The URL can be used to link to this page

Home My WebLink AboutContract 44062-A1 U s CQUARY L CONTRACT NO al FIRST AMENDMENT To CITY SECRETARY CONTRACT O. 44062 AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK, BETWEEN THE CITY OF FORT WORTH AND 4JACK MACKIE This FIRST AMENDMENT TO CITY SECRETARY CONTRACT No. 44062 ("First Amendment") is made and entered 'Into by and between een the City of Fort Worth, a hone-rule municipal corporation of the State of Texas, acting by and through Its duly authorized Assistant City Manager, and Jack Mackie, an ndividual residing at 700 NW 42 d Street #217 Seattle, Washington 107-4507. The City y 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 finds 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,error to the installation of t c Wor , th e parties,also a.� , reed 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 Word:, and WHEREAS, this First Amendment is intended to memorialize the parties intent as set forth above and perrnit 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 a. reements contained herein, do mutually covenant and agree that the Agreement is amended as follows. 1. The parties wish to amend Subsection 2.5,"Delivery and Installation,"'of,article 2, `SCOPE OF SERVICES A 'ELIVERA LE I,91 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. 41. 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 flan 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." OFFICIAL LR C CITY SECRETARY First Amendment to CS,C 44062 TWO TH , 3 FT,WORTH,TW CEIVED (X7 2 11 of 2613 mnn VfIYVfmYtlmlllltltlmll%iMMfMfMtlmtltltltltltlwtltlfMVfYIIMmMnIIImYRNtlwYM M.. xmmmmmmmmiumw.rvmrwm.�.»"�--^^+'^^,°w""-°",,, ____... The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment Schedule" to increase the total compensation to the Artist by $3,400.0101 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) i,s amended to add Subsection g.,, which, shall read as follows*- ` .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 ($6,4,578.004, 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 nstallation, Artist's fee, insurance, incidental costs, a] 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. Schedule 4�9. 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." Ill. Funds previously plaid to the Artist prior to this First Amendment shall apply toward the total compensation plaid to the Artist. IV., Al] terms and conditions, of the Agreement that are not expressly, amended pursuant to this First Arnendment 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 t hei-n in the Agreement. IN WITNESS W'1'FREOF,the parties h ret, have executed five copies of this First Arriendment in Fort Worth,Texas, on day of 2013. CITY OF OR WORTH JACK MACK 45 by.- 11 1W Fernando Costa Assistant City Manager First Amendment to CSC 44062 2 of 3 The parties Wish to revise Article 3 of the Agreement titled "Compensation and Payment Schedule'" to 0 increase the total compensation to the Artist by $3,400-00 and amend the payment mistallment schedule,to refl�ect the additional payment for the increase 'in scope of work. Subsection 3.1 (Compensation) iis amended in in its entirety and Subsection 3.2 ("ayment Schedule) is amended to add Subsection g., which shall read as follows: wM Cow Lion Total compensation to Artist under the Agreement shall be in an amount up to S12 -FOUR TH2USAND --FLN�E UNDRED aE,,YENTY EIGPI I)OLLARS S N CENT5 which shall constitute full compensation fdr any and all services to be performed and materials to be ftirnisbed by Artist, under this Agreement, including, but not In"Wited to, land su,rveymg costs, fabricatton,, 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 ar6 required,"' 3.2. Payment Schedule 64 City may pay Artist up to TBREE IHO OUR RED DOLLARSAND NO 9. VSAND E_ CENTS ($3,400.99)for the perfornmee of services tielated to Subsections 2.5.1 and m. Payments for said services shall be made upon receipt of an *invoice from Artist with the original invoices)for such services attached thereto within 30 days after the approval by City of such invoices." 1114 Funds, previously paid to the Artist prior to this, First Amendment shall apply toward the total compensation paid to the Artist. IV. All to and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain M` full for and effect. V. All to in this Firs-t 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 -1,2013. CITY OF FORT WORTH JACK MACKIE eoo� YIN III by Fernando Costa 10 Assistant City Manager First Amendment to CSC 44062 2 of 3 APPROVED AS TO FORM AND LEGALITY: Tyler F. Walla Assistant City Attorney ATT 01 Mary J. Kayser City Secretary, U M&C*- C-260146 Date.- January 8,,2013 F, OFFI CIAL RECORD CITY SECRETARY FT, RTH,s TX First Amendment to CSC 44062 3 of 3