HomeMy WebLinkAboutContract 44062-A1 (2)CITY SECRETARY
CONTRACT NO. -�1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44062
AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK
BETWEEN THE CITY OF FORT WORTH AND JACK MACKIE
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44062 ("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 its duly authorized Assistant City Manager, and Jack
Mackie, an individual residing at 700 NW 42"d Street #217 Seattle, Washington 98107-4507. The City
designated the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager.
WHEREAS, on January 15, 2013, the City and Artist made and entered into City Secretary Contract
No. 44062 (the "Agreement") for fabrication, delivery, and installation of public art for Sargent Street;
WHEREAS, the funds originally budgeted for the traffic control plan necessary for the installation of
the Work proved insufficient to meet the services necessary to carry out the requirements of the City, other
government agencies with jurisdiction, and the City's approved service provider;
WHEREAS, as a result, the Artist was required to perform services that were not anticipated as part
of the original budget for the traffic control plan;
WHEREAS, prior to performing the extra traffic safety measures, the parties agreed that the Artist
would be compensated for additional costs associated therewith;
WHEREAS, prior to the installation of the Work, the parties also agreed to increase the Artist's scope
of work by requiring the Artist to make an additional trip to Fort Worth to oversee the pouring of the footing
for installation of the Work; and
WHEREAS, this First Amendment is intended to memorialize the parties intent as set forth above
and permit reimbursement to the Artist for additional services provided to the City for the unexpected traffic
control measures and travel to Fort Worth to oversee the pouring of the footings.
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 Subsection 2.5, "Delivery and Installation," of Article 2, "SCOPE OF SERVICES
AND DELIVERABLES," to memorialize the parties understanding of the additional services provided to the
City for the unexpected traffic control measures and travel to Fort Worth to oversee the pouring of the
footings. Subsection 2.5 is amended to add the following subsections:
"1. Artist shall comply with any and all requirements set forth by the City, other government
agencies with proper jurisdiction, and the City's approved service provider in carrying out a
traffic control plan for installation of the Work at the Site.
m. Artist shall make a trip to the Site to oversee the pouring of the footing during installation of
the Work."
First Amendment to CSC 44062
OFFICIAL RECORD
CITY SECRETARY
i FT.WORTH,TX?ECE!VED OCT2'bb
II.
The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment Schedule" to
increase the total compensation to the Artist by $3,400.00 and amend the payment installment schedule to
reflect the additional payment for the increase in scope of work. Subsection 3.1 (Compensation) is amended
in its entirety and Subsection 3.2 (Payment Schedule) is amended to add Subsection g., which shall read as
follows:
"3.1. Compensation
Total compensation to Artist under the Agreement shall be in an amount up to SIXTY-FOUR
THOUSAND FIVE HUNDRED SEVENTY EIGHT DOLLARS AND NO CENTS
($64,578.00), which shall constitute full compensation for any and all services to be performed and
materials to be furnished by Artist under this Agreement, including, but not limited to, land
surveying costs, fabrication, transportation, installation, Artist's fee, insurance, incidental costs, all
travel expenses, and any other costs associated with the Work. The Parties may amend this
Agreement to allow for additional payment if additional services are required."
3.2. Payment Schedule
"g. City may pay Artist up to THREE THOUSAND FOUR HUNDRED DOLLARS AND NO
CENTS ($3,400.00) for the performance of services related to Subsections 2.5.1 and m. Payments
for said services shall be made upon receipt of an invoice from Artist with the original invoice(s) for
such services attached thereto within 30 days after the approval by City of such invoices."
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.
All terms in this First Amendment that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
IN WITNESS W REOF, the parties h ret . have executed five copies of this First Amendment in Fort
Worth, Texas, on day of %9 , 2013.
CITY OF FORT WORTH JACK MACKIE
by:
Fernando Costa
Assistant City Manager
First Amendment to CSC 44062 2 of 3
II.
The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment Schedule" to
increase the total compensation to the Artist by $3,400.00 and amend the payment installment schedule to
reflect the additional payment for the increase in scope of work. Subsection 3.1 (Compensation) is amended
in its entirety and Subsection 3.2 (Payment Schedule) is amended to add Subsection g., which shall read as
follows:
"3.1. Compensation
Total compensation to Artist under the Agreement shall be in an amount up to SIXTY-FOUR
THOUSAND FIVE - HUNDRED SEVENTY EIGHT DOLLARS AND NO CENTS
f S64.578.00), which shall constitute full compensation for any and all services to be performed and
materials to be furnished by Artist under this Agreement, including, but not limited to, land
surveying costs, fabrication, transportation, installation, Artist's fee, insurance, incidental costs, all
travel expenses, and any other costs associated with the Work. The Parties may amend this
Agreement to allow for additional payment if additional services are' required."
3.2. Pavment Schedule
"g. City may pay Artist up to THREE THOUSAND FOUR HUNDRED DOLLARS AND NO
CENTS ($3.400.00) for the performance of services (elated to Subsections 2.5.1 and m. Payments
for said services shall be made upon receipt of an invoice from Artist with the original invoice(s) for
such services attached thereto within 30 days after the approval by City of such invoices."
Funds previously paid to the Artist prior to this First Amendment shall apply toward the total
compensation paid to the Artist.
W.
All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full farce and effect.
V.
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 five copies of this First Amendment in Fort
Worth, Texas, on day of , 2013.
CITY OF FORT WORTH JACK MACKIE
by:
*4-hanCi
Fernando Costa
Assistant City Manager
First Amendment to CSC 44062 2 of 3
1
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. Wallph'
Assistant City Attorney
Mary J. Kayser(
City Secretary
M&C: C-26046
Date: January 8, 2013
aV fl r r 1. RECORD
CfiTY SECRETARY
FT. WORTH, TX
First Amendment to CSC 44062
3 of