HomeMy WebLinkAboutContract 46923-AD1 CITY SECRETARY I
',"WRACT NO.
r ;- .tea-,
- Addendum to BuildinE Warranty Aereement Fi
2015
JUL yy15
SEDA�,t,14i 1 i VC•
This addendum to Varco Pruden Buildings Warranty("Addendum") is made and entered into by
and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation
situated in, Texas, acting by and through its duly authorized Assistant City Manager, and
VARCO PRUDEN BUILDINGS ("Varco Pruden Buildings" or"VP"), a division of BlueScope
Buildings North America, Inc. and acting by and through [Kenneth Thomas], its duty authorized
[Warranty Administrator], each individually referred to as a"party" and collectively referred to
as the "parties."
RECITALS
WHEREAS,the City and VP are parties to a Building Warranty Agreement (Agreement");and
WHEREAS, pursuant to the terms of the Agreement, VP warranted to the City that Products
supplied by VP will be free from defects in material or workmanship for a specified period of
time; and
WHEREAS, the parties stipulate by evidence of execution of this Addendum below by a
representative duly authorized to bind the parties hereto, that the parties agree that the provisions
in this Addendum shall be applicable to the Agreement;and
NOW THEREFORE, City and VP do hereby agree as follows:
1.
Notwithstanding any language to the contrary in the Agreement, both parties
acknowledge that the building, materials, and accessories subject to the Agreement were paid for
by a third party and assigned to the City. Furthermore, VP consents to such assignment.
2.
Contrary to what is stated in the agreement, City and VP agree that the construction,
interpretation, and performance of the Agreement are governed by the laws of the State of Texas.
3.
In the event of a dispute arising under or related to the Agreement, the parties acknowledge
that the approval and consent of the Fort Worth City Council is required to waive the City's right
to a jury trial. If the Fort Worth City Council denies or disapproves a waiver of the City's right to
a jury trial,this term cannot be enforced against the City.
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M OFFICIAL RECORD
n CITY SECRETARY
FT.WORTH,TX
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4.
If any provisions of the Agreement, conflict with the terms of this Addendum, the terms of
this Addendum shall control.
5.
All terms and conditions of the Agreement that are not specifically addressed or referenced
herein remain in full force and effect and binding upon the parties.
CITY OF FORT WORTH VARCO PRUDEN BUILDINGS
Rudy ckson Name Kenneth Thomas
Acting Assistant City Manager Title Warranty Administrator
APPROVAL RECOMMENDED:
Rhonda K. Robertson
Chief of Police
APPROVED AS TO FORM
AND LEGALITY:
Victoria D. Honey
Assistant City Attorney
Date:
-J"&--.E � FO
ATT
0 OFFICIAL RECORD
Mary Kayser i CITY SECRETARY
FT.WORTH,TX
City Secretary AS
NO M&C REQUIRED