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HomeMy WebLinkAboutContract 42450-A2 CITY SECRETARY, CONMCT No* I,. �M SECOND AMENDMENT TO CITY SECRETARY CON'T CT NO. sir 50 AGREEMENT BETWEEN THE TTY of FORT WORTH AND TOMMY FITZPATRICK FOR FINAL DESIGN AND COMMISSION OF PUBLIC ART FOR THE EAST ABUTMENT WALL off' THE CLEARFORK MAINSTREET BRIDGE This SECOND AMENDMEN T To CITY SECRETARY CONTRACT New'.. 4245 ("Second Amendment") is rude and entered into by and between the City of Fort Wort h, a horse-rule municipal corporation on o the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Frommy Fitzpatrick, an individual, of 7300 Cooper,Bane, Austin, Texas 78745. WHERE S, on October 14, 201 t, the City and Artist made and entered into City Secretary Contract "C SC") No. 42450, an agreement to fabricate, deliver, install public art for the east abutment wall of the Clearfork Mainstreet Bridged WHEREAS, the City designated the Arts Council of:Fort Worth and `arrant County, Inc. as its Contract Manager; WHEREAS, on March 15, 20�l 3, the parties entered into CSC: No. 42450-Al, which amended CSC No. 42450, to revise the payment installment schedule,. WHEREAS, upon construction of the Site, additional plan-nirr , coordination, and technical drawings were required of Artist to integrate placement of the Word:at the Sited W. E,T T AS, during installation of the Work, at the Site, the World experienced some unforeseen damage that requires paint and body restoration, WHEREAS, the City° desires to increase the Artist's scope of work to include coordination and post-installation �. additional technical rains or placement the "�+�rk and p � paint and body touch-ups, so that the Work may be restored to its original condition and WHEREAS, the City wishes to use contingency funds firo�m t he % public art allocation in the 007 Critical Capital Needs Program for this project to compensate the Artist for the additional scope of wort . NOW, THEREFORE, City and .Artist, in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that CSC Flo. 42450, as previously amended by CSC No., 42450-A I, (collectively, "Agreement") is further amended as follows. f. The parties wish to amend Subsection 2. "'Execution of the Work"of Article 2 "Scope of Services and Deliverables" to increase the artist's scope of work by requiring the Artist to provide additional coordination and tecluuical drawings to revise placement of the Work at the Site. Subsection 2.7 is amended to add the following subsections. 44d. Artist shall meet with project Consultant and City staff"as necessary to coordinate and adjust placement of work at Site should the original agreed-upon placement require revision. Artist s.luall provide revised tech.uical drawings showing attachment points and Second Amendment to C'SC 42450 OFFICIAL RECORD I of 3 R E C E I V'E D J[)L CIT'Y SEC FT# WORTH;TX 9. TEN THOUSAND THREE HUNDRED TIfIRTY-THRE,E DOLLARSAND NO CENTS,J�10,33 within thirty-five (3,5) 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 2.101 IV. Funds previously paid to the Artist prior to this Second Amendment shall apply toward the total compensation paid to the Artist. V. All to and conditions of the Agreement that are not expressly amended pursuant to this Second, Amendment shall remain m ffill force ffcct. V1. All terms in this Second Amendment that are capitwized but not defined shall have the meanings, ass rigid to the in the Agreement. AM IN WITNESS WHEREOF, the, pai-ties hereto have executed four copies ol this Second Amendment In Fort Wo Texas', this day of 1 1 21013. CITY OF FORT WORTH ARTIST Fernando Costa Tommy Fitzpatrick Assistant City Manager APPROVED AS TO FORM AND LEGALITY* T r Wallach Assistant City Attorney ATTEST: Mary J. Kayser. City, Secretary M&C: C-24986 Second Amendment to CSC 424501 of 3 f. FIVE THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($5,750.00) within thirty (30) calendar days after the Contract Manager verifies that the post-installation paint and body restoration of the Work are complete and satisfactory to the City. g. TEN THOUSAND THREE HUNDRED THIRTY-THREE DOLLARS AND NO CENTS ($10,330.00) within thirty-five (35) 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 2.10]." IV. Funds previously paid to the Artist prior to this Second Amendment shall apply toward the total compensation paid to the Artist. V. All terms and conditions of the Agreement that are not expressly amended pursuant to this Second Amendment shall remain in full force and effect. VI. All terms in this Second Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREO„�, the parties hereto have executed four copies of this Second Amendment in Fort Worth, Texas, this ' day of != �C. .. 12013. CITY OF FORT WORTH ARTIST By: Z-0.a/. Fernando Costa Tommy Fitzpatrick Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Tyler Assistan ity Attorney �� �►�`�' /;A TE p °�o y J. Kayser ocb o� 41 City Secretary ji �000� 00° c M&C: C-24986 OFFICIAL RECORD Second Amendment to CSC 42450 CITY SECRETARY 3 of 3 FT.WORTH]TX