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HomeMy WebLinkAboutContract 49290-A2 CITY SECRETARY -� CONTRACT NO.�-, '��aLrte �44, 9�- SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO.49290 Q AGREEMENT BETWEEN THE CITY OF FORT WORTH AND 1 0 KRIS PIERCE FOR FINAL DESIGN OF PUBLIC ART FOR THE FORT WORTH COMMUNITY ART CENTER PLINTH PROJECT This SECOND AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 49290 ("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 Kris Pierce, an individual, residing at 2713 5" Avenue, Fort Worth, Texas 76110. 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 July 20, 2017, the City and Artist entered into City Secretary Contract No. 49290, an agreement for final design of public art for the Fort Worth Community Arts Center("Agreement"); WHEREAS, in the course of developing the Final Design Deliverables, the Artist determined the need for a geotech survey prior to commission to fulfill the requirements set forth in the Agreement; and WHEREAS, it is the collective desire of both City and Artist to amend the payment schedule to include compensation for a geotech survey. 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 revise Article 3 of the Agreement titled "Compensation and Payment Schedule"to designate an allowance of up to $4,000.00 for payments for a geotech survey, for a the total contract amount to $9,600.00. 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 of NINE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS($9,600.00),which shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, artist's fee, engineering and consulting fees and services performed and materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required." 3.2.(Payment Schedule)is amended to add the following: Second Amendment to Fort Worth City Secretary Contract No.49290 Execution Copy 11/22/1 OFFICIAL RECORD CITY SE6I8HARY FT.WORTH,TX "e. City may pay Artist in an amount up to FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00)for a geotech survey as part of the final design. Such payment shall be made upon receipt of an invoice from Artist with the original invoice (a retainer of up to 50% is allowed) for such services attached." 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 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment in Fort Worth, Tarrant County, Texas,this le day of Nd V, ,2017. CITY OF FORT WORTH ARTIST M - by: /�m �,�- _ by: Fernando Costa Kris Pierce Assist—-City Manager Date: iz / 17 Date: 61d—1 7 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,4nd reporting requirements. Miche a homas Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: By: Jessica Sangsvang '� V Assistant City Attorney OFFICIAL RECORD Second Amendment to Fort Worth City Secretary Contract No.49290 Execution Copy 11/22/17 CITE`'SECRETARY FT.WORTH,TX M 1 ATTEST: B FORT. y. . Mary f kay/4/'f ) City Secretary �' S U Contract Authorization: Form 1295: N/A . TEA M&C:N/A OFFICIAL RECORD OITV SECRETARY WORTH,TX Second Amendment to Fort Worth City Secretary Contract No.49290 Execution Copy 11/22/17 3 of 3