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HomeMy WebLinkAboutContract 36617-01 "It y `�ECRETARV ►�� d.l� �I STATE OF TEXAS IONTRACT COUNTIES OF TARRANT DENTON AND WISE FIRST RENEWAL AND AMENDMENT OF CITY SECRETARY CONTRACT NO 36617 THIS FIRST EXTENSION AND AMENDMENT to City Secretary Contract No.36617 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 Eagle Construction and Environmental Services,L.P.,acting herein by and through Marc Walraven,its duly authorized President/Vice President, hereinafter called"Contractor". WHEREAS,the City and Contractor entered into that certain agreement identified as City Secretary Contract No. 36617 (also the "Contract") commencing on January 8, 2008 and ending January 7, 2009 with two consecutive one year renewal terms for environmental spill emergency response services; and WHEREAS, the City and Contractor wish to exercise the first renewal option; and WHEREAS, Contractor issued notice and request for consent to an assignment of the Contract to Eagle Construction and Environmental Services, L.L.C. as shown in Exhibit"A"; and WHEREAS, the City hereby wishes to grant such consent; and WHEREAS, the parties agree that all other conditions, terms and pricing shall remain the same as stated in City Secretary Contract No. 36617. 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. Assignment. The parties agree that this Contract is hereby assigned by Eagle Construction and Environmental Services,L.P.to Eagle Construction and Environmental Services,L.L.C., including all rights, obligations and covenants. 2. Extension. This Contract known as City Secretary Contract No. 36617 shall be extended pursuant to Article II"Term"for its first one(1)year renewal beginning January 8,2009 and ending January 7, 2010. 14 Executed thi J� day of ' 2009. First Renewal and Amendment of Eagle Construction and Environmental Services,L.P.to L.L.C.Contract CRR06.]2.09v 1 j OFIAL RE CORD -1- DI'I'YEECWARY #11 CITY OF FORT WORTH EAGLE CONSTRUCTION AND / ENVIRONMENTAL/L SERVICES,L.P. Fernando Costa By: Ma tc Walraven Assistant City Manager President oKSEce Presiders Ap roved as to Form and Legality:,_ Witness: Assistant Iffity Attorney Name: (Joanna Barron Attest: Marty Hen x, City Secretary EAGLE CONSTRUCTION AND ENVIRONMENTAL SERVICES,L.L.0 NO M&C REQUIRED By; a raven Its: President Witil Na le: J anna Barron ILOFFICIALORD AR1fTX First Renewal and Amendment of Eagle Construction and Environmental Services,L.P.to L.L.C.Contract CRR06.12.09vl -2- EXHIBIT "A" R �I 9701 East 1-20 P.O. Box 872 MaEl. Eastland,Texas 76448 CONS TRUCTION - Phone(254)629-1718 & ENVIRONMENTAL Fax(254)629-8625 SERVICES, LLC December 15, 2008 Dear Valued Customer: On November 5, 2008, Eagle Construction and Environmental Services, L.P. entered into an asset purchase agreement to sell, assign, transfer and convey substantially all assets and obligations of its business to Eagle Construction and Environmental Services, L.L.C. ("Eagle"). Simultaneously, Eagle and Southern Waste Services, Inc. ("SWS") joined together to form a leading, super-regional environmental services firm with twenty-seven strategically located service centers spanning nine states. On December 15, 2008, a 28`h office was added in Cincinnati, Ohio. The combination unites two market leaders and creates a firm with expertise in numerous services, including: planned remediation, land and water based emergency response, industrial services, demolition, training, and technical services. Together, Eagle and SWS are uniquely positioned to provide customers with a comprehensive set of environmental services across the Southern and Midwestern United States. What does this mean to our clients? Eagle and SWS will continue to operate independently in the near term and our clients will be dealing with the same people and receive the same quality services as before. However, Eagle is conducting business under its new name, Eagle Construction and Environmental Services,L.L.C. With our new name comes a new Federal Tax ID number (26-3517634) and a new Electronic Funds Transfer number. Enclosed with this letter are the following documents: • A newly completed W-9 Form which contains the new Federal Tax ID number identified above; • Wiring instructions for clients who will pay with EFTS; • A copy of the press release from November 5,2008. As a part of the asset sale, Eagle acquired all client contracts and agreements. This letter will be considered your notification that your contract with Eagle Construction and Environmental Services, L.P. has been assigned to Eagle Construction and Environmental Services,L.L.C. Alabama i Florida I Georgia "fiCentucy Louisiana 4 Ohio(Tennessee(Texas