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HomeMy WebLinkAboutContract 48083-A1 CSC # STATE OF TEXAS § � 89-10 ,y § KNOWN ALL BY THESE PRESENTS: 6 h COU OF TARRANT § N RE�E�VED FIRST AMENDMENT TO C pF CITY SECRETARY CONTRACT NO. 48083 C51 SECA�ARV 4, 10 ST AMENDMENT to City Secretary Contract No. 48083 is entered into by and between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas, acting through Fernando Costa, its duly authorized Assistant City Manager, and Lighting Resources Texas, LLC for Lamps, Ballast, and Electronic Waste Recycling and Disposal Services ("Contractor"), acting through Daniel Gillespie, its duly authorized President. WHEREAS, the City and Lighting Resources Texas, LLC for Lamps, Ballast, and Electronic Waste Recycling and Disposal Services have entered into that certain agreement identified as City Secretary Contract No. 48083 (also the "Contract") commencing on August 11, 2017 for packaging, transportation, and disposal of various lamp, ballast, and electronic waste services; and WHEREAS, the contract was for an initial term of one year and that contract provides for the extension of the term of the agreement for up to four additional periods of one year each; and WHEREAS, municipal contracts for services are exempt from the provisions of Chapter 252 of the Texas Local Government Code under the General Exemption provided for procurements necessary to preserve or protect the public health or safety of a municipality's residents; and WHEREAS, the parties wish to extend the term of the initial contract for an additional year (first of four) and sufficient funds have been appropriated; and WHEREAS, the parties agree that all other conditions, terms, and pricing shall remain the same as stated in City Secretary Contract No. 48083; NOW, THEREFORE, for and-in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows: 1. Extended term of contract: City Secretary Contract No. 48083 is extended to include the term beginning August 11, 2017 and ending August 10, 2018. 2. Compensation Not to Exceed Amount: Compensation shall not exceed thirty thousand dollars ($30,000.00) for the term of this amendment, billable according to the compensation schedule of Cit Secretary Contract No. 48083 and subject to all other terms and conditions as stated i i City Secreta—ry--Uo—r tract No. 48083. OFFICIAL RECORDS CITY SECRETARY First Amendment to Contract#48083 FT'WORTPv TX Page 1 of 3 Lighting Resources Texas,LLC for Lamps,Ballast,and Electronic Waste Recycling and Dkuosal Services CSC # 3. Miscellaneous: All other definitions, terms, and conditions of City Secretary Contract No. 48083 shall remain unchanged except as expressly set forth herein. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK First Amendment to Contract#48083 Page 2 of 3 Lighting Resources Texas,LLC for Lamps,Ballast,and Electronic Waste Recycling and Disposal Services CSC # IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH CONTRACTOR r n__ LLC � n r-- Lamps, Resources Texas, LLC-'fo Lamps, Ballast, and Electronic Was Recycling and Disposal rvices Fernando Costa Daniel Gillespie Assistant City M nager President Date: WLSZ 7 APPROVED AS TO FORM WITNESS: AND LEGALITY: (AU fiz dtiIli _ vista opez-Rey Ids Senior Assistant City Attorney Cody N(, Whittenburg Envirorn rental Manager ATTE T: ' ORPORATE SEAL: �FORTlf,0 Mavy J. y City Secr ry U NO M&C REQUIRED 7EXPS CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER By s ing I acknowledge that I am the person responsible for the monitoring and administration of i ontract, including ensuring all performance and reporting requirements. Roger Grantham OFFICIAL RECORD Environmental Supervisor CITY SECRETARY FT. W®RTF:,TX First Amendment to Contract#48083 Page 3 of 3 Lighting Resources Texas,LLC for Lamps,Ballast,and Electronic Waste Recycling and Disposal Services 'i _.. s,- .� � '. ��. ,� . � r,_ rH .�4 Y�:`•- . S ,� �. _J _ R � r t; w ..y sa }''. � ... � ,y\. i VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Non-resident vendors in (give State), our principle place of business, are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) is in the State of Texas. Bidder: Lighting Resources Texas LLC &.tn I. A vJ PX'S o r_ By: (Please Print) v Signature oJ t_S OFFICIAL RECORD CITY SECRETARY Title (Please Print) FT,W®RTH9 TX CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Department of Transportation and City of Fort Worth Project No. ENV 16-07: EW & L Recycling CONTRACTOR Li€;htin esources LLC By: Name: i zcA �'� C((�s Title: P('25c 4e.K f Date: ��(i�o`lfl 17 STATE OF TEXAS § COUN Y OF TARRANT § Before me, the ndersigned authority, on this day per nally appeared , known o me to be the person whose name subscribed to the fore oing instrument, and ac owledged to me that he executed the s e as the act and dee of Lighting Resources exas LLC for the purposes and co sideration therein exp ssed and in the capacit therein stated. Given Under y Hand and Seal of ice this day of 20 / Notary Public in and for the State of ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ventura ) On August 11, 2017 before me, Kathy Martin (insert name and title of the officer) personally appeared Daniel P. Gillespie who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHY NlARTltifI COMM. #2132371 WITNESS my hand and official seal. Notary Public-California o Ventura County My Comm.Expires Nov.1,2019 Signature (Seal) e Alp— �� CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: 8/03/17 NAME OF PROJECT: CONTRACT FOR PACKAGING, TRANSPORTATION, AND DISPOSAL OF VARIOUS LAMPS, BALLASTS, AND ELECTRONIC WASTES PROJECT NO. ENV- 16: 07 EW & L CONTRACTOR: Lighting Resources Texas LLC Please staple your Accord insurance form to this page. Your insurance form should list the City of Fort Worth as the additionally insured. Client#: 125807 40LIGHTINGRE ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/30/2016 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 NAME: J.Smith Lanier&Co Knoxville PHONE 865 588-7200 FAX ac No Exe: (AJ No): 865 588-7224 413 Northshore Drive,SW E-MAIL Knoxville,TN 37919 ADDRESS: 865 588-7200 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Westchester Surplus Lines Ins. 10172 INSURED INSURERS:Berkshire Hathaway Homestate Co 20044 Lighting Resources,LLC INSURER C:ACE American Insurance Company 22667 1919 Williams St,#350 Simi Valley,CA 93065 INSURER DINSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR I WV POLICY NUMBER MM/DD/YYYY MM/DD/YYY A X COMMERCIAL GENERAL LIABILITY G23832161009 0/01/2016 10/01/2017 EACH OCCURRENCE $1 000 000 CLAIMS-MADE IX OCCUR PREMISES EaEoccccurrrence $100 000 X BI/PD Ded-$5,000 MED EXP(Any one person) s25,000 X Professional Liab Prof Liability PERSONAL S ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 Limit GENERAL AGGREGATE $5,000,000 X POLICY COT- EE]LOC $5,000,000 Agg PRODUCTS-COMP/OP AGG s5,000,060 OTHER: $10,000 $ C AUTOMOBILE LIABILITY H08416266009 10/01/2016 10/01/2017 COEaMBINED SINGLE LIMIT $1,000,000 accident X ANY AUTO BODILY INJURY(Per person) $ ALL UOWNED SACOEDULED Phys Damage BODILY INJURY(Per accident) $ NON-OWNED $2,000/COII PROPERTY DAMAGE $ AUTOS Peraccident$2,000/Comp $ A XOCCUR G23832173008 0/01/2016 10/01/201 EACH OCCURRENCE $5 000 000 CLAIMS-MADE AGGREGATE $5 000 O00 ION $ B WORKERS COMPENSATION LIWC602540 0/01/201610/01/201 X PER oTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDE[ N N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000 A Pollution Legal G23832173008 10/01/2016 10/01/201 $1,000,000/Occ Liability $5,000,000/Agg $10,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Fort Worth,its Officers,Employees,and Volunteers are included as additional insured when required by written contract but only with respects to the auto liability and general liability insurance and subject to the provisions and limitations of the policy.Waiver of subrogation applies to General Liability,Auto Liability,and Workers Compensation when required by written contract and subject to the provisions and limitations of the policy. CERTIFICATE HOLDER CANCELLATION City of Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE ©19 8- 14 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3190992/M3190320 CVT