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Contract 41004-R3
City Secretary Contract No °"' ��1 ' w,fi'? THIRD AGREEMENT TO RENEW CITY SECRETARY CONTRACT NO. 41004 FORT WORTH WATER DEPARTMENT EMERGENCY RESPONSE CONTRACT This Third Renewal Agreement("Agreement")is made and entered into by and between the City of Fort Worth, Texas, a home rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas ("City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Ace Pipe Cleaning, Inc. ("Ace") acting by and through its duly authorized representative. City and Ace may be referred to herein individually as a "Party", or collectively as the "Parties". Recitals The following statements are true and correct and form the basis of this Agreement: A. On September 21,2010(M&C C-24471),the City Council authorized the City Manager to execute a contract with Ace for Emergency Response Services. B. On October 25, 2010, the City Manager authorized a contract with Ace for Emergency Response Services, City Secretary Contract No. 41004 (the "Contract"). C. On September 20,2012,the City Manager authorized the first contact renewal and Amendment with Ace for Emergency Response Services, City Secretary Contract No. 41004. D. On November 25, 2013, the City Manager authorized the second contract renewal and Amendment with Ace for Emergency Response Services, City Secretary Contract No. 41004. E. The Contract contains three renewal options under which the Contract may be renewed under the same terms, conditions, and unit prices. Agreement i In consideration of the mutual covenants, promises and obligations contained herein, the Parties agree as follows: FICs'pI A L R E C O R City of Fort Worth&Ace Pipe Cleaning Inc. P.L -2nd Renewal Agreement Page 1 of 2 RECEIVED JUL 2 8 III . .... 1. The Contract is hereby renewed and extended for the third renewal period under the same terms, conditions, and unit prices, commencing on the date of execution of this renew. 2. All other terms and conditions of the Contract shall remain in full force and effect. y4, IN WITNESS WHEREOF, the parties have executed this Agreement on the `""day o , 2014. ATTEST: CITY OF FORT WORTH City S4c yVary Fernando Costa , Assistant City Manager ry Recommended: �P�i"R pOSladp�",4' red S. Frank Crumb, Director ater Department Approved as to Form and Legality: Doug Black Assistant City Attorney L �� f r Ace Pipe Cleaning, Inc. V111 w By: µ� .._ T Jarnrson t I' .,. . _m ...w.. City of Fort Worth&Ace Pipe Cleaning Inc. OFFICIAL RECORD ,Renewal Agreement xi SECRETARY Page 2 of 2 0: '`�E? CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 10/17/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA INC. NAME' 540 W.MADISON A/C No Ext: Alc No): CHICAGO,IL 60661 E-MAIL Attn:chicago.CertRequest @marsh.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# 227309-UMB-UMB-13-14 ACE PI INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:N/A N/A ACE PIPE CLEANING,INC. 4000 E.TRUMAN ROAD INSURER C: KANSAS CITY,MO 64127-2290 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-003960896-12 REVISION NUMBER:4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IN$R SUER POLICY NUMBER M POLICY LTR IDDIYYYY) (MM/DDIYYYYI LIMITS A GENERAL LIABILITY GLO 9377201-10 10/31/2013 10/31/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE To RENTED X COMMERC14L GENERAL LIABILITY PREMISES(E.occurrence) $ 1,000,000 CLAIMS-MADE M OCCUR MED EXP(Any one person) $ 10,000 X XCU INCLUDED PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY X JEO LOC $ A AUTOMOBILE LIABILITY BAP 9377199-10 10/31/2013 10/31/2014 Ee a cciderrtSINGLEOMlT $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _...._...._,_ NON-OWNED PROPERTY DAMAGE $ '.. HIREDAUTOS AUTOS Peracddent $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WC 9377202-10 10/31/2013 10/31/2014 X wo SLAM T- OE H- AND EMPLOYERS'LIABILITY 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? a N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,descr be under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:PROJECT NUMBER C-24471,WATER AND WASTE WATER EMERGENCY RESPONSE THE CITY OF FORT WO RTH,ITS OFFICERS,EMPLOYEES AND SERVANTS ARE ADDITIONAL INSUREDS UNDER G ENERAL LIABILITY AND AUTOMOBILE LIABILITY,BUT ONLY TO THE EXTENT REQUIRED BY THEIR WRITTEN CONTRACT WITH THE NAMED INSURED FOR 0 PERATIONS PERFORMED BY THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION CITY OF FT.WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1000 THROCKMORTON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FT.WORTH,TX 76102 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 227309 _ LOC#: Chicago ACCOREP® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED MARSH USA INC. ACE PIPE CLEANING,INC. 4000 E.TRUMAN ROAD POLICY NUMBER KANSAS CITY,MO 64127-2290 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance THE INSURANCE AFFORDED TO THE ADDITIONAL INSUREDS IS PRIMARY INSURANCE OVER ANY OTHER VALID OR COLLECTIBLE INSURANCE THAT THE ADDITIONAL INSUREDS MAY HAVE WITH RESPECT TO LOSS UNDER THIS POLICY. OTHER INSURANCE OF ANY ADDITIONAL INSUREDS APPLICABLE TO LOSS IS IN EXCESS OVER THIS ENDORSEMENT AND THE AMOUNT OF THE COMPANY'S LIABILITY UNDER THIS POLICY SHALL NOT BE REDUCED BY THE EXISTENCE OF SUCH OTHER INSURANCE,PROVIDED,HOWEVER,THAT THIS PARAGRAPH DOES NOT APPLY(i)TO LOSS CAUSED SOLELY BY THE NEGLIGENCE OF SUCH ADDITIONAL INSUREDS,OR(ii)TO LIABILITY OF THE ARCHITECT,ENGINEER OR SURVEYOR ARISING OUT OF(1)PREPARING,APPROVING OR FAILING TO PREPARE OR APPROVE MAPS,SHOP DRAWINGS,OPINIONS,REPORTS,SURVEYS,FIELD ORDERS,CHANGE ORDERS OR DRAWINGS AND SPECIFICATIONS,OR(2)GIVING DIRECTIONS OR INSTRUCTIONS,OR FAILING TO GIVE THEM,IF THAT IS THE PRIMARY CAUSE OF THE INJURY OR DAMAGE. THE INSURANCE PROVIDED UNDER THIS ENDORSEMENT WILL BE PRIMARY AND NOW CONTRIBUTORY ONLY IF A WRITTEN CONTRACT REQUIRES IT. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTIVoRm COUNCIL ACTION: Approved on 9/21/2010 DATE: 9/21/2010 REFERENCE NO.: **C-24471 LOG NAME: 60FW EMER RESPONSE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Execution of a Contract for Water and Wastewater Emergency Response with Ace Pipe Cleaning, Inc., in the Amount of$49,300.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Water and Wastewater Emergency Response Contract with Ace Pipe Cleaning, Inc., in the amount of $49,300.00. DISCUSSION: The City of Fort Worth owns and operates water and wastewater plants, lift stations, and meter stations that periodically require an emergency response using jet-vac trucks, vacuum tanker trucks, bypass pumping, plugging, and/or temporary piping. The purpose of this contract is to assist operations and maintenance personnel with unforeseen, unscheduled, or emergency operations and maintenance activities. This Emergency Response Contract will ensure that the City has a contractor that can rapidly mobilize to a facility upon notice to perform these emergency services which will help the City stay in compliance with state and federal regulations. This contract shall have three options to renew, under the same terms, conditions, and unit prices. The project was advertised for bid in the Fort Worth Star Telegram on June 24, 2010 and July 1, 2010. Bids were received on July 22, 2010, with Ace Pipe Cleaning, Inc., being the only bidder. M/WBE—A waiver of the goal for M/WBE subcontracting requirements was approved by the M/WBE office because the purchase of goods and services are from sources where subcontracting or supplier opportunities are negligible. This project is located CITYWIDE. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE45 539120 0605002 $7,500.00 PE45 539120 0605003 $7,500.00 PE45 539120 0605011 $7,500.00 PE45 539120 0705011 $12.500.00 PE45 539120 0705012 $5,000.0 0 PE45 539120 0705006 $9,300.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=13965&councildate=9/21/2010 7/16/2014 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Chris Harder(8293) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc review.asp?ID=13965&councildate=9/21/2010 7/16/2014