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HomeMy WebLinkAboutContract 46018-A1 (2)I' 1. The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment � SCANNED RECEIVED OCT 16 2015 ITN SECRET g CONTRACT NO. CITYOFFORTWORT FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 46018 CrffsEORETARY AGREEMENT BETWEEN THE CITY OF FORT WORTH JANET ZWEIG LLC AND EL DORADO INC. FOR PRELIMINARY DESIGN OF PUBLIC ART FOR THE NORTH BEACH CORRIDOR LINEAR PROJECT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 46018 ("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 Janet Zweig LLC, a Limited Liability Corporation located at 54 Willow Street -114A, Brooklyn, New York, 11201, and acting by and through Janet Zweig, its duly authorized member, and El Dorado Inc., a Missouri Corporation located at 510 Avenida Cesar E. Chavez, IKansas City, MO, 671108, acting by and through gaii iia inI, its duly authorized Principal. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage tlatis A.greetment on its behalf. The Contract Manager shall act thi ough its designated Public Art project manager. • • _ e. • • • WHEREAS, on October 10, 2014, the City and Artist made and entered into City Secretary Contract No. 46018, an agreement for Preliminary Design o Public Art ("Agreement"); WHEREAS, in the course of developing the Preliminary Design Deliverables, Artists determined the need to engage additional consultants in order to develop electronic drawings for the Work to fulfill the requirements set forth in the Agreement; and WHEREAS, it is the desire of City to amend the payment schedule to allow Artists the necessary cash flow to proceed with the engagement of additional consultants; NOW', THEREFORE, City and Artists, for and in consideration of the covenants and 1) agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: m DTI m Schedule" to amend the u p installment schedule to designate an allowance of to 2 500.00 payment g l `� for payments for engineering and consulting without altering the total contract amount of Amendment J , Contract Number 46018, Agreement with JANET ZW N.1C LLC AND EL DORADO INC. FOR PRELIMINARY DESIGN OF PUBLIC ART FOR THE NORTH BEACH CORRIDOR LINEAR PROJECT Execution Copy 9/22/15 1 of 3 • • $42,050.00. Article 3.2 (Payment Schedule) is replaced in its entirety to be and read as follows: "3,2. Payment Schedule. City agrees to pay Artists in the following installments set forth below, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: (a) SEVEN THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($75)0.00) upon execution of this Agreement. (b) NINE THOUSAND, THREE HUNDRED. SEVENTY-FIVE DOLLARS AND NO CENTS ($9,375.00) after Artists travel to Fort Worth, conduct site research and meet with community members and stakeholders to determine how best to engage the community to contribute audio content; and meet with local industry professionals regarding the development of audio content. . (c) SEVEN ' THOUSAND.: SIX HUNDRED,.>'TWVENTY-FI_VE 'DOLLARS' AND. NO CENTS 07,625.00) afterArtists travel to Fort Worth and malce a, •presentation(s) of the• • draft Preliminary Design to the FWAC. (d) TWELVE THOUSAND, TWO HUNDRED, FIFTY DOLLARS ANI) NO CENTS ($12,250.011) after Artists travel to Fort Worth and meet with the designated Project Stakeholders, City staff, and other City boards or commissions, as appropriate, to present the Preliminary Design pursuant to Article 2.4(b) and submit all of the Preliminary Design Deliverables required under Article 2.3 of this Agreement. (e) TWO THOUSAND, EIGHT HUNDRED, DOLLARS AND NO CENTS ($2,800.00) atter City's approval of the Preliminary Design pursuant to Article 2.4, (t) City may pay Artists up to TWO THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) for 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." II. Funds previously paid to the Artists prior to this First Amendment shall apply toward the total compensation paid to the Artists. Amendment 1, Contract Number 46018, Agreement with JANET ZWEIG LLC AND EL DORADO INC. FOR PRELIM INA R Y DFS 1(iN OF PUBLIC ART FOR THE NOR ITT 13EACI1 CORRIDOR LINEAR PROJECT l;\eeution C opy 9/22/1 S 2 o13 • • • III. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed four copies of this First Amendment in Fort Worth, Texas, this 1 day of 0 , 2015. CITY OF FORT WORTH by: )7,04.44../. Fernando Costa Assistant City Manager Date: /045-As . • `• . • •/ • • • • • . . . • 4 . APPROVES TO FORM AND LEGALITY: Jessica San Assistant tto rn ey ATT- ED BY: a y J. Kayser City Secretary M&C No M &C Rea tr ired • ARTISTS Digitally signed by Janet Zweig Janet Zvve DN: cn=Janet Zweig, o, ou, emaikanetzweig@gmail.com, c=US Date: 2015.10.14 13:47:37-04'00' Janet Zweig Member, Janet Zweig LLC Date: October 14, 2015 • ke 1tvn Principal, El Dorado Inc. • . . • • • • • 0 1 • • • .• • OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Amendment 1 Contract Number 46018, Agreement with JANET ZWEIG LLC AND EL DORADO INC. FOR PRELIMINARY DESIGN OF PUBLIC ART FOR THE NORTH BEACH CORRIDOR LINEAR PROJECT Execution Copy 9/22/15 3 of 3