HomeMy WebLinkAboutContract 47966-A1 (2)is
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RECEIVED
JUL 2 5 2017
CITY OF FORT WORTH
CITY SECRETARY
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GITY SEERETARY j ,itiC
CONTRACT NO.
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 47966
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This Amendment is made between the City of Fort Worth ("City"), a municipal corporation,
acting herein by and through Fernando Costa, its duly authorized Assistant City Manager and
Barbara Goldstein D/B/A Barbara Goldstein & Associates (the "Contractor").
WHEREAS, City and Contractor entered into an Agreement identified as Fort Worth
City Secretary Contract No. 47966 ("Agreement") to create a Fort Worth Public Art Master Plan
Update;
WHEREAS, Contractor has submitted the Final Draft of the Fort Worth Public Art
Master Plan Update and has made presentations to both the Fort Worth Art Commission and the
City Council;
WHEREAS, the City has extended the project schedule to allow for a public input period
prior to the City Council's consideration for adoption or acceptance of the Fort Worth Public Art
Master Plan Update anticipated to be on September 12, 2017;
WHEREAS, Contractor has requested an adjustment to the final payment of the
Compensation and Payment Schedule in order to be compensated for work completed to date;
WHEREAS, City and Contractor desire to amend the Agreement to compensate
Contractor for work completed to date;
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 revise ARTICLE 4 of the Agreement titled "Compensation and
Payment Schedule," to amend the payment installment schedule such that the original sixth
payment of $7,000.00 is split between two payments. Article 4.1. is hereby replaced in its
entirety to be and read as follows:
"4.1. Fee.
The City shall pay the Consultant a fee in the amount of up to ONE HUNDRED TWENTY
THOUSAND DOLLARS AND NO CENTS ($120,000.00), which shall constitute full
compensation for all services and materials to be performed and furnished by the Consultant
under this Agreement, inclusive of all travel expenses, and includes an allowance of up to FIFTY
First Amendment to Fort Worth City Secretary Contract No. 47966
SCANNED
Execution C ; py 7/20/17
OFFICIAL RECOM of 2
CITY SECRETARY
Fr, WORTH,TX
THOUSAND DOLLARS AND NO CENTS ($50,000.00) for the related Consultant -led
community outreach project and overall project contingencies. All payments under this
Agreement shall be made to Barbara Goldstein d/b/a Barbara Goldstein & Associates, who shall
be responsible for remitting to Associate Subconsultant and Artist Subconsultant(s) any fees,
reimbursement for travel and/or other expenses. City shall not be liable to Associate
Subconsultant or Artist Subconsultant(s) for any payments under this Agreement. The fee shall
be paid in the following installments, each installment to represent full and final, non-refundable
payment for all services and materials provided prior to the due date thereof:
a. Ten Thousand, Five Hundred Dollars and No Cents ($10,500.00) upon execution
of this Agreement, recognizing that Consultant has already invested time and
expense in preliminary coordination with the City.
b. Fourteen Thousand Dollars and No Cents ($14,000.00) within thirty (30) days
after the Consultant submits Progress Report #1 ("Initial Research' , Part 1), along
with copy of Associate Subconsultant's executed agreement to which Contract
Manager notifies of acceptance in writing.
c. Ten Thousand Five Hundred Dollars and No Cents ($10,500.001 within thirty (30)
days after Consultant submits Progress Report #2 ( `Initial Research' , Part 2)
along with copy of Artist Subconsultant's executed agreement to which Contract
Manager notifies of acceptance in writing.
d. Fourteen Thousand Dollars and No Cents ($14,000.00) within thirty (30) days
after Consultant submits Progress Report #3 ("Community Outreach and Public
Participation') to which Contract Manager notifies of acceptance in writing.
e. Fourteen Thousand Dollars and No Cents ($14.000.00) within thirty (30) days
after Consultant submits First Draft Fort Worth Public Art Master Plan Update
document and makes a PowerPoint presentation to the Fort Worth Art
Commission for input.
f. Five Thousand. Six Hundred Dollars and No Cents ($5,600 00) within thirty (30)
days after Consultant submits Final Draft Fort Worth Public Art Master Plan
Update and make a presentation to the Fort Worth Art Commission for
recommendation and to the City Council for adoption.
First Amendment to Fort Worth City Secretary Contract No. 47966 Execution Copy 7/20/17
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g. One Thousand, Four Hundred Dollars and No Cents ($1,400.00) within thirty (30)
days after City Council adoption or acceptance.
h. An allowance of up to FIFTY THOUSAND DOLLARS AND NO CENTS
($50,000.00) is available for the following: (1) Artist Subconsultant(s)' agreement
and costs and/or fees associated with the Consultant -Led Community Outreach
Project; and (2) City may pay Consultant for costs that are incurred by Consultant
due to changes in scope of work and/or additional travel over and above the eight
(8) trips included in the agreement. Such payment will be made upon (i) receipt
of supporting documentation by the Contract Manager from the Consultant and
(ii) approval by the Contract Manager of the additional costs."
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. 47966 not amended herein remain
unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by
the parties.
WITN SS HEREOF, the parties have executed this Agreement on this th
2017.
CCEPTED AND AGREED:
CITY OF FORT WORTH
Fernando Costa
Assistant City Man ger
Date: 7,�25"!
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BARBARA GOLDSTEIN, D/B/A
BARBARA GOLDSTEIN & ASSOCIATES
By 5arbara Go6a{ste/n
Barbara Goldstein
Principal
Date: July 24, 2017
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge hat I am the person responsible
or the $0 - ' r.- ing and . ► inist • _'on of this contract, including
ensurin:. 1 perfor . . ,. and • -porti ' : r- • i ments.
Nam • : Martha Meters
Title: Vice President of Public Art, Arts Council of Fort Worth
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No. 47966 Execution Copy 7/20/17
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APPROVED AS TO FORM AND LEGALITY:
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By:
Jessica Sangsvane
Assistant City Attorney III
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Form 12 9 5 : n/a
ATTEST:
By:
Mary'J. kaysW U
City Secretary
Contract Authorization:
No M&C Required
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTHS TX
First Amendment to Fort Worth City Secretary Contract No. 47966 Execution Copy 7/20/17
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