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HomeMy WebLinkAboutContract 49758 CITY SECRETARY �. CITY OF FORT WORTH, TEXAS CONTRACT NO. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Azcarate & Associates Consulting Engineers, LLC. authorized to do business in Texas, for a PROJECT generally described as: Village Creek Plant Energy Measurement and Verification Report Review. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with an assessment of the Village Creek Plant Energy Measurement Verification Report Review. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $20,000.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such service i � T� L IAL RECORD City of Fort Worth,Texas t e' "_� Standard Agreement for Professional Services Revision Date:12.22.2016 9 G:Oj Page 1 of 9Vr_ SECRETARY liYSECV1/Qj W0RTH9 TX Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 90 Days, beginning upon the Effective Date, or until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) The CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CIM OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 2 of 9 ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease- each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Fort Worth Water Department, Attention: Chris Harder, 200 Texas Street, Fort Worth, TX 76102, and attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 3 of 9 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. L Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) (a) City may terminate this Agreement for its convenience on 30 days' written notice. (b) Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and the City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 4of9 nonperforming party does not commence correction of such nonperformance within 5 days of written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 5 of 9 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 6 of 9 Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Water Department 200 Texas Street Fort Worth, Texas 76102 Consultant: Azcarate &Associates Consulting Engineers, LLC Attn: Ricardo J. Azcarate, P.E. 7920 Belt Line Rd., Suite 350 Dallas, TX 75254 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:12.22.2016 Page 7 of 9 Article XVII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B—Compensation Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH Azcarate&Associates Consulting Engineers, LLC Jesus J. Chapa Ricardo J. Azcarate. . Assistant City Manager President Date: /� "l� Date: Z011- Oct-03 APPROVAL RECOMMENDED: By: ��e lie E Chris Harder, P.E. Asst. Director, Water Department APPROVED AS TO FORM AND LEGALITY By: Doug lack Assistant City Attorney Form 1295 No. Zvt l- Z 8 7 ATTE �ORT pF. M&C No.:_NIA � -� .oma a J. Kayser Z M&C Date: N/A City Secretary City of Fort Worth,Texas Standard Agreement for Professional Servi Revision Date:12.22.2016 Page 8 of 9 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. (iG, #,cC- Chris Harder, P.E.,Asst. Director City of Fort Worth Texas OFFICIAL RECORD Standard Agreement for Professional Services CITYSECRETARY Revision Date:12.22.2016 Page 9 of 9 -. - P RTHI TX CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-268477 Azcarate&Associates Consulting Engineers,LLC. Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/04/2017 being filed. City of Fort Worth Water Department Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. WWTP-031 Village Creek Plant Energy Measurement&Verification Report Review Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I -or affirm,under penalty,0f perjury,that the above disclosure is true and correct. uuu, •,��o��pVPVa�4 ALYSSA R.ANDERSON _: ; ;Notary Public,State of Texas �: {�� Comm.Expires 07-01-2020 Notary ID 130724983 Signature of authoriz nt o on acting business entity AFFIX NOTARY STAMP/SEAL ABOVE '1 2 ) r ���+n Sworn troland subscribed before me,by the said 1 rp'l7 I •�/I 1�—�r(���this the _day of 20 1 ) to certify which,witness my hand and seal of office. a Sfivickyson A551s A4&W t&KOw Signathe of officer administering oath Printed name of officer administering oath ,,.._,,__...-Lde.a,c iceradtxt�rin ath kj i Forms provided by Texas Ethics Commission www.ethics.state.tx.us OFFICIAL REQ 0 rsion V1.0.3337 CITY SECRETARY PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contr Signature PM;�c��n Title Zoll - Oct- 03 Date L11OFFTF.IYC SCORD CITr� LY4 TMR, ATTACHMENT A PROFESSIONAL SERVICES FOR VILLAGE CREEK PLANT ENERGY M&V REPORT REVIEW ATTACHMENT A PROFESSIONAL SERVICES FOR VILLAGE CREEK PLANT ENERGY M&V REPORT REVIEW The scope set forth herein defines the work to be performed by the CONSULTANT in completing the project. Both the CITY and CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED Task 1 Project Execution TASK 1, PROJECT EXECUTION. CONSULTANT shall ensure efficient and effective use of CONSULTANT's and CITY's time and resources. 1.1. Managing the Team • Lead, manage and direct CONSULTANT's team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Provide status updates to the CITY following correspondence with stakeholders. • Prepare invoices and submit in the format requested by the CITY. • Prepare and submit a project status summary with each invoice. • Prepare and submit baseline Project Schedule. 1.3. Project Description and Objectives • CITY has entered into three performance contracts (CS #29110, Amendments#4, #5, and#6) at the Village Creek Water Reclamation Plant that require periodic measurement and verification (M&V) reports be prepared to document and report on the electrical savings that resulted from the improvement measures. • The M&V Reports include site surveys, metering of energy usage, and calculating and reporting on electrical savings as well as any deviations from baseline assumptions. As part of this work, the Consultant shall: A. Review of the City of Fort Worth Energy Savings Performance Proposal, Phase V, Village Creek WWTP, dated November 25, 2009, prepared by Kinsman & Associates. This report evaluated the assumptions, engineering calculations, financial analysis, measurement and verification plan, and recommendations of the Johnson Controls (JCI) Utility Assessment Report related to eleven Facility City of Fort Worth,Texas Attachment A Page 1 of 2 ATTACHMENT PROFESSIONAL SERVICES FOR VILLAGE CREEK PLANT ENERGY M&V REPORT REVIEW Improvement Measures at the Village Creek VVVVfP. This third party review was prepared in accordance with the requirements of the State of Texas Local Government Code 302. B. Review of all M&V reports obtained from JCI related to the three performance contracts, focusing on: i. Reasonableness of baseline adjustments included in the M&V reports ii. O&M Cost Avoidance assumptions and calculations C. Meet with staff to go over M&V reports. After the meeting, perform site visit with staff, visually inspecting the equipment included in the M&V reports, with special emphasis on equipment referenced in baseline adjustments. D. Provide written draft report to City regarding the reasonableness of the baseline adjustments, observations from equipment inspections, and recommendations for improved energy saving performance in the future. E. Review draft report with staff. Follow up with one (1) final report incorporating comments from the CITY. ASSUMPTIONS • One (1) meeting with city staff to review documentation and correspondence. • One (1) facility inspection tour with staff to visually inspect equipment installed as part of the performance contracts. • One (1) follow up inspection tour to gather additional information missed or that requires confirmation prior to finalizing draft report. • One (1) meeting with city staff to review draft report. • CITY shall provide CONSULTANT with electronic files of facility drawings, reports, calculations, assessment templates and other pertinent information for the CONSULTANT to utilize in the performance of its assigned work scope. DELIVERABLES A. Draft and Final Report City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 2 ATTACHMENT B COMPENSATION Professional Engineering Services for Village Creek Plant Energy M&V Report Review Time and Materials with Multiplier Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by Direct Salaries multiplied by a factor of 2.62. Direct Salaries are the amount of wages or salaries paid ENGINEER's employees for work directly performed on the PROJECT, exclusive of all payroll- related taxes, payments, premiums, and benefits. ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent(10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. Compensation shall be paid on a Time and Materials (T&M) basis per the billing rates as presented in Exhibit B-1 and shall not exceed $20,000 (Max Not To Exceed)without the CITY's prior written approval. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to Mr. Chris Harder, P.E., Assistant Director of the City of Fort Worth Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Azcarate &Associates Lead Engineering Reviewer $20,000.00 100% Consulting Engineers, LLC Proposed MBE/SBE Sub-Consultants N/A Non-MBE/SBE Consultants N/A TOTAL $ 20,000.00 100% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER'S HOURLY RATE TABLE (Supplement to Attachment B) AACE Hourly Billing Rate Table January 2017 through December 2017 Position: Billing Rate: Admin 1: $42.00 Admin 5: $66.00 Drafter 2: $50.00 Drafter 5: $82.00 Engineer Specialist 1: $120.00 Engineer Specialist 2: $149.00 EIT Engineer 1: $95.00 Engineer 8: $177.00 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 CERTIFICATE OF LIABILITY INSURANCE DATE ' 1U//03/03/2001717 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 CON ACT NAmEHillary Bryant McLaughlin Brunson Insurance Agency PHONE FAX 12801 N. Central Expressway A/c No Ext: (2 14) 503-1212 AIC No:(214) 503-8899 Suite 1710 E-MAIL Dallas TX 75243 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:AXIS Insurance Company 37273 INSURED INSURER B:Hartford Lloyds Insurance Co. 38253 Azcarate & Assoc. Consulting Engineers, LLC INSURERC:Hartford Ins. Co, of Midwest 37478 7920 Belt Line Rd #350 INSURER D: Dallas TX 75254 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 34333 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 ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER M DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED B X COMMERCIAL GENERAL LIABILITY Y Y 46SBAVF5630 01/01/2017 01/01/2018 PREMISES Ea occurrence $ 1,000,000 CLAIMS-MADE FOOCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENI AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 2,000,000 17- POLICYX PROT- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 B ANY AUTO Y Y 46SBAVF5630 01/01/2017 01/01/2018 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB OCCUR y y EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION YIN y 46WBCN06756 01/01/2017 01/01/2018 X T CYTAiT- OTH- AND EMPLOYERS'LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liability Y DP002032-01-2016 12/22/201612/22/2017 Per Claim/ $ 2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. Thirty (30) day notice of cancellation in favor of certifcate holder on all policies.The City of Fort Worth is named as an additional insured on the general, auto and umbrella liability coverage as required by written contract. A waiver of subrogation is shown in favor of the additional insured on all policies as required by written contract. RE: Village Creek Plant Energy Measurement and Verification Report Review CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth Water Department Attn: Mr. Chris Harder. P.E. 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 1