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Home My WebLink AboutContract 34341 CITY SECRETARY CONTRACT No. I AMENDMENT TO CITY SECRETARY CONTRACT NO.33409 WHEREAS, on April 7, 2006, the City of Fort Worth ("City") and PhenomenArts, Inc. ("Artist") made and entered into City Secretary Contract No. 33409 (the "Contract") as authorized by City Council (M&C C-21355) and the City designated the Arts Council of Fort Worth and Tarrant County,Inc. as its Contract Manager; WHEREAS, under the Contract Artist is to design integral public art / design enhancements composed of various forms concepts and elements including but not limited to tinted glass, light, and sound with interactive components (the "Artwork Design") in collaboration with Jacobs Facilities,Inc.,the City's prime consultant for the City Parking Garage (the"Site"); WHEREAS, City desires to expand Artist's scope of services to require that Artist provide construction documents with a licensed engineer's seal for a component known as the "Throckmorton Fin Sculpture"; WHEREAS, the Artist requires additional funds to provide the expanded scope of services; and WHEREAS, it the mutual desire of City and Artist to amend the Contract. NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth, Texas 76102, acting by and through Libby Watson, its duly authorized Assistant City Manager, and PhenomenArts, Inc., acting by and through Christopher Janney, President, whose address is 75 Kendall Road,Lexington,MA, 02173, do hereby agree as follows: I. Section 1.2 Deliverables. This section is amended to be read as follows: "c. Construction Documents: Artist shall provide drawings and specifications required for bidding the building construction. For the component knows as the "Throckmorton Fin Sculpture", Artist shall provide comprehensive working drawings detailing the means of installing the Artwork on the site, together with such other graphic material as may be requested by the City in order to permit the City to carry out structural design review and to certify compliance of the Artwork with applicable statutes, ordinances and regulations. These drawings must have a licensed Engineer's andlor Architect's, seal licensed to work in the State of Texas,on work as required by the City. Artist shall review the Design Team's specifications and drawings as necessary to assure coordination with Artwork. Additionally, Artist shall provide CONTRACT AN01O ENT V��,j C J ki i� IiNJ l�j Page 1 Christopher Janney CJTY/ -10 P R P y n 1 r ill)1' T 1 411 1 t ' documentation of the Artwork so that Artwork can be fabricated by the Artist or a contractor chosen by the Artist. Artist shall also provide an O&M manual and plan that describes training and scheduled maintenance requirements." H. Section 2.1. Fixed Fee. This Section is amended to be read as follows: "The City shall pay the Artist a fixed fee of EIGHTY-THREE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($83,500) ("Fee"), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement, including travel expenses. The Fee shall be paid in the following installments, expressed as percentages (or portions) of the Fee, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. Fifty percent(50%)upon execution of this Agreement. b. Twenty-five percent(25%) within 30 days after commencement of the services outlined in Section I.l.h.iv. and Section 1.2.b. c. Twenty percent (20%) within 30 days after commencement of the services and deliverables outlined in Section LLh.v. and Section 1.2.c. d. Five percent (5%) within thirty (30) days after City notifies the Artist of its approval of detailed design drawings, working drawings and other items required under Section 1.1.3." Funds previously paid to the Artist prior to this amendment shall apply toward the total fixed fee. IV. Article 6 Miscellaneous Section 6.14 is hereby added to this Article,to be read as follows: it a. The Artist shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, disability, familial status or national origin. The Artist shall take affirmative action to ensure that employees CONTRACT AMENDMENT eJ F F I V 1 A L PH��y� �1 0 age 2 Christopher Janney are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation and national origin. Such action shall include but not be limited to the following: Employment, upgrading, demotion, transfer,recruitment or pay or other forms of compensations, and selection for training, including apprenticeship. The Artist agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by the City setting forth the provision of this nondiscrimination clause. b. The Artist shall in all solicitation or advertisements for employment placed on or on behalf of the Artist, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation,disability, familial status or national origin." 1 V. Article 6 Miscellaneous Section 6.15 is hereby added to this Article,to be read as follows: "6.15 Right to Audit. The Artist agrees that the City will have the right to audit the financial and business records of the Artist that relate to the Work (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City on 1000 Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Notwithstanding anything to the contrary herein, this Section 8.16 shall survive expiration or earlier termination of this Agreement." All other terms and conditions of City Secretary Contract No. 33409 not amended herein remain unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by the parties. CONTRACT AMENDMENT Page 3 Christopher Jamey "��'1�� IN WITNESS WHEREOF, the parties�ereto have iexecutecifour copies of this contract amendment in Fort Worth, Texas, this a H ,day of , , 2006. ATTEST: CITY FORT WORTH By: City Secr ibby Wa on Assistant City Manager APirRO`vED AS TO FORM AND LEGALITY: sistant City Atto6iey PHEI OMEN S,INC. N® M&C: )u*'(LUIItED v By: Christo her Janne Title: CONTRACTMErr Page 4 Christopher STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 2006 by Libby Watson, Assistant City Manager, City of Fort Worth, on behalf of the City of Fort Worth, Texas. : 1s MY COMMISSIONON EXPIRES RosE� NOTARY PUBLIC,STATE OF TEXAS "=• (PI N Mardi 31,2009 STATE OF MASSACHUSETTS § COUNTY OF /'�in�z �� § On this 1' day of IUOV , 2026, before me, the undersigned notary public, personally appeared Christopher Janney, proved to me through satisfactory evidence of identification, which were 144- D,>>r�--i , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as President for PhenomenArts, Inc., a corporation. y7 (official signature and seal of notary) My om ssion expires juse A. Kin Notary Public, Massachusetts My Commission Ex.oires Feb. 6, 2009 MUD CONTRACT AMEND1v1ENT `; � Y LSX. Page 5 Christopher Janney