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HomeMy WebLinkAboutContract 41214 CITY SECRETARY CONTRACT NO. I oZ I STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant County, Texas, hereinafter called "CITY", acting herein by and through its duly authorized Assistant City Manager, and Kinsman and Associates, hereinafter called "ENGINEER" for the purpose of providing professional services for the third-party independent review of the Phase VI(b) Energy Savings Performance Contract(ESPC)proposal of Johnson Controls, Inc(JCI). WITNESSETH That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenant and agree as follows: SECTION 1: SERVICES OF THE ENGINEER 1. CITY hereby contracts with ENGINEER as an independent contractor, and ENGINEER hereby agrees to perform, within the professional standards normally accepted in the State of Texas, the following professional services: 1.1. Proposed project descriptions are accurate and correlate with on-site observations 1.2. Proposed projects are appropriate solutions to existing conditions 1.3. Methods of calculating savings are reasonable and accurate to accepted standards 1.4. Project savings estimates are obtainable 1.5. Project costs are reasonable and cost/benefits are in balance 1.6. The measurement and verification method proposed is applicable and adequate 1.7. The technical interest of CITY is protected in the contract documents 2. Project scope of work for the above professional services,as defined by JCIs Utility Assessment Report (UAR) dated 19 November 2010 and in accordance with Texas State Energy Conservation Office (SECO)recommendations, is as follows: 2.1. Facility Benchmarking 2.2. Building Efficiency Specialist 2.3. Energy Efficient Parking Lot Lighting 2.4. High Performance Building Initiatives/Greening of Fort Worth Convention Center and Central Library 2.5. Renewable Energy Initiatives/Solar Renewable Energy 3. CITY facilities count and department distribution for the above professional services, as defined by JCls Utility Assessment Report(UAR)dated 19 November 2010, is as follows: 3.1. 1 -Public Events (025.PED) 3.2. 1 -Transportation& Public Works(020.T/PWD) 3.3. 6 -Public Library(084.DPL) 3.4. 19-Parks&Community Services(080.PCSD) --- - OFFICiAL RF.(;')RD I CITY SK'CAETA -f I 192.168.7.5],project files'.FW-0TCoFW-Kinsman ESP(: Phase 6(b)_Draft.docl212'2010 Page 1 of 8 SECTION 1I: PERSONNEL I. The following personnel will be assigned to this Project: 1.1. James Masters,Conservation Specialist,City of Fort Worth 1.2. Sam Steele,Sustainabiiity Administrator,City of Fort Worth 13. Frank Kinsman,Bovice l-an-ar and Charles Clark Kinsman&Associates 2. Neither party may change key personnel without agreement by the other party. SECTION III: CHARACTER&EXTENT OF ENGINEER'S SERVICES I. Perform services as outlined in E.'NGINEEWs letter dated 24 November 2010,which is attached to and made a part of this Agreement. ENGINEER shall consult with CITY to clarify and define CITY's requirements relative to the assignments and review available data. 2. The schedule for the Project is: 2.1, Complete all services within 21 work days following receipt of Notice to Proceed. 3. ENGINEER agrees to commit the personnel to each assignment as necessary, in order to complete the assignment in an expeditious manner. 4. ENGINEER shall advise CITY as to the necessity of CITY's providing or obtaining from others services and data required in connection with the Assignment at CITY's cost and expense (which services and data ENGINEER is not to provide hereunder but on which ENGINEER may rely in performing services hereunder), and act as CITY's representative in connection with any such services of others. 7. ENGINEER shall pay for the printing of documents as a part of the proposed fee. SECTION IV: SPECIAL SERVICES OF ENGINEER 1. If authorized in writing by CITY, ENGINEER shall furnish or obtain from others Special Services necessary to complete the assignments at a cost stated by the Facility Manager by letter. SEC"TION V: COMPENSA'T'ION TO ENGINEER 1. The total compensation for all of the assi,n.ments to be performed by ENGINEER as described in SECTION III,CHARACTER&EXTENT of ENGINEER'S SERVICES hereof shall be S21500.00. SECTION VI: METHOD OF PAYMENT 1. ENGINEER shall be paid not more frequently than once per month on the basis of statements prepared from the books and records of account of ENGINEER, such statements to be verified as to accuracy and compliance with the terms of this .Agreement by an officer of ENGINEER. Payment according to statements will be subject to certification by the Director,"Transportation and Public Works Department or his duly authorized representative that such work has been performed. 2. The above charges are on the basis of prompt payment of hills rendered and continuous progress of the work on the Assignment until completion. If CITY fails to make any agreed to payment due ENGINEER for services and out-of-pocket expenses within sixty-days after approval of ENGINEER'S statement thereof, ENGINEER may,after giving seven-days'written notice to CITY. suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services actually performed and out-of-packet expenses actually incurred. `192.168.7.51`prolect 1-iles`�,FW-07'.CoF1k'-Kinsman ESPC Phase 6(b) Draft.doc11 X24 2010 Patc 2 of-8 SECTION VII: CITY RESPONSIBILiTI.ES I. Provide criteria and information as to C:ITY's requirements and designate a person with authority to act on CITY's behalf on all matters concerning the Assignment. 2. Assist ENGINEER in obtaining existing studies,reports and other available data and services of others pertinent to the Assignment and in obtaining additional reports and data as required. 3. Upon reasonable notice arrange for access to and make all provisions for ENGINEER to enter upon public and private property as may be required for ENGINEER to perform services hereunder. 4. Designate in writing qualified persons who will act as CITY's representatives with respect to the Assignment for the purposes of transrnitting instructions, receiving information. interpreting and defining CITY's policies and decisions with respect to ENGINEER's services. >. Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. 6. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make temporary repairs, and to operate mechanical and electrical systems as required by ENGINEER in the services. 7. Provide such legal,accounting, insurance and other counseling services t)CITY as may be required for the Assignment. 8. hear all costs incident to compliance with this Section. SECTION TIO:N V.11I: TERMINATION I. CITY may terminate this Agreement at any time for convenience or for any cause by notice in writing to ENGINEER_ Upon receipt of such notice. ENGINEER shall immediately discontinue all services and wort;and the placing of all orders or the entering into Contracts for supplies, assistance;facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement, 1 If CITY terminates this Agreement under the foregoing paragraph, CITY shall pay ENGINEER .for services performed in accordance herewith prior to such termination, less such payments having been previously made. Such payment shall be based upon the work completed up to the date of termination of the .Agreement in accordance with the method of compensation prescribed in Sections V and VI hereof. ENGINEER shall also be compensated for all termination-related expenses such as meeting attendance,document reproduction,transfer of records. 3. Upon early termination or conclusion of this Agreement,ENGINEER shall provide CITY reproducible copies of all completed or partially completed engineering documents prepared under this Agreement that shall become the property of CITY and may be used by CITY in any manner it desires. ENGINEER shall not be liable for the use of such materials for any project other than the project described in this Agreement. SECTION IX: INDEMNITY AND INSURANCE 1. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of'ENGINEER, its officers, agents, employees and Subconsultants, for the accuracy and competency of the services performed under this Agreement,including but not limited to surveys, location of'subsurface investigations,designs, working,drawings and specifications and other engineering documents. 1 Such approval shall not be deemed to be an assumption of such responsibility and liability by CITY for any negligent act. error or omission in the conduct or preparation of the subsurface investigations. ,)192.168.7 51`:proiect fileseTW-07•.CoPW-Kinsman ESPC Phase 6(b) Draftdocl 1/8C010 Page 3 of 8 surveys, designs, working drawings and specifications and other documents by ENGINEER, its officers,agents,employees and Subconsultants,it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. 3. In this connection ENGINEER shall indemnify and hold CITY and all its officers,agents,servants and employees harmless from any loss,damage, liability or expenses,on account of damage to property and injuries, including death, to all persons, including but not litnited to officers, agents, or employees of ENGINEER or Subcontractor, and all other persons perforrni.ng any part of the work and improvements, which may arise out of any negligent act, error or omission in the performance of E-NGINEER's professional services. In no event shall ENGINEER be liable for consequential damages. 4. ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY. its officers,agents,servants arid employees,or any of them on account thereof,and shall pay all expenses and satisfy all iudameats which may be incurred by or rendered against them arising out or the indemnification; provided and except, however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers,agents,servants or employees harmless from any loss,damages, liability or expense,on account of damage to property or injuries to person caused by defects or deficiencies in design criteria and information furnished ENGINEER by CITY, or any deviation in construction from ENGINEER's designs,working drawings, specifications or other documents. 5. Without limiting the above indemnity,ENGINEER shall maintain a policy of comprehensive general liability"insurance coverage with carriers acceptable to CITY in at least the following amounts: Commercial General Liability: 51,000,000 Per Occurrence $2,000,000 Aggregate Limit Workers Compensation: Coverage A: Statutory limits Coverage B: Employers Liability Insurance $100,000 Each AecidentlEach Occurrence $100,000 Disease per each employee $500,000 Bodily Injury'Disease Policy Limit Automobile Liability: 51,000,000 each accident on a combined single basis OR 5250,000 Property Damage $500,000 Bodily Injury per person per occurrence Professional Liability Insurance Errors and Omissions: SI,000,000 Per occurrence 52,000,000 Project aggregate 6. ENGINEER shall furnish.CITY a Certificate of Insurance in at least the above amounts. Certificate shall contain a provision that such insurance cannot be canceled without 30-days prior written notice to CITY. CITY reserves the right to revise insurance requirements specified in this agreement to the best interests of CITY. 7. General Insurance Requirements 7.1, Commercial General Liability coverage shall be endorsed to name CITY an Additional Insured thereon,as its interests may appear. The term CITY shall include its employees; officers, officials, agents,and volunteers as respects the contracted services. 7.2. Certificate(s) of insurance shall document that insurance coverage specified are provided under applicable policies documented thereon. 192.168.7.51'.project ftles.FW-07�CoF'W-Kinsman ESPC Phase 6(b)_Draft.docl 1'8!2010 Page 4 of 8 7.3. Any failure on part of CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. 7.4. A minimum of forty-five days notice of cancellation, non-renewal or material change in coverage shall be provided to CITY. A ten(10)days notice shall be acceptable in tine event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the Facilities_'Manager, Transportation and Public Works Department, 1000 Throckanorton, .Fort Worth,TX 76102. 7.5. CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's general overhead. 7.6. CITY reserves the right to revise insurance requirements specified in this agreement according to the best interests of CITY. 7.7, Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by CITY;and,such insurers shall be acceptable to CITY in terms of their financial streng h and solvency. 7.8. Deductible limits,or self-insured retentions,affecting insurance required herein may be acceptable to CITY at its sole discretion;and,in lieu of traditional insurance,any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to CITY. 7.9. CITY shall be entitled, upon its request and without incurring expense, to review ENGINEER's insurance policies including endorsements thereto and, at CITY's discretion, ENGINEER may be required to provide proof of insurance premium payments. ',.10.CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's indirect: overhead. 7.11.All insurance. except for the Professional Liability insurance policy, shall be "Titten on an occurrence basis. 1,12,The Professional Liability Policy Shall be written on a"claims made"and shall be in effect for the duration of this agreement and for 12 months following ENt rINEEWs issuance of a Final Report. ENGINEER's current insurer shall list CITY as a certificate holder for a period of two(2)years following the deliven,of a Final Report to the CITY by the.ENGINEER(see SECTION III above for defined deliverables). CITY shall be notified at least 30-days prior to cancellation or substantial change in coverage. 7.13.Subconsultants to ENGINEER shall be required by ENGINEER to maintain the same or reasonably equivalent insurance coverage, except for Professional Liability Insurance, as required for 1'NGIN:FER. ENGINEER shall provide CITY with documentation thereof on certificates of insurance. The ENGINEER shall assure that Subconsultants provide acceptable and appropriate levels of Professional Liability coverage or that ENGINEER's coverage provides coveraf, for the work of the Subconsultant. Notwithstanding anything to the contran contained herein,in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. ]9?_168.7 l,prc.ject files T Vd-0TCoFW-K insman_ESPC Phase 6(b)_Draft.doc 1 1'8 .'010 Pa,-,c i of 8 SECTION X: INDEMNITY PERTAINING TO HAZARDOUS MATERIALS 1. CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment..storage,or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of CITY,CITY agrees in so far as permitted by law, to indemnify ENGINEER from any and all losses; damages, claims, or actions brought by third party or employees of CITY against ENGINEER or ENGINEER's employees, agents, officers, or directors, in any way arising out of the presence of hazardous materials or conditions at CITY's facilities, except for claims shown by final judgment to arise out of the sole negligence of ENGINEER. CITY shall defend at its own expense any suits of other proceedings brought against .ENGINEER and its officers, agents, servants, and employees or any of them on account thereof. Nothing herein shall 3,e construed so as to require CITY to levy or assess any tax. 2. In connection with hazardous waste, including petroleum products, CITY agrees to the maximum extent permitted by law to defend,hold harmless and indemnify ENGINEER.from and against any and all claims and liabilities resulting from CITY's violation of any federal,state or local statute,regulation or ordinance relating to the disposal of hazardous substances or constituents. Nothing herein shall be construed so as to require CITY to leery or assess any tax. ;. The requirements contained in this Section shall not apply if ENGINEER. introduces the hazardous materials or conditions. SECTION XI: RIGHT TO AUDIT I. ENGINEER agrees that CITY shall,until the expiration of three(3)yeas after final payment under this Agreement,have access to and the right to examine any directly pertinent books, documents,papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER 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 ENGINEER reasonable advance notice of intended audits. 1 ENGINEER further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultant agrees that 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 subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant 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 g=ive subconsultant reasonable advance notice of intended audits. 3. ENGINEER and Subconsultants aagree to photocopy such project-related documents as may be requested by CITY. CITY agrees to reimburse:ENGINEER and Subconsultant for the costs of copies at the rate published in the Texas Administrative Code, SECTION X11: SUCCESSORS AND ASSIGNS 1. CITY and INGINEER each bind themselves. their successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. 192.168.751'.project files.F`<4%-01`iCoFW-Kinsman ESPC Phase 6(b) Draft.docl 1r8�2010 Paste 6 of'8 SECTION Xfll: ASSIGNMENT 1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION XIV: INDEPENDENT ENGINEER 1. ENGINEER shall perform all work and services hereunder as an independent Engineer,and not as an officer, agent, servant or employee of CITY. ENGINEER. shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents,employees and Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between CITY and ENGINEER its officers, agents,employees and Subconsultants,and doctrine of respondent superior has no application as between CITY and ENGINEER.. SECTION XVI: OBSERVE AND COMPLY I. If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which ENGINEER should have been aware of at the time this Ag cement was executed, ENGINEER shall revise plans and specifications, as required, at its oust cost and expense. However, if design changes are required due to the changes in the permitting authorities' Published design criteria and,or practice standards criteria which are published after the date of this Agreement which ENGINEER could not have been reasonably aware of ENGINEER shall notify CITY of such changes and an adjustment in compensation will be made through an amendment to this Agreement. SECTION XVII: VENUE 1. Venue of any suitor cause of action.under this Agreement shall lie in Tarrant County,Texas, IN TESTIMONY THEREOF,CITY has caused this instrument to be signedd in triplicate in its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal affixed; and ENGINEER has also properly executed this instrument in. triplicate copies; each of which is deemed an original. EXECUTED IN THE CITY OF FORT WORTH,TEXAS,THIS) day of hLG C.E., 016 I3y: APPROVED:,____ Principal's Name(Franlr.E.Kinsman) Kinsman&Associates. Consulting Engineers Company President Office(President or Vice-President) By: Assistant City Manager l r C j i ;•r. ...p�lp9.R Y#D IO2.168_7.�1 .project tiles`l W-07`.CoFW-Kinsman ESPC'Phase 6(b) Draft.docl 1/812010 .. i Ty APPROVAL RECOMMENDED: RECORDED: By: By: tor,Transportation Ptiblic Works City Secretary Cow -.C;W 44 f oil '000000000 APPROVED AS TO M AND LEGALITY: &0 0 �F 0�' 00 U Date: PA 00 0, By: .0 01 City Aao'nley 0 0000"00000 100 Ic Icy Contract Authorization Date G!I xo CITY lZL."Ppl'hTA,jy P"Ill, TX 142.168.71.5 1'project fi les"FW-07',CoF W-Kmsman-ESPC Phase 6(b)-Draft.doc I 118!2010 Page 8 of 8 KINSMAN&ASSOCIATES, Consulting Engineers Systems Analysis and Design November 24, 2010 Mr. James Masters Conservation Specialist Transportation and Public Works City of Fort Worth 401 West 1-')h Street Fort North,Texas 76102 Dear Mr. Masters: We are hereby proposing to perform a third-party review of documents related to the Phase Vlb performance contract proposal submitted by Johnson Controls, h3ic. to the City of Fort Worth.. We are proposing to perform this service as described below: Our review will include verification of the following: 1. Proposed project descriptions are accurate and correlate with on-site observation. 2. Proposed projects are appropriate solutions to existing conditions. .3 Methods of calculating savings are reasonable and accurate to acceptable standards. 4. Project savings estimates are obtainable. 5. Project costs are reasonable and cost/benefits are in. balance. 6. The measurement and verification method proposed is applicable and adequate. 7. Proposed financial plans meet applicable state code and other applicable guidelines. &. The technical interest of the oNA ner is protected in the contract documents. Even though our review time is dependent on the difficulties we may encounter and responses by the Johnson Controls team, we will provide our best effort to complete our work in 21 working days following notification to proceed. 8533 Ferndale Road Suite 102 Dallas,Texas 75238 Ph ;972)644-7876 -ax ;972)644-33355 wwwAinsmanengineering corn Mr. James Masters Nov ember 24, 2010 P a a,e 21 Our proposed fee for this work- is $212,500.00. If there are any questions regarding this proposal, Nve kN.,oul.d be pleased to respond. Thank you for this opportunity to be of service Sincerely, Frank E. Kinsman President ,/Pt ACCDBD,u CERTIFICATE OF LIABILITY INSURANCE 11/16iz io) PRODUCER (972)581-4800 FAX (972)581-4850 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 16980 Dallas Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75248 INSURERS AFFORDING COVERAGE NAIC#t INSURED Kinsman & Associates, Consulting Engineers INSURER A. Maryland Casualty 8533 Ferndale Rd. iINSURERe Sentinel Ins, Co. ---......._..._......._...—...........—— Suite 102 INSURERC: Hartford Underwriters Dallas, TX 75238 INSURERD: Beazley Ins. Co— Inc. INSURER E' COVERAGES 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,T'H'E NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER` POLICY EFFECTIVE POLICY EXPIRATION LIMFFS GENERAL LIABILITY PASO4263S384 09/26/2010 09/26/2011 EACH OCCURRENCE_ $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DD.AMA c=TO RENTED $ 1,000,00C CLAIMS MADE rX OCCIJ.R MED EXP(Any one person) S � j0,00 A PERSONAL.&ADV INJURY $ 1,000,00C GENERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT'APPLIEES PER 3Pr=IUCTS-COM P/OP AGG S 2,0Q0,00 POLICY FRS LOC JEt.T AUTOMOBILE LIABILITY 46UECPN1417 02/23/2010 02/23/2011 COMBINED SINGLE LIMIT t ANY Auro (Ea axldenl) 1,000,000 ALL ONJNED AL;-OS BODILY INJURY S X SCHIEUUL_DAUTOS Per person) B X I'IIRED A TOS BODILY INJURY $ X I NON-OA4JED AUTOS I`-erg aCOdenl) PROPERTY DAMAGE S (Per accident) GAR AGE LIABILITY i AUTO ONLY-EA ACCIDENT S ANY AUTO I 07 HER THAN EA ACC £ AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MAD E I AGGREGATE S $ DEUUU"ISLE S RETrNTON $ 'S WORKERS COMPENSATION AND 46WECDW7796 10/18/2010 10/18/2011 X voc S-ATU- =R EMPLOYERS'LIABILITY - $ 500,000 C E. ANY PRDFRIETORIPARTNEkfEXECUT!VE EACH AC'IC=_f4T or FICER?MEMBER EXCLUDED? E.L.DISEASE-_A EMPI.'Ol`=.. $ 500,OO If YzS,desonbe under i—..._.._.._—_.._........—__.........._..—...__..—........ S=EC!AL PROVISIONS bebw E.L.DISEASE-POLICY LIMIT 1$ 500,000 �o essional Liability VlSRVR100301 03/13/2010 03/13/2011 $2,000,000 Each Claim D $2,000,000 Aggregate DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is listed as Additional Insured on General Liability as their interests may appear as required by written contract. (10 day for non-payment) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City Of Fort Worth 45* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Facilities Manager BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Throckmorton OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE 113yron Johnson/TERRY ACORD 25(2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) t i Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 511812010 DATE: Tuesday, May 18,2010 REFERENCE NO.: **C-24229 LOG NAME: 20ESPC6BDES SUBJECT: Authorize the Execution of a Project Development Agreement with Johnson Controls, Inc., in the Amount of $351,107.00 to Perform a Detailed Energy Study of Activities Approved by the Department of Energy in Awarding the City's Energy Efficiency and Conservation Block Grant(ALL COUNCIL DISTRICTS) RECOMMENDATION: It Is recommended that the City Council authorize the City Manager to execute a Project Development Agreement with Johnson Controls, Inc., in the amount of$351,107.00 to conduct a Detailed Energy Study of approved activities in the City's Energy Efficiency and Conservation Block Grant awarded by the United States Government's Department of Energy. DISCUSSION: On September 2, 2003, (M&C C-19739)City Council authorized the City's first Energy Savings Performance Contract(ESPC)with Johnson Controls, Inc., (JCi). Subsequently, ESPC Phases 11, 111, IV and V(Section 1)have been approved by Amendments 1,2 and 3 respectively. Each of these projects was developed through the City's Resource Conservation Program after first conducting a Detailed Energy Study(DES).These efforts were undertaken to comply with both Texas Senate Bill 5(77th Legislature, 2001)and Texas Senate Bill S1312(80th Legislature, 2006).These bills seek to improve air quality through reducing electricity by governmental authorities. A reduction of five-percent annually through 2012 is mandated, using 2007 as the baseline year. On May 26,2009, (M&C C-23554)City Council authorized application for and acceptance of a $6,738,300.00 grant from the United States Department of Energy(DOE)through the Energy Efficiency and Conservation Block Grant Formula Program(EECBG). Adoption of Appropriation Ordinance No.18634-05-2009 was also authorized, increasing estimated receipts and appropriations in the City's Grants Fund by$6,738,300.00. Effective with the awarding of the grant on September 28, 200 - Ii),the grant award Assistance Agreement authorizes implementation of specific activities in accordance with the EECBG application's Energy Efficiency and Conservation Strategy(EE&CS). On February 2,2010, (1R No. 9185)City Council was informed of City staffs intention to forward this M&C seeking authorization to execute an agreement to study the potential implementation of an ESPC Phase Vlb project to improve the energy efficiency of General Fund facilities. Note that the previously-approved EECBG agreement effectively provides funding for adoption of this recommended M&C. Planned projects include: • Activity No.1(b): Planning and Strategy Initiative to contract the benchmarking of ESPC project facilities through an EPA Program with a proposed budget of$216,494.00 • Activity No.2:Facility Energy Efficient Operations Improvement Initiative to contract the expansion of an existing on-site City ESPC Building Efficiency Specialist with a proposed budget of$216,494.00 • Activity No.4(b): Lighting Improvement Initiatives to contract energy efficient/solar lighting pilots at 22 City parking lots and an energy efficient lighting pilot at one City parking garage with a proposed budget of$779,396.00 http://apps.cfwnet.org/ecouncil/printme.asp?id=13307&print=true&DocType=Print 5/19/2010 i Page 2 of 2 • Activity No. 5: High-Performance Building Initiative to contract the"Greening"of both the Fort Worth Convention Center and the downtown Central Library with a proposed budget of$346,391.00 • Activity No. 9: Renewable Energy Initiatives to contract solar water-heating pilots at three City community centers and solar photo-voltaic power pilots at five City library and parks facilities with a proposed budget of$779,381.00 The total JCI contract amount for the recommended Detailed Energy Study(DES)is$351,107.00 and includes all work necessary through City Fiscal Year 2009-2010(EECBG budget period one)for the above-referenced and approved EECBG activities. It is the expressed interest of City staff to utilize the City's current ESPC with JCI to implement the remaining work necessary to complete these EECBG activities through budget periods two and three under a Phase VIb Amendment, pending the results of the recommended DES. This approach has been submitted to and approved by the DOE. This grant-funded project requires no matching funds or cost sharing. Johnson Controls, Inc., is in compliance with the City's DBE Ordinance by committing to 15 percent DBE participation on this project.The City's DBE goal on this project is 15 percent. The City facilities included in the study are located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated,of the Grants Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/AccountlCenters GR76 531200 020484371170 $121.826.00 GR76 531200 020484371270 149.557.00 GR76 531200 020484371470 $38.121.00 GR76 531200 020484371570 $96.974.00 GR76 531200 020484371970 $44.629.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Verkest (7801) Additional Information Contact: Glenn Balog (2028) ATTACHMENTS 1. Available Funds 484371.doc (CFW Internal) 2. DBE(2).pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=l 3307&print---true&DocType--Print 5/19/2010 t r, CITY OF FORT WORTH CONTRACT COMPLIANCE MEMORANDUM THIS FORM MUST 13E ATTACHED TO THE ROUTING "M&C" BEFORE LEGAL AND CITY MANAGER APPROVAL To: Sam Steele (underline appropriate on Prd c Mana er Buyer Department Director From: P Jean Wilson $509 MMlBE Office Staff Extension Date: A rill 15 2010 In the Amount of. 351.107.00 TPW-2010-05 DOEIProiect1Bid NoUs . ProjecUBid: Phase Vl B of the Energy Savings Performance Contract, Detailed Energy Studer i 1. Compliance with the City's DBE Ordinance has been achieved by one of the following methods: a) Johnson Controls. Inc is in compliance with the City's DBE Ordinance by committing to 15% DBE participation on this project. The City's DBE goal on this project is 15 %. b) Is In compliance with the City's DBE Ordinance by committing to % DBE participation and documenting good faith effort Identified several subcontracting and supplier opportunities. However, the DBEs contacted in the areas identified did not submit the lowest bids. The City's DBE goal on this project is %. c) is in compliance with the City's DBE Ordinance by documenting good faith effort The City's DBE goal on this project is d) is in compliance with the City s DBE Ordinance by submission of the prime contractor waiver form. The City's DBE goal on this project is 2. The apparent tow dollar bidder(s)did not comply with the C=ity's DBE Ordinance because: Rev.03!11199 r PIC- -y 'V.:':?"':I,i E`?<? r'0RTN'''ORTH CITY COUNCIL AGENDA " COUNCIL ACTION: Approved on 5/26/2009 - Ord. No. 18634-05-2009 DATE: 5/26/2009 REFERENCE C-23554 LOG NAME: 52RECOVERY ACT EECBG NO.: US DEPT ENERGY GRANT CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize the City Manager to Apply for and Accept, if Awarded, a $6,738,300.00 Grant from the United States Department of Energy through the Energy Efficiency and Conservation Block Grant Formula Program and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to apply for and accept, if awarded, a $6,738,300.00 Grant from the United States Department of Energy through the Energy Efficiency and Conservation Block Grant Formula Program; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $6,738,300.00, subject to receipt of the grant. DISCUSSION: The American Recovery and Reinvestment Act of 2009 made available federal stimulus funds for qualified and accepted projects. Under this Act, the Energy Efficiency and Conservation Block Grant Program (EECBG) provides grants to U.S. local governments, states, territories and Indian tribes, to fund projects that reduce energy use and fossil fuel emissions, and that improve energy efficiency. The EECBG Program represents a federal priority to deploy the cheapest, cleanest and fastest energy sources. A total of$6,738,300.00 is available via formula funding to the City of Fort Worth. The formula for determining allocations to cities is based on two weighted factors: resident and daytime (commuter) population. The resident population factor receives a weight of approximately 70 percent, and the daytime population factor receives a weight of approximately 30 percent. This accounts for the energy use of these populations. As stated in Informal Report 9047 (May 19, 2009), staff is proposing to spend the City's formula funding on the following projects within these identified areas of focus. No matching funds are required. Planning and Strategy - City Building Facility Improvements - Portfolio Manager Benchmarking (EPA Energy Star) - $250,000.00 - Implement the Fort Worth Sustainability Plan - $100,000.00 - Citywide Greenhouse Gas Inventory - $100,000.00 Lighting Improvements - BRIT Parking lot improvements - EE/Solar Parking lot lighting - $150,000.00 - LED Lighting for City Parking Facilities Parking Lot Pilot (37) - $700,000.00 Parking Garage Pilot (1) - $200,000.00 Page 1 of 2 Renewable Energy for Libraries and Community Centers - Community Center Solar Water Heating (6) - $150,000.00 - Regional Library Solar Photo-Voltaic (2) - $750,000.00 Facility Upgrades and Improvements - Greening Fort Worth Facilities Fort Worth Convention Center - $250,000.00 Will Rogers Memorial Complex - $150,000.00 - Village Creek Waste Water Treatment Plant Improvements - Building System Infrastructure - $2,000,000.00 - City Building Facility Improvements - Building Efficiency Specialist (Johnson controls) - 250,000.00 Transportation - Traffic Signalization Improvements University Drive Pilot (Cleburne -Colonial) - $400,000.00 Bryant Irvin Rd (SH183 - Overton Ridge) - $400,000.00 Bicycle Commuting Improvements - Bicycle Parking Pilot-racks and shelters - $250,000.00 - Bicycle Pathway Signs and Markings - $150,000.00 Incentives - Energy Efficiency Revolving Loan Fund - $500,000.00 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 2) $6.738.300.00 GR76 451988 XXX484371XXX 2) $6.738.300.00 GR76 5XXXXX XXX484371XXX .__....__........._...._______. Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head: Brian Boerner(8085) Additional Information Contact: Randle Harwood (6101) ATTACHMENTS 52RECOVERY ACT EECBG DEPT ENERGY GRANT.doc Page 2 of 2