HomeMy WebLinkAboutContract 42327-A2 01 If
CCITY SECRETARY
CONTRACT tlmr
O
SECOND AMENDMENT o CITY SECRETARY CONTRACT NO.,423271
AG EMENT ETWEEN THE CITY OF FORT WORTH ORTI .AND DEVON NOWLIN FOR FINAL
DESIGN AND COMMISSION OF PUBLIC ART" FOR THE S
ABUTMENT FALL of THE CLEARFORK MAINS" BEET BRIDGE
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 42327 ("'Second
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 Devon Nowlin, an individual,of 400 Frontier Street,River Oaks,Texas 76114,
YMEREAS, on September ', 2011 , the City and Artist made and entered into City Secretary
Contract ("CSC") No. 42327, a n agreement to fabricate, deliver, install public art for the west abutment
wall of t the Clearfork Mainstreet Bridge;
WHEREAS, the City designated the Arts Council of Fort Worth and Tarrant County, Inc. as its
Contract Manager,
WHEREAS, on larch '15, 201.3, the parties entered into CSC loo" 42327 A 1, which amended
CSC No.. 42327, to revise the payment installment schedule,
WHEREAS,S, during installation of the Work at the Site, the Work experienced some unforeseen
damage that requires paint and body restoration,
WHEREAS,, the City desires to increase the Artist's scope of work to include post i:nstalla.tion
paint and body touch-ups so that the Work may he restored to its original. condition, and
"
E . S, the City wishes to use contingency funds from the 2% public art allocation in the
20�07 Critical Capital Needs Program for this Project to compensate 'the Artist st for the additional scope of
wort .
OW THEREFORE, City and Artist, in considoration of the mutual covenants and agreements
contained herein, do mutually covenant and agree t hat CSC No. 42327, as previously
amended by
No. 42327-A 1, ("Agreement") is further amended as fellows.-
.
The parties wish to amend Subsection 2" lost installation" of Article 2 "Scope of Services and
Deliverables" to increase the Artist's scope of work by requiring the Artist to restore the unforeseen
damage to the Work caused during the installation process" Subsection 2.9 is amended to add the
following subsection:
44e. Artist shall restore any and all damage to the Work caused during the installation process
to the full satisfaction of the City within thirty days after the execution of this
Second Amendment.
ff"
The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment Schedule" to
increase the total condensation to the Artist by $ ,750. 0 and amend the payment in t schedule to
reflect the additional payment for the increase ii. scope of work. S section 3.1 Coin Lion) and 3" .
OFFICIAL
Second Amendment SC 42327 CITY SE�
;97
Flre WORTH9
TX
IRECEV5D J
Alitertnis in this Second Amendment that are,capital iw ed.but not de ed Thal l have the;yings
assigned to thern 'in the Agreement.
IN WITNESS WHEREOF, the parties hereto have "ecutedfiour copies of th'Is Second Am end mentin
Fort Worth,Texas,,thi day of 12013.
CITY OF FORT WORTH ARTIST'
By-,
.fie rnan,do Costa von Nowlin
Assil's"tant City Manager
1w
APPROVED AS TO FORM A. D LEGALITY,.,
Tyler Waflach
Assistant City Attorney,
ATTESTI..
Kayser
City Secretary
Second Amendimint,to CS(742327 3 "
qmv
terms in this Second Amendment that are capitalized but not defined shall have! the meanings,
assigned to them in the Agreement.
IN WITNESS WHEREOF e parties, xreto e executed four copies of this Second Amendment
Fort Worth Texas, this, y
V1 . . ................-1
l of 1 201 3.
CITY OF FORT WORTH ARTIST
MOW-
By*-
Fernando Cols,ta Devon Nowlin
Assistant City Manager
APPROVED AS TO F R'e2,�eND LEGALITY:
Tyler ch
Assistant City Attorney
Adak
F R4
ATTEST, 41J
.............
�j T
Mary J.' ayse 41L
City Secretary 00
0000C)o
S
FF IC
Sec IAL RECORD
ond Amendment to CS�C 42327 T11
CITY S:E,CRETARy 3 of 3
WORTH,TX
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