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CONTRACT NO. a l-
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g. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 52821
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
ADAM NEESE FOR COMMISSION OF PUBLIC ART
FOR THE COMO COMMUNITY CENTER
This FIRST AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 52821
("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 Fernando Costa, its duly
authorized Assistant City Manager, and Adam Neese, an individual located at 4010 Mandell
Street, Houston, Texas 77006. City has designated the Arts Council of Fort Worth and Tarrant
County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act
through its designated Public Art project manager.
WHEREAS, on September 13, 2019, the City and Artist entered into City Secretary
Contract No. 52821, an agreement for commission of public art for the Como Community Center
("Agreement");
WHEREAS, in the course of implementing this public art project, it was determined that
the Payment Schedule included in Article 3 of the Agreement contained an error in section 3.2.e;
and
WHEREAS, it is the collective desire of both City and Artist to amend the Payment
Schedule to revise the payment amount for section 3.2.e. and, accordingly, to revise the amount
of contingency funds included in sections 3.1 and 3.2.f.
NOW, THEREFORE, City and Artist, for and in consideration of the covenants and
agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as
follows:
I.
The parties wish to amend Article 3 of the Agreement entitled "Compensation and
Payment Schedule"to revise sections 3.1, 3.2.e., and 3.21 accordingly.
Section 3.1. Compensation. is replaced in its entirety to be and read as follows:
"Total compensation to Artist under the Agreement shall be in an amount not to exceed NINTY-
ONE THOUSAND, SEVEN HUNDRED FORTY DOLLARS AND NINTY CENTS
($91,740.90), 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, mock-ups,
fabrication,transportation, installation, remaining Artist's fee of$5,604.00, insurance, incidental
costs, a contingency of$2,249.90, all travel expenses, and any other costs associated with the
Work. The Parties may amend this Agreement to allow for additional payment if additional
services are required."
First Amendment to Fort Worth City Secretary Contract No.52821 f
FW A[1_
Sections 3.2.e and3 2 f Payment Schedule are amended to be and read as follows
e. NINE THOUSAND FOUR HUNDRED NINTY-ONE DOLLARS AND NO CENTS
$9 491.00 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); provided, however, that final delivery shall not be tendered prior
to the expiration of thirty(30)days after Final Acceptance.
f City may pay Artist contingency fiords in an amount up to TWO THOUSAND TWO
HUNDRED FORTY-NINE DOLLARS AND NINTY CENTS 2 249.90 for costs
associated with the Work that are incurred by the Artist due to unforeseen changes in
fabrication or installation costs, and / or to Include lighting if approved, including an
administrative fee of fifteen percent (15%). Such payment will be made upon (i) receipt
of supporting documentation by the Contract Manager from the Artist and 00 approval
by the Contract Manager of the additional costs. Any unused contingency funds shall
remain with the City.
II.
Funds previously paid to Artist prior to this First Amendment shall-apply towards the
total compensation paid to Artist.
III.
All other terms, provisions, conditions, covenants and recitals of said Agreement not
expressly amended herein sliall remain in frill force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in Fort Worth,
Tarrant County, Texas, this�day of gc„r�2p20,
CITY OF FORT WORTH ARTIST
by: �� by. ��tAk�kq
Fernando Costa Adam Neese
Assista} t Cixy Manager
Date: //��a o
--r` z z Date: UFFMAL RKI.-PRi.
CITY SECRENVI 9
First Amendment to Fort Wor 11 City Secretary Contract No. 52821 FT. WORTH, �>a"
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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.
Mic elle Rtchardson
Public Art Project Manager
APPROVED AS TO FORM AND LEGALITY:
Matthew Murray ��G.
Assistant City Attorney I Oar r'�
ATTEST:
J
Mary J. Kayser ,
City Secretary ' r` `: r� ~•
Contract Authorization:
Form 1295: 2019-522944
M&C: 19-0097
Date: 8/27/19
fUFFOCUAL Mc ul�' i
6TY SEC ETA
First Amendment to Fort Worth City Secretary Contract No. 52821 -
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