HomeMy WebLinkAboutContract 44938-A1 g1011r2
�6 9� CrrY SECRETAf
CONTI)4CT NO.CV
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IRST AMENDMENT TO CITY SECRETARY CONTRACT NO.44938
AGREEMENT BETWEEN THE CITY OF FORT WORTH
�d L� AND BENITO HUERTA FOR DESIGN OF PUBLIC ART FOR
IL Mb SOUTH MAIN URBAN VILLAGE
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44938 ("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 Benito Huerta, an individual, residing at 1128 West Park Row Drive, Arlington,
Texas. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this
Agreement on its behalf. The Contract Manager shall act through its designated Public Art project
manager.
WHEREAS, on October 4, 2013, the City and Artist made and entered into City Secretary
Contract No. 44938, an agreement for design of public art("Agreement");
WHEREAS, in the course of developing the Final Design, Artist determined the need to
engage additional consultants in order to develop electronic drawings and structural engineering for
the Work to fulfill the requirements set forth in the Agreement; and
WHEREAS, it is the desire of City to compensate Artist with the necessary funds to
proceed with the engagement of additional consultants;
NOW, THEREFORE, City and Artist for and in consideration of the covenants and
agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
I.
The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment
Schedule" to amend the payment installment schedule to allow for additional funding of up to
$1,900.00 for payments for engineering and consulting. Articles 3.1 (Compensation) and 3.2
(Payment Schedule) are replaced in their entirety to be and read as follows:
"3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount up to SEVEN
THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($7,700.00), which shall
constitute full compensation for any and all costs associated with the 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
a. City agrees to pay Artist 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-
OFFICIAL RECORD
Amendment 1,Contract Number 44938, Agreement with Benito Huerta for Design of Public Art f r§�'AWMARY
Village FT. WOJTH, TX
Execution Copy 7/15 lo
i. 014E THOUSAND DOLLARS AND NO CENTS ($1,,.,000.00) upon execution of
this Agreement.
ii. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.0-M within thirty (30)
calendar days after Artist submits all of the Preliminary Design Deliverables required
under Article 2.3 of this Agreement and makes a presentation(s) of the Preliminary
Design to the FWAC for approval.
iii. TWO THOUSAND DOLLARS SND NO CENTS ($2,000,00) within thirty (30)
calendar days after Artist submits all of the Final Design Deliverables required under
Article 2.5 of this Agreement and makes a presentation(s) of the Final Design to the
FWAC for approval.
iv. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty (30)
calendar days after City's approval of the Final Design.
V. City may pay Artist up to TWO THOUSAND, SEVEN HUNDRED DOLLARS
AND NO CENTS ($2,700.00) 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 5(% is allowed) for such
services attached thereto."
I[.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the
total compensation paid to the Artist.
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 WHEREO antes 4ayto have euted four copies of this First Amendment
in Fort Worth, Texas,this y of , 2015.
CITY OF FORT WORTH ARTIST
by:
Fernando CostaB
!nj1!5
Huerta
Assianager ,
Date: Date: Z Z
APPROVr AS TO FORM AND LEGALITY:
Jessica gsvang
Assis City Attorney
Amendment 1,Contract Number 44938,Agreement with Benito Huerta for Design of Public Art for South Main Urban
Village _
Execution Copy 7/7/11 2 of 3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTESTED BY:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Amendment 1,Contract Number 44938, Agreement with Benito Huerta for Design of Public Art for South Main Urban
Village
Execution Copy 7/7/15 3 of 3