HomeMy WebLinkAboutContract 43533-A1 (2)CITY SECRETARY
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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
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FIRST AMENDMENT TO CITY OF FORT WOR
RECEIVED MAY 1 4 2013
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the Work. The Parties may amend this Agreement to allow for additional payment if additional
services are required."
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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
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ATTESTED BY:
by:
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Mazy J.
City Secre
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FIRST AMENDMENT TO CITY OF Po
RT WORTH CONTRACT #43533
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