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HomeMy WebLinkAboutContract 43533-A1 (2)CITY SECRETARY - FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 43533 AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK BETWEEN THE CITY OF FORT WORTH AND TOMMY FITZPATRICK This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 43533 ("First Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Tommy Fitzpatrick, an individual, located at 7300 Cooper Lane, Austin, Texas 78745. WHEREAS, on August 28, 2012, the City of Fort Worth and Tommy Fitzpatrick entered into City Secretary Contract No. 43533 ("Contract"), and the City designated the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager; WHEREAS, in accordance with the schedule in the Contract, the Artist has fabricated the Work for installation at the Site; WHEREAS, Artist's installation contractor recently completed a thorough site inspection in preparation for installation and discovered the job to be more complex than originally anticipated and has increased the cost estimate; WHEREAS, it is the mutual desire of City and Artist to amend the Contract to increase the overall compensation to the Artist for the increased cost of installation; NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Contract is amended as follows: I. The parties wish to amend Article 3.1 - "Compensation," of the Contract to increase the total compensation to the Artist and amend Article 3.2.c. and d. - "Payment Schedule," to reflect the increase in costs associated with installing the Work at the Site. Article 3.1 is amended to read as follows: "3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount not to exceed FIFTY THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($50,400.00), which shall constitute full compensation for all services to be performed and materials to be furnished by Artist under this Agreement, including, but not limited to, fabrication, transportation, installation, Artist's fee, insurance, incidental costs, all travel expenses, and any other costs associated with tffrocll REC vac 35ili 33 Ft W0RTh9 FIRST AMENDMENT TO CITY OF FORT WOR RECEIVED MAY 1 4 2013 l of 3 the Work. The Parties may amend this Agreement to allow for additional payment if additional services are required." • Article 3.2 c. and d. are amended to read as follows: "c. FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) upon Contract Manager's verification that the Work is ready to install. d. THREE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($3,900.00) within thirty-five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of services and supplies rendered to Artist (see Article 2)." II. Funds .previously paid to the Artists prior to this First Amendment shall apply toward the total compensation. III. All terms and conditions of the Contract that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IV. All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Contract. IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract amendment on this )1•1 day of � IA(,/ . 2013. CITY OF FORT WORTH ARTIST by: Fernando Costa Assistant City Manager � • � t i -re P a C ILA MG - Tommy Fitzpatrick FIRST AMENDMENT TO CITY OF FORT WORTH CONTRACT #43533 2 of 3 the Work. The Parties may amend this Agreement to allow for additional payment if additional services are required." Article 3.2 c. and d. are amended to read as follows: "c. FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) upon Contract Manager's verification that the Work is ready to install. d. THREE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($3,900.00) within thirty-five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of services and supplies rendered to Artist (see Article 2)." II. Funds previously paid to the Artists prior to this First Amendment shall apply toward the total compensation. III. All terms and conditions of the Contract that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IV. All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Contract. IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract amendment on this 114 day of VYU1it1ti\, , 2013. CITY OF FORT WORTH ARTIST by: 3/47.--kfraiit44 Fernando Costa Assistant City Manager Tommy Fitzpatrick FIRST AMENDMENT TO CITY OF FORT WORTH CONTRACT #43533 2 of 3 APPROVED AS TO FO AND LEGALITY: RM by: Tyler F. Wad acr Assistant City Attorney o Bey ATTESTED BY: by: o L J Mazy J. City Secre No M&C QUIRED FIRST AMENDMENT TO CITY OF Po RT WORTH CONTRACT #43533 • 1 itjft? �rY V V �� fiT O 3r24F et$A5-r aXAS %io'; � 11t1'(1'Cti'��� i OFFICIAL RECORD; �- �i X SECRETARY wORT'119TX 3of3