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