HomeMy WebLinkAboutContract 44222-A1 (2)CITYSECFETARY
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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44222,
AN AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
MICHAEL BARTON SHAW D/B/A BART SHAW ARCHITECT FOR
FINAL DESIGN OF PUBLIC ART FOR FAIRMOUNT PARK
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44222
("First 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 Michael Barton Shaw d/b/a Bart Shaw Architect, a Sole
Proprietorship, located at 610 Grove Street, Fort Worth, Texas 76102.
WHEREAS, on February 28, 2013, the City and Artist made and entered into City
Secretary Contract No. 44222 (the "Agreement"), and the City designated the Arts Council of
Fort Worth and Tarrant County, Inc. as its Contract Manager;
WHEREAS, under the Agreement, Artist is to develop a final design for public art for
Fairmount Park;
WHEREAS, the City desires to increase the scope of work to have the Artist develop a
new design for an additional artwork element that meets ADA accessibility requirements for
seating at the Site and visually ties to the Artist's conceptual Proposal;
WHEREAS, the Artist requires additional compensation for the additional scope of work;
and
WHEREAS, it is the desire of the City and Artist to amend the Agreement to increase the
scope of work and the compensation associated therewith..
NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and
agreements contained herein, do mutually covenant and agree that the Agreement is amended as
follows:
I.
The parties wish to amend Article 2.2 - "Scope of Services" to increase the Artist's scone of
work by requiring the Artist to develop a new design for an additional artwork element. Article
2.2 is amended to add the following subsection:
"h. Artist shall design one element of the Work for seating at the Site that is in compliance
with current standards set forth in the Americans with Disabilities Act of 1990, as amended, and
is visually cohesive with other elements of the Artwork Design."
II.
First Amendment to CSC 44222
OFFICIAL RECORD
CITY SECRETARY
F% WORTH, TX
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The parties wish to revise Article 3 of the Agreement titled ` Compensation and Payment
Schedule" to increase the total compensation to the Artist by $1,000.00 and amend the payment
installment schedule to reflect the additional payment for the increase in scope of work. Articles
3.1 (Compensation) and 3.2 (Payment Schedule) are amended in their entirety to read as follows:
"3.1 Compensation.
Total compensation to Artist under the Agreement shall not exceed SIX THOUSAND FIVE
HUNDRED DOLLARS AND NO CENTS ($6,500.00), which shall constitute full compensation for
any and all costs associated with this Agreement, including, but not limited to, 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
City agrees to pay Artist in the following installments set forth below, each instalhnent to represent full
and final, non-refundable payment for all services and materials provided prior to the due date thereof:
a. ONE THOUAND DOLLARS AND NO CENTS ($1.000.00) upon execution of this
Agreement.
b. THREE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($3,500.00) within
thirty (30) calendar days after Artist submits all of the Final Design Deliverables required under
Article 2.4 of this Agreement and makes a presentation(s) of the Final Design to the FWAC.
c. ONE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00) within thirty
(30) calendar days after City's approval of the Final Design.
d. City may pay Artist up to FIVE HUNDRED DOLLARS AND NO CENTS ($500.00) for
engineering and consulting fees in order to fulfill the terms of this Agreement. Such payment
shall be made upon receipt of an invoice from Artist with the original invoice (a retainer fee of up
to 50% is allowed) for such services attached thereto."
III.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the
total compensation paid to the Artist.
IV.
All terms and conditions of the Agreement that are not expressly amended pursuant to
this First Amendment shall remain in full force and effect.
V.
First Amendment to CSC 44222 2 of 3
All terms in this First Amendment that are capitalized but not defined shall have the
meanings assigned to them in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed four copies of this First
Amendment in Tarrant County, Fort Worth, Texas, this ib-7-/kday of :4,C.
2013. J
CITY OF FORT WORTH
By:
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Tyler
Assistant City Attorney
ATTEST:
1
ary J. Ka��r
City Secretary
No M&C Required
First Amendment to CSC 44222
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MICHAEL BARTON SHAW
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OFFICIAL RECORD.
CITY SECRETARY
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