HomeMy WebLinkAboutContract 35535 AMENDMENT NO.1a
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STATE OF TEXAS § CITY SECRETARY CONTRACT NO.
COUNTY OF TAR RANT §
WHEREAS, the City of Fort Worth (City) and Johnson Controls, Inc. (JCI) made
and' entered into an energy savings performance contract (ESPC), City Secretary Contract
No. 33347 (Contract), which was authorized by the City Council by M&C. C-21289 on the
7th day of February, 2006,, and I
WHEREAS, the Contract involves ESP!C construction and services for:
Phase 11 for the City's Will Rogers Memorial Center, Fort Worth Convention
Center, Central Library, and City Hall facilities,
WHEREAS,, it has become necessary to execute Amendment, No. 1 a to said
Contract to align the starting date of the Assured Performance Guarantee (APG) services
withi the substantial completion date of the subsequent, ESPC Phase III (City Secretary
Contract No. 34222, M&C C-21737, September 26, 2006);
NOW THEREFORE, City and ,SCI, acting herein by and through their duly
authorized rep,resentatives,, e,niter, into the following agreement, which amends the
Contract:
1
Schedule 2.1, Section 1 of the Contract is amended to redefine the Term of the
APP for this Amendment 11 a phase Ill to be and' read:
The Term of the Assured Performance Guarantee shall be 120 months and
shall commence on the first day of the month following the Substantial
Completion Date of ESPC Phase 111.
2.
Schedule 2.1, Section 1 of the Contract is amended to redefine the Installation
Petiold of the APP, for this Amendment 1a Phase II to be and read
Installation Period means the period between the Commencement Date and
the first day of the month following the Substantial Completion Date of ESPC
Phase, I I L
JC1 ESPC AMENDMENT O.la ...........
PHASE 11 SERVICES
6/20/07
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3.
Schedule 2.1, Section 3, Paragraph 1 of the Contract is amended to be and read.-
Within 60 days after the Substantial Completion, Date of ESPC Phase 111,1 or
earlier if otherwise specified in this Performance Contract, J C l will calculate
the Project Benefits achieved during the Installation Period and advise the
Customer of the amount of such Project Benefits. For purposes of the
Installation Period reconciliation, such Project Benefits shall be reconciled at
the end of the Year 1 guarantee period.
4.
Schedule 2.1, Exhibit 1, Note 1 of the Contract is amended to be and relad�.
For year 1, calculation of savings generated shall commence on the date
immediately following the date of Substantial Completion Date of ESPC
Phase 111. For example, if Substantial Completion of ESPC Phase III is
achieved on October 31, 2006, then the calculation for savings for Year 1 will
begin on November 1, 2006. If the Substantial Completion of ESPC Phase
III is delayed for any reason, and Substantial Completion of ESPC Phase III
is actually achieved on a date suibs,equent to October 311 2006,� then the
calculation for savings for Year 1 will be adjusted to begin on the date that
Substantial Completion is actually achieved. For example, if actual
Substantial Completion of ESPC Phase III occurs on November 15, 2006
then the calculation of the savings for Year 1 will not commence until
November 16, 2006.
5.
A1111 other provisions, of the Contract,, which are not expressly amended h�erelin, shall
remain in full force and effect.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
JC1 ESPC AMENDMENT NO,,la
PHASE If SERVICES
6120/07
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EXECUTED on this the lcvh day of ......... 112007 1 in: Fort
Worth, 'Tarrant County, 'Texas,.
ATTEST: CITY OF FORT' WORTH
B
Y.
Marty Hendrih 1�arc A. Off
City Secretary Assistant City Manager
NO M&C R,EQlJlRrlD
APPROVED AS TO, FORM APPROVAL RECOMMENDED:
.6%
AND L LiTY-.,�
Amy J. IfKa �s od:e
Tra�
: Director
01
3
3� o
Assistant I orney r t%tion and Public Works
JOHNSON CONTROLS, INC.
By:l
.. ..... .... ..
II
JCI ESPC AMENDMENT NO.1 a
7
PHASE 11 SERVICES ��C, _j
6/20/07
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