....-. Jim Pierce From: ron.bowlin@wgint.com Sent: Friday, October 04, 2002 8:35 AM To: jpierce@ci.addison.tx.us Subject: RE: Invoice No. 1069680 Jim, There will be another one for $5165.
That will take the total invoiced for this work order to $48,005. A scope of work savings of $6195. Ron. -----original Message----From: jpierce@ci.addison.tx.us [mailto:jpierce@ci.addison.tx.usj
Sent: Friday, October 04, 2002 8:30 AM To: ron.bowlin@wgint.com Cc: macevedo@ci.addison.tx.us Subject: Invoice No. 1069680 Ron: Invoice is for $42,840. Is the work complete or will there
be another invoice? Thanks, Jim Pierce, P.E. Assistant Public Works Director Town of Addison, TX 972-450-2879 1 
" WashingtonImlasttitllII'tDcess October 1, 2002 Mr. James C. Pierce, P.E. Assistant Director of Public Works Town of Addison PO Box 9010 Addison, Texas 75001-9010 Re: Final Report Phase
II Environmental Site Assessment Addison Airport Fuel Farm Town of Addison, Texas Dear Mr. Pierce; Enclosed with this transmittal are two copies of the Washington Group International
(WGI) Final Phase II Environmental Site Assessment for the Fuel Farm area at the Town of Addison (Town) general aviation airport. This completes the scope of work approved by the Town
for this study. We have also enclosed one complete copy of the soil vapor survey report. At the request of Mr. Mark Acevedo, this transmittal emphases tha immediate item of concem for
closure of the site and the remaining budget status. The soils and groundwater in fuel farm area are contaminated with low levels of petroleum hydrocarbons. Contamination has been caused
by releases to the surface and possibly the subsurface from overfilling and leaking lines and/or tanks. The soil vapor study indicates that the contaminated soils are currently undergoing
biodegradation of the hydrocarbon compounds. Natural attenuation is therefore a very viable option for treating the soil contamination. The Town can close the site using the current
Petroleum Storage Tank (PST) Division closure guidance until September 2003. At thet time, all closures will be transferred from the PST to the Texas Risk Reduction Program (TRRP). Mitigation
of reoccurring releases will be the deciding factor on whether closure remains under the PST as a "grandfathered" site or is moved to the TRRP, after that date. If releases from current
operating practices continue to occur after September 2003. the Town may not be able to close the site under PST guidance. Although the TRRP will be a very flexible program, the documentation
and verification for a natural attenuation scenario will require considerable additional study. The majority of this cost will be incurred because greater definition of the 9433 KirbyOJive,
Houston, TX 77054 • P.O. Box 1281, Houstr:>n, TX 77251-1281 Phon.: (713) 852-3000 • Fox: (713) :lS3-9149 • OMW.wgintalm 
Mr. James C. Pierce October 1, 2002 Page 2 extent of contamination to the soil and groundwater will be required under TRRP, which is not required under the PST guidance. Groundwater
has also been affected. The detected analytes are less than the PST target levels that would require corrective action. One analyte was identified, 2methylnaphthalene, is not part of
the PST guidance and does not affect closure. Under TRRP this analyte would affect closure and additional investigation to define the extent of groundwater contamination could be required.
This would involve the installation of numerous monitoring wells and analytical testing over an undecided time period. The primary concern is to mitigate continued releases to the soil.
As long as releases from current operational practices continue, PST closure will not be allowed and TRRP requirements will be implemented. It is in the Town's best interest to close
this site as soon as practicable and stop releases by any means necessary. Because of a change in the field conditions, it was not necessary to complete the entire scope of work as proposed;
therefore, WGI believes that some of the lump sum price should be "rebated" back to the Town. This will occur by reducing the final invoice by the amount discussed in this letter. The
Town authorized the scope of work for Tasks 5 through 7 for a lump sum price of $54,200. Conditions changed through the course of the study, whereby some items were not necessary. Although
the project was approved as a lump sum, WGI feels that fulfillment of the entire scope of work is what warranted our approved price. Items not necessary to complete are bulleted below.
• Four monitoring wells were scoped for installation. Only one borehole encountered water adequate for well installation. One additional boring was drilled to evaluate conditions for
a well but a well was not supported. The scope was reduced the equivalent of two monitoring wells. • Although additional samples were collected to define the extent of soil contamination,
groundwater samples were reduced because of the reduced scope of monitoring wells. Analysis was reduced by three sample sets (BTEX, TPH). • No survey was conducted since only one well
was installed. Although it will be necessary to survey this location later for closure requirements, it was decided that the survey costs would provide better data for the day of mobilization
when addition information can be collected. • Because the project was bid and approved as a lump sum project, a contingency was added to the final submitted price. This is a standard
policy for lump sum jobs. Had the scope of work required some additional data a small fee would have been 
Mr. James C. Pierce October 1, 2002 PageS available without going to the Town for additional monies. Since the scope of work was able to be reduced by the field engineer, WGI feels this
contingency should be returned to the Town. This rebated price is based on the precedent that WGI wants to continue to provide valued services for the Town of Addison. WGI believes that
to become a true partner in providing services to and for the Town, revenue should be made honestly. This will result in a change of our lump sum price to $48,005; saving the Town an
amount of $6195. This will be shown on our final invoice as a cost saving to the Town. The Town's next step is to submit a copy of this report to the PST Division of the Texas Commission
on Environmental Quality (TCEQ) with a Release Determination Report (RDR). The PST will then decide whether to issue a LPST number for the site. If the PST does not issue a number, then
no further action will be required; each subsequent release from the FBO's will be handled individually ... until TRRP comes into affect. As discussed above, even if PST does not issue
a LPST number, if releases continue to occur after TRRP takes effect the entire site could be open for reevaluation and study. I have an additional copy of the report prepared for when
the Town is ready to submit. Our scope of work did not include completing a RDR or a letter of submittal to the TCEQ. Since there is the additional rebated money from the change of scope,
please advise if you would like WGI to generate these under a change in the current scope of work. Sincerely, WASHINGTON GROUP INTERNATIONAL Ronald A Bowlin, CPG Project Manager 
Washington Group IntI. File # 96167 Collection Center Drive Chicago, IL 60693 ADDISON (Town of), TX 16801 Westgrove Road Addison, TX 75001-5190 ATTN: Mr. Jim Pierce Washington Group
Inttl. Inc JOB NO. 25361 DATE 16-Sep-02 INVOICE NO. 1069680 INQUIRIES 713-852-3019 . TO INSURE PROPER CREDIT SEND YOUR REMITTANCE TO FILE # 96167, COLLECTION CENTER DRIVE, CHICAGO, IL
60693 FOR WIRE TRANSFER TO BANK OF AMERICA ABA #121000358 FOR CREDIT TO WGI ACCOUNT NO. 1233007378 PERIOD -JULY 25 through SEPTEMBER 12, 2002 SERVICES RENDERED DURING THE ABOVE PERIOD
IN CONNECTION WITH TASKS 5 TO 7 FOR PHASE 2 ENVIRONMENTAL SITE ASSESSMENT, ADDISON AIRPORT FUEL FARM PROFESSIONAL SERVICES $42,840.00 EXPENSES $0.00 $42,840.00TOTAL Budget: $54,200.00
This Invoice: $42840.00 Remaining: $11360.00 
Jim Pierce From: paul.wild@wgint.com Sent: Tuesday, June 04, 2002 7:12 AM To: Alex Ramsay; Anne Veigel; Bandicoot Environmental Consulting; Bob Ferrell; Bob Hayden; Booker Brown; Bruce
Ehleringer; Call Phoebe; CHARLES R CRYER; Chris Sappington; Daniel. E. Egging@Exxonmobil. Com; Darei Neuzil; David B Richmond; David_Pearee@staubach. com; Dirk Schmidhofer; EMVan44@aol.
com; Gary. Baughman@Wgint. Com; Ian J Hodgson; James Gay; Jerome Swift; Joe C Watt; John D Ott; Jon Levett; Jpierce@Ci. Addison. Tx. Us; Keith Hammons; Ken Collier; Laura Fiffick; Macevedo@Ci.
Addison. Tx. Us; Mark S Mc Kain; Maureen. Shea@Wgint. Com; Michael Cybulski; Michael. J. Scott@Exxonmobil. Com; Mike Barrasso; Mike Munsil; MotherOak@aol. com; Nancyhastings@Hotmail.
Com (Nancy Hastings); Neal. Greeley@Wgint. Com; Ned Merchant; NELSOEA@kellyservices. com; OECC@aol. com; Paul A Ireland; Robert J Angel; Ron Bowlin; Samuel G Lundgren; Seth Weisberg;
stephanD2 @aol. com; Stephen Z Masoomian; Steve. Dennis@Wgint. Com; Todd Vlasak; Travis Tunstall; Ulrich. Cordon@Wgint. Com; deborah.l.raught@exxonmobil.com; Art Radcliffe; Barry. N.
Chamberlain@Exxonmobil. Com; Bill Emmons; Clark. R. Hull@Exxonmobil. Com; Dave Ronkainen; Joel. Dickinson@Exxonmobii. Com; Ken Lovejoy; Lev. D. Zuskov@Exxonmobil. Com; Randall. A. Glick@Exxonmobii.
Com Subject: Resignation I have resigned from Washington Group International, effective June 14, 2002. Please forward all inquiries, project issues, or operational concerns to Larry
Wisham @713-852-3035 or Ron Bowlin @713-852-3030. Should anyone have questions or need information about projects or operational concerns after 6/14, I will be willing to assist and
can be reached at 713-722-7064 beginning 6/17. Paul Wild 713-852-3035 1 
Public Works I Engineering 16801 Westgrove. P.O. Box 9010 Addison, Texas 75001 DATE h-3--o 􀁾􀀠IJOB NO. ATTENTION RE: Telephone: (9721 450·2871 • Fax: 19721 45()'2837 I 0 GENTLEMAN:
WE ARE SENDING YOU 􀁾􀁴􀁴􀁡􀁣􀁨􀁥􀁤􀀠o Under separate cover via ______ the following items: o Shop Drawings o Prints o Plans 0 Samples 0 Specifications o Copy of letter o Change order
0 _________________________ COPIES DATE NO. DESCRIPTION /"! 7 <" -􀁾􀁤􀀢􀁁􀁴􀁊􀀠􀀨􀀧􀁾􀀠.-. fA iJ/...; 'hf.-tL. : 00 7 I THESE ARE TRANSMITTED as cheeked below: o For approval o Approved
as submitted o Resubmit ____copies for approval fr/For your use o Approved as noted o Submit copies for distribution o As requested o Returned for corrections o Return corrected prints
o For review and comment 0 _________________________ o FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS -fMi-C1 N-#Jn-<-1/􀁾􀁾􀀮􀀺􀀧􀀠COPYTO __________________________________
SIGNED: 􀁾􀀿􀀺􀁴􀁾􀁚􀀲􀁾􀁾􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀺􀀬􀀬􀀧􀀽􀀭􀀭􀀭􀀭􀀭􀀭If enclosures are not as noted, please n tit 
•􀁩􀁴􀁾􀀠I"U 1 i c ' c.U .."" 
________________________________________________ _ DATE 􀁓􀀭􀀯􀁾􀀭􀁯􀁊􀀭JOB NO ATTENTfON RE, TO 􀀭􀀭􀀭􀁲􀀭􀀮􀀭􀀭􀁾􀀭􀀭􀁾􀀭􀀭􀁾􀁾􀁲􀀭􀀭􀀭􀀭􀀭􀀭􀀭GENTLEMAN: WE ARE SENDING YOU p(Attached
D Under separate caver via ___________ the fallawing items: D Shap Drawings D Prints D Plans D Samples D Specificatians D________________D Capy af letter D Change arder COPIES DATE NO.
DESCRIPTION 􀀨􀁕􀀩􀁾􀀠d)( WOf't:.. for 72r r;k-s S"-7 d/Lj'---<-o1I ,4--' 9 01 J 􀀮􀁾􀀠/',7:;J1t$.-fAA .. j<:. ""-U I I V THESE ARE TRANSMITTED as checked below: D Far appraval D Approved
as submitted D Resubmit _______ capies far approval 􀁾􀁡􀁲yaur use t As requested D Approved as nated D Returned far carrectians D Submit D Return capies far distributian carrected prints
D Far review and camment D D FOR BIDS DUE ___________________ 19__ D PRINTS RETURNED AFTER LOAN TO US If enclosures are not as noted, pleas 
JIM PIERCE, P.E. Assistant Public Works Director (972) 450·2879 (972) 450·2837 FAX jpierce@ci.addison.tx.ns Town of Addison 16801 Westgrove Dr. P.O. Box 9010, Addison. Texas 75001-9010
",--:, -'''''.'';'.-,'. ,. " ". .. /' ," -. -"," \ " . .. . 
• 
/1' '7-o ( CitrtoV'e4kyf3.e.b L(}'l;;t:frnv.::J During the work, Washington shall maintain the following insurance: (a) Workers Compensation insurance at statutory limits, including
Employers' Liability coverage at minimum limits of $1,000,000 each-occurrence each-accidentl$I,OOO,OOO by disease each-occurrence/$I,OOO,OOO by disease aggregate. (b) Commercial general
liability insurance, including broad form contractual coverage, for bodily injury, death and property damage, and particularly for liability arising from premises, operations independent
contractors, products/completed operations, personal injury, advertising injury, and contractual liability (including, without limitation, the liability assumed under the indemnity provisions
of this Agreement) in the following amount: $1,000,000 eachoccurrence, CSLI$2,000,000 general aggregate; $1,000,000 Products/Completed Operations aggregate. Ifsuch CGL insurance contains
a general aggregate limit, it shall apply separately to the work under this Agreement. Provided, however, that if the Addison Airport commercial general liability insurance currently
in place for the benefit of Washington Staubach Addison Airport Venture (as the manager and operator of the Addison Airport) specifically insures Washington for its liability under this
Agreement, then such insurance may be accepted by the Town ofAddison in lieu ofthe separate commercial general liability insurance described above. (c) Commercial Automobile Liability
insurance at minimum combined single limits of $1,000,000 per-occurrence for bodily injury and property damage, including owned, nonowned and hired car coverage. (d)(e) Professional
liability Insurance to protect from liability anstng out of the performance of professional services under this contract. Such coverage shall be in the sum of not less than Two Million
and NolI 00 Dollars ($2,000,000.00), and shall be extended to include and cover environmental legal liability. The environmental legal liability insurance to include coverage for third-party
bodily injury and property damage (on and off-site). The environmental. legal liability insurance shall also include clean-up, remediation, restoration costs, and other related costs
and expenses. Both the professional and the environmental legal liability insurances shall be continuously in place during the full term of this Agreement, including any extensions or
renewals thereof, and fur a period of at least two (2) years after final termination of this Agreement Ifthis coverage is claims-made, the policy relro date shall be set and maintained
not later than the inception date of this Agreement. Separate policies may be maintained for professional liability and environmental legal liability in the event they carmot be combined
in one policy. The above policies shall be endorsed to provide the following, as applicable: (i) in all liability policies, name as additional insureds the Town of Addison, Texas, and
its officials, officers, agents, and employees, (Ii) shall contain deductibles and exclusions acceptable to the City; (iii) in all liability policies, provide that such policies are
primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of activities conducted hereunder, and that insurance applies separately
to each insured against whom a claim is made or 
suit is brought; and (iv) a waiver of subrogation in favor of the Town of Addison, Texas must be included in aU liability and workers compensation policies. All insurance policies shall
be issued by an insurance company with an AM. Best's rating of not less than A-authorized to do business in Texas and satisfactory to the Town of Addison, Texas and in the standard form
approved by the Texas Department of Insurance, and shall be endorsed to provide for at least 30 days advance written notice to the Town of Addison of a material change in, cancellation,
or non-renewal of a policy. Certificates of insurance, satisfactory to the Town of Addison, evidencing all coverage above, shall be furnished to the Town of Addison prior to the inception
date of this Agreement, with complete copies of policies furnished to the Town of Addison upon request The Town of Addison reserves the right to review and revise from time to time the
types ofinsurance and limits ofliability required herein. 
Jim Pierce From: Sent: To: Cc: Subject: HILL, JOHN [jhill@cowiesthompson.com] Tuesday, December 04,200110:33 AM 'rwlgroup@rwlgroup.com' 'jpierce@cLaddison.tx.us'; DIPPEL, KEN FW: Town
of Addison Request for OCP Policy Ivy.glf Bob--Below is an e-mail which I am forwarding to you in connection with a proposed agreement between the Town of Addison and Washington Group.
Under the agreement, Washington will be performing a phase II environmental test at the Addison Airport fuel farm and surrounding area. I believe that Jim Pierce with the Town Public
Works office has preViously visited with you about this matter and the insurance that should be required of Washington. The Town has previously told Washington that it would need to
provide: (i) insurance as set forth in the North Central Texas Council of Governments standard (paragraph 1.26 of the Standard Specifications for Public Works Construction -I will forward
to you a faxed copy of those standards which I have previously received from Jim Pierce), (ii) professional liability insurance with limits of liability of at least $1,000,000, and (iii)
pollution liability insurance with limits of liability of at least $1,000,000. In accordance with those requirements, I have drafted the following language ____ to be included in the
contract: "During the work, Washington shall maintain at its sole cost and expense insurance as set forth and described in Item 1.26 (as hereafter amended) of the Standard Specifications
for Public Works Construction, North Central Texas Council of Governments, a true and copy of which Item is attached hereto as Exhibit Pt and incorporated herein. For purposes of this
contract, the said-rtem 1.26 is amended by amending paragraph 1.26.1 by adding new subparagraphs (d) and (e) relating to the provision of professional liability insurance and pollution
liability insurance, to read as follows: (d) professional Liability Insurance to protect from liability arising out of the performance of professional services under this contract. Such
coverage shall be in the sum of not less than One Million and No/100 Dollars ($1,000,000.00); and (e) pollution liability insurance to include coverage for 1 
third-party bodily injury and _ Jperty damage (on and off-site) .ith a limit of $1,000,000 per claim. The pollution liability insurance shall also include clean-up, remediation, restoration
costs, and other related costs and expenses. This insurance shall be continuously in place during the full teDm of this Agreement, including any extensions or renewals thereof, and for
a period of at least one year after final termination of this Agreement. IT I would appreciate your expedited review and comment regarding this language, and your comment on the e-mail
from Washington below. Thanks for your help. John -----Original Message----From: amy.fedena@wgint.com [mailto:amy.fedena@wgint.com] Sent: Monday, December 03, 2001 2:31 PM To: jhill@cowlesthompson.co
m Cc: charles.nash@wgint.com Subject: Town of Addison Request for OCP Policy Dear Mr. Hill: I understand that an Owner Contractor Protective (OCP) insurance policy was required for work
proposed by Washington Group International at Addison Airport. An OCP policy is a separate, stand-alone policy or an endorsement to a liability policy that names the client (Addison)
as insured for claims arising out of the contractor's (Washington's) negligence on the project. A synonym for this coverage is independent contractors I insurance. In the hardening insurance
market, OCP policies can be much more difficult to obtain than they used to be, with increased premium costs. Since coverage for Independent Contractors is provided under Washington's
General Liability policy, and since Washington is prepared to name Addison as additional insured on its General Liability policy as required by the RFP, it is our opinion that OCP coverage
would be redundant on this project. The additional insured endorsement would provide coverage under Washington's policy to Addison, for claims arising out of Washington's negligence.
Please do not hesitate to contact me or Charlie Nash should you have further questions. Thanks and regards, Amy Fedena, AIM 2 
Jim Pierce From: ron.bowlin@wgint.com Sent: Monday, December 03, 20014:15 PM To: jpierce@ci.addison.tx.u5 Cc: Paul Wild Subject: Contract Jim, As a follow up to the voice mails I left
you today, our contract person, Charles Nash, has informed us that the Terms and Conditions requested by the Town of Addison have been accepted. He has more than likely spoken with your
contract attorney, John Hill, on the matter. This will allow for the item to make the deadline for inclusion on the Town agenda for December 11We look forward to working with the Town
on this project. Ron Bowlin Washington Group International 281.529.8671 (Wk) 832.465.5996 (Cell) 1 
Jim Pierce From: HILL, JOHN Uhill@cowlesthompson.coml Sent: Monday, December 03,2001 3:07 PM To: 'jpierce@ci.addison.tx.us' Cc: DIPPEL. KEN Subject: FW: Town of Addison Request for OCP
Policy lvy,gif Jim--attached is the e-mail I received just now from Washington regarding insurance. -----Original Message----From: amy.fedena@wgint.com [mai1to:amy.fedena@wgint.com]
Sent: Monday, December 03, 2001 2:31 PM To: jhill@cowlesthompson.com Cc: charles.nash@wgint.com Subject: Town of Addison Request for OCP Policy Dear Mr. Hill: I understand that an Owner
Contractor Protective (OCP) insurance policy was required for work proposed by Washington Group International at Addison Airport. An OCP policy is a separate, stand-alone policy or an
endorsement to a liability policy that names the client (Addison) as insured for claims arising out of the contractor's (Washington's) negligence on the project. A synonym for this coverage
is independent contractors' insurance. In the hardening insurance market, OCP policies can be much more difficult to obtain than they used to be, with increased premium costs. Since
coverage for Independent Contractors is provided under Washington's General Liability policy, and since Washington is prepared to name Addison as additional insured on its General Liability
policy as required by the RFP, it is our opinion that OCP coverage would be redundant on this project. The additional insured endorsement would provide coverage under Washington's policy
to Addison, for claims arising out of Washington's negligence. Please do not hesitate to contact me or Charlie Nash should you have further questions. Thanks and regards, Amy Fedena,
AIM Assistant Risk Management Specialist Washington Group International Inc. 510 Carnegie Center Princeton, NJ 06540 (609) 720-3019 phone 1 
DATE SUBMITTED: November 16, 2001 FOR COUNCIL MEETING: November 27,2001 Council Agenda Item: _____ SUMMARY: This Item is to award a contract to conduct a Phase II Environmental Assessment
of the Addison Airport Fuel Farm. FINANCIAL IMPACT: Funds Available: $85,000 1t Cost: $119,§QQ 􀁾􀁉􀁊􀀠?dO Funding Source: Airport Fund BACKGROUND: The Airport Phase I Environmental
Assessment Update ofthe Airport that was completed in August 200 I by Camp, Dresser and McKee, recommended that a Phase II Environmental Assessment be performed on the Airport Fuel Farm.
The purpose ofa Phase II is to determine the extent of soil and groundwater contamination, if any, as a result ofoperations at the fuel farm. The Town solicited statements ofqualifications
from interested firms, and received ten responses. The Town evaluated the responses and selected Washington Group International to submit a proposal to do the work. '];h., T,;",,,, reqllestcd
that Washilig!eli flEeflftFe tRaiT !'lEaflessl t9 include. all oftbe likely acti"itillS tRat Hla.;,' 98 foil'lllirsQ 'Nitll tlle GlJrFeat Imtlwleage we have abo!!t the fuel ..t'aat!.
A copy of Washington's proposal is attached. RECOMMENDATION: Staffrecommends that the City Manager be authorize to contract with Washington Group International for Tasks 1 throughlJaad
Taski',for amount of$42,600, as well as !lie o-I,-Y'appropriate 􀁰􀁯􀁲􀁾􀁔􀁡􀁳􀁫􀁳'*, 􀀵􀁾􀀶􀀬􀀠Il, fllt8 If, as 8ppl e ;'ee 􀁥􀁾􀀧􀀠BMfif, for a total amount not to exceed lila 9Hagelea
eHIf'Jtlllt sUSS,BSG. All subject to approval ofthe Work Authorization Terms by the City Attorney. OJ!, 81)% . 􀁾􀀠_ {f'V'.fZ.􀀭􀁦􀀭􀁾w-J 􀁾􀀠
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Jim Pierce From: Sent: To: Cc: Subject: Chris Teny Thursday, November 15, 2001 10:33 AM Ron Whitehead Jim Pierce; Mark Acevedo PHASE 2 ENVIRONMENTAL ASSESSMENT NEGOTIATION STATUS Ron,
I am concerned that we may not be able to negotiate an acceptable scope and fee for Washington's (Wash.) bid on the Phase 2. I have visited with Jim Pierce again this morning regarding
Wash.'s response to Jim's letter of Nov. 5 requesting scope revisions. The good news is, they've agreed to all the changes we (Jim, John H. and I) suggested. The bad news is, the fee
has exploded well beyond what we have budgeted. We have $75,000 available and Wash.'s proposed fee is $125,000 which is outrageous! You may recall that earlier, COM told Jim P. that
a thorough Phase 2 should be able to be completed for approximately $40,000 -$50,000. Remember COM did not bid on this because their staff that performs these functions are no longer
with the organization and they were left with inadequate staff to perform the engagement. Here is how we are proceeding. I have asked Jim to visit with Bruce Ehly at TXOOT to inquire
as to what a ballperk fee should be for a good Phase 2. Jim is continuing to negotiate the price without damaging the integrity of the work to the extent possible. Jim, Mark and I are
meeting again tomorrow to review where we are in terms of available funds and the final negotiated scope. We will go over all this with you on Monday at our 10:15 CIP meeting. Monday
at 10:00 is the deadline for Council agenda items on the Nov. 27 meeting. So, if we are comfortable with the scope and fee we will go forward with a recommendation that authorizes certain
elements of the scope (Elements 1-3 totaling roughly $33,000) but also allows staff to authorize additional work that may be needed not to exceed $75,000. I know this is a weird way
to do it, but it may be the only way to move forward on the Nov. 27 meeting. Option two is to miss the Nov. 27 Council meeting, work a little more with Wash. and if we don't get satisfied
with scope and fees reject them and move to the next bidder which is a local firm called IT that Jim P. is familiar with. Option three is to increase the budget, but I am not convinced
that a thorough Phase 2 could not be done that meets all our needs for $50,000 which is within budget and besides, the Airport Fund is fairly tight given all the projects we are interested
in pursuing. I know this is a lot, but I wanted to put things into context for you before we meet on Monday. Chris 1 
PUBUC WORKS DEPARTMENT (972) 450-2871 Pos' Office Box 9010 Addi..,.. To... 75001·9010 16801 Wesrgrove October 29, 2001 Mr. Paul R Wild Manager ofEnvironmental Services Washington Group
International, Inc. P.O. Box 1281 Houston, TX 77251-1281 Re: Addison Airport Proposed Scope ofWork for Fuel Farm Phase II Environmental Assessment Dear Mr. Wild: We have reviewed the
above referenced scope ofwork document dated September 10, 2001 and our comments are as follows: I. No health and safety plan included 2. Determination ofextent ofcontamination (the
goal ofthis assessment) is to be described by area only. No depth ofcontanIination. 3. No confirming soil or groundwater samples included. 4. Too many change order possibilities. We
do not want to have to deal with change orders. Include likely work in the scope. 5. The only utilities the Town can locate are our waterand sewer lines. We do not know where other lines or tanks are. 6. All work shall meet TNRCC "standards" for Phase II investigations 7. Technical Approach should read ... "The objective
will be to establish an understanding ofenvironmental .... Under Task 2, information is being gathered that "will affect the execution ofany future tank management program" and in "preparation
for later field investigation and construction activities". These statements are out ofscope. Scope should focus on determining the extent of contamination. 8. Under Price, 1., change
Town to Washington. 2. The Town can't do this. 3. Don't like the "protracted negotiations or meetings" language.. 5. Another reference to us not getting extent ofcontamination without
additional costs. 9. Our attorney, John Hill has made separate comments on the Work Authorization Terms, which are attached. Please disregard his coverage comments (first part of 4(a))on
insurance. We require insurance as recommended by NCTCOG, which I have also attached. In addition, we need $lM Professional Liability Coverage and $IM Pollution Liability Coverage, or,
if put together in a package, $2M coverage. 
Mr. Paul Wild October 29,2001 Page 2 Please revise your proposal accordingly and call ifyou have any questions. Very truly yours, Town of Addison s C. Pierce, Jr., P. istant Public Works
Director cc: Chris Terry, Assistant City Manager Michael E. Murphy, P.E., Director ofPublic Works Enclosures 
Item 1.24.3. Payment or special shuring, if any, shall be b on the square feet of shoring used. e CONTRACTOR for himself or any' f his subcontractors shall pay all ind 'lrench safety
such as trench shields and sho' g systems will he likewise certified by profe . onal engineers registered in the State of Texas or by a profess' al engineer registered in the state ofmanufact
of the shield. t.24A. PAYMENT FOR TRENCH SAF Payment for trench safety shall he the lineal feet of trench exceeding a depth Ive (5) ft. Excavation for sl back methods shall he subsidi
to the trenph safety pay item including repla ment and recompaction. Ex cavation for other trench saf methods is also subsidiary to the trench saf y pay item. Costs relating to preparation
of the trench safe plan including gentechnical inVestigation, esting and repon preparation jj s are all subsidiary to the pay it for trench safety. Should trench safety res be required
during contra rformance where no pay item h been provided, then the CONTRACTOR sh Immediately notify the OWNER , if directed to do so, provide tren safety under the provisions of Item
1.37. . andlor 1.38. Should the OWNER '1 to authorize the work as provide orin 1.37.3. and 1.38., then 􀁾􀁥CONTRA R shall proceed under the proviso ns ofItems 1.39, and lAO. Trench ety
requirements ate mandatoty and not he waived. 1.24.5. PAY ENTFOR SPECIAL SHORING tedness which may become due to any performance of this contract, It shall be the responsibility of each
pers ,firm or corporation claiming to have ished labor, materials or both. in connection wid! this contract, to p t his or its interest in the manner pres 'bed by applicable laws of
the State of Texas, provided, however, that this contract provides for a public work roject. no lien of any kind shall ever exist or he placed against the wo or any portion thereof,
or any public fu s or retainage held by the OWNER; and any subcontactor shall look so to the CONTRACTOR and the payment b d surety. and not the OWNER, for payment of any outstanding
amoun due for labor, materials or any other in btedness in connection with the work. However, the OWNER may, any time prior to making final payment, uire the CONTRACTOR to furnish a
Consent of Surety to any pa)'lllf! due the CONTRACTOR for completed work d may, at the discretion of the OWNER or the request of the Surety, e the check jointly payable to the CO R and
the Surety. ITEM 1.26. INSURANCE 1.26.1. CONTRACTOR'S INSURANCE Without limiting any of the otber obligations or liabilities of the CONTRACTOR, during the term of the contract the CONTRACTOR
and each subcontractor at their own expense shall purchase and maintain the herein stipulated minimum insurance with companies duly approved to do business in the State of Texas and
satisfactory to the OWNER. Cenificates of each policy shall he delivered to the OWNER hefore any work is Slatted. along with a written statement from the issuing company stating that
said policy shall not he canceled, nourcnewed or materially changed without 30 days advance written notice being given to the OWNER, except when the policy is being canceled for nonpayment
of premium, in which case 10 days advance written notice is required. Prior to the effective date of cancellation. the CONTRACTOR must deliver to the OWNER a replacement certificate
of insurance or proof of reinstatement. A model Certificate of Insurance is illustrated in Appendix A.2. Coverage shall he of the following types and not 􀁉􀁾􀁳􀀠than the specified amounts:
(a) workers' compensation as required by Texas law, with tbe policy endorsed to provide a waiver of subrogation as to the OWNER; employer's liability insurance of not less than $100,000
for each accident. $100,000 disease -each employee, $500,000 disease-policy limit. (b) commercial general liability insurance, including independent contractor's liability. completed
operations and contractual liability, covering, but not limited to, the liability assumed under the indemnification provisions of this contract, fully insuring CONTRACTOR'S (or subcontractor's)
liability for injury to or death of OWNER'S employees and third panies, extended to include personal injury liability coverage with damage to property of third panies. with minimum limits
as set fonh bclow: JANUARY 1998 C • ( "22 
GENERAL PROVISIONS Item 1.26.1. General' Aggregate $1,000,000 Products Components/Operations AI!:e:rel?:ate $1,000,000 Personal and Advertising Injury $ 600,000 Each Occurrence $ 600,000
Fire Damal?:e (anyone fire) $ 50,000 Medical Expense (anyone person) $ 5,000 The policy shall include coverage extended to apply to completed operations, asbestos hazards (if this project
involves work with asbestos) and XCU (explosion. collapse and underground) hazards. The completed operations coverage must be maintained for a minimum of one year after final completion
and acceptance of the work, with evidence of same filed with OWNER. (c) comprehensive automobile and truck liability insurance, covering owned, hired and non-owned vehicles, with a combined
bodily injury and property damage minimum limit of $600,000 per occurrence; or separate limits of $250,000 for bodily injury (per person), $500,000 for bodily injury (per accident) and
$100,000 for property damage. Such insurance shall include coverage for loading and unloading hazards. 1.26.2. OWNER'S PROTECTIVE LIABILITY INSURANCE CONiRACI'OR shall obtain, pay for
and maintain at all times during the prosecution of the work under this contract an OWNER'S protective liability insurance policy naming the OWNER and the Engineer as insureds for property
damage and bodily injury, which may arise in the prosecution of the work or CONiRACI'OR'S operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall
be issued by the same insurance company that carries the CONiRACI'OR'S liability insurance with a combined bodily injury and property damage minimum limit of $600,000 per occurrence
and $1,000,000 aggregate. 1.26.3. "UMBRELLA" LIABILITY INSURANCE If required by OWNER, CONiRACTOR shall obtain, pay for and maintain umbrella liability insurance during the contract
term, insuring CONiRACI'OR for an amount of not less than $1,000,000 per occurrence combined limit for bodily injury and property damage that follows form and applies in excess of the
primary liability coverages required hereinabove. The policy shall provide "drop down" coverage where underlying primary insurance coverage limits are insufficient or exhausted. OWNER
and Engineer shall be named as additional insureds. 1.26.4. RAILROAD PROTECTIVE INSURANCE When required in the Special Provisions, CONiRACI'OR shall obtain, maintain and present evidence
of railroad protective insurance (RPI). The policy shall be in the name of the railroad company having jurisdiction over the rightof-way involved. The minimum limit of coverage shan
meet the specifications provided by the railroad company. The OWNER shall specify the amount of RPI necessary. 1.26.5. POLICY ENDORSEMENTS AND SPECIAL CONDITIONS (a) Each insurance policy
to be furnished by CONiRACI'OR shall include the following conditions by endorsement to the policy: (I) each policy shall name the OWNER as an additional insured as to all applicable
coverage; (2) each policy shall require that 30 days prior to the cancetJation, non renewal or any material change in coverage, a notice thereof shall be given to OWNER by certified
mail. If the policy is canceled for nonpayment of premium, only 10 days written notice to OWNER is required; (3) the term "OWNER" shall include all authorities, boards, bureaus, commissions,
divisions, departments and offices of the OWNER and individual members, employees and agents thereof in their official capacities andlor while acting on behalf of the OWNER; (4) the
policy phrase "other insurance" shall not apply to the OWNER where the OWNER is an, additional insured on the policy; and 23 
Item 1.26.5 GENERAL PROVISIONS (5) all provisions of the contract concerning liability, duty and standard of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within applicable policies. (b) Insurance furnished by the CONTRACTOR shall be in accordance with the following
requirements: (I) any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled
by the CON1RACTOR. The OWNER'S decision thereon shall be final; (2) all policies are to be written through companies duly licensed to transact that class of insurance in the State ofTexas;
and (3) all liability policies required herein shall be written with an "occurrence" basis coverage trigger. (c) CON1RACTOR agrees to the following: (1) CON1RACTOR hereby waives subrogation
rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against the OWNER, it being the intention that the insurance
policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies; (2) companies issuing the insurance policies and CON1RACTOR shall have
no recourse against the OWNER for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibility and risk of the CON1RACTOR;
(3) apprvval, disapproval or failure to act by the OWNER regarding any insurance supplied by the CONTRACTOR (or any subcontractors) shall not relieve the CON1RACTOR of full responsibility
or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate the
CONTRACTOR from liability; and (4) no special payments shall be made for any insurance that the CON1RACTOR and subcontractors are required to carry; all are included in the contract
price and the contract unit prices. Any of such insurance policies required under this section may be written in combination with any of the others, where legally permitted, but none
of the specified limits may be lowered thereby. cITEM 1.27. MATERIALS AND WO ANSHIPi WARRANTIES A GUARANTEES Unless otherwise expressly provo ed in the contract drawings 0 pecifications,
the work shall be perfonned in accordance with the best modem p tice with materials and wor anship of the highest quality and suitable for their purpose. The OWNER shall ju e and determine
the CON1RA OR'S compliance with these requirements. 1.27.1. "OR EQUAL" USE Whenever a mate' or article required is specifi or shown on the plans, by using the name of a proprie product
or of a particul manufacturer or vendor, anx aterial or article which the Engineer determines shall erfonn adequately the dies imposed by the general ign or which the Engineer deems
to be of similar ap ance (in cases where app ance is of importance) sha be considered equal and satisfactory, provided the rial or article so propose IS of equal substance and fu tion.
Authorization for any substitution of materials 0 icles must be obtained ythe CON1RACTOR from the ngineer before proceeding with such substitution. hould an authorized substit on require
redesign of a portion of the work or alterati s to the plans or specific IOns in order for the materi or articles which are to be substituted to properly fit or.·n other ways to be satisfactory,
the Engineer shall acc plish such redesigns and alterations. The CON1RACTO shall bear all reasonable costs associated with redesign aalteration efforts perfonned by the Engineer. 1.27.2.
MATERIALS A EQUIPMENT The CON1RACTOR all be free to secure the approved materials, equipme and articles from sources of his own selection. Howev ,if the OWNER finds that the work shall
be delayed or aversely affected in any way because a selected source supply cannot furnish a uniform product in sufficient uantity and at the time required and a suitable source does
xist, or the product is not suitable for the work, the NER shall have the right to require the original source of upply changed by the CONTRACTOR. The CON1RA R shall have no claim for
extra cost or damage because 0 this requirement. JANUARY 1998 L 24 
WORK AUTHORIZATION TERMS 1. The work shall be as described in the Washington Group International, Inc. ("Washington") proposed Scope ofWork referenced on the face hereof. 2. Unless otherwise
agreed in writing, Client shalI pay Washington for the work on the basis described in Washington's Scope of Work. Payment shall be due llIlOII the allal eomllletioll of all of the work
within thirty (30) days of invoice. Payment not received within such time period will be subject to interest of 1% per month for the unpaid balance. 3. Confidentiality obligations related
to the work, if any, shall be as set forth m such confidentiality agreements as may be concluded between the parties. 4. (a) During the work, Washington shall maintain the following
insurance: Statutory $100,000 $500,000 Combined Single Limit Per Occurrence and in the aggregate $500,000 Combined Single Limit Per Occurrence and in the aggregate Coverage Worker's'.'lockmall's
Compensation covering all assigned employees (applicable for all states except those where State funded coverage is required). Employer's Liability Commercial Comprehensive Liability
Bodily Injury (including Property Damage Automobile Liability Bodily Injury (including General death) and death) and Property Damage, including owned, nonowned and hired car coverage
The above policies shall be endorsed to provide the following. as applicable: (i) in all liability policies, name the Town of Addison. Texas as an additional insured: (ii) in all liability
policies. provide that such policies are primary insurance to any other insurance available to the additional insureds' with respect to any claims arising out of activities conducted
hereunder, and that insurance applies separately to each insured against whom claim is made or suit is brought: and (iii) a waiver of subrogation in favor of the Town of Addison, Texas,
its officials, officers. agents, and employees must be included in all such policies. All insurance poliCies shall be issued by an insurance company with an A.M. Best's rating of not
less than A-and authorized to do business in Texas and in the standard form approved by the Texas Department of Insurance. and shall be endorsed to provide for at least 30 days advance
written notice to the Town of Addison, Texas of a material change in or cancellation of a policy. Certificates of insurance. satismctory to 􀁾􀀱􀁩􀀻􀁭􀁬􀀴􀀳􀀠
the City, evidencing all coverage above, shall be furnished to the City prior to the performance of any work by Washington. with complete copies of policies furnished to the City upon
reguest. (b) Washington shall defend and indemnify the Town of Addison, Texas, its officials, officers. employees and agents (together, for purposes ofthis section, the "City") against,
and hold the City harmless from, any and all liability, actiQns, causes of action. lawsuits, judgments, claims, damages, costs or fees, including attorney's fees and costs of defense,
for personal injury, property damage or destruction (including without limitation loss of use of property not otherwise physically injured), breachQf contract. or other harm for which
recovery of damages is sought suffered by any person or organization that may arise out of any negligent. grossly negligent. or willful act or omission ofWashington, its officers, employees,
contractors or agents under this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement,In any e'J'eHt, the liability of Washillgtell,
its affiliates and/or their empleyees and/ef agents rer less andler damage to preperty eF injury OF death to persons ether than ernpleyees of Washingtofl and/oF its affiliates 61lHsed
by 'Nashington andf.er any of its employees in eOlllleetioEl with ef as a result of the work shall be limited te any amouRts Feeovered fFem the iElsuranee set forth abeve and Cliellt
agrees to iIldem:lify and held harmless Washillgtell aEld its affiliates and their ernpleyees and agents agaiHSt any eest, loss ef damage ill e*eess ef the ameuRts reeevered fFem StleI!
insl:lfanee, Client ffirther agrees that 'NashiHgteR, its affiliates andier their effijlieyees 􀁡􀁮􀁤􀁬􀁾􀁲􀀠agants sl!a!l, iII any event, have He liability whatsoever (i) rer loss andler
damage to property or illjury er death te persens other than empleyees ef 'Nashingten eF its affiliates ....'hleh eeGtlrs mere than eRe (1) year after JNashiHgtoll's GOffijlletioR of
the werk and/er (ij) arisiag fFOffi polletioo Of e&virenmeRtal impairmeHt whiel! may oeeur dering eORstruetiell; eefllfllissiomag, start tiP, eperatien arIEl/or maiRtenanee ef any faeilities
and ClieRt shall held hamlless, defeHd and illdem;lifj' '.llashiHgton and its affiliates alld their empleyees and/er ageHts fFem any suel! liability, Client, warrantiag that it has the
right te de sa, wai'ieS all rights ef sebregatien whieh it and its iIlSl:!rers may ffiwe against J)'lashiHgtell; its affiliates and/or their employees and! or agents tinder msuranee
eeverage's maiIltailled br CHeHt. (c) The work to be undertaken by Washington is at the Addison Airport fuel farm site, where aviation fuel and other products and materials (some of
which may be hazardous) are stored and used for aviation purposes, However, inIn the event that unknown, unanticipated or unsuspected hazardous materials are discovered on or near the
project site, Washington shall have the right to stop all work thereon immediately until (i) all proper authorities are notified, and all applicable laws, rules or regulations have been
complied with, and (ii) if the scope of the work is increased from that originally anticipated under the terms of this Contract, the increased scope of the work and the fees to be paid
as a result thereof have been accepted by Client and Washington in writing, In such an instance, Client shall have the right to terminate this agreement and Washington shall be compensated
for all work properly performed to the point (Jf termination (and Washington shall promptly give to Client an records, reports, documents and all other materials or information (in whatever
format. whether electronic or otherwise) prepared or collected by Washington to the time of such termination't. In the event that the 
discovery of unanticipated hazardous materials requires Washington to take immediate measures to protect health and safety, or to comply with applicable laws, rules or regulations, Client
agrees to compensate Washington for expenses incurred in taking such action, including, but not limited to, expenses incurred for equipment decontamination and all other costs incident
to the discovery, treatment and/or disposal of the hazardous waste, except to the extent that such expenses or costs result from the negligence, grOSS negligence, or willful act or omission
of Washington, Washington shall immediately notifY Client onts discovexy ofanv unanticipated hazardous materials. 5. Any delay or failure of Washington in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God, strike, acts of workman, frre, storm, flood, windstorm, discovery or uncovering of hazardous or toxic
materials or historical artifacts at the project site, delays occasioned by Client's preconstruction approval or permitting activities, unusually severe weather, sabotage, embargo, ear
shortage, wreck or delay in transportation, accidents in the handling and rigging of heavy equipment, explosion, riot, war, court injunction or order, delays by or acts or orders of
any governmental body or changes in laws or governmental regulations, acts or omissions of the Client or its other contractors or any other cause or causes beyond the reasonable control
of Washington provided that prompt written notice of such delay or suspension be given by Washington to the Client. Upon receipt of said notice, if necessary, the time for performing
shall be extended for a period oftime reasonably necessary to overcome the effect of such delays and Washington shall be reimbursed for the cost (ifany) of such delays ifsuch delays
are caused directly by Client. 6,Washington shall perform its work hereunderwaffatlts tllat the serviees J3e1'feffHed herellHder, begiflfliBg OH tile date WashiHgtOH eompletes its work
and termiHatifl!!; oHe year from the eompletioH tllereef, will be in accordance with that degree of care and skill ordinarily exercised by members of the engineering profession and oOHstruetioH
iHdl:lstry existing as of the date that such services are perfurmed. 'illaslliHgtoH's sole liability to Clieat fOr lillY HOH oonfurmffig 'Nork shall be to J3rovide remedial engineeRfI!!;
serviees to eorreet errors in d061:1meHts and speeifieatioR prepared by 'NashiHgton, written HOOGe of whiell ffi1:Ist be promptly gi·yeR by Cliellt to Washington. The only 'NafFanties
made by '.¥aslliHgton are those elfjlressly eHllmerated iH this provision. These remedies are ClieHt's sole remedies fOr lillY failllre of Washington to oomply 􀁶􀀬􀁾􀁴􀁨􀀠its obligations.
CorrectioH of any ROHeonfOFmity in the manRer and fur the period of time 􀁰􀁲􀁯􀁾􀀴􀁤􀁥􀁤􀀠above shall 60sstitllte eelHj'llete fu1fillmellt ef all the liabilities ef 'WashiRgtOfl for
defeetive or HOH60nfurmifl!!; serviees whether the elaims ofthe Cliellt are based iH eontraet, iH tort (inellldifl!!; negli:genee and striet 􀁬􀁩􀁡􀁢􀁩􀁬􀁩􀁴􀀩􀁾􀀬􀀠er etherwise with
respeet te or arisifl!!; oil! ef tho teffHs of this WOrlE al:ltflori:1!atieH and the werk peOOffHedlierellHaer. 7.1H HO evellt shall WasmflgtoH, its affiliates anaior their erRflloyees
and/or agellts be liable, whether in selltmet or tort, inolllding Hegligenee and stRet liability fur any speeial, indireet Of eeHse<'!Heatial damages 􀁷􀁉􀁬􀁡􀁴􀁳􀁯􀁥􀀧􀁬􀁾􀁲􀀬􀀠Cliellt
agrees that the teffHs aRa eOHditioHs of any pHFCHaSe orders iSS1:Ied by Cliellt is eomeetioH '.'lith the worle shall Hot aj3ply and are elfjlressly waivea by Clieat. ',\lashingtoH makes
He iHdem."lifieatioHs, represelltations, g'I:Iarantees or vlarrallties, either expressed Sf imjllied elfe0j3t as specifieally set fOrth herein. 
VlilshffigtOfl, its affiliates aREl/or their eHljlloyees aRe/or ageHts shall have flO liability to Cliem 6lfeejlt as elEpressly prowaee liereiH, aRe ClieRt hereey "",&pres aay reHleeies,
wll.ether iH eoRtraet, tort, or otll.erwise, iHeweing flegligefl6e aRe striet liaeility, flOt el[pressly provieeEI fer hereiH. &All reports, documents, drawings, designs, plans, or specifications
made, prepared, or collected by Engineer in connection herewith belong to and remain the property of Client. Client shall be furnished with such reports, documents, drawings, designs,
plans, and specifications and rtJports.All eravvings aRe eoeHHleflts (illelHeiag the iHfefHlatiOH ifleorporatee thereilt) prejlaree lly ',\Lasmngton aRe jlrovieee to ClieRt hereHnGer
are iHtOlleea ooIy fer CliOllt's Hse solely fer the pHrposes Sjleemeaily eOHtefHjllatea by Vlasmngton at the time the worle is being perfofHlee aHe if ClieRt makes aay other Hse thereof
,it shall aSSI;IHle all risk assoeiatee with sHeh other I;Ises aRe shall eefeHEl, ineem:1iiY aHe hole hafH!less WasmHgtOH, its affiliates aHe their efHjlloyees aRe agel!ts Kom aay liability
arising ftoHl SHOO other I;Ise. Elleept as otll.ervvise jlfO'vieee iH Paragraph 4 above, WasmngtoH's total aggregate liability ftO'NSOe'le£ arising KOHl or eonneetee '.vith the WOrlE
shall in He eveRt oILseee the amouRts paie to Wasmngtoo by ClieRt fer the worle and ClieRt shall inElem:liiY aHa held hafH!less ')lasflingtoll; its affiliates and their employees aHa
agems against any eost, loss or aamage in eli:eess of saeh liHlits. 􀁾􀀶􀀮􀀠The parties agree that the laws of the State of Texas shall apply to the interpretation, validity and enforcement
of this Agreement; and. with respect to any conflict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without
reference to its conflict of law provisions) to the interpretation, validity and enforcement of this AgreemenUn the event of aay cortfliet over eheiee of applieaele law, the parties
iHtena that the ehoiee of law be made wmeh gives the fullest possible foree ana efiCet to these previsioHS. This Agreement has been executed and delivered in the Stl!te of Texas and
the validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of Texas. All duties and obligations
of the parties created hereunder are performable in Dallas County and such County shall be the venue for any action or proceeding that may be brought or arise out of. in connection with
or by reason ofthis Agreement. 7. (3) Termination without cause, Either party may terminate this Agreement at any time by giving to the other party at least 30 days written notice of
such termination, Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination.
In the event of termination, aU finished or unfinished data, studies, reports and other materials and items (whether kept electronically in writing, or otherwise) prepared or assembled
by Washington shall be promptly delivered to Customer. Washington shall be paid for all work satisfactorily completed prior to the effective date ofsaid termination. (b) Termination
with calise. If Washington fails to perform Washington's duties to the satisfaction of tlt.e Customer, or if Washington fails to fulfill in a timely and professional manner Washington's
obligations under this Agreement or if Washington shall violate any 
of the terms of provisions of this Agreement, then Customer shall have the right to terminate this Agref::ment effective immediately upon the Customer giving written notice thereof to
Washington. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination.
In the event of termination. all finished or unfinished data, studies, reports and other items (whether kept electronically, in writing, or otherwise) prepared or assembled by Washington
shall be promptly delivered to Customer. Washington §..ll!!ILJ?!Lpaid for all work satisfactorily completed prior to the effective date of such termination. 8. Inasmuch as this Agreement
is intended to secure the specialized services of Washington, Washington has no authority or power to and may not assign, transfer, delegate, subcontract or otherwise 􀁣􀁯􀁮􀁶􀁾􀀠any
interest herein without the prior written consent of Customer. and any such assignment. transfer, delegation, subcontract or other conveyance without the Customer's prior written consent
shall be considered null and void. 9. All payments, notices, demands, or requests from one party to another shall be personally delivered or sent by United States mail, postageprepaid, to the addresses below: To Customer: To Washington: 16801 Westgrove Road Addison, Texas 75001-5190 Attn: Jim Pierce Attn: Tel.: 972450-2879 Fax: 972-450-2837 Fax 
TOWN OF ADDIsoN 􀀨􀁦􀁯􀀭􀀰􀀼􀀱􀁾􀀠FAX#: ?-'t.( 􀁾􀀠67J.-;2&;),fJ􀁾􀀳􀀷􀀰􀀠Date:__I_"_tf._-_cD_I____ # of pages (including cover): I ( PUBLIC WORKS From: Jim Pierce. P.E. Asst. Public
Wks. Dir. Phone: 972/450-2879 FAX: 972/450-2837 jpierce@ci.addison.tx.us 16801 Westgrove P.O.Box 9010 Addison. TX 75001-9010 Re: 􀁾􀁾􀁾􀁾􀁔􀁲o Original in mail 􀁾􀁹􀁯􀁵􀁲request 0 FYI
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􀀺􀀺􀀡􀀺􀀺􀀺􀀺􀀧􀀭􀀭􀀫􀀽􀀽􀀽􀀽􀁾􀁾___ v.r-Ld-. '1,I 
TOWN OF 'B 􀀾􀁬􀀮􀁁􀀳􀁡􀁲􀁬􀁬􀁳􀀭􀁾􀁱􀀱􀁴􀁴􀀭􀁱􀁄􀀱􀀭􀁱􀀰􀀱􀀵􀀠-􀁾􀀠ADDIsoN PUBLIC WORKS From: Jim Pierce, P.E. To: J4 Hill Asst. Public Wks. Dir. Company: CItvt&:? 􀁾􀀠Phone: 972/450-2879
FAX: 972/450-2837 FAX#: :21 t.f-Ce1;{-;202CJ jpierce@ci.addison.tx.us Date: ({)-j rt) I 16801 Westgrove P.O.Box 9010 # of pages (including cover): t Addison, TX 75001-9010 Re: 􀁗􀁾&d.
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Item 1.24.3. GENERAL PROVISIONS trench safety such as trench shields and shoring systems will be likewise certified by professional engineers registered in the State of Texas or by a
professional engineer registered in the state of manufacture of the shield. 1.24.4. PAYMENT FOR TRENCH SAFETY Payment for trench safety shall be by the lineal feet of trench exceeding
a depth of five (5) ft. Excavation for slopeback methods shall be subsidiary to the 􀁴􀁲􀁥􀁮􀁾􀁨􀀠safety pay item including replacement and recompaction .. Excess excavation for other
trench safety methods is also subsidiary to the trench safety pay item. Costs relating to the preparation of the trench safety plan including geotechnical investigation, testing and
report preparation fees are all subsidiary to the pay item for trench safety. Should trench safety measures be required during contract performance where no pay item has been provided,
then the CONTRACTOR shall immediately notify the OWNER and, if directed to do so, provide trench safety under the provisions of Item 1.37.3. andlor 1.38. Should the OWNER fail to authorize
the work as provided for in 1.37.3. and 1.38., then 􀁾􀁥CONTRACTOR shall proceed under the provisions ofItems 1.39. and 1.40. Trench safety requirements are mandatory and may not be
waived. 1.24.5. PAYMENT FOR SPECIAL SHORING Payment for special shoring. if any, shall be based on the square feet of shoring used. ITEM 1.25. PAYMENT FOR LABOR AND MATERIAL; NO LIENS
The CONTRACTOR for himself or any of his subcontractors shall pay all indebtedness which may become due to any person, flIlll or corporation having furnished labor, material or both
in the performance of this contract. It shall be the responsibility of each person, flIlll or corporation claiming to have furnished labor, materials or both, in connection with this
contract, to protect his or its interest in the manner prescribed by applicable laws of the State of Texas, provided, however. that as this contract provides for a public works project,
no lien of any kind shall ever exist or be placed against the work or any portion thereof, or any public funds or retainage held by the OWNER; and any subcontactor shall look soley to
the CONTRACTOR and the payment bond surety, and not the OWNER, for payment of any outstanding amounts due for labor, materials or any other indebtedness in connection with the work.
However, the OWNER may. at any time prior to making final payment, require the CONTRACTOR to furnish a Consent of Surety to any payment due the CONTRACTOR for completed work and may,
at the discretion of the OWNER or the request of the Surety, make the check jointly payable to the CONTRACTOR and the Surety. ITEM 1.26. INSURANCE 􀁾􀀠1.26.1. CONTRACTOR'S INSURANCE
Without limiting any of the other obligations or liabilities of the CONTRACTOR. during the term of the contract the CONTRACTOR and each subcontractor at their own expense shall porchase
and maintain the herein stipulated minimum insurance with companies duly approved to do business in the State of Texas and satisfactory to the OWNER. Certificates of each policy shall
be deliveted to the OWNER before any work is started, along with a written statement from the issuing company stating that said policy shall not be canceled. nonrenewed or materially
changed without 30 days advance written notice being given to the OWNER, except when the policy is being canceled for nonpayment of premium, in which case 10 days advance written notice
is required. Prior to the effective date of cancellation. the CONTRACTOR must deliver to the OWNER a replacement certificate of insurance or proof of reinstatement. A model Certificate
of Insurance is illustrated in Appendix A.2. Coverage shall be of the following types and not less than the specified amounts: . (a) workers' compensation as required by Texas law, with
the policy endorsed to provide a waiver of subrogation as to the OWNER; employer's liability insurance of not less than $100,000 for each accident, $100,000 disease -each employee, $500.000
disease-policy limit. (h) commercial commercial general liability insurance, including independent contractor's liability. completed operations and contractual liability, covering, but
not limited to, the liability assumed undet the indemnification provisions of this contract. fully insuring CONTRACTOR'S (or subcontractor's) liability for injury to or death of OWNER'S
employees and third parties, extended to include personal injury liability coverage with damage to property of third parties, with minimum limits as set forth below: JANUARY 1998 c (
'22 
GENERAL PROVISIONS Item 1.26.1. General Aggregate $1,000,000 Products Components/Operations Aggregate $1,000,000 Personal and Advertising Injury $ 600,000 Each Occurrence $ 600.000 Fire
Damal(e (anyone fire) $ 50.000 Medical Expense (anyone person) $ 5,000 The policy shall include coverage extended to apply to completed operations, asbestos hazards (if this project
involves work with asbestos) and XCU (explosion. collapse and underground) hazards. The completed operations coverage must be maintained for a minimum of one year after final completion
and acceptance of the work. with evidence of same filed with OWNER. (c) comprehensive automobile and truck liability insurance, covering owned, hired and non-owned vehicles, with a combined
bodily injury and property damage minimum limit of $600,000 per occurrence; or separate limits of $250,000 for bodily injury (per person), $500.000 for bodily injury (per accident) and
$100,000 for property damage. Such insurance shall include coverage for loading and unloading unloading hazards. 1.26.2. OWNER'S PROTECTIVE LIABILITY INSURANCE CONTRACTOR shall obtain,
pay for and maintain at all times during the prosecution of the work under this contract an OWNER'S protective liability insurance policy naming the OWNER and the Engineer as insureds
for property damage and bodily injury, which may arise in the prosecution of the work or CONTRACTOR'S operations under this contract. Coverage shall be on an "occurrence" basis. and
the policy shall be issued by the same insurance company that carries the CONTRACTOR'S liability insurance with a combined bodily injury and property damage minimum limit of $600,000
per occurrence and $1,000,000 aggregate. 1.26.3. "UMBRELLA" LIABILITY INSURANCE c If required by OWNER, CONTRACTOR shall obtain, pay for and maintain umbrella liability insurance during
the contractterrn, insuring CONTRACTOR for an amount of not less than $1,000,000 per occurrence combined limit for bodily injury and property damage that follows form and applies in
excess of the primary liability coverages required hereinabove. The policy shall provide "drop down" coverage where underlying primary insurance coverage limits are insufficient or exhausted.
OWNER and Engineer shall be named as additional insureds. 1.26.4. RAILROAD PROTECTIVE INSURANCE When required in the Special Provisions, CONTRACTOR shall obtain, maintain and present
evidence of railroad protective insurance (RPI). The policy shall be in the name of the railroad company having jurisdiction over the rightof-way involved. The minimum limit of coverage
shall meet the specifications provided by the railroad company. The OWNER shall specify the amount of RPI necessary. 1.26.5. POLICY ENDORSEMENTS AND SPECIAL CONDITIONS (a) Each insurance
policy to be furnished by CONTRACTOR shall include the following conditions by endorsement to the policy: ( I) each policy shall name the OWNER as an additional insured as to all applicable
coverage; (2) each policy shall require that 30 days prior to the cancellation, nonrenewal or any material change in coverage. a notice thereof shall be given to OWNER by certified mail.
If the policy is canceled for nonpayment of premium, only 10 days written notice to OWNER is required; (3) the term "OWNER" shall include all authorities, boards. bureaus, commissions,
divisions, departments and offices of the OWNER and individual members, employees and agents thereof in their official capacities andlor while acting on behalf of the OWNER; (4) the
policy phrase "other insurance" shall not apply to the OWNER where the OWNER is an· additional insured on the policy; and JANUARY 1998 l 23 
Item 1.26.5 GENERAL PROVISIONS (5) all provisions of the contract concerning liability. duty and standard of care together with the indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within applicable policies. c· (b) Insurance furnished by the CONTRACTOR shall be in accordance with the following
requirements: (I) any policy submitted shall not be subject to limitations, conditions or restrictions deemed inconsistent with the intent of the insurance requirements to be fulfilled
by the CONTRACTOR. The OwNER'S decision thereon shall be final; . (2) all policies are to be written through companies duly licensed to transact that class of insurance in the State
of Texas; and (3) all liability policies required herein shall be written with an "occurrence" basis coverage trigger. (c) CONTRACTOR agrees to the following: . (1) CONTRACTOR hereby
waives subrogation rights for loss or damage to the extent same are covered by insurance. Insurers shall have no right of recovery or subrogation against the OWNER, it being the intention
that the insurance policies shall protect all parties to the contract and be primary coverage for all losses covered by the policies; (2) companies issuing the insurance policies and
CONTRACTOR shall have no recourse against the OWNER for payment of any premiums or assessments for any deductibles, as all such premiums and deductibles are the sole responsibilityand
risk of the CONTRACTOR; (3) apprQval, disapproval or failure to act by the OWNER regarding any insurance supplied by the CONTRACTOR (or any subcontractors) shall not relieve the CONTRACTOR
of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency or denial of liability by the insurance
company exonerate the CONTRACTOR from liability; and (4) no special payments shall be made for any insurance that the CONTRACTOR and subcontractors are required to carry; all are included
in the contract price and the contract unit prices. Any of such insurance policies required under this section may be written in combination with any of the others, where legally permitted,
but none of the specified limits may be lowered thereby. ITEM 1.27, MATERIALS AND WORKMANSHIPj WARRANTIES AND GUARANTEES c Unless otherwise expressly provided in the contract drawings
or specifications, the work shall be performed in accordance with the best modem practice with materials and workmanship of the highest quality and suitable for their purpose. The OWNER
shall judge and determine the CONTRACTOR'S compliance with these requirements. 1.27.1. "OR EQUAl" CLAUSE Whenever a material or article required is specified or shown on the plans, by
using the name of a proprietary product or of a particular manufacturer or vendor, any material or article which the Engineer determines shall perform adequately the duties imposed by
the general design or which the Engineer deems to be of similar appearance (in cases where appearance is of importance) shall be considered equal and satisfactory, provided the material
or article so proposed is of equal substance and function. Authorization for any substitution of materials or articles must be obtained by the CONTRACTOR from the Engineer before proceeding
with such substitution. Should an authorized substitution require redesign of a portion of the work or alterations to the plans or specifications in order for the materials or articles
which are to be substituted to properly fit or in other ways to be satisfactory, the Engineer shall accomplish such redesigns and alterations. The CONTRACTOR shall bear all reasonable
costs associated with redesign and alteration efforts performed by the Engineer. 1.27.2. MATERiAlS AND EQUIPMENT The CONTRACTOR shall be free to secure the approved materials, equipment
and articles from sources of his own selection. However, if the OWNER finds that the work shall be delayed or adversely affected in any way because a selected source of supply cannot
furnish a uniform product in sufficient quantity and at the time required and a suitable source does exist, or the product is not suitable for the work, the OWNER shall have the right
to require the original source of supply changed by the CONTRACTOR. The CONTRACTOR shall have no claim for extra cost or damage because of this requirement. C.. JANUARY 1998 24 
HP Laser Jet 3200se TOALASfRJET 3200 invent 9724502837 QCT-2·2001 08,18 Fax Call Report Job Date Time Type Identification Duration Pages Result 222 101 212001 08:15:49 Send 92146722020
2:52 4 OK lOWNOF ADDIsoN PUBLIC WORKS To: From: Jim Pierce, P.E.Jr4 aU Asst. Public Wks. Dir. Compsny: Cftrlv:( 􀁾􀀠PhOlle: 972/4S1J..2879 FAX: 972145fl.2837 FAX": 2t'i-f.e12-:l.Ci7.0
Jpier«@d.addUDlLtLut Date: (tJ-3 rt) I 16801 Weatgrave P.O.So.9&10 􀁾ofpages (Including eovet):L Addlso., 'J'X 75001·9&10 o OrlgfutJln maU Cl c.1I me 
7 􀀯􀁾􀀭􀀲􀀭􀁥􀀯􀀠WORK AUTHORIZATION TERMS 1. The work shall be as described in the Washington Group International, Inc. ("Washington") proposed Scope of Work referenced on the face
hereof. 2. Unless otherwise agreed in writing, Client shall pay Washington for the work on the basis described in Washington's Scope of Work. Payment shall be due upon the final completion
of all of the work within thirty (30) days of invoice. Payment not received within such time period will be subject to interest of 1% per month for the unpaid balance. 3. Confidentiality
obligations related to the work, if any, shall be as set forth in such confidentiality agreements as may be concluded between the parties. 4. (a) During the work, Washington shall maintain
the following insurance: Coverage Worker'sJ}/erIElllftH's Compensation Statutory covering all assigned employees (applicable for all states except those where State funded coverage is
required). Employer's Liability $100,000 CommercialCofflprehensive General $500,000 Combined Single Limit Liability Per Occurrence and in the Bodily Injury (including death) and aggregate
Property Damage Automobile Liability $500,000 Combined Single Limit Bodily Injury (including death) and Per Occurrence and in the Property Damage, including owned, nonaggregate owned
and hired car coverage The above policies shall be endorsed to provide the following, as applicable: (i) in all liability policies, name theIQwn of Addison. Texas as an additional insured:
(il) in all liability policies, provide that such policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of
activities conduct(:ld hereunder. and that insurance applies separately to each insured against whom claim is made or suit is brought; and (iii) a waiver of subrogation in favor ofthe
Town of Addison, Texas, its officials, officers, agents, and employees must be included in all such policies. All insurance policies shall be issued by an insurance company with an A.M.
Best's rating of not less than A-and authorized to do business in Texas and in the standard form approved by the Texas Del;lartment of Insurance, and shall be endorsed to provide for
at least 30 days advance written notice to the Town of Addison, Texas of a material change in or cancellation of a policy Certificates of insuranc('\, satisfactOl:Y to Dor.:uI.nent 11:9111,0

the City, evidencing all coverage above. shall be furnished to the City prior to the performance of any work by Washington. with complete copies of policies furnished to the City upon
request (b) Washington shall defend and indetnni.JY the Town of Addison. Texas. its officials. officers. employees and agents (together. for purposes ofthis section, the "City") against
and hold the City harmless from, any and all liability,actions. causes of action. lawsuits. judgments. claims. damages. costs or fees. including attornev's fees and costs of defense.
for personal injuty. property damage or destruction (including without limitation loss of use of property not otherwise physically injured), breach of contract, or other harm for which
recovery of damages is sought, suffered by any person or organization that may arise out of any negligent, grossly negligent or willful act or omission ofWashington, its officers, employees.
contractors or agents under this Agreement. The provisions of this paragraph shall survive the expiration or termination of this AgreementJn any 6'I'eRt, the liability ef '.Vashingten,
its affiliates aadler their effijlleyees anater agents fer loss andJor damage te property er 􀁾􀁴􀀱􀁲􀁹􀀠oF-death to persens sther than effijllsyees of Washingtsn anElisr its affiliates
6at1Sea by Wasllingtsn ana/Sf allj' sf its emplsyees in csnneetisn v.<ith sr as a reStilt of the wsrk shall be limited to aIIj' amffilnts reesyerea from the inStirance set furth abo'le
anEl ClieRt !lg¥ees te iRElem:lify anEl held harmless VlaslliHgton and its affiliates and their effijl\eyees ana agems against any cost, Isss or aamage in eKcess of the amounts reeeverea
frsm such iasufaBce. ClieRt further agrees that WasbingtsIl; its affiliates aadJer their effijlloyees aadJsr ageRts shall, in any event, Rave ns liability WRats06'..er 6) ref loss andJor
damage ts f'reperty or injury sr death to persons sther than emf'loyees sf \'Vashingtsn sr its affiliates which sccms msre thall slle (1) year after ''¥asbiHgtsn's esmpletisH af the
'.vark aadlsr (ii) arisieg &em psllutiaH sr eRvireeraeatal impairraent whiah may sccur aurieg esnstmctioIl; osmmissiemeg, start Hp, sf'eFation aad/sr mainte!laRce sf aIIj' facilities
and Cliellt shall hsld harm1ess, deread and iadem;lify Washingtsn and its affiliates and their empleyees andlsr ageRts frsm aIIj' SHOO liability, CHeat, '.varrantillg that it has the
right ta do ss, waives all rights sf sHbregatisH '.vmeh it aruHtS insHfers may Rave against WaslliHgtsll; its affiliates aadler thcir effijllsyees aadJsr ageRts sader inStifaBee aeverage's
maintained by Client. (c) The work to be undertaken by Washington is at the Addison Airport fuel farm site. where aviation fuel and other products and materials (some of which may be
hazardou§) are stored and used for aviation purposes. However, inlH the event that unknown, unanticipated or unsuspected hazardous materials are discovered on or near the project site,
Washington shall have the right to stop all work thereon immediately until (i) all proper authorities are notified, and all applicable laws, rules or regulations have been complied with,
and (ll) if the scope of the work is increased from that originally anticipated under the terms ofthis Contract, the increased scope ofthe work and the fees to be paid as a result thereof
have been accepted by Client and Washington in writing. In such an instance, Client shall have the right to terminate this agreement and Washington shall be compensated for all work
properly performed to the point of termination (and Washington shall promptly give to Client all records. reports, documents and all other materials or information (in whatever format.
whether electronic or otherwise) prepared Of collected by Washington to the time of such termination). In the event that the D<:Icttm¢1ltiJ: 971143 
discovery of unanticipated hazardous materials requires Washington to take immediate measures to protect health and safety, or to comply with applicable laws, rules or regulations, Client
agrees to compensate Washington for expenses incurred in taking such action, including, but not limited to, expenses incurred for equipment decontamination and all other costs incident
to the discovery, treatment and/or disposal of the hazardous waste, except to the extent that such expenses or costs result from the negligence, gross negligence, or willful act or omission
of Wasbington. Washington shall immediately notifY Cliellt ofits discovery ofany unanticipated hazardous materials. 5. Any delay or failure of Washington in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God, strike, acts of workman, free, storm, flood, windstorm, discovery or uncovering of hazardous or toxic
materials or historical artifacts at the project site, delays occasioned by Client's preconstruction approval or pennitting activities, unusually severe weather, sabotage, embargo, ear
shortage, wreck or delay in transportation, accidents in the handling and rigging of heavy equipment, explosion, riot, war, court injunction or order, delays by or acts or orders of
any governmental body or changes in laws or governmental regulations, acts or omissions of the Client or its other contractors or any other cause or causes beyond the reasonable control
of Washington provided that prompt written notice of such delay or suspension be given by Washillgton to the Client. Upon receipt of said notice, if necessary, the time for performing
shall be extended for a period oftime reasonably necessary to overcome the effect of such delays and Washillgton shall be reimbursed for the cost (if any) of such delays if such delays
are caused directly by Client. &'-Washillgton shall perform its work hereunderwarrants that the services polfermed hereunder, begin."ling on the aate Washington eomJlletes its work and
tefHlinating one year ftem the eomJlletioH thereof, will be in accordance with that degree of care and skill ordinarily exercised by members of the engineering profession and eonstruetiea
indl:lstry existing as of the date that such services are performed. WashiagteR's sole 􀁬􀁩􀁡􀁢􀁩􀁬􀁩􀁾􀀠te Client fur any HeR eonfeFllliHg werk shall be to prO'<ide remeaia! eagiHeering
serviees to eomet errors ia d06l:lFHeRts and slloeffieatioa pfollarea by 'NashiHgtoa, writtea l!Htiee of whieh fffilst be prernpt!y givea by ClieRt to WashiRgtOfi. The only 'Nllffanties
made by '}lashiHgtoa are those oKpressly _merated ia this JlrevisioR. These remedies are ClieRt's solo remeaies fur aH)' fuih:lre of '}iashiHgtoR to eornply veith its obligations. Correetion
of any HeReonfel'fllity ia the fHaf'J!er and fur the period of time pfO'lidea aeove shall ooflstitl:lte eomplete fulfillment of a!1 lee liabilities of Washiflgtofl for defeelive Of fl0H60nferrning
serviees ,....hether the elaims of the Client are easea in 60Rtraet, ifl tort (iaeh:Idifig HegligeHee aRd strict liability), Of otherv.4se with respeet to Of arisiHg out ofthe terms
of tllis work aatooffi;atioa afIEI the 'Nork pelfermed herel:lHder. 7.lfI flO eveat shall WashifigtoR; its affiliates and/or their employees andler ageRts be liable, whether iR eoatraet
or tort, ineluding aegligeaee and striet 􀁉􀁩􀁡􀁢􀁩􀁬􀁩􀁾􀀠for any slleeia!, iHdireet or eOflseql:leRtiai damages v.'ilatsoever. Client agrees that the terms afIEI eORditioflS of any
lll:lrehase eraers iSSl:Ied by ClieRt ia eoooectioll 'Nitl! the work shall flo! apply afIEI are eKpFessiy waived by Clieat. WashiHgtoa makes 110 iflaell'l1lifieatiofls, rellreseatRtiofls,
go_tees or '.varraRties, either eKpFessed or impliea eKeell1 as S)3eeifieally set furth herem. 
Washiagton, its affiliates andler their empleyees andIer agents shall have no liability to Client el[6ejlt as elEjlresslj' previdea herein; and Client hereby waPles aay remedies, , ....<bether
in 6ontrElet, tort, or othef\vise, inclueillg negligence aad strict liability, not OlEjlFeSSIy jlf9viEieEi for hereia. &'All reports, documents, drawings, designs, plans, or specifications
made, prepared. or collected by Engineer in connection herewith belong to and remain the property of Client. Client shall be furnished with such reports, documents, drawings, designs,
plans, and specifications and reports. All dra',vings aRd ae6uments (iHeiuaiag the infermation iaoofjlorated thereia) prepared by Washington aRe previded to Client hereunder are iateadee
oBly tar Client's use solely fur the pufjloses speeiiieally eOllterRplated by Vlasmagtofl at the time the work is being perfurmed and if Client maices any other use thereof it shall
assume all risk assoeiated "vith sueh other uses and shall defefid, indem::Hty aad hold hold harmless 'Nasmagton; its affiliates and their effijlloyees aad agents ftom any liability
arisillg ftom SHell other use. Elwept as othem'ise pwvided in Paragraph 4 above, l,¥ashiagtoa's total aggregate liability howsoever arising from or eoaHectee with the werk shall in no
event elceeed the aRlOHnts paid to Wasmagtan by ClieRt for the '''''OrlE and Client shall indemnifY and hold harmless '\¥ashingtOR, its affiliates and their employees !HId agents against
any eost, less or damage in exeess ofsush limits . .J4.6. The parties agree that the laws of the State of Texas shall apply to the interpretation, validity and enforpement of this Agreement;
and, with respect to any contlict of law provisions, the parties agree that such conflict of law provisions shall not affect the application of the law of Texas (without reference to
its conflict of law provisions) to the intemretation. validitv and enfoxcement of this AgreemenUR tile o..'ent ef any aeHitict e'l1:lI' ahsiee of !l!lplieaele law, the parties inteed
that the shoiee sf htw be made v.moo gives the fullest possiBle furae ane effect to these previsions. This Agreement has been executed and delivered in the State of Texils and the validity,
enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of Texas. All duties and obligations of the parties
created hereunder are performable in Dallas County and such County shall be the venue for any action or proceeding that may be brought or arise out of in connection with or by reason
ofthis Agreement. L(a) Termination without cause. Either party may terminate this Agreement at any time by giving to the other party at least 30 days written notice of such termination.
Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. In the e"ent
of termination. all finished or unfinished data, studies. reports and other materials and items (whether kept electronically. in Writing. or otherwise) prepared or assembled by Washington
shall be promptly delivered to Customer. Washington shall be paid for all work satisfactorily completed prior to the effective date of said termination. (Q) Termination with cause. If
Washington fails to perform Washington's duties to the satisfaction of the Customer. or if Washington fails to fulfill in a timely and professional manner Washington's obligations under
this Agreement or if Washington shall violate any OOCUllumt Ii; 911 143 
of the terms of provisions ofthis Agreement. then Customer shall have the right to tenninate this Agreement effective immediately upon the Customer giving written notice thereof to Washington.
Tennination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. In the event
of te!11lination, all finished or unfinished data. studies, 􀁲􀁾􀁯􀁲􀁴􀁳􀀠and other items (whether kept electronically, in writing, or otherwise) prepared or assembled by Washington
shall be promptlydelivered to Customer. Washington shall be paid for all work satisfactorily completed prior to the effective date ofsuch tennination, 8. Inasmuch as this Agreement is intended to secure
the specialized services of Washington, Washington has no authority or power to and may not assign, transfer. delegate, subcontract or otherwise convey any interest herein without the
prior written consent of Customer, and any such assignment. transfer, de1egatiQn, subcontract or other conveyance without the Customer's prior written consent shall be considered null
and void. 9. All payments, notices, demands, or requests from one party to another shall be personally delivered or sent by United States maiL postage 􀁰􀁲􀁾􀁡􀁩􀁤􀀬􀀠to the addresses
below: To Customer: To Washington: 16801 WestgroveRoad Addison, Texas 75001-5190 Attn: Jim Pierce Attrr___ . Tel.: 972-450-2879 Tel.: Fax: 972-450-2837 Fax 
Jim Pierce From: HILL, JOHN Uhill@cowlesthompson.com] Sent: Saturday, September 29, 2001 7:26 AM To: 'jpierce@ci.addison.tx.us' Cc: DIPPEL, KEN Subject: Phase II Environmental Site Assessment
Addison -Scope! gf Work. for En, •• <<Addison -Scope of Work for Environmental Site Assessment (Airport Phase II) (fuel farm).DOC» Jim--attached is a red-lined copy of the work authorization
terms of the proposal from Washington regarding the Phase II environmental site assessment at the fuel farm. Please review and let me know if you would like to discuss. A few notes regarding
the proposal letter: 1.. Undsr: "Background", the third sentence provides that the Town is to provide baseline conditions in the fuel farm areal "specifically the presence or abasence
of hydrocarbon contamination*', Is that correct? 2. Under "Technical Approachtf, the first sentence states that there is to be only fllimited invasive field exploration." Is that correct?
Also, the second sentence provides that the Uobjective will be to establish a reasonable understanding of environmental and physical conditions of the tank farms and adjacnet areas at
the airport. 1I Depending on what the Town expects Washington to do, a better word than reasonable might be "extensive" or tlthorough". 3. Note that under hPricelt , paragraph 1 provides
that the "Town will 11provide unrestricted access to Fuel Areas ... We need to make sure that we can provide such access. Please let me know if you have any questions or comment. John
1 
TOWN OF ADDIsoN To: 􀁊􀁯􀁾􀁶􀁴􀀠l-L It Company: 􀁾cflh,¥&.e!Y1 FAX#: 2.1<-/-(pp-;ZOAO Date: q-/3 --0 I # ofpages (including cover): /I Re: 􀁁􀀭􀁦􀁴􀀭􀁰􀁾􀁬􀀧􀁴􀀭'fi-e.( =§rWl PUBLIC
WORKS From: Jim Pierce, P.E. Asst. Public Wks. Dir. Phone: 972/450-2879 FAX: 972/450-2837 jpierce@ci.addison.tx.us 16801 Westgrove P.O.Box 9010 Addison, TX 75001-9010 PAa.S-LIT Emf.
􀁁􀁓􀀵􀁥􀁳􀀮􀁳􀁾􀀠. . 􀁾􀀠SC-4>r..e.... &11-lJorK o Original in mail o Per your re uest o FYI o Call me (If 
Jim Pierce From: Jim Pierce Sent: Thursday, September 13, 200110:00AM To: Chris Terry Cc: Mark Acevedo Subject: Fuel Farm Phase II Env. Assessment Chris: I read the scope of work last
night and have some concerns: 1. No health and safety plan 2. Extent of contamination described by area only. No depth of contamination. 3. No confirming soil or groundwater samples
included. 4. Scope is riddled with change order language. I'm concerned we will be CO'd to death. 5. Washington wants to rely on us to locate utilities. All we can locate are our water
and sewer lines. We have no idea of where fuel lines, electrical conduits, etc are. 6. Some scope items are off target 7. The Work Authorization Terms need to be reviewed by John Hill·
insurance, liability, haz mat and delay clauses in particular. I would like your approval to fax the scope to him. Jim Pierce, P.E. Assistant Public Works Director PO Box 9010 Addison,
TX 75001·901 0 972·450·2879 1 
HP LaserJet 3200se TOALASERJET 3200 invent 9724502837 SEP-12-2001 ID :42 Fax Call Report Job Date Time Type Identification Duration Pages Result 903 9/12/2001 10:36:31 Send 92146722020
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FAX#: '2. 1'-1-"73-;;<o.?-o )p-.,.........'" Dale: q·13-o I 16801 W"lgrove P.O.Bo.9010 # ofpagcs (includiDg 􀀢􀀢􀁶􀀮􀁲􀀩􀀺􀁾􀀠 Addison, TX 75001-9010 R.: 􀀻􀁦􀀻􀀢􀁰􀁾􀁣􀁴􀀭Eel fiyh')
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