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HomeMy WebLinkAboutContract 48225 (ITY SREpCrRET YCONTNO. ZZ� CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and WATER QUALITY & TREATMENT SOLUTIONS, Inc., a California Corporation authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Fort Worth Water System Corrosion Control Evaluation and Update. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with the Fort Worth Water System Corrosion Control and Evaluation Update. (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 $43,800.00 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. LOFFICIAL 6JECORD City of Fort Worth,Texas Standard Agreement for Professional Services CRETARY'Revision Date:9/24/2014 ��+ppyyPage 1 of 8 RTHo B- Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of One Year, beginning upon the date of its execution, or until the 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 its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent 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, that are in force during the Term of this Agreement. 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) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and reimburse cost of defense of the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 2 of 8 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 $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverages 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, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation 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:9/24/2014 Page 3 of 8 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. i. 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) City may terminate this Agreement for its convenience on 30 days' written notice. 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 does not City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, 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 2 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:9/24/2014 Page 5 of 8 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 during the term of the Agreement 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. Form 1295 Certification No. . N/A 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 6 of 8 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. 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: Fort Worth Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: WQTS, Inc. Attn: Issam Najm 2108 Osborne Street, Suite 1 Canoga Park, CA 91304 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:9/24/2014 Page 7 of 8 Article XVII 5 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. Executed and effective this the kday of d, 24V ' BY: BY: CITY OF FORT WORTH Water Quality & Treatment Solutions, Inc. Jesus J. Chapa Issam Najm, P .D., P.E., BCEE Assistant City Manager President Date: / 'GAS V Date: August 30, 2016 APPROVAL RECOMMENDED: i By: �} hn Rob-eh Carman / Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C No.: N/A By: M&C Date: N/A Douglas W. Black Assistant City Attorney ATTEST: � o p�0 0 ' o aJ./ s r City Se ary 0000800 r EOFFICIALEC®R®City of FortWorth,Texas ETARYStandard Agreement for Professional Services Revision Date:9/24/2014 H9 Ty- Page 8 of 8 Attachment A Corrosion Control Evaluation Scope of Work August 12, 2016 Project Understanding The City of Fort Worth owns and operates five water treatment plants with a total treatment capacity of 497 MGD.The water department uses water from seven sources: Lake Bridgeport,Eagle Mountain Lake, Lake Worth, Cedar Creek Reservoir, Richland-Chambers Reservoir, Benbrook Lake and the Clear Fork Trinity River. The five treatment plants are conventional plants with some treatment differences between plants. The Holly North and South Treatment Plants have a combined capacity of 180 MGD; the Rolling Hills Plant has a capacity of 200 MGD; and the Eagle Mountain Plant has a capacity of 105 MGD. The newest plant, Westside, was constructed in 2012 using microfiltration membranes and has a capacity of 12 MGD. The Water Department provides retail water service in the city of Fort Worth and also has 30 wholesale customers. In 1994, the Fort Worth Water Department completed a "Lead and Copper Rule Desktop Evaluation". The study's recommended treatment strategy was to continue the practice of raising the coagulation pH to 8.0 while using ferric sulfate, or adjusting the pH after filtration when alum was used until the performance could be fully evaluated at lower pH conditions. A "Corrosion Control Study Update"was then completed in January 2009 in response to a request from the Texas Commission on Environmental Quality (TCEQ). The objective was to determine if the corrosion control strategy at the time was effective. The 2009 study evaluated corrosion potential at the four existing treatment facilities using the RTW Model. In March 2013, the Westside Plant was converted from using ferric sulfate to polyaluminum chloride (PACT). Subsequently, the Rolling Hills Plant was switched from using ferric sulfate and lime to PACT and caustic in October 2013,and the Eagle Mountain Plant was converted in December 2014. In 2015,the 90th percentile lead result was 6.3 µg/L,which was slightly higher than the 2012 sampling results. However, it was not certain if the change in coagulant and pH adjustment chemical were a factor in the change in lead results. On February 3, 2016, the Fort Worth Water Department submitted a request to the TCEQ for long term utilization of PACT in place of ferric sulfate at the Rolling Hills,Westside and Eagle Mountain Water Treatment Plants. The request was approved. However, on July 18, 2016, the Rolling Hills plant was converted back to ferric sulfate and lime,due mostly to the literature suggesting a correlation between the CSMR and corrosion. Table 1 presents lead and copper data results from 2002 through 2015. The 90th percentile value for lead has ranged from 2.4 µg/L in 2005 to 6.3 µg/L in 2015.For each year in which sampling was conducted, 0 to 2 samples have exceeded the action level of 15 µg/l,for lead. In June and July 2016, Fort Worth collected home tap samples from 23 homes in the LCR sample pool. The 90th percentile value for these 23 homes was approximately 3 µg/L. WQTS,Inc. Page 1 of 4 City of Forth Worth Corrosion Control Evaluation Table 1-Fort Worth Water Department Lead and Copper Results Lead Copper 90th percentile #of sites exceeding 90th percentile # of sites exceeding Year value (µg/L) action level value (mg/L) action level 2015 6.3 1 0.78 1 2012 4.5 2 0.51 0 2009 4.9 1 0.39 0 2005 2.4 0 0.457 0 2002 3.9 1 0.395 0 The Fort Worth school district conducted testing of water from school district water fountains (that were not part of the LCR sampling pool) and found that lead levels exceeded the action level of 15 pg/L in some samples. It was also determined that some fountains contained lead components, which could be a source of lead at those locations. The school district is replacing several hundred fountains to address the issue. The Fort Worth Water Department estimates that there are 4,000 to 8,000 lead service lines in the city. Since 2004,as many as 4,082 lead service lines have been replaced as part of field maintenance activities. Currently, the Department is conducting a project to obtain GPS coordinates for every meter in the city. As the GPS coordinates are being mapped, staff is recording if the service line to the customer is lead and also if the premise plumbing has lead pipes. Proposed Scope of Work This section describes the specific tasks and activities proposed to meet the project objective of assessing corrosivity in the Fort Worth treated waters.These tasks are as follows: Task 1 -Data Request and Acquisition Task 2-Project Kick-off Meeting Task 3- Water Quality Data Analysis Task 4-Corrosion Control Effectiveness Evaluation Task 5-Draft and Final Desktop Study Task 1 -Data Request and Acquisition WQTS will prepare and submit a written request for data to supplement the information already provided. The Fort Worth Water Department already provided the results for the lead and copper home tap monitoring from 2005, 2009, 2012 and 2015. Fort Worth also provided monthly water quality data for the treatment plant effluents from 2013 through 2015 and copies of the 1994 corrosion study and 2009 update, which WQTS will fully review. WQTS will obtain source water WQTS,Inc. Page 2 of 4 City of Forth Worth Corrosion Control Evaluation lead levels and water quality data for source water and treatment plant effluents from each of the five treatment plants. WQTS will obtain from the Fort Worth Water Department additional distribution system water quality parameter monitoring results for the period of study (pH, alkalinity,TDS, calcium,total hardness,temperature, chloride and sulfate). If the water department has a calibrated hydraulic model of the distribution system,WQTS will work with Fort Worth Water Department staff to evaluate the likely source of treated water for individual homes in the LCR sample pool. As needed, WQTS will request operational and chemical dosing information for each treatment plant and data on distribution system piping materials will be obtained if these materials have changed since the initial corrosion studies were performed. Lastly, WQTS will request water quality data on wholesale customer systems as appropriate. Task 2 -Project Kick-off Meeting WQTS will coordinate with the Fort Worth Water Department Project Manager to schedule and hold the project kick-off meeting within one month of the Notice to Proceed.WQTS will prepare an agenda for the meeting and after the meeting has been held, WQTS will prepare and distribute meeting minutes. During the kick-off meeting, WQTS will present an overview of the objectives of the desktop study, review existing data, and discuss data acquisition from Task 1. WQTS will also review the project schedule. Task 3 -Water Quality Data Analysis WQTS will compile and organize all of the water quality data using Microsoft Excel. Using the provided lead and copper tap water monitoring results, and the water quality data identified and collected in Task 1, WQTS will conduct an assessment of the corrosivity of the Fort Worth Water Department's treated water. This analysis will include an evaluation of the monthly corrosion indices (e.g.,LSI,modified Larson ratio,Aggressiveness Index,and the Ryzner Stability Index)based on data provided by the Fort Worth Water Department. The analysis will include an evaluation of chemical addition within each treatment plant and the impact of those chemicals on water quality and corrosivity. Specific focus will be given to the CSMR and its potential impact on corrosivity under past and current treatment conditions to assess whether the CSMR may be a contributing factor to the 90th percentile lead concentrations. Task 4-Corrosion Control Effectiveness The Fort Worth Water Department currently uses pH adjustment for corrosion control. Based on the information developed in Tasks 1 through 3,WQTS will evaluate the effectiveness of the current treatment and its impact on the corrosivity of the water and the observed lead and copper home tap results. WQTS will provide its opinion as to the potential impacts of current treatment processes and as supported by the evaluation, provide recommendations on any treatment modifications. WQTS,Inc. Page 3 of 4 City of Forth Worth Corrosion Control Evaluation Task 5 -Draft and Final Desktop Study WQTS will compile information and results in a draft Desktop Study.After review of existing data,it may be determined that additional data are necessary for a full evaluation of the Fort Worth system. If this is the case, as part of the draft desktop study, WQTS will recommend a sampling program along with an associated schedule and cost for this data collection. The draft Desktop Study will be submitted to the Fort Worth Water Department for review and comment.Two weeks after submitting the draft Desktop Study,we will schedule and hold a meeting with Fort Worth staff to present and review the draft desktop study and obtain and address comments.Within two weeks of meeting with the Fort Worth Water Department staff and obtaining comments on the draft desktop study,WQTS will incorporate changes and comments and will submit five hard copies of a final Desktop Study. WQTS,Inc. Page 4 of 4 ATTACHMENT "B" SCHEDULE AND BUDGET WQTS anticipates completing the study and submitting the report to the City within four months of receipt of notice-to-proceed from the City. The following table presents an itemized cost estimate to prepare the desktop study. The total cost is projected at $43,800, which includes all labor and non-labor costs. Task Cost 1. Data Re uest&Acquisition $5,850 2. Kick-off Meeting $9,570 3. Water Quality Data Analysis $10,580 4. Corrosion Control Effectiveness $4,000 5. Draft and Final Desktop Study $13,800 TOTAL $43,800 DATE(M ACC)RoMIDD/YYYY) ® CERTIFICATE OF LIABILITY INSURANCE 8/DATE(M 6 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(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marie Swaney Dealey, Renton&Associates PHONE 626 844-3070 FAX 199 S Los Robles Ave Ste 540 E-MAIL Pasadena, CA 91101 .mswaney@dealeyrenton.com License#0020739 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Travelers Indemnity Co.of Connecti 25682 INSURED WATERQUAL INSURER B:Travelers Property Casualty Co of A 25674 Water Quality&Treatment Solutions Inc INSURERC:Hartford Ins. Co of Midwest 37478 21018 Osborne St., Ste 1 INSURER D:U.S. Specialty Insurance Company 29599 Canoga Park, CA 91304 818 366-8340 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:478080768 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 ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y 68093681-424 2/17/2016 2/17/2017 EACH OCCURRENCE $2,000,000 X❑OCCUR DAMAGES(RENTED CLAIMS-MADE PREMISES Ea occurrence) $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 X XCU Included PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY a PRO- JECT [:]LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y BA6F507680 2/17/2016 2/17/2017 COMBINED INGLE LIMIT $ Ea accidentS1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 60DILYINJURY(Per accident) $ AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident X NoOwnedAutos $ B X UMBRELLA LIAB X OCCUR Y Y CUP9C459893 2/17/2016 2/17/2017 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X I RETENTION$0 $ C WORKERS COMPENSATION Y 72WEGZH2450 2/17/2016 2/17/2017 X PEROTH- AND EMPLOYERS'LIABILITY Y/N STATUTE .. ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEd$1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT 1$1,000,000 D Professional Liability USS1626479 2/28/2016 2/28/2017 $2,000,000 Per Claim Claims Made Form $2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Insured does not own any company autos;therefore, hired/non-owned auto is the maximum coverage that applies. Umbrella policy is a follow-form to underlying General/Hired& Non-Owned Auto/Employers Liability Policies. Re:All operations of the named insured-City of Fort Worth, its officers,employees and servants are named as additional insureds as respects general and hired/non-owned auto liability for claims arising from the operations of the named insured as required per written contract or agreement. Coverage afforded the additional insured is primary and non-contributory as respects to general liability coverage. Coverage afforded the additional insured is primary as respects to auto liability coverage. Insurance coverage includes waiver of subrogation See Attached... CERTIFICATE HOLDER CANCELLATION 30 Day NOC/10 Day for NonPay of Prem Cit of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Fort Worth Water Department ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Street Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: WATERQUAL LOC#: A ©' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Dealey, Renton&Associates Water Quality&Treatment Solutions Inc 21018 Osborne St., Ste 1 POLICY NUMBER Canoga Park, CA 91304 818 366-8340 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE per the attached endorsement(s). SEE CANCELLATION SECTION of Certificate for 30 Day Notice of Cancellation/10 Day for Non-Payment of Premium. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6809368L424 COMMERICAL GENERAL LIABILITY ISSUE DATE:8/30/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Fort Worth Attn: Fort Worth Water Department 1000 Throckmorton Street Fort Worth TX 76102 PROJECT/LOCATION OF COVERED OPERATIONS: Re: All operations of the named insured - City of Fort Worth, its officers, employees and servants. PROVISIONS A The following is added to WHO IS AN INSURED The insurance provided to such additional (Section II): insured is limited as follows: The person or organization shown in the Sched- ule above is an additional insured on this Cover- d. This insurance does not apply to the render- age Part, but only with respect to liability for bod- ing of or failure to render any "professional ily injury", 'property damage" or 'personal injury services". caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on e. The limits of insurance afforded to the addi- your behalf: tional insured shall be the limits which you agreed in that'contract or agreement requir- a. In the performance of your ongoing oper- ing insurance" to provide for that additional ations; insured, or the limits shown in the Declarations for this Coverage Part, b. In connection with premises owned by or whichever are less. This endorsement does rented to you;or not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111)for C. In connection with your work and included this Coverage Part. within the "products-completed operations hazard." B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL Such person or organization does not qualify as LIABILITY CONDITIONS(Section IV): an additional insured for"bodily injury", "property However, if you specifically agree in a contract or damage"or"personal injury'for which that person agreement requiring insurance that, for the addi- or organization has assumed liability in a contract tional insured shown in the Schedule, the insur- or agreement. ance provided to that additional insured under this CG D3 82 09 07 Page t ©2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc.,with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary injury" arising out of"your work" on or for the basis, or a primary and non-contributory project, or at the location, shown in the basis, this insurance is primary to other Schedule above, performed by you, or on insurance that is available to such additional your behalf, under a "contract or agreement insured which covers such additional insured requiring insurance" with that additional as a named insured, and we will not share insured. We waive these rights only where with the other insurance, provided that: you have agreed to do so as part of the "contract or agreement requiring insurance" (1) The "bodily injury" or "property damage" with that additional insured entered into by for which coverage is sought occurs; you before, and in effect when, the "bodily and injury" or "property damage" occurs, or the "personal injury" offense is committed. (2) The "personal injury" for which coverage is sought arises out of an offense D. The following definition is added to committed; DEFINITIONS (Section V): after you have entered into that "contract or "Contract or agreement requiring insurance" agreement requiring insurance" for such means that part of any contract or additional insured. But this insurance still is agreement under which you are required to excess over valid and collectible other include the person or organization shown in insurance, whether primary, excess, the Schedule as an additional insured on contingent or on any other basis, that is this Coverage Part, provided that the "bodily available to the additional insured when the injury" and "property damage" occurs, and additional insured is also an additional the "personal injury" is caused by an offense insured under any other insurance. committed: C. The following is added to Paragraph 8. a. After you have entered into that contract Transfer Of Rights Of Recovery Against or agreement; Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): b. While that part of the contract or agreement is in effect; and We waive any rights of recovery we may have against the additional insured shown in c. Before the end of the policy period. the Schedule above because of payments we make for "bodily injury", "property damage" or"personal CG D3 82 09 07 Page 2 ©2007 The Travelers Companies,Inc. Includes the copyrighted material of Insurance Services Office Inc.,with its permission POLICY#:BA6F507680 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s)who are"insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 2/17/2016 Countersigned By: Named Insured: Water Quality & Treatment Solutions Inc Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Re: All operations of the named insured - City of Fort Worth, its officers, employees and servants. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Policy#BA6F507680 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- required of you by a written contract executed ment, the provisions of the Coverage Form apply prior to any "accident" or 'loss", provided that the unless modified by the endorsement. "accident" or 'loss" arises out of the operations Paragraph 5. Transfer of Rights Of Recovery contemplated by such contract. The waiver ap- Against Others To Us of the CONDITIONS section plies only to the person or organization desig- is replaced by the following: Hated in such contract. 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent CA T3 40 08 08 ©2008 The Travelers Companies,Inc_ Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: 72 WEG ZH2450 Endorsement Number: Effective Date: 02/17/16 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: WATER QUALITY & TREATMENT SOLUTIONS, INC. 21018 OSBORNE ST STE 1 CANOGA PARK, CA 91304 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: INDEX SUBJECT PAGE SUBJECT PAGE SECTION 1 2 B. Part One Does Not Apply 3 PARTS ONE and TWO 2 C. Application of Coverage 3 01 We Will Also Pay 2 D. Additional Exclusions 3 PART-THREE 2 E. West Virginia 3 02 How This Insurance Works 2 EXTENDED OPTIONS 4 PART-SIX 2 01 Employers' Liability Insurance 4 03 Transfer of Your Rights and Duties 2 02 Unintentional Failure to Disclose 4 04 Liberalization 2 Hazards SECTION II 2 03 Waiver of Our Right to Recover from 4 VOLUNTARY COMPENSATION INSURANCE 2 Others 05 Voluntary Compensation Insurance 04 Foreign Voluntary Compensation 4 A. How This Insurance Applies 2 A. How This Reimbursement Applies 4 B. We Will Pay 2 B. We Will Reimburse 4 C. Exclusions 3 C. Exclusions 4 D. Before We Pay 3 D. Before We Pay 5 E. Recovery From Others 3 E. Recovery From Others 5 F. Employers' Liability Insurance 3 F. Reimbursement For Actual Loss 5 EMPLOYERS'LIABILITY STOP GAP 3 Sustained ENDORSEMENT 3 G. Repatriation 5 06 Employers' Liability Stop Gap H. Endemic Disease 5 Coverage 3 05 Longshore and Harbor Workers' 5 A. Stop Gap Coverage Limited to Compensation Act Coverage Montana, North Dakota, Ohio, 3 Endorsement Washington, West Virginia and SECTION 111 6 Wyoming 01 Schedule of Covered States 6 Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 1 of 6 Process Date: 02/01/16 Policy Expiration Date: 02/17/17 ©2000, The Hartford SECTION I PARTS ONE and TWO PART THREE 1. WE WILL ALSO PAY 2. How This Insurance Applies D. We Will Also Pay of Part One (WORKERS' Paragraph 4. of A. How This Insurance Applies COMPENSATION INSURANCE); and of Part 3 (Other States Insurance) is replaced by E. We Will Also Pay of Part Two (EMPLOYERS' the following: LIABILITY INSURANCE) is replaced by the 4. If you have work on the effective date of this following: policy in any state not listed in Item 3.A. of the Information Page, coverage will not be We Will Also Pay afforded for that state unless we are notified We will also pay these costs, in addition to within sixty days, other amounts payable under this insurance, as part of any claim, proceeding, or suit we PART SIX defend: 3. Transfer Of Your Rights and Duties 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: 2. premiums for bonds to release attachments and for appeal bonds in bond Your rights or duties under this policy may not amounts up to the limit of our liability be transferred without our written consent. under this insurance; If you die and we receive notice within sixty 3. litigation costs taxed against you; days after your death, we will cover your legal 4. interest on a judgment as required by law representative as insured, until we offer the amount due under this 4. Liberalization law; and If we adopt a change in this form that would 5. expenses we incur. broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION 11 VOLUNTARY COMPENSATION AND EMPLOYERS' 3. The bodily injury must occur in the United LIABILITY COVERAGE States of America, its territories or 5. Voluntary Compensation Insurance possessions, or Canada, and may occur elsewhere if the employee is a United A. How This Insurance Applies States or Canadian citizen, or otherwise This insurance applies to bodily injury by legal resident, and legally employed, in the accident or bodily injury by disease. Bodily United States or Canada and temporarily injury includes resulting death, away from those places. 1. The bodily injury must be sustained by any 4. Bodily injury by accident must occur officer or employee not subject to the during the policy period. workers' compensation law of any state 5. Bodily injury by disease must be caused shown in Item 3.A. of the Information or aggravated by the conditions of the Page. 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3.A, of the Information Page. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 2 of 6 officer's or employee's employment. The If the persons entitled to the benefits of this officer's or employee's last day of last insurance make a recovery from others, they exposure to the conditions causing or must reimburse us for the benefits we paid aggravating such bodily injury by disease them. must occur during the policy period. F. Employers' Liability Insurance B. We Will Pay Part Two (Employers' Liability Insurance) We will pay an amount equal to the benefits applies to bodily injury covered by this that would be required of you as if you and endorsement as though the State of your employees were subject to the workers' Employment was shown in Item 3.A. of the compensation law of any state shown in Item Information Page. 3.A. of the Information Page. We will pay This provision 5. does not apply in New Jersey or those amounts to the persons who would be Wisconsin, entitled to them under the law. EMPLOYERS'LIABILITY STOP GAP COVERAGE C. Exclusion 6. Employers' Liability Stop Gap Coverage This insurance does not cover: A. This coverage only applies in Montana, North 1. any obligation imposed by workers' Dakota, Ohio, Washington, West Virginia and compensation or occupational disease law Wyoming. or any similar law. B. Part One (Workers' Compensation Insurance) 2. bodily injury intentionally caused or does not apply to work in states shown in aggravated by you. Paragraph A above. 3. officers or employees who have elected C. Part Two (Employers' Liability Insurance) not to be subject to the state workers' applies in the states, shown in Paragraph A., compensation law. as though they were shown in Item 3.A. of the 4. partners or sole proprietors not covered Information Page. under the Standard Sole Proprietors, D. Part Two, Section C. Exclusions is changed Partners, Officers and Others Coverage by adding these exclusions. Endorsement. D. Before We Pay This insurance does not cover; 5, bodily injury intentionally caused or Before we pay benefits to the persons entitled aggravated by you or in Ohio bodily injury to them, they must: resulting from an act which is determined 1. Release you and us, in writing, of all by an Ohio court of law to have been responsibility for the injury or death, committed by you with the belief than an 2. Transfer to us their right to recover from injury is substantially certain to occur. others who may be responsible for the However, the cost of defending such injury or death. claims or suits in Ohio is covered. 3. Cooperate with us and do everything 13. bodily injury sustained by any member of necessary to enable us to enforce the right the flying crew of any aircraft. to recover from others. 14. any claim for bodily injury with respect to If the persons entitled to the benefits of this which you are deprived of any defense or insurance fail to do those things, our duty to defenses or are otherwise subject to pay ends at once. If they claim damages from penalty because of default in premium you or from us for the injury or death, our duty under the provisions of the workers' to pay ends at once, compensation law or laws of a state E. Recovery From Others shown in Paragraph A. E. This insurance applies to damages for which If we make a recovery from others, we will you are liable under West Virginia Code Annot. keep an amount equal to our expenses of S23-4-2. recovery and the benefits we paid. We will pay the balance to the persons entitled to it. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6 EXTENDED OPTIONS 1. Employers' Liability Insurance 4. Foreign Voluntary Compensation and Item 3.13. of the Information Page is replaced by Employers' Liability Reimbursement the following: A. How This Reimbursement Applies B. Employers'Liability Insurance: This reimbursement provision applies to bodily 1. Part Two of the policy applies to work in injury by accident or bodily injury by disease. each state listed in Item 3.A. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an The Limits of Liability under Part Two are officer or employee, the higher of: 2. The bodily injury must occur in the course of employment necessary or incidental to Bodily Injury work in a country not listed in Exclusion by Accident $500,000 Each Accident C.1. of this provision. 3. Bodily injury by accident must occur Bodily Injury during the policy period. by Disease $500,000 Policy Limit 4. Bodily injury by disease must be caused or aggravated by the conditions of your Bodily Injury employment. The officer or employee's by Disease $500,000 Each Employee last exposure to those conditions of your employment must occur during the policy OR period. B. We Will Reimburse 2. The amount shown in the Information We will reimburse you for all amounts paid by Page, you whether such amounts are: This provision 1 of EXTENDED OPTIONS does not 1. voluntary payments for the benefits that apply in New York because the Limits Of Our would be required of you if you and your Liability are unlimited. officers or employees were subject to any In this provision the limits are changed from workers' compensation law of the state of $500,000 to$1,000,000 in California. hire of the individual employee. 2. Unintentional Failure to Disclose Hazards 2. sums to which Part Two (Employers' If you unintentionally should fail to disclose all Liability Insurance) would apply if the existing hazards at the inception date of your Country of Employment were shown in policy, we shall not deny coverage under this Item 3.A. of the Information Page. policy because of such failure. C. Exclusions 3. Waiver of Our Right To Recover From Others This insurance does not cover: A. We have the right to recover our payments 1. any occurrences in the United States, from anyone liable for an injury covered by this Canada, and any country or jurisdiction policy. We will not enforce our right against which is the subject of trade or economic any person or organization for whom you sanctions imposed by the laws or perform work under a written contract that regulations of the United States of requires you to obtain this agreement from us. America in effect as of the inception date This agreement shall not operate directly or of this policy. indirectly to benefit anyone not named in the 2. any obligation imposed by a workers' agreement. compensation or occupational disease B. This provision 3. does not apply in the states law, or similar law. of Pennsylvania and Utah. 3. bodily injury intentionally caused or aggravated by you. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 4 of 6 4. liability for any consequence, whether of America necessarily incurred as a direct direct or indirect, of war, invasion, act of result of bodily injury. Foreign enemy, hostilities (whether war be Our reimbursement shall be limited as follows: declared or not), civil war, rebellion, revolution, insurrection or military or 1. to the amount by which such expenses usurped power. No endorsement now or exceed the normal cost of returning the subsequently attached to this policy shall officer or employee if in good health, or be construed as overriding or waiving this 2. in the event of death, to the amount by limitation unless specific reference is which such expenses exceed the normal made thereto. cost of returning the officer or employee if D. Before We Pay alive and in good health. Before we reimburse you for the benefits to the In no event shall our reimbursement exceed persons entitled to them, you must have them: the bodily injury by accident limit shown in Item 3.13. of the Information Page as respects 1. release you and us, in writing, of all any one such officer or employee whether responsibility for the injury or death, dead or alive. 2. transfer to us their right to recover from H. Endemic Disease others who may be responsible for their injury or death, The word "disease" includes any endemic diseases. 3. cooperate with us and do everything necessary to enable us to enforce the right The coverage applies as if endemic diseases to recover from others. were included in the provisions of the workers' If the persons entitled to the benefits paid fail compensation law. to do these things, our duty to reimburse ends 5. Longshore and Harbor Workers' Compensation at once. If they claim damages from us for the Act Coverage injury or death, our duty to reimburse ends at General Section C. Workers' Compensation once. Law is replaced by the following: E. Recovery From Others C. Workers'Compensation Law If we make a recovery from others, we will Workers' Compensation Law means the keep an amount equal to our expenses of workers or workers' compensation law and recovery and the benefits we reimbursed. We occupational disease law of each state or will pay the balance to the persons entitled to territory named in Item 3.A. of the Information it. If persons entitled to the benefits make a Page and the Longshore and Harbor Workers' recovery from others, they must repay us for Compensation Act (33 USC Sections 901- the amounts that we have reimbursed you. 950). It includes any amendments to those F. Reimbursement for Actual Loss Sustained laws that are in effect during the policy period. This endorsement provides only for It does not include any other federal workers reimbursement for the loss you actually or workers' compensation law, other federal sustain. In order for you to recover loss or occupational disease law or the provisions of expenses under this reimbursement you must: any law that provide nonoccupational disability benefits. 1. actually sustain and pay the loss or Part Two (Employers' Liability Insurance), C. expense in money after trial, or Exclusions, exclusion 8, does not apply to 2. secure our consent for the payment of the work subject to the Longshore and Harbor loss or expense. Workers' Compensation Act. G. Repatriation This coverage does not apply to work subject Our reimbursement includes the additional to the Defense Base Act, the Outer expenses of repatriation to the United States Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 5 of 6 SECTION III 1. SCHEDULE OF COVERED STATES B. If a state, shown in Item 3.A. of the Information A. This endorsement only applies in the states Page, approves this endorsement after the listed in this Schedule of Covered States. effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. C. Schedule of Covered States: CA Countersigned by Authorized Representative Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 6 of 6