HomeMy WebLinkAboutContract 59773-A1First Amendment to CSC 59773 between the City of Fort Worth and Cummings Electrical, L.P. 1
Execution Copy
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 59773
BETWEEN THE CITY OF FORT WORTH AND CUMMINGS ELECTRCIAL, L.P.
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 59773 First
entered into by and between the City of Fort Worth a home-rule municipal
corporation of the State of Texas, acting by and through Jesica McEachern, its duly authorized Assistant
City Manager, and Cummings Electrical, L.P. (Contractor , a Texas limited partnership acting by and
through Bobby Cook, its duly authorized representative. The City has designated the Arts Council of Fort
Worth & Tarrant County, Inc. to manage this Agreement on
its behalf.
WHEREAS, on July 18, 2023, the City and Vendor entered into an electrical services agreement
(City Secretary Contract No. 59773) whereby Vendor agreed to provide specific services for the purpose
of assisting with the repair and maintenance of a public artwork titled Flight installed in the Hemphill/Lamar
Connector
WHEREAS, the Agreement is currently in its First Renewal period;
WHEREAS, during scheduled work the Contractor observed vandalism by an unknown source
and made unplanned repairs in the approximate amount of $21,000.00 for which subrogation claim
1PC08007 was filed; and
WHEREAS, the City wishes to increase compensation under the Agreement during the First
Renewal period by the amount of the claim ($21,000.00) for a new total contract amount of $46,000.00;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the Parties
agree to amend the Agreement as follows:
I.
Effective from the date this First Amendment is executed by the City, Section 3 of the
COMPENSATION shall be amended by replacing it in its entirety with the
following:
3. COMPENSATION.
Beginning with the First Renewal period, City shall pay Contractor an amount up to FORTY-SIX
THOUSAND DOLLARS AND ZERO CENTS ($46,000.00) in accordance with the provisions of this
The amount under this Section 3 shall not obligate City to pay the full amount
listed and shall not be construed as a guaranteed amount payable to Contractor. Payment from the City to
the Contractor shall be made on an invoice basis following receipt of a signed invoice with adequate
deliverables provided at submission of invoice, all in a form acceptable to the City. Contractor shall not
perform any additional services or bill for expenses incurred for City not specified by this Agreement unless
City requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Contractor not specified by this Agreement unless City first approves such expenses
in writing. Unless agreed otherwise by the parties in a subsequent amendment, the compensation amount
will revert to the original amount of $25,000.00 during any subsequent renewal periods should the parties
decide to exercise any subsequent renewal options.
First Amendment to CSC 59773 between the City of Fort Worth and Cummings Electrical, L.P. 2
Execution Copy
II.
All other terms, provisions, conditions, covenants, and recitals of the Agreement not expressly
amended herein shall remain in full force and effect.
III.
This Amendment may be executed in multiple counterparts, each of which shall be an original, and
all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a
PDF or TIF image, of a signature shall be treated as and shall have the same effect as an original.
First Amendment to CSC 59773 between the City of Fort Worth and Cummings Electrical, L.P.3
Execution Copy
ACCEPTED AND AGREED:
CITY OF FORT WORTH CUMMINGS ELECTRICAL, L.P.
By: ________________________By: _______________________
Jesica McEachern Bobby Cook
Assistant City Manager Contracts Manager
Date: __________________________Date: ______________________
RECOMMENDED FOR APPROVAL
By: ________________________
Midori Clark
Library 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
Arts Fort Worth
APPROVED AS TO FORM AND LEGALITY:
By: ____________________________
Trey Qualls
Assistant City Attorney
ATTEST:
By: ____________________________
Jannette Goodall
City Secretary
Contract Authorization:
Form 1295: __________________
M&C: N/A