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� SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 51780
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AND RILE HOLLOWAY FOR COMMISSION OF PUEMENT BETWEEN THE CITY OF FORT BLIC ART
FOR THE PUBLIC SAFETY MUNICIPAL COURT BUILDING
This SECOND AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 51780
("Second 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 Fernando Costa, its duly authorized
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"), amended on September 5, 2019 through City Secretary Contract No. 51780-A 1 ("First
Amendment");
WHEREAS, during the course of implementation, it became clear that the cost of installation
was lower than anticipated; and
WHEREAS, it is the collective desire of both City and Artist to amend the payment schedule to
reflect the lower installation cost and redistribute the difference in 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
Second Amendment to Fort Worth City Secretary Contract No. 51780 EF
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for any and all costs associated with this Agreement, including, but not limited to, fabrication,
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 $12,548.00 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. ONE THOUSAND, SEVEN HUNDRED TWO DOLLARS AND NO CENTS
($1,702.00)upon the Contract Manager's verification that the Work is installed.
vi. ONE THOUSAND, TWO HUNDRED FIFTY DOLLARS AND NO CENTS
($1,250.00) 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 TWELVE
THOUSAND, FIVE HUNDRED FORTY-EIGHT DOLLARS AND NO CENTS
($12,548.00) 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 Second Amendment shall apply towards the total
compensation paid to Artist.
Second Amendment to Fort Worth City Secretary Contract No.51780
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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-llt-' day of'Ftb. ,2020.
CITY OF FORT WORTH ARTIST
By: By: t-wo[low q
Fernando Costa Riley Holloway
Assistant City 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.
(VWk544ULU
Michelle Richardson
Public Art Project Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Matt Murray ,.
Assistant City Attorney I
ATTES
By:
M J. ayser
Ci Secretary , `" 'tr t_J
Contract Authorization:
Form 1295: 2018-428986
M&C: C-28963 OFFICIAL RECORD Date: 12/11/18
CITY SECRETARY
Second Amendment to Fort Worth City Secretary Contract No. 51780 Ft '�UORTFI, TX