RETENTION usiness Auto & EL $
D WORKERSCOMPENSATION IHUB-3103T71-4-12 4/1/2012 4/1/2013 x WCSTATU- OTH-
AND EMPLOYERS' LIABILITY Y� N E
OFFICEWMEIMBER EXCLUDED7 ECUTIVE � N/ A E.L. EACH ACCIDENT $ 1 OOO OOO
(Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ ], �00 ���
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 OOO OOO
A Professional Liability 22076024 007 9/14/2012 9/19/2013 ClaimsEcpenseLimitForEach $����,0�0
Claims Made Form On /Off site ci;aimsAggregale 5,000,000
DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Additional Insured Requirement as per the General Liability Endorsements ENV-3100 (06-04) and
Automobile Liability Endorsement HA99 16 07 06 which includes a blanket automatic additional insured
endorsement provision that provides additional insured status to the certificate holder only when there
is a written contract between the named insured and certificate holder that requires such status.
Blanket Waiver of Subrogation as per General Liability Endorsement #ENV-3143 03-05 as per Business
Automobile Endorsement HA99 16 07 06, and as per Workers Compensation Endorsement #WC 42 03 04A 001.
General Liability - Primary & Non-Contributory Coverage as per Endorsement ENV-3101 OB-04.
7
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Cit.jT of Denton, Texas ItS Off].Cidl P�CCORDANCE WITH THE POLICY PROVISIONS.
Agents, Employees & Volunteers
George Campbell , City Manager Al1THORIZED REPRESENTATIVE
215 East McKinney Street
McKinney, TX 76201 �o
Rickie Glenn/CJC ��-� -� �4C�
ACORD 25 (2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved.
INSD2.ri r�mnnFi n� Thn A!_AR11 n�mn �nrl Innn �rn rnni�4arnrl mer4c nf Af:f11]Il
�-
�
Inaert the pdicy nilmber. 7he remaindar af Iho InPofmAklpn Is to bo co11'iplCtod 4n�y When �hlg endprsement ia iaeued auha6qudrYt Cp d�e preparotion aFlho policy.
iW15 �NDORSEMENT CHANCiES THE Pt]LICY. p��AS� F�EAq IT �AREFULLY.
WAIVL�R OF TRANSFER O� R!C#HTS 4F RL�G4VERY' A�`-+A1NST OTHERS TQ US
This endarsern�nt modities insuran�e providad under th� �ollowing:
�DIVIM�FtCIA� GENERAl. LIA�11.iTY GOVERA�� f'ART
�ONTRACTORS POLLUTION LIA6fLITY COV�RAG� F'ART
SCN�DUL�
a e Dr anfzafion;
Arry person �r organfzatian that is an �wner oP rea) property or personal properry an whlch yau are
perfarming aperatiflns, �r a contraator on whQSe behalf you are perfQrming operations, and aniy �t the
spacific written request vE such person ar organization 4o you, wherein suoh r�que�t is made prior to
cammencement oF op�ratlons.
pf no Entry appears above, ini�armation required ta �omplete this endorsementwill be shown in the Oeclarations as
applicable ta thls endorsem�nt.)
The 71�►N�FPR €iF RIG�ITS OF RECOVERY AQAINST aTHERS TO �IS Condition is amended by khe
�ddf�on of the fallowing'
We waive any right af recavery we may have �gainst the person ar organization shown in the Sohedul� above
because oF payrrients we make far in}ury or damage �rising out of your ongoing op�ratians or your work done
under a contract wlth that persan or ar�anlxatlon and E�cfudad in the products�campie#ed aperations i�a�ard,
This walver applies only to the p�rson Qr organizatlon shown in the Schedule aboVe,
All otner terma ahd conditiorrs r�.main the same.
�NV-3'Ik3 (43•a5) Ineludes copyrfghted material of Insurence 8a�vices q�ice, Inc. Wikh Its permission Pego i 4f 1
IVQTIC� TO C37'M�l�S END�R�EML�N7'
7Hl5 �NI]DRS�IVI�NT CHANGES THE P4L�GY. P�.EASE READ !T CAREFULLY. ,
-rr�r� �n��a�s��n��ar nno�iF«s ir��u�►r�c� ��o�np�o unr��a r�� �o�.RO►n+iN�:
�I�tSi NAMED INSU�t�G'S 12�PRES�NTATIV�
�lame af frst Named Insured's r$preserrtaEive:
J�rie Col�
jcole�glenn-maeldeninsu rance. �om
Glenn-Madd�n & Associates Ins. Agency fno.
�3601 Pre�tort RoadSuite#1QGE
l�al las, Texas 7�240
972.233.9761 - T�i�pho�e # 972.233,9769 - �'�x #
A. Fdr purpas�� of thfs endorsam�ryt, the fallov+ring definition is �dded:
Cer�rt►cate Holder Schedule — A list bf pers�r�s or ar�ganizations requesting 3� day notice of cancell�tion bF this
Poliey that iS cre�ted 6y and Rtairrt�ined by the first N�med Insured or the first 1V�med InsulCed's repres�n�ativ�,
B. We w�ll only be responsible �Por sending writter� notice of cancellatlnn to fhe First Nanned Insured and t�e first Named
Insurerl's r�pr�sentafiive identified al�ve. Thls natioe will ba se�t at least 35 days prior to the cancellaiion ciate
.appficable to the PC�IICy. In turn, it will be the sole responslbflity of the iirst Named In�r�r�d's represenkafive to send
na#ice ta the persons pr Drgaflizr�tlOtiB listed ir, the'Ger#i�icaGe HQlder Schedule �t least 30 days priar to the
car�cellatiort date applicable tn the Policy. , .
G. !f we cancel thrls Policy priar ta its expiration d�i� �ry notic� to the frst Named Insqred for any �e�son other than
nonpayment oP premium, we v�ill �Iso s�nd written ha#i�e of cancellation to th� flrsf Nart�ed tnsured's representativ�
to �n�bfe such r�presentative to se�d�notice to such p�rsons or ar�aniaaticns in the Certificate Holder Schedule
.upon receipt a� written notice of canc�llafion from us. This notice ta persons or organizations iisted in #he Cer#�ca�te
Halder Scheduie will be the sole respdn�ibility of ihe frst Name� Irrsur�d's representatrve, separate from and in
addrtloh ta our not�ce ta the first Nam��l Insu��d, the flrsf Named Insured�s representative ahd any other �arty to
wham we are required to n�tify by atafiute or in acoard�rice with thE cancellatian provisi4ns of the F'alloy,
D. VS/e wil! not recsive dr maint�in a copy Qf the Certific��e Halder Schedule. Sole responsib��it}r for the accuracy and
corr�etr��ss of ir�farmatian i� any Cet#iflcate Halcler Schedule lies ex�luaively wlth the first Named insured o� the
flrst iV�,m�d f�nsured's repraserrtative.
E. The notice to p�rsons �r or�an(��tions lisfied in the CerEificate Wafder 9chedute referen�ed in this �ndbrsement and
. pravided by the frst Narr►�d I►�sured's repr�s�ntafiive is intended only fio be a courtesy natiffca�ion to th� per�on(s) �r
argani�atiot�(s) named In #he Ce�ific�e Halder Schedufe in the even� of caneellation af ooversge. W� have no legal
abligatian af any kind to ar�y such p�rson(s) or aryanization(s), The failur� ta provide �dv�nc� notifoation af
�NV-��35 (0911'!) Coarriyht2071 � P�ge "I Of2
canc�lfatian to the persor+(sj or organfzatlon(S) Ilsted in the ��e��ficate Woitl�t' �ch0dule will impose no pblic�atior� or
flabiflty o� any kind upon the insw'�ryCB aornpany, its �gettts and represeritafives, and WII! nat ex��hd any �'olicy
c�noell�tior� date andfor negafe any cancellatlon �f ihe Policy.
F. This e�tdor5ement doe� nofi apply ii, the �veni that �h� first �d�med Insured canoels #he Policy or in the event of
cancellation far nanpayment of �rwmium.
All other terms ancl conditions of this Policy remain unchanged.
�NV-3235 �09f11) Copyri5ht2D1! � Pr��� � Q�2
COMMERCIAL AUTOMOBILE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other
provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legally incorporated subsidiary in
which you own more than 50% of the
voting stock on the effective date of the
Coverage Form. However, the Named
Insured does not include any subsidiary
that is an "insured" under any other
automobile policy or would be an
"insured" under such a policy but for its
termination or the exhaustion of its Limit
of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership, joint venture
or limited liability company
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
B. Employees as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The OTHER INSURANCE Condition is amended
by adding the following:
If an "employee's" personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance will
be primary to the "employee's" personal
insurance.
Form HA 9916 07 06 Page 1 of 3
O 2006, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.)
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE
COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" to any hired
"auto" is:
(1) $50,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss"
caused by fire or lightning. Hired Auto Physical
Damage coverage is excess over any other
collectible insurance. Subject to the above limit,
deductible and excess provisions, we will
provide coverage equal to the broadest
coverage applicable to any covered "auto" you
own.
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
5. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provided
a limit of $50 per day and a maximum limit of
$1,000.
6. LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, if a long-term leased "auto" is a
covered "auto" and the lessor is named in the
policy as a Loss Payee, we will pay in the event
of a total "loss" your additional legal obligation to
the lessor for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the lease.
"Outstanding balance" means the amount you
owe on the lease at the time of "loss" less any
amounts representing taxes; overdue payments;
penalties, interest or charges resulting from
overdue payments; additional mileage charges;
excess wear and tear charges; lease termination
fees.
7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to:
a. Equipment designed solely for the
reproduction of sound and accessories used
with such equipment, provided such
equipment is permanently installed in the
covered "auto" at the time of the "loss" or
such equipment is removable from a
housing unit which is permanently installed
in the covered "auto" at the time of the
"loss", and such equipment is designed to
be solely operated by use of the power from
the "auto's" electrical system, in or upon the
covered "auto"; or
b. Electronic equipment that is necessary for
the normal operation of the covered "auto"
or the monitoring of the covered "auto's"
operating system; or
c. Electronic equipment that is an integral part
of the same unit housing any sound
reproducing equipment described in
Paragraph a. above and permanently
installed in the opening of the dash or
console of the covered "auto" normally used
by the manufacturer for installation of a
radio.
Form HA 99 16 07 06 Page 2 of 3
d. Any other electronic equipment that receives
or transmits audio, visual or data signals if
such equipment:
(1) is permanently installed in a covered
"auto" at the time of the "loss' ; and
(2) is designed to be solely operated by use
of the power from the "auto's" electrical
system, in or upon the covered "auto";
and
(3) was initially installed or is a replacement
of equipment that was initially installed
by the auto manufacturer or dealer
before the covered "auto" was delivered
to the original purchaser; and
(4) the value of the equipment was included
in the retail cost the original purchaser
paid for the covered "auto".
9. EXTRA EXPENSE - BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accidenY', the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
13. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY - of
SECTION IV - BUSINESS AUTO CONDITIONS is
replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a"suit," the "suiY' is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies except
as follows:
The requirement in LOSS CONDITIONS 2.a. - If we cancel for any reason other than
DUTIES IN THE EVENT OF ACCIDENT, nonpayment of premium, we will mail or deliver
CLAIM, SUIT OR LOSS - of SECTION IV - to the first Named Insured written notice of
BUSINESS AUTO CONDITIONS that you must cancellation at least 60 days before the effective
notify us of an "accidenY' applies only when the date of cancellation.
"accidenY' is known to:
(1) You, if you are an individual;
Form HA 9916 07 06 Page 3 of 3
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ONE 7�WE1i S4UAE�E
iIARTFdRa, CT OGiB3
W�RK�FiS CDIVIPEN5AT10N
ANb
�IVIPL.OY�RS LlA81l.17'Y POLICY
END�FiSEM�N7 WC 42 03 04 ( A) � 001
PC7�ICY N'UMB�R; ( IAU8�3� 03T7i T4-12 )
TEXA� �IIIAIV�R OF Q�1R RlGHT T0 �i��QVER FRaM (JTWERS
�NDOF�SEMENT
This endorsement applies only to #he insuranoe provided by the policy b�cause Texas is shawn in Item 3.A. of the
Informatiorr Page.
W+e have the right to reco�er our p�yments fram anyone iiable for an injury cavered by this policy_ V41� will not
enfnrce our right against the person or arganization nartled in the Schedule, but this waiver appli�s anly with
resp��t to hodily in jury ar�sing out of fh� oparatior�s described in the Schedule v�here you are required hy a written
co ntract #o vbtaln #his waiv�r from us.
Th is endorsement sh�ll not operate direc#ly or indirectly ta benefit anyane not nsrned In the 5chedule,
Th e premium �or thi� �ndarsemen# is shawn )r► the Sch�dule.
Schedule
'�. ❑ Specific Waiver
Name of p�rson or org�nization
�X Bl�nket W�iver
Ar�y person �r arganization for whom the Named Insured has agreed by written contra�t ta furr�ish this
waiver.
ANY PERSpN pR ORGANYZATION FOR wwrcH TH� IhlSURER HA$ AGRE�D P,Y
WRIT7�N CONTRACT EXECUTED RRTO� TC1 LOSS TO FURNISH THIS WAYVER
2. �perations�
ALL TEXAS OI�ERAT�QNS .
3. Premium;
The premium charg� f�r #his endarsement shall be 2 percent of the premium develaped dn payroll in
connection with work perfarmed for the abave person(s) or organization(s) arising out of th� aperations
descrihe.
4. Advance Premium: � SEE ScHEDULE
'� �'
W& M Envlronmental Graup, lnc,
Palicy Syrppol Pollcy Nurnher
�Pw �22a7soz4 00�
Westchest�r Surplus Llnes Insurance Company
09/14l2fl12 tp O�J1412D13
,�
Endorsument Number
Q9114/20'12
THi� ��ooRs�nn�NT CHANG�S THE POLICY, PLEASE REAQ IT CAREFULLY.
ADDITIONAL INSURED HNDORS�M�IJ7 - OWNER5, ��55��3 O� CONTRACTORS
(PFtIMAI�Y ANb NON-CONTRIgUTDRYj
This endorsement modl�es insurance provided under-the following:
CQMM�RCIAL GENERAL LIABILITY �aVERAGE
CONTRACT(�R'S PC7LLUTII]N LIABILITI' COVERAGE
SCHEDULE:
NamQ of Person or Ora�nization; Any person dr organizatFan thet Is an owner of real praperty ar personal property on
which yoU are p�rForming operati�ns, or a�ontractor an whose behalf you are pertorming operations, end only at the
speclflc wrltCen request of such person ar organization to yau, wherein such request is made prior to commencement of
operatians.
(If no entry appears abave, iniormatian required to camplete ihis enclarsement will be shown in the Declarations as
applicable ta this endarsement.}
SECTIC]N II , WHO IS pN INSURED is amended to include;
A. SECTION II - WHO 15 rAN INSURED is amended to include as an insured the person or organization shown in
th� 8chedule, but only with rospsGtio liability arising out of yvur ongoing operations performed forthat insured.
B, With respeet to the insurance affprd�d tp ihese addilianal insur�ds, the fallawin� exclusian is added;
2. Exolusions
This insurance does not apply to hodily injury or property damage occurring afit�r:
(1) All wprk, including rn�terials, par�s or equipment furnished in connection with such work, on the proJ�ct
(othsr- than service, mainlenanc� or repairs) to be performed by ar on behalf of lhe add+tional insured(s)
al Ehe site of the covered operations has been completed; or
(2) Ti1al poltioh of your Work out of Whiah the injury or damage arises has heen put to its Intended use by
any persan br organ+zation other than another eantractor or subcont�actor engaged jn pe�forming
operations for a principel ss a part of fhe sam� project,
C, The �QVerage pravided hereunder shall be primary and no# caniributing with any nth�r insur�nce available to
those designated above under any ather third parly liabillty palicy.
ENV-39o� (o8-oa) Includes copyrlgh#�d malorlal af Insurance Servlces Office, Inc. with its permis�ion Page 1 of 1
InBert tne polloy number. The r�mnlnder of u�e �s►orm�ilon Isla be compleled only whan thla endoi-eam�nt Is fsaued subsequent ta the prepars�lart erthe poticy.
7HIS EN�ORSEMENT GNANC�ES TME PDLICY. PL�AS� ��4b 17' CARE�I�LLY.
ADDIT!(�NAI, INSUR�C1 �ModFiS�MENT
OWN�R5, I,�SS��S OR CdNi12AC'iCll2S —SCH�nUL�D PERSON OR DRGANI�A'T10N
Thls endorsement m�di@�s insur�hc� provid�d und�r tho'fr�llowing:
COMMERCIAL G�N�RAL LIABILITY Ca11�RAG�
CONTRACTOR'S POLLUTI(7N LIA6ILITY �OV�RAG�
SCHEDULE:
f R n nlxa I n�
Mny person ar orgaRlzatlon that Is an owner af re�l property Qr pa��nal praperty on w�ich yau are
p�rForming aperatlor+s, or a cantractor oR whose behalf you are pertorn'dng operations, and only at #he
speci�ic wrlkten request of suah person or ur�anizatian to yau, wharein such reqaest is �madQ prPor fQ
cornm�ncem�nt ni' ap�ratfons.
(lf r�a eritiy appears abov�, in%rmafian required to complete this �ndorsement will be shown in fhe declarations
as aAplicable to this er�dorsemer�t.)
A. �SECTION II � WHO IS AN INSUR�� is amended fa includ� as an Insured the persan or organlzatlan
shown in the Schmdula, but only with respec# ia liability arisfng out o'F your angc�ing operatlons
p�rformed for fhat insured. ,
8. Wlth respect ta tMe insurance afforded fo these additional insureds, the follnwing exc[uslon is added;
2, �x�i�sians
This fnsurance daes not apply to bodily injury or prope►ty damage accurrin� after
(7) AI! wark, lncludin� m�t�rials, parts or equlpment #urnished in cor�nectfon with such
work, on the project (other than service, maintenance or repairs) ta b� performed by Qr
Orl behalf of #h� addlt�anal insur�d(�) a# the site di the covareol operations has been
eompleted; or
(2) 7hat portion af y�ur work out af whfch th� lnJury or dam�ge arises has been put to its
intended use by any per$on or organlz�tlon other #ha� anather cantractar ar
subcantractor eng�ged in perfarming operetiar�s for a princlp�l a$ a p�rt af the same
projec#.
�NV-3100 (48-Q4) InGludes CopyYlghted maferial of Insurance 5ervices OHiCe, InC. wlth Ils permission Page 1 ef 9