Loading...
HomeMy WebLinkAboutContract 51780-A1 1 J CITY SECRETARY CONTRACT NO.Psi?1� �—A -- FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 51780 v� v� AGREEMENT BETWEEN THE CITY OF FORT WORTH AND RILEY HOLLOWAY FOR COMMISSION OF PUBLIC ART FOR THE PUBLIC SAFETY MUNICIPAL COURT BUILDING This FIRST AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 51780 ("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 Dana Burghdoff, its duly authorized Interim Assistant City Manager, and Riley Holloway, an individual residing at 789 Chateau Lane, Plano, Texas 75023. 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 January 24, 2019, the City and Artist entered into City Secretary Contract No. 51780, an agreement for commission of public art for the Public Safety Municipal Court Building ("Agreement"); WHEREAS, in the course of implementation, the Artist learned that the budget set aside for security during installation was no longer necessary; and WHEREAS, it is the collective desire of both City and Artist to amend the payment schedule to transfer the unneeded funds to the contingency allowance. 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 redistribute funding for a total contract amount of$45,500.00. Sections 3.1 and 3.2 are deleted in their entirety and replaced with the following: "3.1. Compensation. Total compensation to Artist under the Agreement shall be an amount up to FORTY-FIVE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($45,500.00) which shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, fabrication, First Amendment to Fort Worth City Secretary Contract No. 51780 Execution Co - -�—JRY CITY SECRETiFT. WORTH, transportation, installation, engineering and consulting fees, a remaining Artist's fee of $2,250.00, insurance, storage costs, all travel expenses and services performed and materials furnished by Artist under this Agreement, and including a $6,200.00 contingency. 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. i. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon execution of this Agreement. ii. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon the Contract Manager's verification that fabrication of the Work is 50%complete. iii. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon the Contract Manager's verification Work is 100%complete and being shipped. iv. FIVE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($5,500.00) upon the Contract Manager's verification that the Work is installed. vi. THREE THOUSAND, EIGHT HUNDRED DOLLARS AND NO CENTS ($3,800.00) within thirty-five (35) calendar days after Final Acceptance and receipt by City of such documentation it may require concerning payment of services and supplies rendered to Artist (see Article 2); provided, however, that final delivery shall not be tendered prior to the expiration of thirty (30)days after Final Acceptance. vii. The total compensation in Article 3.1 includes payment for any unforeseen changes in fabrication or installation costs from a contingency fund in an amount up to SIX THOUSAND, TWO HUNDRED DOLLARS AND NO CENTS ($6,200.00) for costs associated with the Work that are incurred by the Artist due to unforeseen changes in fabrication or installation costs, and / or to include lighting if approved, including an administrative fee of fifteen percent (15%). Such payment will be made upon (i) receipt of supporting documentation by the Contract Manager from the Artist and (ii) approval by the Contract Manager of the additional costs." II. Funds previously paid to Artist prior to this First Amendment shall apply towards the total compensation paid to Artist. First Amendment to Fort Worth City Secretary Contract No. 51780 Execution Copy 9/4/19 2 of 3 III. All other terms, provisions, conditions, covenants and recitals of said Agreement not expressly amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment in Fort Worth, Tarrant County, Texas, this 5th day of September, 20I9. CITY OF FORT WORTH ARTIST By: By: -Ho(Io W Ay Dana Burghdoff Riley Holloway Interim Assistant ity Manager Artist CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Michelle Richardson Public Art Project Manager APPROVED " TO FORM AND LEGALITY: By: Jessica Sangsv Senior Assistant it Attorney ATTEST: By: 71 Mary J. Kayser 4a U ..� City Secretary � 1`A 2 Contract Authorization: Form 1295: NA ^r. OFFICIAL RECORD M&C: NA CITY SECRETARY FT. WORTH,TX First Amendment to Fort Worth City Secretary Contract No. 51780 Execution Copy 9/4/19 3 of 3