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HomeMy WebLinkAboutContract 48155-R1 CSC No. L S' CITY OF FORT WORTH REQUEST TO EXERCISE RENEWAL OPTION October 25,2017 Aqua Metric Sales Company A Thirkettle Company 6700 Guada Coma DR Schertz,TX 78154 Re: REQUEST TO EXERCISE RENEWAL OPTION Water Service Meters,Appurtenances and Related Services Contract No.CSC No.48155(the"Contract") Renewal Term No. 1:October 1,2017 to September 30,2018 The above referenced Contract will expire on September 30, 2017. Pursuant to the Contract, contract renewals are at the sole option of the City.This letter is to inform you that the City is exercising its right to renew CSC No.48155 for an additional one year period,which will begin immediately upon the expiration of the current term and will end on September 30,2018.All other terms and conditions of CSC No.48155 remain unchanged.Please return this signed acknowledgement letter, along with a copy of your current insurance certificate,to the address set forth below,acknowledging receipt of the Notice to contract Renewal. Please log onto BuySpeed Online at http://fortworthexas.gov/12urchasing to insure that your company information is correct and up-to-date. If you have any questions concerning this Request for Contract Renewal,please contact me at the telephone number listed below. Sincerely yours, Jerry Chandler,Contract Compliance Specialist Water Department 817-392-7393—Direct I hereby acknowledge receipt of the contract Renewal Notice for CSC No. 48155 for a one year period ending September 30, 2018. By: Mike Cartwright Operations Date: 10/25/17 Printed Name and 'tle G Signature f * CITYO CITY OF T WORTH: A ST: .T Jesus J.Chapa,Assistant'CityTfanagerf ary J.Kay C S tare 7C Date: f pC M&C No.C-28286 RECOMMENDED — gAssistant VED AS TO FORM AND LEGALITY: OFFICIAL RECOR Kara ror CITY SECRETAR cti rector,Water Department ff.WORTH,TX ity Attorney CSC No. Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Narrkelof Emp yee Title NOTEPAD. HOLDER CODE FORTWOR THIRK-1 PAGE INSURED'S NAME Thirkettle Corporation OP ID:JP Date 1012512017 The City of Fort Worth its employees, officers, officials agents and volunteers are named as additional insured for the General Liability S Auto Liability per attached form #421-2915 1214 S form #461-0155. Waiver of Subrogation applies for the benefit of the City of Fort Worth. The term City shall include its employees, officers, officials, agent, and olunteers in respect to the contracted services. Insurance is Primary and Non-Contributory. 30 days notice of cancellation. Policy No. ZZ3A66494002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract,Agreement or Permit Included 2. Additional Insured—Primary and Non-Contributory Included 3. Blanket Waiver of Subrogation Included 4. Bodily Injury Redefined Included 5. Broad Form Property Damage—Borrowed Equipment, Customers Goods& Use of Elevators Included 6. Knowledge of Occurrence Included 7. Liberalization Clause Included 8. Medical Payments Included 9. Newly Acquired or Formed Organizations-Covered until end of policy period Included 10. Non-owned Watercraft 51 ft. 11. Supplementary Payments Increased Limits - Bail Bonds $2,500 - Loss of Earnings $1000 12. Unintentional Failure to Disclose Hazards Included 13. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or (1) "Your work" for the additional insured(s) Permit designated in the contract, agreement or The following is added to SECTION II — WHO IS permit; AN INSURED: (2) Premises you own, rent, lease or occupy; Additional Insured by Contract, Agreement or or Permit (3) Your maintenance, operation or use of a. Any person or organization with whom you equipment leased to you. agreed in a written contract, written agreement b. The insurance afforded to such additional or permit that such person or organization to insured described above: add an additional insured on your policy is an additional insured only with respect to liability (1) Only applies to the extent permitted by law; and for "bodily injury", "property damage", or "personal and advertising injury" caused, in (2) Will not be broader than the insurance whole or in part, by your acts or omissions, or which you are required by the contract, the acts or omissions of those acting on your agreement or permit to provide for such behalf, but only with respect to: additional insured. 421-2915 12 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 4 (3) Applies on a primary basis if that is advertising injury" involved the rendering required by the written contract, written of or failure to render any professional agreement or permit. services by or for you. (4) Will not be broader than coverage d. With respect to the insurance afforded to provided to any other insured. these additional insureds, the following is (5) Does not apply if the "bodily injury", added to SECTION III — LIMITS OF "property damage" or "personal and INSURANCE: advertising injury" is otherwise excluded The most we will pay on behalf of the from coverage under this Coverage Part, additional insured for a covered claim is the including any endorsements thereto. lesser of the amount of insurance: c. This provision does not apply: 1. Required by the contract, agreement or (1) Unless the written contract or written permit described in Paragraph a.; or agreement was executed or permit was 2. Available under the applicable Limits of issued prior to the "bodily injury", "property Insurance shown in the Declarations. damage", or "personal injury and This endorsement shall not increase the advertising injury". applicable Limits of Insurance shown in the (2) To any person or organization included as Declarations. an insured by another endorsement 2. Additional Insured — Primary and Non- issued by us and made part of this Contributory Coverage Part. The following is added to SECTION IV — (3) To any lessor of equipment: COMMERCIAL GENERAL LIABILITY (a) After the equipment lease expires; or CONDITIONS, Paragraph 4.Other insurance: (b) If the "bodily injury", "property Additional Insured — Primary and Non- damage", "personal and advertising Contributory injury" arises out of sole negligence of If you agree in a written contract, written the lessor agreement or permit that the insurance provided to (4) To any: any person or organization included as an (a) Owners or other interests from. whom Additional Insured under SECTION If — WHO IS land has been leased which takes AN INSURED, is primary and non-contributory, place after the lease for the land ex- the following applies: pires; or If other valid and collectible insurance is available (b) Managers or lessors of premises if: to the Additional Insured for a loss covered under Coverages A or B of this Coverage Part, our (i) The occurrence takes place after obligations are limited as follows: you cease to be a tenant in that a. Primary Insurance premises; or (ii) The "bodily injury", "property This insurance is primary to other insurance damage", "personal injury" or that is available to the Additional Insured "advertising injury" arises out of which covers the structural alterations, new con- Additional Insured as a Named Insured. We struction or demolition operations will not seek contribution from any other performed by or on behalf of the insurance available to the Additional Insured manager or lessor. except: (5) To "bodily injury", "property damage" or (1) For the sole negligence of the Additional "personal and advertising injury" arising Insured; out of the rendering of or the failure to (2) When the Additional Insured is an render any professional services. Additional Insured under another primary This exclusion applies even if the claims liability policy; or against any insured allege negligence or (3) when b. below applies. other wrongdoing in the supervision, hiring, employment, training or monitoring If this insurance is primary, our obligations are of others by that insured, if the not affected unless any of the other insurance "occurrence" which caused the "bodily is also primary. Then, we will share with all injury" or"property damage" or the offense that other insurance by the method described which caused the "personal and in c. below. 421-2915 12 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4 b. Excess Insurance insurer contributes equal amounts until it has (1) This insurance is excess over any of the paid its applicable limit of insurance or none of other insurance, whether primary, excess, the loss remains, whichever comes first. If any contingent or on any other basis: of the other insurance does not permit contribution by equal shares,we will contribute (a) That is Fire, Extended Coverage, by limits. Under this method, each insurer's Builder's Risk, Installation Risk or share is based on the ratio of its applicable similar coverage for"your work"; limit of insurance to the total applicable limits (b) That is Fire insurance for premises of insurance of all insurers rented to the Additional Insured or 3. Blanket Waiver of Subrogation temporarily occupied by the Additional The following is added to SECTION IV — Insured with permission of the owner; COMMERCIAL GENERAL LIABILITY (c) That is insurance purchased by the CONDITIONS, Paragraph 8. Transfer Of Rights Additional Insured to cover the Of Recovery Against Others To Us: Additional Insured's liability as a tenant for "property damage" to We waive any right of recovery we may have premises rented to the Additional against any person or organization with whom you Insured or temporarily occupied by the have a written contract that requires such waiver Additional with permission of the because of payments we make for damage under owner; or this coverage form. The damage must arise out of your activities under a written contract with that (d) If the loss arises out of the person or organization. This waiver applies only to maintenance or use of aircraft, "autos" the extent that subrogation is waived under a or watercraft to the extent not subject written contract executed prior to the "occurrence" to Exclusion g. of SECTION I — or offense giving rise to such payments. COVERAGE A — BODILY INURY AND PROPERTY DAMAGE 4. Bodily Injury Redefined LIABILITY. SECTION V— DEFINITIONS, Definition 3. "bodily (2) When this insurance is excess, we will injury"is replaced by the following: have no duty under Coverages A or B to 3. "Bodily injury" means bodily injury, sickness or defend the insured against any"suit" if any disease sustained by a person including death other insurer has a duty to defend the resulting from any of these at any time. "Bodily insured against that "suit". If no other injury" includes mental anguish or other insurer defends, we will undertake to do mental injury resulting from "bodily injury". so, but we will be entitled to the insured's 5. Broad Form Property Damage — Borrowed rights against all those other insurers. Equipment, Customers Goods, Use of (3) When this insurance is excess over other Elevators Insurance, we will pay only our share of a. SECTION I—COVERAGES,COVERAGE A— the amount of the loss, if any, that BODILIY INJURY AND PROPERTY exceeds the sum of: DAMAGE LIABILITY, Paragraph 2. (a) The total amount that all such other Exclusions subparagraph j. is amended as insurance would pay for the loss in the follows: absence of this insurance; and Paragraph (4) does not apply to "property (b) The total of all deductible and self damage" to borrowed equipment while at a insured amounts under all that other jobsite and not being used to perform insurance. operations. We will share the remaining loss, if any, Paragraphs (3), (4) and (6) do not apply to with any other insurance that is not "property damage"to"customers goods"while described in this Excess Insurance on your premises nor do they apply to the use provision and was not bought specifically of elevators at premises you own, rent, lease to apply in excess of the Limits of or occupy. Insurance shown in the Declarations of b. The following is added to SECTION V — this Coverage Part. DEFINTIONS: c. Method Of Sharing 24. "Customers goods" means property of If all of the other insurance permits your customer on your premises for the contribution by equal shares,we will follow this purpose of being: method also. Under this approach each 421-2915 12 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 a. worked on; or SECTION I — COVERAGES, COVERAGE A b. used in your manufacturing process. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, c. The insurance afforded under this provision is subparagraph g.(2) is replaced by the following: excess over any other valid and collectible g Aircraft,Auto Or Watercraft property insurance (including deductible) available to the insured whether primary, (2) A watercraft you do not own that is: excess, contingent (a) Less than 51 feet long; and 6. Knowledge of Occurrence (b) Not being used to carry persons or The following is added to SECTION IV — property for a charge; COMMERCIAL GENERAL LIABILITY This provision applies to any person who, CONDITIONS, Paragraph 2. Duties in the Event with your consent, either uses or is of Occurrence, Offense,Claim or Suit: responsible for the use of a watercraft. e. Notice of an "occurrence", offense, claim or 11. Supplementary Payments Increased Limits "suit" will be considered knowledge of the insured if reported to an individual named SECTION I — SUPPLEMENTARY PAYMENTS insured, partner, executive officer or an COVERAGES A AND B, Paragraphs 1.b. and "employee" designated by you to give us such 1.d.are replaced by the following: a notice. 1.b.Up to $2,500 for cost of bail bonds required 7. Liberalization Clause because of accidents or traffic law violations arising out of the use of any vehicle to which The following is added to SECTION IV — the Bodily Injury Liability Coverage applies. COMMERCIAL GENERAL LIABILITY We do not have to furnish these bonds. CONDITIONS: Liberalization Clause 1.d.All reasonable expenses incurred by the insured at our request to assist us in the If we adopt any revision that would broaden the investigation or defense of the claim or "suit", coverage under this Coverage Form without including actual loss of earnings up to$1000 a additional premium, within 45 days prior to or day because of time off from work. during the policy period, the broadened coverage 12. Unintentional Failure to Disclose Hazards will immediately apply to this Coverage Part. 8. Medical Payments The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY a. SECTION I—COVERAGES, COVERAGE C— CONDITIONS, Paragraph 6. Representations: MEDICAL PAYMENTS, Paragraph 1. We will not disclaim coverage under this Coverage Insuring Agreement, subparagraph a.(3)(b) Part if you fail to disclose all hazards existing as of is replaced by the following: the inception date of the policy provided such (b) The expenses are incurred and reported failure is not intentional. to us within three years of the date of the 13. Unintentional Failure to Notify accident; and The following is added to SECTION IV — b. This coverage does not apply if COVERAGE C — MEDICAL PAYMENTS is excluded either COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event by the provisions of the Coverage Part or by of Occurrence, Offense, Claim or Suit: endorsement. Your rights afforded under this policy shall not be 9. Newly Acquired Or Formed Organizations prejudiced if you fail to give us notice of an SECTION II — WHO IS AN INSURED, Paragraph "occurrence", offense, claim or"suit', solely due to 3.a. is replaced by the following: your reasonable and documented belief that the a. Coverage under this provision is afforded until "bodily injury"or"property damage" is not covered the end of the policy period. under this policy. 10. Non-Owned Watercraft ALL OTHER TERMS, CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED. 421-2915 12 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 4 Policy No. AW3A66502302 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. CANCELLATION EXTENSION d. Any business entity for which you Paragraph A. CANCELLATION 2. b. of the have a financial interest greater COMMON POLICY CONDITIONS is than 50%of the voting stock or replaced with the following: otherwise have a controlling b. 60 days before the effective date interest after the effective date of of cancellation if we cancel for this policy or that is newly any other reason. acquired or formed by you during the term of this policy. SECTION I-COVERED AUTOS The coverage provided by this 2. EMPLOYEE HIRED"AUTOS" provision is afforded until Description Of Covered Auto expiration or termination of this Designation Symbols; Symbol 8 is policy, whichever occurs earlier. replaced by the following: The coverage provided by this 8= Hired"Autos"Only - Only those"autos" provision does not apply to any you lease, hire, rent or borrow; including business entity described in d. "autos"your employee hires at your above that qualifies as an direction, for the purpose of conducting your insured under any other business. This does not include any"auto" automobile liability policy issued you lease, hire, rent, or borrow from any of to that business entity as a your"employees"or partners or members of named insured or would have their households. been an insured except for the exhaustion of the policy limits or SECTION II-LIABILITY COVERAGE the insolvency of the insurer. 3. BROADENED NAMED INSURED The coverage provided by this provision does not apply to The following is added to the SECTION 11- "bodily injury" nor"property LIABILITY COVERAGE, Paragraph 1.Who damage"arising from an Is An Insured provision: accident that occurred prior to your acquiring or forming the business entity described in d. above. Includes copyrighted material of Insurance Services Office, Inc. with its permission, Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) 4. EMPLOYEES AS INSUREDS SECTION III-PHYSICAL DAMAGE COVERAGE. The following is added to the SECTION II- LIABILITY COVERAGE, Paragraph 1.Who 7. EXPENSE OF RETURNING A STOLEN Is An Insured provision: "AUTO"and SIGN COVERAGE e. Any employee of yours is an The following is added to SECTION III- "insured"while using a covered PHYSICAL DAMAGE COVERAGE,A.I. "auto"you do not own, hire or COVERAGE: borrow in your business or your personal affairs. d. Expense Of Returning A Stolen "Auto" 5. SUPPLEMENTARY PAYMENTS The followingamends SECTION II- We will pay for the expense of returning a covered"auto"to you. LIABILITY COVERAGE, Paragraph 2. Coverage Extensions provision: e. Sign Coverage Paragraph (2) is replaced by the following: We will pay for loss to signs, (2) Up to$2500 for cost of bail bonds murals, paintings or graphics, (including bonds for related traffic as part of equipment,which are law violations) required because displayed on a covered"auto". of an "accident"we cover. We do not have to furnish these bonds. The most we will pay for"loss" in any one"accident" is the lesser of: Paragraph (4) is replaced by the following: (4) All reasonable expenses incurred 1. The actual cash value of by the"insured"at our request, the property as of the including actual loss of earnings time of the"loss"; or up to$500 a day because of time 2. The cost of repairing or off from work. replacing the damaged or stolen property with other 6. AMENDED FELLOW EMPLOYEE property of like kind and EXCLUSION quality; or 3. $2,000. The following is added to the SECTION II- LIABILITY COVERAGE, B. Exclusions 8. GLASS BREAKAGE DEDUCTIBLE Paragraph 5. Fellow Employee exclusion: The following is added to SECTION III- This exclusion does not apply if the PHYSICAL DAMAGE COVERAGE A. "bodily injury"arises from the use of a COVERAGE paragraph 3. Glass covered"auto"you own or hire. This Breakage-Hitting a Bird or Animal- coverage is excess over any other Falling Objects or Missiles: collectible insurance Any deductible shown in the Declarations as applicable to the Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) covered"auto"will not apply to glass direction, for the purpose of breakage if such glass is repaired, conducting your business, for a rather than replaced. period of 30 days or less, of like kind and use as the"autos"you 9. TRANSPORTATION EXPENSE own,subject to the following: Paragraph 4. Coverage Extension. of The most we will pay for any one SECTION III-PHYSICAL DAMAGE loss is the lesser of the following: COVERAGE,A. COVERAGE is replaced with the following: a. $50,000 per accident, or b. cash value, or 4. Coverage Extension c. the cost of repair, We will pay up to$50 per day to a minus the deductible equal to the maximum of$1500 for temporary lowest deductible applicable to any transportation expense incurred by owned "auto"for that coverage. you because of the total theft of a Any deductible shown in the covered"auto"of the private Declarations does not apply to passenger type. We will pay only "loss"caused by fire or lightning. for those covered"autos"for which Subject to the limit and deductible you carry either Comprehensive or stated above, we will provide Specified Causes of Loss coverage equal to the broadest Coverage. We will pay for coverage provided to any covered temporary transportation expenses "auto"you own, that is applicable to incurred during the period beginning the loss. 24 hours after the theft and ending, regardless of the policy's expiration, If the loss arises from an accident when the covered"auto"is returned for which you are legally liable and to use or we pay for its"loss". the lessor incurs an actual financial loss from that accident, we will 10. HIRED AUTO PHYSICAL DAMAGE cover the lessor's actual financial loss of use of the hired"auto"for a The following is added to SECTION III- period of up to seven consecutive PHYSICAL DAMAGE COVERAGE,A. days from the date of the accident, COVERAGE: subject to a limit of$1,000 per accident. 5. Hired Auto Physical Damage 11. AUDIO,VISUAL AND DATA If hired"autos"are covered"autos" ELECTRONIC EQUIPMENT for Liability Coverage and if COVERAGE Physical Damage Coverage of Comprehensive, Specified Causes The following is added to SECTION III- of Loss, or Collision is provided PHYSICAL DAMAGE COVERAGE,A. under this Coverage Form for any COVERAGE: "auto"you own, then the Physical Damage Coverage(s) provided is 6. Audio,Visual and Data Electronic extended to"autos"you hire without Equipment Coverage a driver or your employee hires, without a driver, at your We will pay for"loss"to any electronic equipment that receives Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) or transmits audio, visual or data signals and that is not designed b. Permanently installed solely for the reproduction of sound. in the opening of the dash This coverage applies only if the or console normally used equipment is permanently installed by the manufacturer for the in the covered"auto"at the time of installation of a radio. the"loss"or the equipment is removable from a housing unit With respect to coverage herein, the which is permanently installed in the LIMIT OF INSURANCE provision of covered"auto' at the time of the PHYSICAL DAMAGE COVERAGE "loss", and such equipment is is replaced by the following: designed to be solely operated by use of the power from the"auto's" 1. The most we will pay for all electrical system, in or upon the "loss"to audio, visual or data covered"auto", including its electronic equipment and any antennas and other accessories. accessories used with this However, this does not include equipment as a result of any tapes, records or discs. one"accident" is the lesser of The exclusions that apply to a. The actual cash value of PHYSICAL DAMAGE COVERAGE, the damaged or stolen except for the exclusion relating to property as of the time of Audio, Visual and Data Electronic the"loss"; or Equipment, also apply to coverage b. The cost of repairing or provided herein. In addition, the replacing the damaged or following exclusions apply: stolen property with other property of like kind and We will not pay , under this quality; or coverage, for either any electronic c. $500. equipment or accessories used with such electronic equipment that is: 2. An adjustment for depreciation and physical 1. Necessary for the normal condition will be made in operation of the covered determining actual cash value "auto"or the monitoring of at the time of the"loss". the covered"auto's" operating system; or 3. Deductibles applicable to PHYSICAL DAMAGE 2. Both: COVERAGE, do not apply to this Audio, Visual and Data a. An integral part of the Electronic Equipment same unit housing any Coverage. sound reproducing equipment designed If there is other coverage provided solely for the by this policy for audio, visual and reproduction of sound if the data electronic equipment, the sound reproducing coverage provided herein is equipment is permanently installed in the covered "auto", and Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) excess. However, you may elect to covered "auto". If"loss"is apply the limit or any portion thereof caused by theft, this of coverage provided herein to pay number of days is added any deductible that is applicable to the number of days it under the provisions of the other takes to locate the covered coverage. "auto"and transport it to a repair shop. 12. RENTAL REIMBURSEMENT and MATERIAL TRANSFER EXPENSE 2. 60 days. The following is added to SECTION III- Our payment is limited to the lesser PHYSICAL DAMAGE COVERAGE,A. of the following amounts: COVERAGE: 1. Necessary and actual 7. Rental Reimbursement and expenses incurred, Material Transfer Expense including loss of use. This coverage provides only those 2. $3000. Physical Damage Coverages where a premium is shown in the This auto rental expense coverage Declarations. It applies only to a does not apply while there are covered "auto"described or spare or reserve"autos"available to designated to which the Physical you for your operations. Damage Coverages apply. If"loss"results from the total theft of We will pay for auto rental expenses a covered "auto"of the private and the expenses, incurred by you passenger type,we will pay under because of"loss"to a covered this coverage only that amount of "auto", to remove and transfer your your rental reimbursement materials and equipment from the expenses which is not already covered"auto" . Payment applies in provided for under the SECTION addition to the otherwise applicable III -PHYSICAL DAMAGE amount of each coverage you have COVERAGE,A.4. Coverage on a covered"auto". No Extension. deductibles apply to this coverage. 13. AIRBAG COVERAGE We will pay only for those auto rental expenses incurred during the The following is added to SECTION III- policy period beginning 24 hours PHYSICAL DAMAGE COVERAGE, B. after the"loss"and ending, Exclusions, paragraph 3. regardless of the policy's expiration, with the lesser of the following The portion of this exclusion relating to number of days: mechanical or electrical breakdown does not apply to the accidental discharge of an 1. The number of days airbag. This coverage is excess of other reasonably required to collectible insurance or warranty. No repair or replace the deductible applies to this Airbag Coverage. Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) 14. AUTO LOAN PHYSICAL DAMAGE imposed under a lease for excessive use, EXTENSION abnormal wear and tear or high mileage; security deposits not refunded by the lessor; The following is added to SECTION III - cost for extended warranties, Credit Life PHYSICAL DAMAGE COVERAGE,C. Insurance, Health,Accident or Disability Limit Of Insurance provision: Insurance purchased with the loan; and carry over balances from previous leases. When a"loss"results in a total loss to a covered auto you own for which a Loss This coverage applies only to the initial Payee is designated in this policy, the most lease for the covered"auto"which has not we will pay for"loss" in any one"accident"is previously been leased. This coverage is the greater of: excess over all other collectible insurance. 1. The actual cash value of the SECTION IV-CONDITIONS damaged or stolen property as of the time of the"loss";or 16. DUTIES IN THE EVENT OF ACCIDENT, CLAIM,SUIT OR LOSS 2. The outstanding balance of the initial loan, less any amounts for The following is added to SECTION IV- taxes, overdue payments, overdue BUSINESS AUTO CONDITIONS,A. Loss payment charges, penalties, Conditions, 2. Duties In The Event Of interest, any charges for early Accident, Claim,Suit Or Loss: termination of the loan, costs for Credit Life Insurance, Health, d. Knowledge of any"accident', Accident or Disability Insurance claim, "suit'or"loss"will be purchased with the loan, and deemed knowledge by you when carry-over balances from previous notice of such"accident', loans. claim, "suit'or"loss"has been received by.- 15. y:15. AUTO LEASE PHYSICAL DAMAGE EXTENSION (1) You, if you are an individual; (2) Any partner or insurance The following is added to SECTION III - manager if you are a PHYSICAL DAMAGE COVERAGE, C. partnership; or Limit Of Insurance provision: (3) An executive officer or insurance manager if you are If, because of damage, destruction or theft a corporation. of a covered "auto",which is a long-term leased"auto", the lease agreement between 17. BLANKET WAIVER OF you and the lessor is terminated, "we"will SUBROGATION pay the difference between the amount paid under paragraph C. LIMIT OF INSURANCE Paragraph 5.Transfer Of Rights Of 1. or 2. and the amount due at the time of Recovery Against Others To Us, "loss" under the terms of the lease SECTION IV-BUSINESS AUTO agreement applicable to the leased"auto" CONDITIONS,A. Loss Conditions is which you are required to pay: less any fees replaced by the following: to dispose of the auto; any overdue payments; financial penalties Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) 5. Transfer Of Rights Of Recovery 19, HIRED AUTO-WORLDWIDE Against Others To Us COVERAGE If any person or organization to or The following is added to SECTION IV- for whom we make payment under Business Auto Conditions, B. General this Coverage Form has rights to Conditions, paragraph 7. Policy Period, recover damages from another, Coverage Territory provision: which have not been waived through the execution of an"insured e. Outside the coverage territory contract',written agreement, or described in a., b., c., and d. permit, prior to the"accident'or above for an"accident'or"loss" "loss"giving rise to the payment, resulting from the use of a those rights to recover damages covered "auto"you hire, without a from another are transferred to us. driver, or your employee hires That person or organization must without a driver, at your direction, do everything necessary to secure for the purpose of conducting your our rights and must do nothing after business, for a period of 30 days the"accident'or"loss" to impair or less, provided the suit is them. brought within The United States of America or its territories or 18. UNINTENTIONAL FAILURE TO possessions. DISCLOSE INFORMATION SECTION V-DEFINITIONS The following is added to SECTION IV BUSINESS AUTO CONDITIONS. B. 20. MENTAL ANGUISH General Conditions, paragraph 2. Concealment, Misrepresentation Or Paragraph C. 'Bodily injury",SECTION V- Fraud: DEFINITIONS is replaced by the following: Your unintentional error in disclosing, or C. 'Bodily injury" means bodily injury, failure to disclose, any material fact sickness or disease sustained by a existing after the effective date of this person including death or mental Coverage Form shall not prejudice your anguish resulting from any of these. rights under this Coverage Form. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA ForrWWORTH COUNCIL ACTION: Approved on 6/20/2017 DATE: 6/20/2017 REFERENCE NO.: "''C-28286 LOG NAME: 60WATER SERVICE METERS AMEND N01 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Amendment No. 1 to City Secretary Contract No. 48155, a Water Service Meter Agreement with Thirkettle Corporation d/b/a Aqua Metrics Sales Company to Increase the Estimated Contract Expenditures by $1,000,000.00 to Provide Additional Water Meters for a Total Amount of$2,888,896.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Amendment No.1 to City Secretary Contract No. 48155, a water service meter Agreement with Thirkettle Corporation d/b/a Aqua Metrics Sales Company to increase the estimated contract expenditures by $1,000,000.00 to provide additional water meters for the Fort Worth Water Department; and 2. Revise the term of this Agreement to a one year term rather than a two year term due to the Department's aggressive meter replacement program replacing non-registering water meters and the increased requirement to install new water meter sets due to growth in the City. DISCUSSION: On August 30, 2016, the City Council authorized the execution of a contract for water service meters with Thirkettle Corporation d/b/a Aqua Metrics Sales Company to provide water service meters in an amount not to exceed of$1,888,896.00. Approval of this amendment will result in the Department increasing its estimated annual purchases by $1,000,000.00 for a new contract not to exceed amount of$2,888,896.00. The Water Department uses this Agreement to purchase water service meters and appurtenances to replace malfunctioning or aging meters and to provide for new services within the City and ETJ. Given the current pace of development, the demand for new water services has increased substantially over prior years, resulting in a need to increase purchasing authority. M/WBE OFFICE—A waiver of the goal for the MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund. Prior to an expenditure being made, the Water Department has the responsibility to validate the availability of funds. http://apps.cfwnet.org/council_packet/mc review.asp?ID=24730&councildate=6/20/2017 10/31/2017 M&C Review Page 2 of 2 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I I Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Kara Shuror(8819) Additional Information Contact: Jan Hale (8438) Jerry Chandler(7393) ATTACHMENTS 1295 Formlocal EWH-9632-O.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=24730&councildate=6/20/2017 10/31/2017 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parries. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-278961 Aqua-Metric Sales Company Schertz,TX United States nate Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 11/01/2017 being filed. City of Fort Worth,Texas n to ckno edged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 48155 Water Service Meters and Appurtenances for the City of Fort Worth 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I intermediary Aqua-Metric Sales Company Schertz,TX United States X Arnold,Clint Schertz,TX United States X Cartwright,Michael Schertz,TX United States X Segarra,Kristy Schertz,TX United States X 5 Check only if there is NO interested Party. ❑ 6 A I A T I swear,or affirm,under penalty of perjury.that the above disclosure is true and correct. AMPARO CAROLINA RIVAS Notary 10#r 130778951 My Commission Expires August 15,2020 woo Si a re of autharized agent of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVEy �rppp Sworn to and subscribed before me,by the said t"' � +� r& this the r day of �tt+ Oer, 20-4-1 to certify which,witness my hand and seal of . W it Aiglinitureacof officer administerkg oath Printed name of officer administering oath Title of 61ficer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337