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HomeMy WebLinkAboutContract 49099-AD2 ti RECEIVED CITY SECRETARY DEC 4 201 CONTRACT NO.. q- a, CiTCITO'(SECHEfAp� SECOND ADDENDUM TO CITY SECRETARY CONTRACT NO.49099 This Second Addendum to City Secretary Contract Number 49099 ("Second 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 Ails Council of Fort Worth & Tarrant County, Inc., to manage this Agreement on its behalf. WHEREAS, the City and Contractor entered into Secretary Contract ("CSC") No. 49099 whereby Contractor agreed to provide services agreement assisting with the care and maintenance of the Public Art Collection(the"Agreement'); WHEREAS, the City and Contractor have entered into an initial addenda related to the services provided under the Agreement as CSC No.49099 AD 1;and WHEREAS, the City and Contractor wish to set out the additional Services to be provided per the Agreement that will be specific to this Second 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 Second Addendum are set forth in the Contractor's"Contractor's Proposal for work at Runnels in the Botanic Garden,"which is attached hereto as Exhibit"G"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"G." 2. The Services to be performed by the Contractor for this Second Addendum are set forth in the Contractor's"Contractor's Proposal for work at Earth Fountain located at 4800 Camp Bowie, Fort Worth,TX 76107,"which is attached hereto as Exhibit"H"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 teams and conditions contained in Exhibit"H." 3. In consideration of the Services to be performed under this Second Addendum,the City agrees to pay the Contractor an amount up to Two Thousand,Three Hundred and Eighty Four Dollars and No Cents($2,384.00)in accordance with the terms of Artie-c 1 of Lfic Agreement.Any amounts OFFICIAL RECORD Second Addendum to CSC 49099 Execution Copy t 1/(311 7 i of 5 CITY SECRETARY FT.WORTH,TQC d41, paid in this Second Addendum shall be credited towards the total amount paid under the Agreement, including any amendments or addenda. 4. The Contractor shall coordinate with the Collection Manager to schedule services. 5. All terms and conditions of the Agreement not specifically addressed herein remain in full force and effect and are binding upon the parties. 6. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and "company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Second Addendum, Contractor certifies that Contractor's signature provides written verification to the City that Contractor.(1)does not boycott Israel, and(2)will not boycott Israel during the term of the contract. ,,,ma�yy IN.//,'WITNESS HEREOF, the parties have executed this Second Addendum on this the � ay of '1 , ,2017. CITY OF FORT WORTH GREENSCAPE PUMP SERVICES,INC. By: ki�, Fernando Costa Deb Chapman Assistant City Manager Director CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ens rf rmance and reporting requirements. Je ifer onn P fie rt Collection Manager A OV D AS TO FORM AND LE ALITY Jessica Sa vang, ssis ant ty Attorney II Form 1295:n/a i ATT T: ORT�U p : " NO M&C REQUIRED :.a Mary J. Ci Sec S No M&C equine Second Addendum to CSC 49099 Execun � 2 ors OFFICIAL RECORD CITY SECRETARY FT.WORT4,7Y r Exhibit G Contractor's Proposal for Work at Runnels in the Botanic Garden QrMusen Pump Services,Tnr. 142S'W1 kd Ladk Stbt IIK OMOM Taltlrt OM414(F 1W Fas(�j414d�13 Cookware Pmposaf Ai PIG-1572 Date Szptember r..2017 To Ms.Jenny Conn Job Nam-)0otan:n Garden Fart Waath f Otft Art ste contact:. Ms.Jermycgm 1300 Gendy S-treet Address 3220 h fat Fort Worth.Texas Fort°'Nothlek75107 Phone! 'enny(gItseauro-ftv.org PR• 917.208,?023 Fax# anre ll eadcaas Job a 12_D2 13 Desoripthm of Sate aaisanhalr S€nrloe oar to arentpt to determine whypump wM act nm, cote Gray qty. Description Part/ Unit Pricoe Total Price 1 Se vioe call to attempt todetermine wfiy pump wit not nm, 440.00 440.00 a mststing of Sa vice Gad(indufts Tr&FV for 1 trt hwzj labor Service oall inoludes*aW time and 1st how of lAw.Service cell does not batude anyparts,as parts required are urknoim atlltisiime. $0.00 Sub Total E440.00 Tow Estimated Fi airbt Net 30 days with approved credit. Total Price 5440.110 Tax Rate 50.00 1.5%a mrthlyfinance charges due an all balances aver 90 days. 6 rdrdf Total 544t1.t10 Second Addendum to CSC 49099 Execution Copy 11/13/17 3 of 5 CONTINUM)ON PAGE;2:IMI ORTANT TERMS AND COINDITIONS: READ CAREFULLY Page 2of2 BotanloGarden Proposal#P10-1398 oate412112017 Ti1IRTANT TERMS AND CONDITIONS: READ CARF.FIIid.Y 1,Puerta are good for 60 days. Acceptance is limited to tarrns and conditions expressly dated in proposal. PRODUCT WARRANTY: Warranty forproducts sold by Greeiscape Hemp Services.Inc.Is provided by the manufacturer For those products manufactured by Greenscape,Pump Services,Inc.: Greenscape frump Services,into,.hereby warrants subject to the camil ahs herein beton set forth,that should the product prone detective by reason of improper workmanship at any time during one(t)year from data of katailaton.Greenscape Pump Services.Inc.will repair or replace the product as may be necessary to restore it to salMadory operating condition,without charge for materiels or labor necessarily Incident to such repair or replacement,except as eki ressyexcluded herein betau,provided that: i)Greensespe Pump Services.Inc. has received payment in Wil and the products have not bean steed repaired,or serviced by anyone other than Greenscape Pump SaMees,Inc..and 2)The products have rmt been subjected to lightning strikes and other Ads of God,vandalism,ltaezinl soeident,misuse or abuse,and have been opa#Wsid and maintaluad in h ttue Main+ufaclume% tee's WmAsts thleved Qh orediods, Pa t by Repair to surrounding iandscape aat!)ur orharhandscape disturbad bysuch via rranBy r"go ir cht,lf rgrv.)In ttta a asIionstRrtFiy7cast of I h a nuachiser. No implied warraattes of any klyd,re made byQeenscat,w::aria,s,-,-ices. conrie;tloa wIti the orufuct. aottw warranties,whether expressed orimpited,nduding amptbad wdrrawt es of merchantebliity and fitness for a particu3ar purpose st rl-a:pay'o ins rrF w ncl. 5lnaufd workmanship prows r` the ialarchesers sofa remedy abet be repair or rel,facar,c"t tarsin above expressly provided and,under no circumstances,shall Greenscaon Pump services,Inc.be tetbla for any loss,damage,or injury,ease.., resquenllal,anshng out tithe use of or Inability to use Q,%y product,including but Nnitad to the Purchase's cost.toss of profits,goodwill,damages a to loss of product or Inti mrpkis of services,or personal Irt{urlcs to Purchaser or uny parson. INSTALLATI©N irVARRANn- Grearrscapa Pump S*Nn cvs," — _ forth,that should thetrnttllaton of any product prove defccilve by reason of Imprcperwvrkmar,ship at any lin c c: drg one t tr year from Ua;e or iris u alien sroanscape Pump Semon%Inc. will repair or rpptaee are product which was installed as maybe necessary to rtvrre it to saa.stactcny up= 1.�'w?carar7r[o t. bout charge for labor r e iessarigr Incident to such repair a replacement,except as expressly excluded herein belvu,provided Iasi. 1)Grean€cape temp Services.Ae,has been paid In full and the Instated products have not been atered,repaired,or serviced by anyone other than Greenscape pump Services.ft.;and 2)The Installed pcodtcts have sat been sub;ected m gr*rning strikes nand other Acts of rood vandstsm,freezing-til,scolde rt,misuse m abuse,and have been operated and maintained In accordance edlh tic MulluGicturere Owner',$manuals shipped oath products. Exclusions: Repair to surrounding landscape andlor other hardsca)ie disturbed by such warranty repair shall remain the responsibilHyleost ofthe purchaser. No implied warranties of any kind aro made by Greenscapa Pump Services.ino.In connection with the tastsliaflon,and no other warranties, whether expressed or Implied.Including implied warranties of merchantability and alrtess for a particular purpose,stall apply to We InstafEeton. Should workmans,r V.of installation prove detective,the Purchaser's sate remedy shat be repair or replacement as herein above expressly provided and,under no cfr,umstanrca.shat Greenscapa Pump Services,Inc.be liable for any ices..damage,or injury,drect,or consequential,adstrig oart at theuse of of Ineb iw to use,eny 115+inlled product,Including but not limited to the Purchasers cast.fass of profits,goo"If,demages due to loss of produrr or intenupteo of services, o-Per+anal injuries to Purchaser or any person. Second Addendum to CSC 49099 Execution Copy I 1,113/17 4 of 5 Exhibit H Contractor's Proposal for Work at Earth Fountain located at 4800 Camp Bowie,Fort Worth,TX 76107 M vAbdtalik Stns 186,Qualm Tomas 75tl0ti (11?2)40*n 1�r(AM4416O313 T3r�1D88T#P10-1539 I�amerA oata August I 2017 Ta Ms.Jenny Corm Job Name Earth Fountain Fort Wgfth Ptblic Aft A barrtm ssW oantact Ms.JermyCam 130D Gw*Street uadraea 600 Camp OovAe Fart Worth„Texas Fat Worth.Tem 75103 Ftimil ;ennyaartscouune7rfmorg Pe.f1 817.208_3423 Fax: %manRderaaa Jobe 12.0213 Description of Sale anuentsn Drain and Vaowm I d afft Earth Feature(Deep Own) Cole Cray ft Drrsafpnort Part# UrAPOW TOWPrioe 1 Deeprdeaftafearth110wttab="loi 4* 11,1144.00 11AM4A0 1,ab.w -service does not consitute as a repair therefore has n©warra nty_ SubTatal $1.044AD Terms Estimaed Freillltt Net 30 days with appeoved wedir. Total Price $1.044.00 Tax Rate SD.00 1.6%mon ft finance changes due on al balances over 30 days. Grand Total JIMA) A) Second Addendum to CSC 49099 Execution Copy 11/13/17 Sof 5 4 4 SECOND ADDENDUM TO CITY SECRETARY CONTRACT NO.49099 This Second Addendum to City Secretary Contract Number 49099 ("Second 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 Secretary Contract ("CSC") No. 49099 whereby Contractor agreed to provide services agreement assisting with the care and maintenance of the Public Art Collection(the"Agreement'j; WHEREAS, the City and Contractor have entered into an initial addenda related to the services provided under the Agreement as CSC No.49099 ADI;and WHEREAS, the City and Contractor wish to set out the additional Services to be provided per the Agreement that will be specific to this Second 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: I. The Services to be performed by the Contractor for this Second Addendum are set forth in the Contractor's"Contractor's Proposal for work at Runnels in the Botanic Garden,"which is attached hereto as Exhibit"G"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"G." 2. The Services to be performed by the Contractor for this Second Addendum are set forth in the Contractor's"Contractor's Proposal for work at Earth Fountain located at 4800 Camp Bowie, Fort Worth,TX 76107,"which is attached hereto as Exhibit"H"and incorporated herein for all purposes,and includes all tabor,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"H." 3. In consideration of the Services to be performed under this Second Addendum,the City agrees to pay the Contractor an amount up to Two Thousand,Three Hundred and Eighty Four Dollars and No Cents($2,384.00)in accordance with the terms of Article 3 of the Agreement.Any amounts Second Addendum to CSC 49099 Execution Copy I It 13/17 1 of 5 /t-t~1- paid in this Second Addendum shall be credited towards the total amount paid under the Agreement,including any amendments or addenda. 4. The Contractor shall coordinate with the Collection Manager to schedule services. 5. All terms and conditions of the Agreement not specifically addressed herein remain in full force and effect and are binding upon the parties. 6. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and "company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Second Addendum, Contractor certifies that Contractor's signature provides written verification to the City that Contractor.(1)does not boycott Israel; and(2) wilt not boycott Israel during the terve of the contract. IN WITNESS HEREOF, the parties have executed this Second Addendum on this the day of .2017. CITY OF FORT WORTH GREENSCAPE PUMP SERVICES,INC. By: Fernando Costa Deb Chapman Assistant City Manager Director CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Jennifer Conn Public Art Collection Manager APPROVED AS TO FORM AND LEGALITY: Jessica Sangsvang,Assistant City Attorney II Form 1295:n/a ATTEST: Mary J.Kayser,City Secretary No M&C Required Second Addendum to CSC 49099 Execution Copy 11/13/17 2 of5 4 Exhibit G Contractor's Proposal for Work at Runnels in the Botanic Garden 1425 VAi edtLAlk Nk 18k Cbaoftk?Mils 75M (toM4 4644 Batr(S'f2)4146�0�13 At�posat�P10-1572 cuatomsr. paW September i.2017 _ Ta his.Jenny Cara Job Nems Botanic Garden Fort WoTbi Puts Ad AlUntlon site contact Ns.Jenny Cum 1300 Gendy St,eet Addren 3220 Botanic Fart Worth.Texas Fort Wo..rth.Teyas 7611F Phones enny@artscouriaMy.org Pb.a 917.298-3023 Fax# srnanoddeses Job.12.0213 Description of Sale salesman Service call lo stlempt to determine why pump win not net. Cole Gmy Qby. Description Part! Unit Prise Total Mee 1 Service call to attempt lodetermine why pump will not ram, 440.00 440.00 consisting of Servia Ca(ft wies 1T&EV tar 1stitat[rfi tabor Service call includes crave)lime and 1st hour of labor.Service call does not iiniude any pawls.as pats required are unknown at this tme. $0.00 Sub Tahl 5"G.tt0 Tom Esdmalxd Freight Net 30 days wM appsoved credit. Total Price $440.00 Tax Nate 30.00 1.5%morithlyfinance charges dire on all balances over all days. G rand Total $MQ.tiQ Second Addendum to CSC 49099 Execution Copy 11113!1/13A7 : of 5 All WNTINUM)ON PAGE 2:IMPORTANT TERMS AND CONDITIONS: READ CAREFULLY Paye 2 of 2 latenic Garden Proposal#P10-1398 Date412112017 IMMRTANT TERMS AND CONDITIONS: READ C.ARF,n- JUX 1.Prices are good for 60 days. Acceptance ci united to terms and corafitions expressly stated in proposal. PROOt1GTWARRANTy: Warranty for products sold byGrosncapePunpServices.Inc.lsproWdedbythemerwtseturer. For prose products manufadraed by Grea neaps Pump Services,Ino.: Greenscepe Pimp Services,Inc.hereby warranty sujed to the conditions heroin below set forth,that should the product prom defective by reason of IrWoper walurrnnship at any tkno during one(1)year horn date of Installation.Groenatepe Pump Services,Inc.will repair or replace the product as may be necessary to restore N to satisfactory operating candi lar,without charge for materials or labor necessahy Incident to such repair or replacement,except as expressly excluded herein below,provided IhW: 1)Greeascape Pump Services.Inc.has received payment si fuh and the products have not been shoed,repaired,or serviced by anyone Otho than Gromrsespe bump Services,Inc. &W 2)The products have not been subjected to lightning strikes and other Ads of God vandalism,hserinp.in,accident,misuse or abuse,and have bean operated and maintained In accordance with the Menufeclurar's Owner's Manuels shipped with products. Excftrfmm, Tho cosi of tha rasnmoval,Instailagas,and transportation of any defective part shall be paid by the purchaser. Repair to surrounding Iandscapo andlar other hardscap9 disturbed by such warranty repair shall remain the responslMUtyhast of the purchnow. No implied wauanlies of any kin are da by Groonscspe Pump Services,Inc.In connection with the product,and no other warranties,whether expressed or irnpl;ed,Includ nq ianpoeJ wdrranitas of merchantability and ffness trig a particular purpose,sho l apply to tins product. Sroufd workmanship prove deface",the Purchasers We remedy shall be repair or repphwA nent as herein above expressly provided and.under no dmnstoftmt,sha H Car tape Pump Services,Inc,be Noble ter any toss,damage,or Injury,direct,or cooseWeniW,arlift out of the use of or inabft to use any product.inducing but not OrMod to the Purchasces cast.Ion of progfs.goodwill,damages due to loss of product or Worrupdom of sentces,or personal h*eies to Purchaser or any person. INSTALL47ION WARRANTY Greansceps Pump 8ervicas.Inc.hereby warrants subled to the condNons herein below set forth,that should the installation of any prodtd praue defective by reason of improper workmanship of any tkne during aro(1)year from date of Installation,Greenscape Pump Services,Inc. will repute or replace On product which was installed as may be necessary to restore,h to satisfactory operating condtion,without charge for labor necsssa ft Incident to such top*or replacement.except as expressly excluded herein below.prodded that; 1)Greanscape pump 41"o",hoc,hes n Wd In Lao and doe halialled pmftcft have not been altered.repaired,or serviced by anyone other than Grosempe Pump SernMws,Inc.;and 2)The Installed products have not been s✓t,er,re !n;ghtnrngsakesnneolherActs rcoo.vandalism.hosting-in.aaddent.misuseor shook and have been operated and maintained Inaeeordenc-r.--MIt%c:!anofaclurer'sOwn e s r.;.,nun: ,r,ppen*ft nprrxiucts. Occlusions: Rep*to surrounding Nrimaapa andror other hardre pe disturead by such vrnrranty r,palr shall remain the responslbilltyrcod of the puroMssr. No Implied warranties of any kind are made by Greenscape Purva Mces, in connection with the tnslahation,end no other warranties. whether expressed or hnpfled,Including knplied warranties of merchantability m,d Illness i.a particular purpose,shah appy to this Installation. Should walananship of Installation prove detedNe,the Putchaer's ads remedy shah be repair or replacement as herein above expressly provided and,under no circumstances,and Greanscspe Punp Services.tae.be liable for any loss,damage,at Injury,direct or emsequaMiN,wising out of the use d or InabRy to use any Installed product,Including but not hnnlled to the Purchasers cost.loss of profits,goodwill.damages due to less of product or Interruption of services, orpwserial las to Purdnsar or any person. Second Addendwn to CSC 49099 Execution Copy 11/13/17 4o1`5 Exhibit H Contractor's Proposal for Work at Earth Fountain located at 4800 Camp Bowie,Fort Worth,TX 76107 1425 vildod IJA 9d le 106,Chmmm Too 75= (fi72j404 M Prmpasal0 P10-1539 PU(VM440013 I�retomers ost»A.gd s! 10,2217 Tar..Jenny Conn JkbtsarsEarth Foardain FortWaTth P :fie wrilsot Ms.Jemy,Conn 1300 Ge4ndy Stcect Addy-8 4SOC Camp SavAe ram Warts.Testas FartWarm. '10103 Phonat erny s.�!tsu�urr �fw.arg Ph/ 9t7.2QD.3023 Fax awall addraaa; Job 2_D213 Description of Sate Drain and Vac u n Fd of Ow EaM Feabrtre(Deep Clean) Cole Cray ft. Description Part 0 Unit Price Total Pace I Deep dean d earth hutaw omrsistne of 1.844.00 1.044.00 Labor `Service doesnotobnsthrbe asa repair tteretore has nowarranty. Sub Total 31.944.00 Tetnts Estirnatied Freight Net 30 days with approved credt. Total Price $1.944A0 Tax Rate SDAD 1.6%mwnlhtyfnnnoe&xgas doe on all balances am 30 days. Grand Total 411,1014.E Second Addendum to CSC 49099 Execution Copy 11/13/17 5 of 5