HomeMy WebLinkAboutContract 57483-A1 CSC No. 57483-A1
FIRST AMENDMENT OF CITY SECRETARY CONTRACT NO. 57483
VENDOR SERVICES AGREEMENT BETWEEN CITY OF FORT WORTH
AND USA CONSTRUCTION LLC
This FIRST AMENDMENT OF CITY SECRETARY CONTRACT NUMBER 57483 ("First
Amendment")is made and entered into by and between the CITY OF FORT WORTH("City"), a Texas home rule
municipal corporation, acting by and through its duly authorized Assistant City Manager, and USA
CONSTRUCTION LLC, ("Vendor"), a Georgia limited liability company. City and Vendor are herein referred to
individually as a("Parry") and collectively as the ("Parties").
WHEREAS,on April 26,2022,the City and Vendor entered into a Vendor Services Agreement for the re-
plaster of the Fort Worth Water Gardens Aerated Pool,the same being City Secretary Contract("CSC")Number
57483 ("Agreement");
WHEREAS,the Agreement provides an initial term of one-year;
WHEREAS,it is the collective desire of the Parties to amend the Agreement to provide an updated mailing
address for the Vendor and provide a revised payment schedule; and
NOW,THEREFORE,for and in consideration of the mutual promises and covenants set forth herein the
Parties agree to amend the Agreement as follows:
I.
1. Section 13,Notices,is hereby amended to provide the following mailing address for the Vendor:
USA Construction
1595 Peachtree Pkwy
Suite 204-344
Cumming, GA, 30041
2. City and Vendor hereby agree to amend the Agreement to provide a revised payment schedule, as
further set forth in Exhibit B-1,attached hereto and incorporated herein by reference.
II.
1. All terms in this First Amendment that are capitalized but not defined shall have the same meanings
assigned to them in the Agreement.
2. All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
(Signature page follows)
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
First Amendment of CSC 57483 Page 1 of 3
IN WITNESS WHEREOF,the Parties hereto have executed this First Amendment in multiples.
City: Vendor:
&I ►Jt t- Carmen zama to
By: Valerie Washington Au94,202218:41 CDT) By. Carmen Zamudio(Aug 4,202212:09 EDT)
Name: Valerie Washington Name: Carmen Zamudio
Title: Assistant City Manager Title: Purchasing Agent
Date: Aug 4, 2022 Date: Aug 4, 2022
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
By: fe., of this contract,including ensuring all performance
Name: Richard Zavala and reporting requirements.
Title: Director
Park&Recreation Department
By:
By. Sandra You n d(Aug4,202211:32CDT) Name: Clinton Wyatt
Name: Sandra Youngblood Title: District Superintendent
Title: Assistant Director Park&Recreation Department
Park&Recreation Department
Approved as to Form and Legality: City Secretary:
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By: Jannette S.Goodall(Aug 5,202208:49 CDT) �-0 0��
By. NicoArias(Jul 1,202208:58CDT) Name: Jannette S. Goodall ��*0 o* d
Name: Nico Arias Title: City Secretary �a ° °°° a
Title: Assistant City Attorney aa��EX4*
Contract Authorization:
M&C: N/A
Form 1295:N/A
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
First Amendment of CSC 57483 Page 2 of 3
EXRMIT B-1
PAYMENT SCHEDULE
Cost for services to include parts and labor:
DUE
Total Contract Signing Demo Tile Plaster Final
$85,000.00 $8,50D.OD $34,OOD.00 $2S,500.00 $12,750.00 $4,250.00
Note: It is not known if there are extensive damages to the existing bond beam as far as looseness is concerned.
Should any removal and repair be required, it will be necessary to pursue extra negotiations for this work. (I.e.
hidden or concealed bond beam damage.)
Note: It is not known if there are extensive damages to the old existing plaster as far as looseness is concerned.
Should demolition be required to remove concealed voids it will be necessary to pursue extra negotiations for this
work. (I.e. hidden or concealed plaster damage.)
Note: When resurfacing the deck or pool it is important to realize that cracks can be repaired,but not prevented. As
such,our guarantee does not cover existing,developing,or concealed cracks in the pool deck or shell. Cracks that
occur as a result of a structural condition(such as pool settling)are also beyond our control and therefore fall
outside the bounds of our guarantee. Cracks shall be repaired at$65 per foot.
Note: When resurfacing a swimming pool,the pool must be completely filled within 48 hours of completion of plaster
work. Owner is responsible for providing a water meter from the local water department and adequate fire hose to
operate the fire hydrant. Failure to provide an adequate water supply to fill the pool within 48 hours will void the
warranty on new plaster surface.
Contract Payments are due as indicated above. Any contract payment not made within ten(10 days of the schedule
listed above shall be subject to a delinquent payment of five percent(5%)of the amount due or any portion thereof
In the event contract payment are not received within fifteen(15)days of the schedule listed above,the Vendor shall
have the right,at it's option, and within its sole discretion,to interrupt or terminate its services under this Agreement
and to withdraw and remove all personnel and supplies from City's pool facilities without any further or additional
notice to City. Any such interruption or termination notwithstanding,City shall be fully responsible for all payments
provided herein. In the event that Vendor is required to collect payment at City's establishment, City agrees to pay
an amount not to exceed$250.00 for courier services.
In the event that the Vendor elects to pursue collection of any amounts due under this Agreement, City shall pay all
said amounts, together with the interest at the rate of 18% per annum from the date the same became due, together
with any and all cost of collection, including and together with any and all reasonable litigation expenses, including
reasonable attorneys fees.
*Vendor warranty on all parts and labor is for one year provided correct chemical balance and filtration is maintained
for the same 12-month period. White plaster is more susceptible to staining and cannot be prevented. Pool should
remain completely full for 12 months. If the pool is drained within 12 months the warranty is null. Any delamination
swill be cut,removed and patched. Written documentation of water condition must be maintained on a weekly basis.
First Amendment of CSC 57483 Page 3 of 3