HomeMy WebLinkAboutContract 42327-A1 City Secretary Contract No../17-
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO,42327
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DEVON NOWLIN FOR,
FINAL DESIGN AND COMMISSION OF PUBLIC ART FOR THE WEST
ABUTMENT WALL OF THE CLEARFORK NIAINSTRE,ET BRIDGE
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT' NO. 42327
("First Amendment") is made and entered into by and between the City of Fort Worth, a hone
rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly
authorized Assistant City Manager, and Devon Nowlin, an individual, of 4oO Frontier Street,
River Oaks, Texas 76114.
WHEREAS, on September 27, 2011, the City and Artist made and entered into City
Secretary Contract No. 42327 (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 was to design, fabricate and install public art
for the west abutment wall of the Clearfork Main Street Bridge,
WHEREAS, the original payment schedule does not meet the needs of the current
fabrication schedule; thus, creating a cash flow hardship for Artist; and
WHEREAS, it is the desire of Artist and City to change the payment installment schedule
to meet the needs of the aforementioned fabrication schedule.
NOW i
THEREFORE, City and Artist, in consideration of the mutual covenants and
agreements contained herein, do mutually covenant and agree that the Agreement is arnenaec I t as
follows:
1.
The parties wish to revise Section 3.2 — "Payn'lent. Schedule" of the Agreement to change the
payment installment schedule. Prior Section 3.2.,c of the Agreement is being split into two
payments, which are reflected below as 3.2.c. and d. The substance of prior Section 3.2.d of the
Agreement is unchanged, but it will now be 3.2.e. due to the split in payment above.
3.2. Payment Schedule
c. TEN THOUSAND SIX HUNDRED SIXTY DOLLARS AND NO
CENTS 16 -1,00), upon the Contract, Manager's verification that the
Work is at 5 0% fabrication.
riRe WORTH9 TX
01
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d. TEN THOUSAND, DOLLARS AND NO, CENTS f$10,000.00) upon the
Contract Manager's verification that the Work is ready for I'nstallation at
the Site.
e. TEN THOUSAND THREE HUNDR.ED THIRTY-THREE
DOLLARS AND NO CENTS $ - j330.00 i,thin thirty-f I
ve (35) days
after Final Acceptance a, .d receipt by City of such documentation it may
require concerning payment of supplies and services rendered to Artist
[see Article 2.10:].�'
Funds previously plaid to the Artist prior to, this First Amendment shall apply toward the
total compensation plaid to the Artist.
All terms and conditions of the Agreement 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 Agreement.
[SIGNATURE APPEAR ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed four copies of this First
First Arnendimnt to SC 42327 2 of 3
10 1
Amendment in Fort 'A-,"orth. "Vexas, this
CITY OF FORT WORTH DEVON NOWLIN
)PY
1"emando Cos,ta
Assistant Cltv Manager
NP ROk"FDAS TO FORM AND LF( ALITY:
P
'1"� ler \k`allach
Assistant Clio', Au(,)n-iev
ATTEST:
Marv, J. Ka),,,ser
Cav, Secretary
f 3
Arnencluntlit,to("SC,473-
Wo
moN
Amendmen i , Texas, this/ ,-day of 72013.
t n Fort rth d-4—
CITY OF FORT WORTH DEVON NOWLIN
By-
Fernando Costa
Assistant City Manager
011
APP r ROVED AS rO FORM AND LEGALITY.
Tyler,,, alfach
Assistant City Attorney
100
ATTEST:
Mary J. Ka,
City Sec,reta 000 00
offlel
Cilry SSCRETARY
First Amendment to:CSC 42327 FT 0 1% 3 of 3
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