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OEC 23 2015
0 ;gc , ' r FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 46831
`�� AN AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK BETWEEN THE
CITY OF FORT WORTH AND
DAVID HEYMANN, ARCHITECT, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 46831
("First Amendment") is made and entered into by and between the City of Fort Worth, a home -
rule municipal corporation of the State of Texas, acting by and through its duly authorized
Assistant City Manager, and David Heymann, Architect, LLC, a limited liability company located at
2206 Matthews Drive, Austin, TX 78703, and acting by and through David Heymann and Sandra
Fiedorek, its duly authorized Members.
WHEREAS, on July 9, 2015, the City and Artist made and entered into City Secretary
Contract No. 46831 (the "Agreement"), and the City designated the Arts Council of Fort Worth
and Tarrant County, Inc. as its Contract Manager;
WHEREAS, under the Agreement, Artist is to fabricate, deliver and install public art for
Northwest Branch Library;
WHEREAS, one of the Artist's original subcontractors have gone out of business, which
forced the Artist to find a new subcontractor and accept a cost increase for the materials;
WHEREAS, the Artist requires additional compensation for unanticipated costs
associated with the Work; and
WHEREAS, the City wishes to use funds in the Public Art Fund of the Specially Funded
Capital Projects Fund to cover additional compensation for this project;
WHEREAS, it is the desire of the City and Artist to amend the Agreement to increase the
compensation associated therewith;
NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and
agreements contained herein, do mutually covenant and agree that the Agreement is amended as
follows:
I.
The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment
Schedule" to increase the total compensation to the Artist by $5,000.00 and to amend the payment
installment schedule to reflect the additional unforeseen changes in fabrication and installation costs.
Articles 3.1 (Compensation) and 3.2 (Payment Schedule) are amended in their entirety to read as follows:
"3.1. Compensation.
Total compensation to Artist under the Agreement shall be an amount up to FORTY EIGHT
THOUSAND TWO HUNDRED THIRTY-TWO DOLLARS AND NO CENTS ($48,232.00), which
shall constitute full compensation for any and all costs associated with this Agreement, including, but not
limited to, engineering and consulting fees, insurance, storage costs, all travel expenses, and services
performed and materials furnished by Artist under this Agreement. Artist and City may amend this
Agreement to allow for additional payment if additional services are required.
First Amendment to CSC 46831 Execution Copy 12/17/15
SCANNED
OFFICIAL, RECORD
CITE' -IbiCRETARY
Ft WORTH, TX
1 of
3.2 Payment Schedule.
a. City agrees to pay Artist in the following installments set forth below, each installment to
represent full and final, non-refundable payment for all services and materials provided prior to
the due date thereof:
(I) THREE THOUSAND DOLLARS AND NO CENTS ($3.000.00) upon execution of this
Agreement.
(2) TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25.000.00) within thirty
(30) days after Artist submits the Final Design Deliverables, as required in Article 2.4. of
this Agreement, and the Final Design is approved by the FWAC.
(3) FIVE THOUSAND DOLLARS AND NO CENTS ($5.000.00) upon the Contract
Manager's verification that fabrication of the sculpture is 100% complete and ready to
install.
(4) FIVE THOUSAND DOLLARS AND NO CENTS ($10.000.001 upon the Contract
Manager's verification that the Work is installed on the site.
(6) FIVE THOUSAND. TWO HUNDRED THIRTY-TWO DOLLARS AND NO CENTS
($5,232.00) within thirty-five (35) calendar days after Final Acceptance and receipt by
City of such documentation it may require concerning payment of supplies and services
rendered to Artist [see Article 2.9]."
III.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the
total compensation paid to the Artist.
IV.
All terms and conditions of the Agreement that are not expressly amended pursuant to
this First Amendment shall remain in full force and effect.
V.
Ali terms in this First Amendment that are capitalized but not defined shall have the
meanings assigned to them in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed four copies of this First
Amendment in Tarrant County, Fort Worth, Texas, this 22 day of Dece,n her
2015.
CITY OF FORT WORTH DAVID HEYMANN, ARCHITECT, LLC
By: Tvn#wIo L—
F'ernando Costa
Assistant City Manager
APPROVED AS TO FORM
First Amendment to CSC 46831
By: r(-r,aitt 4912 04( li-rr'L
Sandra Fiedorek
Member
OFFICIAL RECORD�
CITY SECRETARY
� �Y. WORTH, TX
Execution Copy 12/19/I5 T --` -' 2oO
AND LEGALITY:
Jessica Sangsvang
Assistant City Attorney
ATTEST:
Mary J. kay@e
City Secretary
No M&C Required
First Amendment to CSC 46831 Execution Copy 12/17/15
By: /�
David Heymann
Member
•
OFFICIAL RECORD
CITY SECRETARY
6''11 WORTH, TX
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