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Home My WebLink AboutContract 49099-AD1 CITY SECRETARY CONTRACT NO. bqq - FIRST ADDENDUM TO CITY SECRETARY CONTRACT NO.49099 This First Addendum to City Secretary Contract Number 49099 ("First Addendum") is by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Greenscape Pump Services, Inc. (the "Contractor"), and acting by and through Deb Chapman, its duly authorized Director. The City has designated the Arts Council of Fort Worth & Tarrant County, Inc., to manage this Agreement on its behalf. WHEREAS, the City and Contractor entered into a professional services agreement for the purpose of assisting with the care and maintenance of the Public Art Collection, the same being City Secretary Contract("CSC")No.49099; WHEREAS, the Agreement sets forth that the Services to be provided shall be based on the annual Fort Worth Public Art work plan and on an as-needed basis in accordance with fully executed addenda; WHEREAS, this First Addendum is intended to serve as such and sets forth the Services to be provided per the Agreement in accordance with the terms therein; and WHEREAS, the City and Contractor wish to set out the Services to be provided per the Agreement that will be specific to this First Addendum with the intent that further Services may be requested by the City through future addenda; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. The Services to be performed by the Contractor for this First Addendum are set forth in the Contractor's"Contractor's Proposal,"which is attached hereto as Exhibit"F"and incorporated herein for all purposes,and includes all labor,travel, and any other expenses required to complete the Services. The terms and conditions of the Agreement shall control in the event of any conflict with the terms and conditions contained in Exhibit"F." 2. In consideration of the Services to be performed under this First Addendum,the City agrees to pay the Conti-actor an amount up to One Thousand,One Hundred Sixty Dollars and No Cents ($1,160.00)in accordance with the terms of Article 3 of the Agreement.Any amounts paid in this 6, 56 7 8 First Addendum shall be credited towards the total amount paid under the Agreement, including 39 amendments or addenda. The.-bntractor shall coordinate with the Collection Manager to schedule sertCffF1C:1ALREC0R1) ARY d °QPTX N �Y endu SC 49099 Execution Copy 7/20/17 r of 4 -ele 68 5 q CU 4. All terms and conditions of the Agreement not specifically addressed herein remain in full force and effect and are binding upon the parties. IN WITNESS HEREOF, the parties have executed this First Addendum on this the day of 017. CITY OF FORT 14t OKVIT� GREENSCAIPIE PUMP,SERVICES,INC. By: Gad �— Fernando Costa Deb Chapman Assistant City Manager Director CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the itoring and administration of this contract,including jen g all performance and reporting requirements. e: ��lG/C' WU..•cYION M&2. R01D AS TO FORM ALITY: Jessica gsvang Assis�ja City Attorney II Form 1295:n/a FOP A ST: ary Jy r City Secre �XAS No M&C Required OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX First Addendum to CSC 49099 Execution Copy 7/20/17 2 of 4 Exhibit F Contractor's Proposal Greenscaj)e Pui<nu Services, Inc. 1425 Whitlock Lane,Suite 108,CkroHton,Texas 75006 (9-r2)446-0037 Proposal#P10-1398 Fax(972)44"313 Customer# Data ApO 21,2017 _ To Ms_Jenny Conn Job Name Botanic Garden Arts Council of Fort Worth&Tarrant County Attention site contact- Ms.Jenny Conn 1300 Gendy Street Addreae 3220 Botanic Fort Worth,Texas Fort Worth,Texas 78103 Phone# =e nnygarlscouncilfw.org Pit.# B17-298.3023 Fax# email addraa Job*12.0213 Description of Sale Salesman Repair of split pipe at entry water feature_ Cole Gray Qty. Description Part# Unit Price Total Price 1 Repair of split pipe at entry feature,consisting of. 1,160.00 1,160.00 PVC Fthngs Labor to repair GPSI warrants against defects in materials and workmanship for one year from date of instagalion. SO.00 Sub Total $1,190.00 Terms Estimated Freight Total Price $1,160.00 Tax Rate $0.00 1.5%mon"finance charges due on all balances over 30 days_ Grand Total $1,160.00 First Addendum to CSC 49099 Execution Copy 7/20/17 3 of 4 CONTINUED ON PAGE 2:INUIORTALNITTEMNIS AND CONDITIONS: READ CAREFULLY Page 2 of 2 Botanic Garden Proposal# P10-1398 Date4/21/2017 lNtll()111'.1NI,I'ERiN,IS,kiNT)CONDt'rio,x,S: READ CAREFUTAX 1.Prices are good for 60 days, Acceptance is limited to leans and conditions expressly stated in proposal, PRODUCT WARRANTY: Warranty for products sold by Greenscape Pump Services,Inc.Is provided by the manufacturer. For those products manufactured by Greenscape Pump Services,Inc.: Greenscape Pump Services,Inc.hereby warrants subject to the conditions herein below set forth,that should the product prove defective by reason of improper workmanship at any lime during one(1)year from date of installation.Greenscape Pump Services,Inc.will repair or replace the product as may be necessary to restore it to satisfactory operating condition,without charge for materials or labor necessarily incident to such repair or replacement.except as expressly excluded herein below,provided that: 1)Greenscape Pump Services.Inc,has received payment in full and the products have not been altered. repaired, or serviced by anyone other than Greenscape Pump Services,Inc.:and 2)The products have not been subjected to lightning strikes and other Acts of God,vandalism, freezing-in, accident,misuse or abuse,and have been operated and maintained in accordance with the Manufacturer's Owner's Manuals shipped with products. Exclusions: The cost of the removal,Installation,and transportation at any defective part shall be paid by the purchaser. Repair to surrounding landscape and/or other hardscape disturbed by such warranty repair shall remain the responsibility/cost oftbe purchaser. No implied warranties of any kind are made by Greenscape Pump Services,Inc.in connection with the product,and no other warranties,whether expressed or implied,including implied warranties of merchantability and fitness to a particular purpose,shall apply to this product. Should workmanship prove defective,the Purchasers sole remedy shall be repair or replacement as herein above expressly provided and, under no circumstances,shall Greenscape Pump Services,Inc.be liable for any loss,damage,or injury,direct,or consequential,arising out of the use of or inability to use any product,including but not limited to the Purchasers cost,loss of profits,goodwill,damages due IQ loss of product or Interruption of services.or personal Injuries to Purchaser or any person. INSTALLATION WARRANTY: Greenscape Pump Services.Inc.hereby warrants subject to the conditions herein below set forth,that should the installation of any product prove defective by reason of improper workmanship at any time during one(1)year from date of Installation,Greenscape Pump Services,Inc, will repair or replace the produc(which was installed as may be necessary to restore it to satisfactory operating condition,without charge for labor necessarily incident to such repair or replacement,except as expressly excluded herein below,provided that; 1)Greenscape Pump Services.Inc.has been paid in full and the installed products have not been altered,repaired, or serviced by anyone other than Greenscape Pump Services,Inc.;and 2)The installed products have not been subjected to lightning strikes and other Acts of God,vandalism,freezing-in,accident,misuse or abuse,and have been operated and maintained In accordance with the Manufacturer's Owners Manuals shipped with products. Exclusions: Repair to surrounding landscape and/or other hardscape disturbed by such warranty repair shall remain the responsitillityleast of the purchaser. No implied warranties of any kind are made by Greenscape Pump Services.Inc.in connection with the installation,and no other warranties, whether expressed or implied,including implied warranties of merchantability and fitness for a particular purpose,shall apply to this Installation. Should workmanship of installation prove defective,the Purchaser's sole remedy shall be repair or replacement as herein above expressly provided and,under no circumstances,shall Greenscape Pump Services,Inc,be liable for any loss,damage,or injury,direct,or consequential,arising out of the use of or inability to use any installed product,Including but not limited to the Purchasers cost,loss of profits,goodwill,damages due to loss of product or interruption of services, or personal injuries to Purchaser or any person. First Addendum to CSC 49099 Execution Copy 7/20/17 4 of