HomeMy WebLinkAboutContract 41162-A1 (2)CITY SECRETARY
CONTRACT No.ng 11(Q)% -A I.
FIRST AMENDMENT TO CITY SECRETARY
CONTRACT NO. 41162
WHEREAS, on November 29. 2010, the City of Fort Worth ("City") and MIKE MANDEL (the
"Artist") entered into City Secretary Contract No. 41162 (the "Contract"), and the City designated the
Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager;
WHEREAS, under the Contract, Artist has developed a Preliminary Design for a series of
mosaic tile murals that reflect an equestrian theme (the "Work") as requested by the Steering
Committee, for installation at the new East Multipurpose Center (the "Site"), and was later asked by the
Steering Committee to include two portraits of prominent Fort Worth individuals; and,
WHEREAS, after presenting the Preliminary Design, the Artist was asked by the Steering
Committee to replace the two portraits of prominent Fort Worth individuals, based on feedback from
family members, with two new equestrian themed designs; and,
WHEREAS, it is the mutual desire of City and Artist to amend the Contract to increase the
Artist's scope of work to include the re -design of these two murals for an additional fee, including travel
expenses for an additional trip to Fort Worth so that the Artist may present the re -designed Preliminary
Design to the Steering Committee for their input and to the Fort Worth Art Commission for approval.
NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth, Texas
76102, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Artist,
acting as an individual, do hereby agree as follows:
I.
1.1 Scope of Services. Subsection e is amended to be read as follows:
e. The Artist will make three trips to Fort Worth: 1) for the purpose of meeting with the
.Steering Committee and conducting preliminary research; 2) presenting the Preliminary
Design to the Steering Committee for input; and 3) presenting the re -designed Preliminary
Design to the Steering Committee for input and to the FWAC for approval.
Contract Amendment # 1
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Mike Mandel, City Contract # 41162
1.4 Design Review. Subsection d is amended to be read as follows:
d. If the City requires any revisions to the Preliminary Design, the Artist shall incorporate
those revisions into the Preliminary Design and the Final Design conforming to the City's
requirement The Artist shall be compensated for requested revisions, if such requests are due
to factors outside the Artist's control. The Artist shall make a presentation of the Revised
Preliminary Design to the Steering Committee, City Council Member, and City Officials for
review and input and to the FWAC for review and approval
III
2.1. Fee. This Section is amended to be read as follows:
The City shall pay the Artist a fee not to exceed THIRTY-FIVE THOUSAND THREE HUNDRED
TWENTY DOLLARS AND NO CENTS ($35,320.00), which shall constitute full compensation for all
services to be performed and materials to be furnished by the Artist under this Agreement and be
inclusive of incidental costs and all travel expenses (the "Artist's Fee").
The Artist's Fee shall be paid in the following installments, expressed as portions of the Artist's Fee,
each installment to represent full and final payment for all services and materials provided prior to the
due date thereof:
The Artist's Fee shall be paid as follows:
a. TEN THOUSAND FOUR HUNDRED THIRTY-SEVEN DOLLARS AND NO CENTS
($10,437.00) upon execution of this Agreement, recognizing that the Artist has already
invested time and expense in preliminary design team coordination with the Project
Consultants and the City.
b. SEVENTEEN THOUSAND EIGHT HUNDRED NINETEEN DOLLARS AND NO
CENTS ($17,819.00) within thirty (30) days after the Artist submits the redesigned
"Preliminary Design Deliverables," and makes a presentation of same as required in
Section 1.4.d of this Agreement to the Steering Committee for input and to the FWAC for
approval.
Contract Amendment # 1 Page 2
Mike Mandel, City Contract # 41162
c. SEVEN THOUSAND SIXTY-FOUR DOLLARS AND NO CENTS ($7,064.00) within
thirty (30) days after the City's approval of the Preliminary Design.
Funds previously paid to the Artist prior to this amendment shall apply toward the total Artist's
Fee.
All other terms and conditions of City Secretary Contract No. 41162 not amended herein remain
unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by the
parties.
IN WITNESS WHEREOF, the parties h reto have executed four copies of this contract amendment in
Fort Worth, Texas, this D"' day of , 201 1.
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APPROVED AS TO FORM AND LEGALITY:
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Assistant ity Attorney
Mike Mandel
Contract Amendment 41
Mike Mandel, City Contract i1 41 162
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX