HomeMy WebLinkAboutContract 46837-A1 CITY SECRETARY
CONTRACT NO. TSP
�TATE OF TEXAS §
JUN 2J.2016 § KNOWN ALL BY THESE PRESENTS:
DF!•OR�TY OF TARRANT §
MYSMWARY
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 46837
THIS FIRST AMENDMENT to City Secretary Contract No. 46837 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 Veolia
ES Technical Solutions, LLC, a Delaware Limited Liability Company registered to
conduct business in Texas ("Contractor"), acting through David Flood, its duly
authorized General Manager.
WHEREAS, the City and Veolia ES Technical Solutions, LLC have entered into that
certain agreement identified as City Secretary Contract No. 46837 (also the "Contract")
commencing on July 8, 2015 for waste disposal services as authorized by Mayor and
Council Communication C-27270; 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, that 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 three additional periods of one
year each; and
WHEREAS, the parties wish to extend the term of the initial contract for an additional
year commencing on July 9, 2016 through July 8, 2017, 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. 46837;
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 number 46837 is extended to include the term beginning on July
9, 2016 and ending on July 8, 2017.
OFFICIAL (RECORD
CITY SECRETARY
First Amendment to Contract#46837 Page 1 of 1
Veolia ES Technical Solutions, LLC FT. WORTh , TX
2. Compensation Not to Exceed Amount:
Compensation shall not exceed one hundred fifty thousand dollars ($150,000.00) for the
term of this amendment, billable according to the fee schedule and subject to all other
terms and conditions as stated in City Secretary Contract number 46837, and subject to
prior duly authorized and executed amendments.
3. Miscellaneous:
All other definitions, terms, and conditions of City Secretary Contract number 46837
shall remain unchanged except as expressly set forth herein.
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
Veolia ES Technical Solutions, ILC.-)-Vr
BY: �L_._ BY:
ALX"-
Fernando Costa David Flood
Assistant City Manager General Manager
Date: ( �1
APPROVED AS TO FORM WITNESS:
AND LEGALITY:
a,.�
Arthur N. Bashor
Assistant City Attorney
RECOMMENDED: -I _ co
Cody ittenburg
Environmental Maier rrv•°�FKRYSTAL MARIE DUGAS
My Notary ID#129063403
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OFFICIAL RECORD
CITY SECRETARY
First Amendment to Contract#46837 FT (NORTH TX Page 2 of 2
Veolia ES Technical Solutions, LLC
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. 0
Bidder:
Veolia ES Technical Solutions, LLC
1800 S. Highway 146
Baytown TX 77520
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By: (Please Print)
Signature
C
Title (Please Print)
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 Transportation and Public Works
Department Project No. ENV 15-05: HAL
CONTRACTOR
Veolia ES Technical Solution, LLC
By:
Name: Mr. David Flood
Title: General Manager
Date:
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, on this day personally appeared
VA known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act
and deed of Veolia ES Technical Solutions, LLC for the purposes and consideration
therein expressed and in the capacity therein stated.
Given Under My Hand and Seal of Office this day of , 20� .
SANDV KERBY
= Notary PuuUC_Stale of texas
. My Commison Expires Notary Public n a fort State of
"�'�•' October 26, 2019
'-.,,,;,;,,,.•• Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/21/2015
DATE: Tuesday,April 21,2015 REFERENCE NO.: **C-27270
LOG NAME: 20ENV 15-05—HA7WASTE
SUBJECT:
Authorize Execution of Contract with Veolia ES Technical Solutions,LLC, in an Amount Not to Exceed
$150,000.00 Per Year for Packaging,Transportation and Disposal of Hazardous,Special and Solid Waste
Generated by the City(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with Veolia ES Technical
Solutions,LLC,for packaging,transportation,and disposal of hazardous,special,and solid waste generated
by the City, with a contract amount not to exceed$150,000.00 for a period of one year with three one—year
renewal options.
DISCUSSION:
This contract provides disposal services for wastes generated by City operations to meet federal and state
requirements for wastes that cannot be disposed of by traditional solid waste methods.Materials for disposal
under this contract include,but are not limited to solvents,thinners, paints, pesticides,contaminated
automotive fluids,acids/bases, printer/copier chemicals,and soil or absorbent materials contaminated with
spilled chemicals.
An Invitation to Bid was advertised in the Fort Worth Star Telegram on February 10,2015.Responses were
submitted by seven firms on February 26,2015.Submittals from each of the seven firms were reviewed and
rated based on price and capabilities,qualifications,and experience of the bidders.Veolia ES Technical
Solutions,LLC,was selected as the firm that would provide the best value to the City in accordance with
Chapter 252.043 of the Texas Local Government Code.
RENEWAL OPTIONS –This contract may be renewed for up to three successive one—year terms at
the City's option.Renewal may be effected by notice in writing by the City Manager,or his designee, to the
contractor within 30 days of the expiration of the prior term.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.
M/WBE OFFICE—A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Department and approved by the MIWBE Office, in accordance with the BDE Ordinance,because the
purchase of goods or services from source(s)where subcontracting or supplier opportunities are
negligible.This contract serves the entire City.
FISCAL INFORMATION:
The approval of this action provides purchasing authority up to the$150,000.00 annually,as specified.The
Financial Management Services Director certifies that funds are available in the current operating budget,as
appropriated,of the Environmental Protection Fund and that prior to an expenditure being made,the
Environmental Protection Fund has the responsibility to validate the availability of funds.
FUND CEN'1'k:RS:
TO Fund/Account/Centers FROM Fund/Account/Centers
R103 539410 0204106 $150.000.00
CERTIFICATIONS:
Submitted for City anger's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Michael Gange (6569)
AI'TA CHMENTS
1. Financials M&C 2015 Veolia Tech Solutions .12clf
2. MWBE—Waiver ENV—15-05.ndf
3. R103 0204106.pdf
4. Veolia ES Techical Solutions LI.C—EPLS.pdf
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
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 parties. 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. 2016-71538
Veolia ES Technical Solutions, LLC
Baytown,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/15/2016
being filed.
City of Fort Worth Date A,now e dge
g Provide the identification number used by the governmental entity or state agency to track or identify the contAct,and pro ide a
description of the services,goods,or other property to be provided under the contract.
46837
Transportation,disposal and packaging of hazardous,special and solid waste.
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Michaelis, David Port Arthur,TX United States X
Jarnagin,Carson Baytown,TX United States X
Flood,David Port Arthur,TX United States X
Melancon,Terry Baytown,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under p natty of perjury,that the above disclosure is true and correct.
s
SANDY KERBY
°�Y���=
Notary Public.State of Texas
- ' = My Commission Expires
October 28, 2019 Signature of authorized agent of contracting business entity
E
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said I-1"\ this the (�rn day of MdL�L'S�
20__\_\O.to certify which,witness my hand and seal of office.
ignature of offi r administering oa Printed name of 6fficer Zinist ring oath Title of officer adriinistering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of t
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 parties. 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. 2016-71538
Veolia ES Technical Solutions, LLC
Baytown,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/15/2016
being filed.
City of Fort Worth Date A nowled ed:
3 Provide the identification number used by the governmental entity or state agency to track or identify thet/-cLodntract,an provide a
description of the services,goods,or other property to be provided under the contract.
46837
Transportation,disposal and packaging of hazardous,special and solid waste.
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Michaelis,David Port Arthur,TX United States X
Jarnagin,Carson Baytown,TX United States X
Flood,David Port Arthur,TX United States X
Melancon,Terry Baytown,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
N� SANDY KERBY
riga►'r°�R►
Notary Public.SfOfE'of 1E1tU5
} e My Commission Expires
'•k;,;N;r Oclober 28, 2019
signaturg of authorized aNdof contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE ^��
Sworn to and subscribed before me,by the said 177.V\ �C �� this the l_day of A M
20_La_,to certify which,witness my hand and seal of office.
A L4I
ignature of o icer MnisterEnf oath Printed name of&fficer administe g oath Title of officer admi istering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021
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 parties. 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. 2016-71538
Veolia ES Technical Solutions, LLC
Baytown,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/15/2016
being filed.
City of Fort Worth Date Ack�ledged:
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.
46837
Transportation,disposal and packaging of hazardous,special and solid waste.
Nature of interest
4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Michaelis,David Port Arthur,TX United States X
Jarnagin,Carson Baytown,TX United States X
Flood,David Port Arthur,TX United States X
Melancon,Terry Baytown,TX United States X
5 Check only if there is NO Interested Parry. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
SANDY KERBY
Notary Public,$tote of Texas
" My Commission Expires
October 28. 2019 Sign a of authorized a of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn
tto_and subscribed before me,by the saidy\O _,this the_] �
—day of S
20 t& ,to certify which,witness my hand and seal of office.
�b
i nature of o era ministering ath Printed name of oficer administeririg oath Title of officer admi istering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021