Common use of Modification of Schedule Clause in Contracts

Modification of Schedule. The parties agree that the Schedule set forth above, and the term of the Agreement, through the Notice of Completion, may, upon mutual agreement, be modified upon prior written authorization of the City’s Director of Economic Development, Public Art Director, or Program Officer without need of a formal amendment to this Agreement, through a Notice of Amended Schedule of Performance and Term in the form of this Exhibit. NOTICE OF AMENDED SCHEDULE OF PERFORMANCE AND TERM AGREEMENT TITLE and DATE: AGREEMENT BETWEEN THE CITY OF SAN XXXX AND [ ] TO DESIGN, FABRICATE AND INSTALL A WORK OF ART AT [ ], dated [ ] ARTIST Name and Address: DATE OF OPTION: Pursuant to Section 2 and Exhibit “B” of the Agreement referenced above, the City hereby exercises its option to amend the Schedule of Performance and extend the term as follows: EXHIBIT B-AMENDMENT NUMBER (eg. 1, 2, etc) AMENDMENT NUMBER (eg. FIRST, SECOND, ETC.) AMENDED SCHEDULE OF PERFORMANCE Concept Design Complete all tasks in Parts 1-3 of Exhibit A and submit Concept Design Proposal to Staff for required reviews Complete all required reviews of Concept Design Proposal including Public Art Committee review (Part 4 of Exhibit A) Schematic Design Complete all tasks in Part 5 of Exhibit A and submit Schematic Design Proposal to staff for required reviews Complete all required reviews of Schematic Design Proposal including Public Art Committee Review (Part 6 of Exhibit A) Design Development Complete all tasks in Part 7 of Exhibit A and submit Design Development Proposal to staff for required reviews Complete all review of Design Development Proposal including Public Art Committee Review (Part 8 of Exhibit A) Construction Documents Complete Construction Documents, Calculations & Final Budget (Parts 10 of Exhibit A) Fabrication and Installation (Part 12 of Exhibit A) Notice of Completion (Part 13 of Exhibit A) CITY OF SAN XXXX a municipal corporation By Name: Title: “”Artist” By: Name: Title: EXHIBIT C COMPENSATION 1. Fee. Artist’s fee for Artwork Design, Fabrication and Installation, including all expenses relating thereto, shall not exceed the sum of Three Hundred Twenty Thousand Dollars ($320,000) of which amount Forty-Five Thousand Dollars ($45,000) is allocated for design, including Construction Documentation, and an amount of Two Hundred Seventy-Five Thousand Dollars ($275,000) is allocated for fabrication and installation. This fee includes but is not limited to the following costs: labor of assistants; materials, programming, communication and other indirect costs; travel expenses of the Artist for site visits and research, and a contingency/holdback.

Modification of Schedule. The parties agree that the Schedule set forth above, and the term of the Agreement, through the Notice of Completion, may, upon mutual agreement, be modified upon prior written authorization of the City’s Director of Economic Development, Public Art Director, or Program Officer without need of a formal amendment to this Agreement, through a Notice of Amended Schedule of Performance and Term in the form of this Exhibit. NOTICE OF AMENDED SCHEDULE OF PERFORMANCE AND TERM AGREEMENT TITLE and DATE: AGREEMENT BETWEEN THE CITY OF SAN XXXX AND [ ] TO DESIGN, FABRICATE AND INSTALL A WORK OF ART AT [ ], dated [ ] ARTIST Name and Address: DATE OF OPTION: Pursuant to Section 2 and Exhibit “B” of the Agreement referenced above, the City hereby exercises its option to amend the Schedule of Performance and extend the term as follows: EXHIBIT B-AMENDMENT NUMBER (eg. e.g. 1, 2, etc) AMENDMENT NUMBER (eg. e.g. FIRST, SECOND, ETC.) AMENDED SCHEDULE OF PERFORMANCE Concept Schematic Concept/ Design Complete all tasks in Parts 1-3 6 of Exhibit A and submit Schematic Concept Design Proposal to Staff for required reviews Complete all required reviews of Schematic Concept Design Proposal including Public Art Committee review (Part 4 of Exhibit A) Schematic Design Complete all tasks in Part 5 of Exhibit A and submit Schematic Design Proposal to staff for required reviews Complete all required reviews of Schematic Design Proposal including Public Art Committee Review (Part 6 of Exhibit A) Design Development Complete all tasks in Part 7 of Exhibit A and submit Design Development Proposal to staff for required reviews Complete all review of Design Development Proposal including Public Art Committee Review (Part 8 of Exhibit A) Construction Documents Complete Construction Documents, Calculations & Final Budget (Parts 10 of Exhibit A) Fabrication and Installation (Part 12 of Exhibit A) Notice of Completion (Part 13 of Exhibit A) CITY OF SAN XXXX a municipal corporation By Name: Title: “”Artist” By: Name: TitleIts: EXHIBIT C COMPENSATION 1. Fee. Artist’s fee for Artwork Design, Fabrication and Installation, including all expenses relating thereto, shall not exceed the sum of Three Hundred Twenty Thousand Dollars ($320,000) of which amount Forty-Five Thousand Dollars ($45,000) is allocated for design, including Construction Documentation, and an amount of Two Hundred Seventy-Five Thousand Dollars ($275,000) is allocated for fabrication and installation. This fee includes but is not limited to the following costs: labor of assistants; materials, programming, communication and other indirect costs; travel expenses of the Artist for site visits and research, and a contingency/holdback.COMPENSATION

Modification of Schedule. The Consistent with EXHIBIT A Part 9.B “Delegation of Authority”, the parties agree that the Schedule set forth above, and the term of the Agreement, through the Notice of CompletionCity’s Completion Notice, may, upon mutual agreement, be modified upon prior written authorization of the City’s Director of Economic Development, Public Art Director, or Program Officer without need of Officer, in a formal amendment form substantially similar to this Agreement, through a the following Notice of Amended Schedule of Performance and Term in the form of this Exhibit. NOTICE OF AMENDED SCHEDULE OF PERFORMANCE AND TERM AGREEMENT TITLE and DATE: AGREEMENT BETWEEN THE CITY OF SAN XXXX AND [ ] TO DESIGNPURCHASE, FABRICATE DESIGN AND INSTALL A WORK OF ART AT [ ], dated [ ] ARTIST Name and Address: DATE OF OPTION: Pursuant to Section 2 and Exhibit “B” EXHIBIT A Part 7.A, of the Agreement referenced above, the City and Artist hereby exercises its option agree to amend the Schedule of Performance and and/or extend the term as follows: EXHIBIT B-AMENDMENT NUMBER (eg. e.g. 1, 2, etc) AMENDMENT NUMBER (eg. e.g. FIRST, SECOND, ETC.) AMENDED SCHEDULE OF PERFORMANCE Concept Design DESIGN DEVELOPMENT Complete all tasks in Parts 1-3 of Exhibit A and submit Concept Design Proposal to Staff for required reviews Complete all required reviews of Concept Design Proposal including Public Art Committee review (Part 4 of Exhibit A) Schematic Design Complete all tasks in Part 5 of Exhibit A and submit Schematic Design Proposal to staff for required reviews Complete all required reviews of Schematic Design Proposal including Public Art Committee Review (Part 6 of Exhibit A) Design Development Complete all tasks in Part 7 of Exhibit A and submit Artwork Design Development Proposal to staff for required reviews (Part 7 of EXHIBIT A) Complete all review of Artwork Design Development Proposal including Public Art Committee Review (Part 8 of Exhibit EXHIBIT A) Construction Documents City to provide Notice of Artwork Design Development Proposal Acceptance (Part 9 of EXHIBIT A) CONSTRUCTION DOCUMENTS Complete Construction Documents, Calculations & Final Budget (Parts Part 10 of Exhibit EXHIBIT A) Fabrication and City to provide Notice to Proceed with Installation (Part 11 of EXHIBIT A) INSTALLATION Artist provides City the Inspection Notice (Part 12 of Exhibit EXHIBIT A) City provides Artist the Transportation Notice to Proceed (Part 12 of EXHIBIT A) COMPLETION City provides Completion Notice (Part 13 of Exhibit EXHIBIT A) In no event later than [date] CITY OF SAN XXXX a municipal corporation By Name: Title: “”Artist” By: Name: Title: EXHIBIT C COMPENSATION 1. Fee. Artist’s fee for Artwork Design, Fabrication and Installation, including all expenses relating thereto, shall not exceed the sum of Three Hundred Twenty Thousand Dollars ($320,000) of which amount Forty-Five Thousand Dollars ($45,000) is allocated for design, including Construction Documentation, and an amount of Two Hundred Seventy-Five Thousand Dollars ($275,000) is allocated for fabrication and installation. This fee includes but is not limited to the following costs: labor of assistants; materials, programming, communication and other indirect costs; travel expenses of the Artist for site visits and research, and a contingency/holdback.”

Modification of Schedule. The parties agree that the Schedule set forth above, and the term of the Agreement, through the Notice of Completion, may, upon mutual agreement, be modified upon prior written authorization of the City’s Director of Economic Development, Public Art Director, or Program Officer Project Manager without need of a formal amendment to this Agreement, through a Notice of Amended Schedule of Performance and Term in the form of this Exhibit. NOTICE OF AMENDED SCHEDULE OF PERFORMANCE AND TERM AGREEMENT TITLE and DATE: AGREEMENT BETWEEN THE CITY OF SAN XXXX AND [ ] TO DESIGN, FABRICATE AND INSTALL A WORK OF ART AT [ ], dated [ ] ARTIST Name and Address: DATE OF OPTION: Pursuant to Section 2 and Exhibit “B” of the Agreement referenced above, the City hereby exercises its option to amend the Schedule of Performance and extend the term as follows: EXHIBIT B-AMENDMENT NUMBER (eg. 1, 2, etc) AMENDMENT NUMBER (eg. FIRST, SECOND, ETC.) AMENDED SCHEDULE OF PERFORMANCE Concept Design Complete all tasks in Parts 1-3 of Exhibit A and submit Concept Design Proposal to Staff for required reviews Complete all required reviews of Concept Design Proposal including Public Art Committee review (Part 4 of Exhibit A) Schematic Design Complete all tasks in Part 5 of Exhibit A and submit Schematic Design Proposal to staff for required reviews Complete all required reviews of Schematic Design Proposal including Public Art Committee Review (Part 6 of Exhibit A) Design Development Complete all tasks in Part 7 of Exhibit A and submit Design Development Proposal to staff for required reviews Complete all review of Design Development Proposal including Public Art Committee Review (Part 8 of Exhibit A) Construction Documents Complete Construction Documents, Calculations & Final Budget (Parts 10 of Exhibit A) Fabrication and Installation (Part 12 of Exhibit A) Notice of Completion (Part 13 of Exhibit A) CITY OF SAN XXXX a municipal corporation By Name: Title: “”Artist” By: Name: Title: EXHIBIT C COMPENSATION 1. Fee. Artist’s fee for Artwork Design, Fabrication and Installation, including all expenses relating thereto, shall not exceed the sum of Three Hundred Twenty Thousand Dollars ($320,000300,000) of which amount Forty-Five Thousand Dollars ($45,000) is allocated for design, including Construction Documentation, and an amount of up to Two Hundred SeventyFifty-Five Thousand Dollars ($275,000255,000) is allocated for fabrication and installation. This fee includes but is not limited to the following costs: labor of assistants; materials, programming, communication and other indirect costs; travel expenses of the Artist for site visits and research, and includes a mandatory contingency/holdbackholdback of 10% of the final, approved budget for fabrication and installation.