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HomeMy WebLinkAboutContract 58277 CSC No. 58277 VENDOR_ SERVICES AGREEMENT Aee Pipe Clera►ti► L,, Inc; This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH(`SCity"), a Texas home rule municipal corporation and Ace Pipe Cleaning, Inc, {"Vendor"), a company authorized to do business in Texas, and acting by and through its duly authorized Vice President, each individually referred to as a "party" and collectively referred to as the"parties." AGREEMENT DOCUMENTS: This Agreement and supporting documents shall include the following: 1. Exhibit A—Scope of Services; 2. Exhibit B—Price Schedule; 3. Exhibit C—Verification of Signature Authority Form; 4. Exhibit D—Insurance Requirements and; 5. Exhibit E—Form 1295. Exhibits A, B, C and U, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes_ In the event of any conflict between the terms and conditions of Exhibits A,B, or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Vendor shall perform professional consulting services for the purpose of furnishing all material, equipment, and labor for the Large Diameter Sewer Inspection and Cleaning Services pursuant to the Consultant's response to the City's Request for Proposal CFW01-22-0135. on behalf of the Water Department. Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on the Effective Date,as established herein,and shall expire one year after completion of the Services, unless terminated earlier in accordance with this Agreement. City shall have the option, in its sole discretion,to renew this Agreement under the same terms and conditions,for up to four(4)one-year renewal options. 3. COMPENSATION, City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit"B,"—Price Schedule. Total payment made under this Agreement shall be up to the amount of two million five hundred thousand Dollars($2,500,000.00). Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreemcnt(Rcv-9.07.21) Page 1 of22 4. TERMINATION. 4.1. Written Notice City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obli ations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers,agents and employees,agrees that it shall treat all information provided to it by City ("City Information")as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access, Vendor shall store and maintain City information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Infonmation in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event,Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. b. RIGHT TO AUDIT, Vendor agrees that City shall,until the expiration of three(3)years after final payment under this contract,or the final conclusion of any audit commenced during the said three years,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers and records,including, but not limited to, all electronic records,of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Vendor Services Agrecment(Rcv.9.07.21) Page 2 of 22 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Vendor acknowledges that the doctrine of respondeat.superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subcontractors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Vendor or any officers,agents,servants,employees or subcontractor of Vendor. Neither Vendor,nor any officers,agents,servants,employees or subcontractor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,agents, servants, employees or subcontractor. S. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANYAND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY K.UVD OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBYCOVENANTSANDAGREES TO INDEMNIFY,HOLD RARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYAIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, ToANYAND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES 8.3 INTELLECTUAL ERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay,at its own cost and expense,any claim or action against City for infringement of any patent,copyright, trade mark, trade secret,or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation.So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City,for whatever reason,assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement,City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor Services Agreement(Rev.9.07.21) Page 3 of22 Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy,either: (a) procure for City the right to continue to use the software and/or documentation;or(b)modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (e) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement,and refund all amounts paid to Vendor by City,subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its primary duties,obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. if City grants consent to a subcontract for primary duties, such subcontractor shall execute a written agreement with Vendor referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor shall provide City with a fully executed copy of any such subcontract. 10, INSURANCE. Insurance requirements are found on Exhibit D. 11. C.OMPLIANCE WITH LAWS, ORDINANCES,R11LE.S AND REGULAT[ON S. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, Vendor Services Agreement(Rey-9 07 21) Page 4 of 22 VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by electronic means with confirmation of the transmission,or(3)received by the other party by United States Mail, registered, return receipt requested,addressed as follows: To CITY: To VENDOR: City of Fort Worth Ace Pipe Cleaning, Inc Attn: Dana Burghdoff, Assistant City Manager Attn:Theresa Calvert, Vice President 200 Texas Street 6601 Universal Ave. Fort Worth, TX 76102-6314 Kansas City, MO 64120 Facsimile:(817)392-8654 E-mail: Theresa@aacepipe.com With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES, Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor,any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement,City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER, The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW 1 VENUE. .["his Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tan-ant County,Texas or the United States District Court for the Northern ❑istrictofTexas, Fort Worth Division, Vendor Services Agreement(Rev-9 07.21) Page 5 of 22 18. SEVERABILITY, If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,and/or any other similar causes. 20. HEADINGS NOT CONTROLLING, Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement including its. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS, No amendment, modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including its Exhibits, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. 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 one and the same instrument. 25. WARRANTY OF SERVICE Vendor warrants that its services will be of a high Quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30)days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or (b)refund the fees paid by City to Vendor for the nonconforming services. Vendor Smicc5 Agreement(Rev.9.0721) Page 6 of'22 26. IMMIGRATION NATIONALITY ACT. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS,AGENTS,OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor, 27. OWNERSHIP OF WORK PROD VCT, City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively, "Work Product")_ Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976,as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark,trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due,or rights of retention thereto on the part of City. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9,documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. Vendor Services Agreement(Rev 9 07 21) ['age 7 of 22 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAE Vendor unless a sole proprietor,acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Vendor has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms "boycott Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that if Chapter 2271,Texas Government Code applies,Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 31. PROHIBITION ON BOYCOTTING ENERGY COMPANIES. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021,87th Leg., R.S., S.S. 13, §2} the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terns "boycott energy company" and "company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg., R.S.,S.B. 13, §2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies;and(2)will not boycott energy companies during the term of this Agreement. 32. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION_ INDUSTRIES. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more which will be paid wholly or partly from public funds of the City,with a company(with 10 or more full-time employees)unless the contract contains a written verification from the company that it: (1)does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"and"firearm trade association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg., R.S.,S.B. 19, § Q. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Vendor Services Agreement(Rev.;U7.21) ["age 8 of22 IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective as of the date subscribed by the City's Assistant City Manager("Effective Date"). ACCEPTED AND AGREED: CITY OF FORT WORTH: OR: �i°�p� CLE79 � ti Dena BurpJdvff( 18,20221 :20 COT) _ By: Name: Dana Burghdoff By: Name: Theresa Calvert Title: Assistant City Manager Title: Vice President Date: Date: ID 7'27- APPROVAL RECOMMENDED: _2 . wlz� By: Christopher Hard (Oct 11,2022&OG CDT) Name: Christopher Harder, P.E. Title: Water Department Director ATTEST: aA n a II tr of° r�yao .Tann 5.-6aadAll 0 00 $_ By: Jan nette S.Goodall(Oct 19,2022 08:54 CDT) 0 p ° p ° 0 Name: Jannette S.Goodall . o°v000eC°° *p Title: City Secretary aa4 7'E7CA54a"' nAauu�o APPROVED AS TO FORM AND LEGALITY: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of By: DWack(Oct 18,2022 1&07 CDT) _ this contract,including ensuring all performance and Name: Douglas W Black reporting requirements. Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: By: Mark Nt S� (enl0.zoz2 1016Cory M&C: M&C 22-0749 Name: Mark Shell DATE:September 27,2022 Title: Technical Services Coordinator 1295: 2022-900024 OFFICIAL RECORD Vcndor Services Agrecment(Rev 9 Q7.21) CITY SECRETARY FT. WORTH, TX EXHIBIT A SCOPE OF SERVICES GENERAL PRECATIONS AND CONDITIONwj All vehicles and equipment used in the transportation, storage and disposal of debris removed during cleaning operations shall be required to meet criteria as described in City Ordinance No. 12274, Article VII "Liquid Wastes" (as codified in City Code Chapter 12.5, Article VII, Sec_ 12.5-700 et seq.). The Contractor's transporters must be registered with the Texas Commission on Environmental Quality (TCEQ), All solids or semi-solids resulting from the work shall be characterized by the Contractor. The Contractor shall dispose of the waste at the Cold Springs Processing Facility, an approved disposal site for this waste classification. All materials shall be removed from the site, at a minimum, at the end of each workday. The Contractor will utilize the City's contract with Cold Springs Processing facility for disposal fees. The City will thus pay for this disposal, and the Contractor will supply copies of manifests to the Project Manager weekly.No additional fees will be charged to the City for transport or disposal. The Contractor shall prepare and submit a"Spill Prevention and Counter Control Plan"that will address handling of any spills to the environment. If an accidental discharge or spill occurs during the work, the Contractor shall be responsible for taking appropriate actions to prevent harm to human health and the environment as required by applicable federal, state and local laws. The Fort Worth Department of Environmental Management and Water Department pretreatment Services shall be contacted immediately. Registered transporters shall maintain copies of their TCEQ registration letter and application in all vehicles used on the project. The transporter must maintain a record of each individual collection and deposit in the form of a trip ticket,(City Code Ch. 12.5,Article VII,Section 12.5-71 1,(k)). Environmental Site Inspections may be made at any time during the duration of the project. Proof of proper TCEQ registration and trip ticket records must be provided immediately when requested_ Environmental site inspections may be performed by both the state and City during the course of the project. The Contractor will not be allowed to apply chemicals or biological materials for the purpose of root control or grease removal on this project. The contractor shall be responsible for maintaining traffic control at all times and for notifying the proper authorities regarding the closing of roads. On a case by basis and typically identified during the contractor's reconnaissance of lines for work, the contractor may request that the Project Manager assist with contracted professional traffic control vendors obtained and paid by the City. This would be utilized on major roads or other specific hazard locations. The contractor shall not enter private property to gain access to the easement without first obtaining written approval from the landowner or lawful tenant. Private property, including trees and shrubs, shall not be disturbed unless absolutely necessary and no such disturbance may be made without first obtaining written permission from the landowner or lawful tenant.The contractor shall obtain a written release from the landowner or lawful tenant after restoration of any damage is completed. The contractor shall bear the cost of repairing such damage. An owner or lawful tenant may have rights to maintain vegetation or certain structures within the surface Vendor Services Agreement Exhibit A(Rev 9.0721) Page 10 nfZ2 of the easement. The contractor shall avoid any unnecessary damage to said items. The contractor is responsible for the restoration of disturbed or damaged private property even if within the easement. No damage shall be made to City property within the easement. Contractor shall repair/replace any damaged allowed items within the easement and obtain a written release from the landowner or lawful tenant, or City, as the case may be. Contact the Project Managcr for easement clearing when needed for obtaining access. All manholes and vaults shall be bolted back down or closed properly after inspection is complete and each time it is opened.No manholes or vaults shall be left open and unattended. Faulty lids or enclosures shall be reported to the Project Manager. A]1 necessary precautions shall be taken to protect the sewer facility from damage during all cleaning and assessment operations. Precautions shall also be taken to ensure that no damage is caused to public or private property adjacent to or served by the sewer or its branches. Satisfactory precautions shall be taken in the use of cleaning equipment. When hydraulically propelled cleaning or tools which retard the flow in the sewer line are used,the contractor shall take precautions to ensure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. The contractor shall pay for and restore(mitigation and restoration),at no additional costs to the owner or City, any damage or flooding caused on public or private property.The passing of dislodged materials downstream of the sewer segment being cleaned shall be the responsibility of the contractor. In such an event the contractor shall be responsible for cleaning the affected downstream sewers in their entirety,at no additional cost to the City. All requirements shall be met when accessing a fire hydrant including but not limited to meters,backflow preventers and properly trained personnel. It shall be the contractor's responsibility to meet all state and local requirements. Mechanical cleaning, where required, shall be performed with approved equipment and accessories. The contractor shall submit the equipment manufacturer's operation manual and guidelines to the Project Manager if requested. All equipment and devices shall be operated by experienced personnelto minimize the likelihood of damage to the pipe material. If hydraulic equipment is ineffective, then a larger unit or mechanical cleaning equipment may be required. The contractor shall coordinate with the Project Manager with such a request before beginning cleaning operations. Buckets,rods, snakes,pigs,scrapers, scooters,porcupines,sewer bal Is,kites,heavy-duty brushes,root saws,milling devices or machines,clam trucks and other debris-removing equipment/accessories shall be used as appropriate and necessary in the field, in conjunction with other approved power machines. Fhe reel on bucket or winching machines shall have a minimum cable length of2,000 LF. The contractor will be responsible for locating and recovering any equipment that becomes lodged or lost in the pipeline including, but not limited to, any cast associated with required evacuation, restoration of roads and easements, repairs to pipes and manholes as needed to restore the pipeline and appurtenances back to their original conditions. If excavation is required,video documentation of existing conditions and work to be done will be submitted for approval prior to work Vendor Services Agreement -Exhibit U(Rcr.9 07 21) Page 11 of 22 A Work Order may contain one or more deployment locations.Multiple Work Orders may be given at any time intervals. Due to the nature of the Work Order Iocations and timing that will be given, no standard Job Move-In fee will be paid. Working hours for the purposes of the line items are from 7 AM to 5 PM Monday—Friday not including City I folidays. EMERGENCY JOB MOVE-IN The City shall determine when an emergency situation exists. When emergency work is required, the Contractor shall mobilize to the designated location with the requested equipment and personnel within the time frame for services requested after being given notification from the Project Manager. MANHOLE EXPOSURE When it is necessary to expose manholes in unpaved areas or under asphalt pavement,the Contractor shall expose the manholes in order to have access for the sewer inspection. Manhole exposure less than one(1) inch deep in asphalt pavement or less than twelve (12) inches deep in unpaved areas shall be considered subsidiary to the unit price for inspecting various diameter sanitary sewer mains on this project and the Contractor shall notify the City of any manholes thus exposed. For manholes that do not meet the above criteria, the Contractor shall immediately contact the Project Manager. The City shall expose all manholes not conforming to the criteria outlined above. CONTINUOUS SEWER SERVICE Since all work involved is with existing facilities,service of sanitary sewers shall be maintained at all times. WATER USAGE Water usage by the Contractor for the purpose of sewer line investigation shall be taken from approved fire hydrants via a two(2) inch meter obtained by the Contractor from the City. The meter shall be used only on this project. The deposit for a hydrant meter is the responsibility of the Contractor but the Contractor will not be charged for water usage for line cleaning under this contract. Only fire hydrant wrenches or open-ended wrenches may be used on fire hydrant operating nuts. SPILL PREVENTION AND RESPONSE PLAN The Contractor shall produce a written document explaining the spill prevention and response plan(s)to be implemented on this project. At a minimum, the submitted spill prevention and response plan shall include contingency plans addressing sewer back-ups into homeslbusinesses, including a 24 hour a day response requirement,sanitary sewer overflows from manholes,and leakage or spill containment during sewer debris removal or transport. The spill prevention and response plan shall also include operational procedures,'a list of responsible parties and duties, and the notification procedures to be implemented in case of an emergency spill as defined herein. Vendor Services Agreement -Exhibit D(Hey 9.07 21) Page 12 of'22 DESCRIPTION OF PAY ITE The following descriptions are to clarify the nature of work required for this project. Each item shall include all labor,materials,equipment and incidentals necessary to complete the item, Payltcm I—EmergencX TV Move-In- business hours (Each) Contractor shall be compensated for one Emergency Job Move-in for each emergency Work Order submitted by the City to the Contractor. Emergency Job Move-In price shall include all materials, equipment and labor necessary to begin the work defined within the Emergency Work Order within 4 hours during business hours(7 AM to 5 PM M-F excluding City Holidays) Pay Item 2_ F-mgrgenex TV Move-In-non-bu,incss hours( .a w Contractor shall be compensated for one After-hours Emergency Job Move-In for each emergency Work Order submitted by the City to the Contractor. After-hours Emergency Job Move-in price shall include all materials, equipment and labor necessary to begin the work defined within the Emergency Work Order within 6 hours of notice. After-hours are those hours that are outside the business hours of 7 AM to 5 PM M-F excluding City Holidays. Generally for use in the response to an emergency Work Order. This is to be used while waiting for site preparation, excavation to gain access, or other site specific issues preventing the Contractor from proceeding with the work in a timely manner after arriving onsite. This line item requires prior specific approval from the Project Manager to utilize. Generally for use in the response to an emergency Work Order. This is to be used while waiting for site preparation, excavation to gain access, or other site specific issues preventing the Contractor from proceeding with the work in a timely manner after arriving onsite. This line item requires prior specific approval from the Project Manager to utilize. Generally for use in the response to an emergency Work Order. This is to be generally used to conduct a confined space entry to remove objects causing problems in the line accessible from the manhole. Manhole and Junction box have the same meaning as a point of entry. This line item is not to be used for normal operations such bucket cleaning(mechanical cleaning)or setting up televising or MSI equipment. Those activities are normal in the course of business of televising and mechanical cleaning. This line item requires prior specific approval from the Project Manager to utilize. Pay Item 6—Mpn hole Manned EntLy Crgw(Hour) Generally for use in the response to an emergency Work Order. This is to be generally used to conduct a Vendor Services Agreement—Exhibit D(Rev 0 07 21) Page 13 of 22 confined space entry to remove objects causing problems in the line accessible from the manhole. Manhole and junction box have the same meaning as a point of entry. This line item is not to be used for normal operations such bucket cleaning(mechanical cleaning)or setting up televising or MSI equipment. Those activities are normal in the course of business of televising and mechanical cleaning.This line item requires prior specific approval from the Project Manager to utilize and generally is used in conjunction with the set-up fee- This line item is specifically for the hourly rate of the crew members and associated costs needed to complete the confined space entry and work. Generally for use in the response to an emergency Work Order. This line item requires prior specific approval from the Project Manager to utilize. This line item is specifically for the hourly rate of the crew members and associated costs needed to complete marking the above ground path or location of line.This line item is expected to utilize a Float or crawl CCTV unit that is equipped with the transmitting device to be used to assist with line location. VariausDiameters ner Linear Ellat(LU The Contractor shall include all labor, materials, and equipment necessary to perform a pre and/or post cleaning inspection of the sanitary sewer main.Contractor shall include within the unit price, all the costs for data storage, data transmission, post processing and processing into 1Tpipes by Infrastructure Technologies, and a stand-alone external drive containing each line NASSCO PACP coded ITPipes data set with video. MSI data collection video(MPEG 4 H.264),sonar,and laser for sewer inspections will be required to have the ability to be field verified utilizing RED zones supplied"Rudi" software. Once data has been through the vendor specific QAQC,data will be sent to Red Zone for post processing where data will be returned within 30 working days of receipt.The contractor shall pay for the post processed data to be transmitted, collated, verified, and then imported into the City's approved ITPipes database(version 6.x). The importation into the City's ITPipes database will be completed by Infrastructure Technologies and paid by the contractor. Flexible pipe such as HOBAS shall have observations every 25 feet for ovality (deflection)and debris level. Rigid pipe(concrete) shall have observations every 25 feet for debris and corrosion. All MSI inspections shall observations for maximum ovality, debris, and corrosion where appropriate. The City may request the contractor to make videos available by a contractor supplied viewer to analyze emergency situations that cannot wait for the processing of data to be assessed. The contractor shall also provide PACP coded inspections in a stand-alone ITPipes data package containing the database, viewer, and video. The observations in this PACP format are based solely on CCTV. This is in addition to the MSI data the contractor has incorporated into our ITPipes software. These two deliverables are needed because the MSI data collected is not PACP compatible. The Contractor shall include all labor, materials,and equipment necessary to perform a pre-and/or post- cleaning Sonar inspection of siphons. Contractor shall include within the unit price all oosts for data storage,data transmission,data analysis and deliverables.Sonar data shall be utilized by City for a detailed condition assessment of the pipe, determination of cleaning quantities and/or as a verification of the effectiveness of the cleaning process.Data will be handled and incorporated into[Tpipes by the contractor the same way the MSI data is described above. Vendor Services Agreement Fxhibit D[Rcv 9 07 21] Pabc 14 oC22 4 The Contractor shall include all labor, materials, and equipment necessary to perform a pre and/or post cleaning inspection of the sanitary sewer main by means of a mechanically driven camera mounting on a track or wheeled device with a live feed. Contractor shall include within the unit price,all the costs for data storage, data transmission, and a stand-alone external drive containing each line NASSC❑ PACP coded IT Pipes data set with video.CCTV data collection video(MPEG 4 H.264)shall be able to pan,tilt and zoom. The contractor shall provide PACP coded inspections in a stand-alone IT Pipes data package containing the database, viewer, and video. The observations in this PACP format are based solely on CCTV. The City may request the contractor to make videos available by a contractor supplied viewer to analyze emergency situations that cannot wait for the processing of data to be assessed. Pay IlernssJ6-46—Gravity Line FJu-,ILL CCTV Vai•I.uah Diameters gr Linear moot 11. ) The Contractor shall include all labor, materials, and equipment necessary to perform a pre and/or post cleaning inspection of the sanitary sewer main by means of a floatation platform camera with a live feed. Contractor shall include within the unit price,a]I the costs for data storage,data transmission,and a stand- alone external drive containing each line NASSCO PACP coded ITPipes data set with video. CCTV data collection video(MPEG 4 H.264)shall be able to pan,tilt and zoom. The contractor shall provide PACP coded inspections in a stand-alone ITPipes data package containing the database, viewer, and video. The observations in this PACP format are based solely on CCTV.The City may request the contractor to make videos available by a contractor supplied viewer to analyze emergency situations that cannot wait for the processing of data to be assessed. Pit)-Items 47_56—Gra►ily Line Jet C eaSiny Various Diameters pe rLinV tt'loot fLF1 The Contractor shall include all labor, materials,and equipment necessary to clean sanitary sewer mains by means of hydraulically propelled high velocity jet cleaning equipment.The debris(dirt, grease, rocks, sand,etc.)removal from the downstream manhole shall utilize a catch system that may also include a weir or dam temporarily put in place and removed when completed. Jet cleaning of lines shall be capable of: 6"to 23" 1,500 psi; 24" to 41"2,500 psi; and greater than 41" shall be 2,500 psi at 170 gallons per minute from a 1.5 inch hose. Step cleaning shall be the standard practice with at least two complete passes. Manholes and vaults shall be washed using a high-pressure jet capable of 1,500 psi. Debris shall be vacuumed and disposed of in the same manner as debris from line cleaning. The cleaning of these structures shall be at no additional cost and is considered incidental to cleaning the main line. Acceptance of sanitary sewer cleaning shall be the removal of enough debris to restore a minimum of 95 percent of the internal pipe height throughout the pipe segment cleaned. If television inspection shows the cleaning to be unsatisfactory,the contractor shall be required to re-clean and re-inspect the sewer line at no additional cost until the cleaning is shown to be satisfactory. PaX Items 5 The Contractor shall include all labor, materials, and equipment necessary to clean sanitary sewer mains by means of mechanical cleaning. Greater detail may be found under the section above titled "General Precautions and Conditions."This line item requires prior specific approval from the project Manager to utilize. The most common mechanical equipment expected to be used are bucket machines and scrapers Vcndor Services Agreement-Exbibit D(Rev 9.0721} Page 15 of 22 on larger lines when debris is substantial. Bucket and/or winch machines shall be used in pairs with sufficient power to perform the work in an efficient manner. Machines shall be belt operated or have an overload device.Machines with direct drive that could cause damage to the pipe are not allowed. A power rodding machine shall be either sectional or continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specially heat-treated steel. To ensure safe operation, the machine shall be fully enclosed and have an automatic safety clutch or relief valve. P. Items5_S*Ulion , Various Diameters Ver Linear Fool (LF1 The Contractor shall include all labor, materials, and equipment necessary to clean sanitary sewer mains by means of hydraulically propelled high velocity jet cleaning equipment. The debris(dirt,grease, rocks, sand,etc.)removal from the downstream manhole shall utilize a catch system that may also include a weir or dam temporarily put in place and removed when completed. Jet cleaning of lines shall be capable of: 6"to 23" 1,500 psi; 24"to 41" 2,500 psi; and greater than 41 shall be 2,500 psi at 170 gallons per minute from a 1.5 inch hose. Step cleaning shall be the standard practice with at least two complete passes. Manholes and vaults shall be washed using a high-pressure jet capable of 1,500 psi. Debris shall be vacuumed and disposed of in the same manner as debris from line cleaning. The cleaning of these structures shall be at no additional cost and is considered incidental to cleaning the main line. Acceptance of sanitary sewer cleaning shall be the removal of enough debris to restore a minimum of 45 percent of the internal pipe height throughout the pipe segment cleaned. If sonar inspection shows the cleaning to be unsatisfactory,the contractor shall be required to re-clean and re-inspect the sewer line at no additional cost until the cleaning is shown to be satisfactory. Pay Item 76—Miwellaneous Itcros freer east] The contractor may request the City to approve the use of rental equipment, specialty equipment owned by the contractor,supplies utilized,etc.for the purposes of completing work when such costs have been found reasonable and acceptable and given prior approval by the Project Manager. Examples include but are not limited to rental or use of high lift machinery to access manholes greater than 8 feet;specialty surfaces to disperse weight for accessing or traversing golf courses or specialty surfaces to avoid damage; and boat rental or use to access and work around structures in a waterbody. Vendor Services Agreement—Exhibit D(Rev 9.07.21) Parc 16 of 22 EXHIBIT B PRICE SCHEDULE Pay Item Description of Pay Item Unit Price 1 Emergency CCTV Move-In 4 hours business hours Each $1,200.00 2 Emerpncy CCTV Move-In 6 hours non-business hours Each $1 750.00 3 Jet Combo Unit and Crew for stand§y at Emergency Hour $275.00 4 Crawl/Float CCTV Unit and Crew for standby at Emer enc Hour $375.00 5 Manhole Manned Entry Set U Each $350.00 6 Manhole Manned Fntry Crew Hour $375.00 7 Locate Line by interior sound transmitting device Hour $350.00 8 MSI 24"-36"diameter per Linear Foot LF $6.95 9 MSI 39"-42"diameter per Linear Foot LF $6.95 10 MS145"-48" diameter per Linear Foot LF $6.95 11 MSI 49"-54" diameter per Linear Foot LF $6.95 12 MSI 55"-60" diameter per Linear Foot LF $6.95 13 MSI 61"-72"diameter per Linear Foot(LE) $6.95 14 MSI 73"-84" diameter per Linear Foot LF $7.35 15 MSI 85"-96" diameter per Linear Foot LF $7.35 16 MSI 97"-106" diameter per Linear Foot LF $7.35 l7 Siphon by Sonar 15"-24"diameter per Linear Foot LF $6.69 18 Siphon by Sonar 25"-36" diameter per Linear Foot LF $6.69 19 Siphon by Sonar 37"-42"diameter per Linear Foot LF $6.69 20 Si hon bv Sonar 43"48"diameter per Linear Toot LF $6.75 21 Siphon by Sonar 49"-54"diameter per Linear Foot LF $6.95 22 Siphon by Sonar 55"-60"diameter per Linear Foot LF $6.95 23 Siphon by Sonar 61"-72" diameter per Linear Foot LF $6.95 24 Siphon by Sonar 73"-84"diameter per Linear Foot LF $6.95 25 Si hon by Sonar 85"-96"diameter per Linear Foot LF $6.95 26 Gravity Line Crawl CCTV 15"-24"diameter per Linear Foot LF $1.95 27 Gravity Line Crawl CCTV 25"-36"diameter per Linear Foot LF $1.95 28 Gravity Line Crawl CCTV 37"-42"diameter per Linear Foot LF $1.95 29 Gravity Line Crawl CCTV 43"-48"diameter per Linear Foot LF $1.95 30 Gravi!x Line Crawl CCTV 49"-54" diameter per Linear Foot LF $1.95 Vendor Scrvices Agreement Exhibit H (Rex.9 0721) Page 17 of 22 Pay Item Description of Pay Item Unit Price 31 Gravity Line Crawl CCTV 55"-60"diameter per Linear Foot LF $1.95 32 Gravity Line Crawl CCTV 61"-72"diameter per Linear Foot LF $2.25 33 Gravity Line Crawl CCTV 73"-84"diameter per Linear Foot LF $2.25 34 Gravity Line Crawl CCTV 85"-96"diameter per Linear Foot LF $2.25 35 Gravity Line Crawl CCTV 97"-106" diameter per Linear Foot LF $2.25 36 Grav ity Line Float CCTV 15"-24" diameter per Linear Foot LF $1.95 37 Gravity Line Float CCI'V 25"-36" diameter per Linear Foot LF $1.95 38 Gravity Line Float CCTV 37"-42" diameter per Linear Foot LF $1.95 39 Gravity Line Float CCTV 37" 42"diameter per Linear Foot Ll~ $1.95 40 Gravity Line Float CCTV 43"48"diameter per Linear Foot LF $1.95 41 Gravity Line Float CCTV 49"-54" diameter per Linear Foot(LE) $1.95 42 Gravity Line Float CCTV 55"-60" diameter per Linear Foot l.F $1.95 43 Gravity Line Float CCTV 61"-72"diameter per Linear Foot LF $2.25 44 Gravity Line Float CCTV 73"-84" diameter per Linear Foot LF $2.25 45 Gravi Line Float CCTV 85"-96" diameter 2er Linear Foot I.F $2.25 46 Gravity Line Float CCTV 97"-106"diameter per Linear Foot I,F $2.50 47 Gmvily Line Jet Cleaning 15"-24"diameter pq Linear Foot LF $2.20 48 Gravity Line Jet Clcanin 25"-36" diameter per Linear Foot LF $2.50 49 Gravi Line Jet Cleaning 37"-42" diameter per Linear Foot l,F $2.50 50 Gravity Line Jet Cleaning 43"-48" diameter per Linear Foot 1.F $2.50 51 Gravity Line Jet Cleaning 49"-54" diameter per Linear Foot 1.F $2.50 52 Gravity Line Jet Cleanin 55"-60"diameter per Linear Foot LF $2.50 53 Gravity Line Jet Cleaning 61"-72"diameter per Linear Foot LF $2.50 54 Gravity Line Jet Cleaning 73"-84"diameter 2Er Linear Foot LF $4.00 55 Gravity Line Jet Cleaning 85"-96" diameter per Linear Foot LF $4.00 56 Gravity Line Jet Cleaning 97%106" diameter per Linear Foot LF $5.00 57 Gravity Line Mechanical Cleaning 15"-24"diameter per Linear Foot LF $7.50 58 Gravity Line Mechanical Cleaning 25"-36"diameter per Linear Foot LF $11.75 59 Gravity Line Mechanical Cleaning 3T-42"diameter per Linear Foot LF $18.00 60 Gravity Line Mechanical Cleaning 43"-48"diameter per Linear Foot LF $23.50 Vendor Services Agrecment-Exhibit❑(Rev 9 67.21) Page t8 of'22 Pay Item Description of Pay Item Unit Price 61 -Gravity Line Mechanical Cleaning 49"-54" diameter per Linear Foot LF $30.00 62 Gravity Line Mechanical Cleaning 55"-60" diameter per Linear Foot Li' $36.00 63 Gravity Line Mechanical Cleaning 61"-72"diameter per Linear Foot LF $42.00 64 Gravity Line Mechanical Cleaning 73"-84"diameter per Linear Foot LF $47.00 65 Gravity Line Mechanical Cleaning 85"-96"diameter per Linear Foot I,F $50.00 Gravity Line Mechanical Cleaning 97%106" diameter per Linear Foot 66 LF $55.00 67 Siphon Jet Cleaning 6"-14" diameter per Linear Foot LF $5.75 68 Siphon Jet Cleaning 15"-24"diameter per Linear Foot Li~ $7.50 69 Siphon Jet Cleaning 25"-36"diameter per Linear Foot LF $11.00 70 Siphon Jet Cleaning 37"-42"diameter per Linear Foot LF $15.50 71 Si hon Jet Cleanin 43"A8" diameter per Linear Foot(LE) $22.75 72 Siphon Jet Cleanin 49"-54" diameter per Linear Foot LF $28.50 73 Siphon Jet Cleaning 55"-60"diameter per Linear Foot Ll' $35.00 74 Siphon Jet Cleaning 61"-72"diameter per Linear Foot LF $42.00 75 Siphon Jet Cleaning 73"-84"diameter per Linear Foot LF $48.00 Vendor Services agreement F.Xhibit i)(Rev 90721) Page 19 of22 EXHIBIT C VERIFICATION OF SIGNATURE AUTHORITY ACE.PIPE CLEANING, INC. 6601 UNWERSAL AVE. KANSAS CITY,N10 64120 Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair prosentation of the financial statements of individual funds. Execution of this Sigeatare Verification Form ("Norm") hereby ccrtili" that the following individuals and/or positions have khc authority to legally hind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution; ordinance or other authorization or Vendor. City is fully entitled to rely on the warranty and reprmcntat±on set forth in this form in entering into any agreement or amendment with VcndUr. Vendor will submit an updated Form-within ten (10) business days if there are any changes to the signatory authority. City ih entitled to rely on any current executed Form unlit it receives a revised form that has been properly executed by Vendor. Name: Steve fiontz Position:President Si*natu/, 2. Name:Bruce Vantine Position:Sc;c:rciar 1 re� urGi� ' ,6, Signa;urc 3. Name,Theresa Calvert 1' �a Dice 'resicien Sigrt�� c:rc Name:Ste77r.� r� Signature of President 1 CEO Other Title: ��5/ -PiY Date: Vendor 5crvices Agreement Exhibit C(Rev q 07 21) Page 20 of22 EXHIBIT n INSURANCE ACU CERTIFICATE OF LIABILITY INSURANCE bA1E'""�°°"'" - s+�sre2z THIS CERTIFI CA TC 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 TH E'COVER AGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INEU RANGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 15 SUIN6 IN SURE R{Sl.AUTHORIZED REPRESENTATIVE DR FRODUCCR,ANU THE GE RTIF ICA TE HOLDER. IMPORTANT: If the cartirkale iwkiw 1e an ADDITIONAL INSURL0.the Po4c y0eal mu sl have ADDITIONAL INSURED provillons or he an domed- IISURROGATION IS WAIVED,subj"t to the Ilrtna end candittam■of INapoley.Certain P11IGaa nuy ragwre an endorsantent, A autnn III on this cartiRuta does nol CANNer rJohIs 10 we coruscate hOldar In Zhu el Such alW6faeRM ^oo�� CIIIisIRna Clwniny.Feem_C6enl Service L!r Sr AitflurJ.C3B11egher Risk Management SerYicas,lint 1AX 2850 doll'Roadrn IAiG•kvI R911irg Meadows IL Cs0008 AODrrtS$ clHMima_cunrtnghtm60lg cpm iNwacnlal w:rolTowacaYEmAoe twee iN Krx A Zurich American Insurance Company low ACE PIPE CL F AHING,INC cMc.7 4 w INSURER h Amlrlcan Zuilch Insurams Cprrlpany 4M42 WO1 Universal Ave WWMRC:Ame-iran C.ua artee and Llabuily Ins Co 262a7 Kansas City,MO 64120 wsmao:Indian Harborinswaree Gom pony 36M Nst*R R E AIG Speeisky InsUrenco Company 26683 F- COVERAGES CI WnPCATE NUMBER:123$182261 REIABH)N NUMBER, THIS 15 TO CERTIFY THAT THE POUGES OF INBLRANCE LISTED BELOW HAVE BEEN ISSN ED TO THE INSURED NAMED ABWE FOR THE PGLI CY PERIOD IYOICATED. NOTWITHSTANDING ANY REOUIREMEHT,TERN OR CDNGRTION OF ANY CONTRACT OR OTHER DOMMENT W IH RESPECT TO WHICH THIS CERTIFICATE MAY SE r56U4!D OR IAAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRRBED HEREIN I&SUBJECT TO ALL THE TERMS. EXCLUSIONS AND COMITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS , PoLreviop TR• TYPEOPOWRAMCe aR POLICY IIIIIAa81 Lne15 A x COMMERCIAL aB1OMAL LYIlaFrY Y Y GLP137noTis 1=117021 10r3V= L, HC::­Hlfei<I= 12AW0CD 0CCUR OAVAik'TOW-NT5U 5]vep00 eLAl,�s1AOF x snetHaeaoeARvcvlsnL� x Am LXP tAw 3D x xUIJ W.I'akmvd PERSONAL a AM INJURY 12,0=9M GENL a3GREGATF[IwT APPLE$PM; OERERAL ABGRFCATE 34.000,000 I J.I�Y J _,LOC PRL>tlUCRB�Lr�AP10!aW ]a,D9l,epo 11 e R AI-702§OBIId.W!lkfv Y V SAP 43711a91e 10MIr2021 1=rMZ .� F1 IS,900A01 x AW AM e0mv YjAY tr Pewr] I omm RCMEOdLEO ALROSONLY AVrcm aCD[Y nLA1HrtMi eraNArq f x HMO x 40N-0wlel) noEeT..wM,ne AUVOBCNLY ".Tm ay RararveRq s s C x UNIMELLA LIA 11 X[ CCCL, r Y ALIC 591 BH 7-16 1OrJ1121121 1031=2 EAeµOCL,1}:HFnf.F SS,000,000 liCeaS Loa CL A11k MADE AOGRIGAIE i5,900,900 I � x Ira=:Fkn1n.R ', 1 woA ERacwLPa enTlaN Y WC0377202-10 lorJ1i2O2t 10faimn A MID QA1LOYtltB WBLTTY Y'YN LVC0722679-0E 10Y31Ai0Q1 1091f2022 µ rr+ry r.MMI09eN'�rNEM"reU*i Ve ELEACNACOOFNi Lykx:kNMf MaFHcaelumFD+ H NIA •$1,990,900 IMw ry0 all EL OISEASS•EA EW%OYEE I AW.OW Ry�e dnuge OE8C1MTId/i OintlrF CfERwi�M1r.r !L palEALE-vpl-iyr Yrai R f 00 dm E LHiuAIq i.AA.1k G9e I CP013017 TSa ]pfy112011 10131i2(XZ7 'PAM�PI+bMy $10,000,0W r; Prw—W Laewy CEOTMa37903 Icni$021 fun IrM2 Pal W9(I,ry 12.000.000 XSM-KIDN OF OPERATRDII S I LOCATIONS f YErICLES tACOR D 101-ANAa nark%e6Neamw qW el manA Na a wen apLmNn91ArNP R=:Large DieMeler Sewer InspeorDn and CkanwV Servicesl JDD A-CFMI-22-0135 1 2422 1CAP Drag Cordrad(MS 092B2022) C1yy 0!Fort Werth t0 Shown as an addllrmaI insured solely With respect la 00haird LiebHeV end ALdo Usbility roYereges as evidarc9d herein as rOgUaep by wdllen contraO with nAp W to werk pperTermod by flee reamed Insured-A Wa?ear Of 8uhroge Wrl R kvvr of 60diikMi i"aureds ere lnckxkd under the General LuDlbty,Auto Lla6l Ity,Nod NA7rkrra Dompensallon mveNgaSea aW armaid he"as required bF written earltreet-Umbrele Follow$Form CERTIFICATE HOLDER CANCELLATION SHOULD ANY DF THE ABOVE OESCRIR ED POLICIES BE CA NC ELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL SE DELIVERED IN City Of Fort Worth ACCORDANCE YYrrH THE POLICY PROVISIONS. ABn.RNkMr ate 94W 1000 11>Irockmorlon, A 11�12kD REWF lI.T YF Fort Worth Tx 76102 019981201s ACOROC.ORPORATION AIIOghtsmisorYed. ACORD 26(2 JWU) TheACORD name and log are regIaterld marks of&CORD Vendor Services Agreenient--Fxhihit 1](Rev 9 07 21) Page 21 of 22 EXHIBIT E Form 1295 CERMCATE OF 1N rERESTEO PARTIES FY]pw IM raft cwp►"roes.1•e w 6 tl ltww arc re"Ma wnkv Off*M fll"ONLY t arnpWK faw.1.R.].S.AV 6 if a-M w fn renraetd valow CERTW.—'ATM OF FRJRG 3 "w-at b-k w wwer MM fwM u.d r0 uy.N.A.d rx.ay or tM rw+rnaa.nL"PLO- o."Ame l8uw4w of buYnrrl, AmFWCkww4p,W_ 2022.900021 KWnM CW MO Ur trd Stales —- ra.a MIS id wrAly a..lur*Omer •pwry to o&W d �F�`,n— Owl6r2022 CIV of Fan 1 Awlh nma Aab wA.apee R P—**dw tww ksawn rwt dw rwd by d1i. --v a■e.0 oprKy to Ir.cA Of OWAXV er caaliwk rd WOVW a duo**"W M MM10"&FYdds_w odw P-Dr7 is 60 Pee kw t.dwr A&CfirtKL FM 22-0135 Low 0*-wr sdrw Cfmrkv SOVKVS d Nso=46bo"Oe4d wrd Ckv w+%cr.rwr Ob"rt in r vrlda tti.e cwle eey rt MM is NO rr�wtd pwty. ❑ x � IxppwuAff r�Ipa►ur�rlaf rWnks 8ruca Yrrlitne w�nyrrl.dfr/rra. MEN--._ w d ivnis 6601 ynji zswl Mill. NO, 66170 M on" 060 020) Iwclry fa-my; I d.dtre-dwr Fwrfy d pwflry Rw ftbmpps*0■W OwTv . fNenl..t in 0ack"ji. G..ry,8 of RO —on M}gttldq d JT= 20 22. V9,7(— -- PIMPOt O"n or#rdRd 80M Or oonrwelwp tRMMWM or" f0.*rq Ferryri OrowOed by Tmwt Elfin%rnwrrlafatr www.ddlie0.Mlpe.XAM Vwliprt V1.I.191b6edr Vendor Services Agreement FXhihit IJ(Rek 90721) Page 22 of 22 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, September 27, 2022 REFERENCE NO.: **M&C 22-0749 LOG NAME: 13P22-0135 LG DIAMETER SEWER INSPECTION & CLEANING SV WATER LSJ SUBJECT: (ALL) Authorize Purchase Agreement for Large Diameter Sewer Inspection and Cleaning Services with Ace Pipe Cleaning, Inc., for an Annual Amount Up to $2,500,000.00 and Authorize Four Annual Renewal Options for the Same Annual Amount for the Water Department RECOMMENDATION: It is recommended that the City Council authorize a purchase agreement for large diameter sewer inspection and cleaning services with Ace Pipe Cleaning, Inc., for an annual amount up to $2,500,0000.00 and authorize four annual renewal options for the same annual amount for the Water Department. DISCUSSION: The Water Department approached the Purchasing Division to finalize an annual agreement for large diameter sewer inspection and cleaning services. Under the proposed Agreement, the vendor will inspect and provide cleaning services for the City's sanitary sewer lines on an as needed basis. In order to procure these services, Purchasing issued Invitation to Bid (ITB) No. 22-0135. The ITB consisted of detailed specifications describing the vendor's responsibilities and requirements to inspect and clean the sewer lines throughout the City. The ITB was advertised in the Fort Worth Star-Telegram for four consecutive Wednesdays beginning on May 11, 2022, through June 1, 2022. The City received two bids. However, upon evaluation, BCAC Underground LLC, did not score at least 50\% or more of the total available points for technical criteria, therefore, they were not qualified to receive pricing points. An evaluation panel comprised of representatives of the Water Department reviewed and scored the submittals using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below. Bidders Evaluation Factors 0®❑c dl Total Score Ace Pipe 20.8[16.7[11240 90 Cleaning, Inc. BCAC Bidder did not meet technical Underground 2.5 2 1.5 X points; therefore, cost was not LLC evaluated. Best Value criteria: (a) Contractor's Qualifications and Experience (b) Contractor's ability to meet the City's Needs (c) Contractor's approach to Perform Services (d) Cost of service http://apps.cfwnet.org/ecounciI/printinc.asp?id=30302&print=true&DocType=Print 9/27/2022 After evaluation, the panel concluded that Ace Pipe Cleaning Inc., presented the best value for the City. Therefore, the panel recommends that Council authorize this agreement with Ace Pipe Cleaning Inc., based on Best Value criteria. No guarantee was made that a specific amount of these services will be purchased. Staff certifies that the recommended vendor's bid met specifications. Funding is budgeted in the in the Water Department rollup within the Water and Sewer Fund. AGREEMENT TERMS - Upon City Council approval, this agreement shall begin upon execution and expire one year from that date. RENEWAL TERMS - The contract may be renewed for up to four successive one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. DIVERSITY AND INCLUSION (DVIN) -A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDERS - In addition, an administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water and Sewer Fund to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. BQN\\ FUND IDENTIFIERS (FIDs): TO Fund Department Account Project Program ctivity Budget Reference # mount I ID ID Year (Chartfield 2) FROM Fund Department ccount Project Program ctivity Budget Reference # mount ID ID Year (Chartfield 2) CERTIFICATIONS: Reginald Zeno (8517) Submitted for City Manager's Office by: Dana Burghdoff (8018) Anthony Rousseau (8338) Originating Department Head: Christopher Harder (5020) Cynthia Garcia (8525) Additional Information Contact: LaKita Slack-Johnson (8314) ATTACHMENTS 1. 13P22-0135 SEWER INSPECTION AND CLEANING SVS WATER LSJ funds availability.pdf (CFW Internal) 2. 13P22-0135 SEWER INSPECTION AND CLEANING SVS WATER LSJ Updated FID.xlsx (CFW Internal) http://apps.cfwnet.org/ecounciI/printinc.asp?id=30302&print=true&DocType=Print 9/27/2022 3. 20-0135 APPROVED WAIVER.pdf (CFW Internal) 4. ACE Sams.pdf (CFW Internal) 5. Form 1295 Certificate 100922763 signed.pdf (CFW Internal) http://apps.cfwnet.org/ecounciI/printmc.asp?id=30302&print=true&DocType=Print 9/27/2022