HomeMy WebLinkAboutContract 45242-A1 (2)CITY
CONTRACT NO.SECRETAff';n7
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FIRST AMENDMENT TO CITY SECRETARY
CONTRACT NO. 45242
WHEREAS, on November 9, 2011, the City of Fort Worth and Frances Bagley, L.L.C. and
Tom Orr L.L.C. entered into City Secretary Contract No. 45242 ("Contract"), and the City designated
the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager;
WHEREAS, under the Contract and according to schedule, the Artists have fabricated the Work,
which shall be installed at the Site;
WHEREAS, just prior to installation of the Work, a ten -foot utility easement was discovered at
the location of the Site where the Work is to be installed;
WHEREAS, installation may not proceed until the City obtains permission to encroach on the
easement from all affected utility companies, necessitating storage of the Work and the associated costs
that were not anticipated;
WHEREAS, it is the mutual desire of City and Artists to amend the Contract to compensate the
Artists for the increased scope of services and additional fees.
NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth, Texas
76102, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Frances
Bagley, L.L.C. and Tom Orr L.L.C. of 8157 Barbaree Blvd., Dallas, Texas 75228, do hereby agree as
follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Article 2.6 of the Contract titled "Delivery and Installation" is amended to add a subsection to provide a
commitment for payment to Artists for potential storage costs resulting from a recent and unanticipated
discovery of a utility easement at the Site. Article 2.6 is amended to add the following subsection (g):
1.
"g. City shall reimburse Artists up to Three Thousand Dollars and No Cents ($3,000.00)
for reasonable storage costs incurred by Artist during the period between the date the
Artists complete fabrication of the Work until the City gives Artist permission to deliver
and install the Work at the Site per the payment schedule set forth in Article 3 below.
05-2 -1 2 A09 : 15 IN
FIRST AMENDMENT TO CITY OF FORT WORTH CONTRACT #45242 Page 1 of 3
2.
Article 3 of the Contract titled "Compensation and Payment Schedule" is amended to increase the total
compensation to the Artists and add a payment schedule for the above -referenced $3,000.00, or any
portion thereof. Article 3.1 (Compensation) and 3.2 (Payment Schedule) are amended in their entirety to
read as follows:
"3.1. Compensation.
Total compensation under this Agreement shall be in the amount up to SEVENTY-NINE THOUSAND
ONE HUNDRED SEVENTY DOLLARS AND NO CENTS ($79.170.00), which shall constitute full
compensation for all services to be performed and materials to be furnished by Artists under this
Agreement, including, but not limited to, fabrication, transportation, installation, any remaining Artists'
fees, insurance, storage fees, incidental costs, all travel expenses and any other costs associated with the
Artwork Design and/or Work. Artists and City may amend this Agreement to allow for additional
payment if additional services are required.
3.2. Payment Schedule.
City agrees to pay 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:
a. FIFTEEN THOUSAND FOUR HUNDRED SIXTY-FOUR DOLLARS AND NO CENTS
($15,464.00) upon full execution of this Agreement.
b. THIRTY-FOUR THOUSAND FORTY-SIX DOLLARS AND NO CENTS ($34,046.00)
upon the Contract Manager's verification that fabrication of the Work is 50% complete.
c. NINETEEN THOUSAND FORTY-THREE DOLLARS AND NO CENTS ($19.043.00)
upon the Contract Manager's verification that fabrication of the Work is 100% complete, and the
Work ready to install.
d. SEVEN THOUSAND SIX HUNDRED SEVENTEEN DOLLARS AND NO CENTS
($7,617.00) within thirty-five (35) days after Final Acceptance and receipt by City of such
documentation it may require concerning payment of supplies and services rendered to the
Artists [see Article 2.8)].
City shall reimburse Artist un to THREE THOUSAND DOLLARS AND NO CENTS ($3.000.00)
for reasonable storage costs for the Work in order to fulfill the terms of this Agreement. Such
payment(s) shall be made upon receipt of invoice(s) from Artists."
FIRST AMENDMENT TO CITY OF FORT WORTH CONTRACT #45242 Page 2 of 3
Funds previously paid to the Artists prior to this amendment shall apply toward the total
compensation.
4.
All terms and conditions of the Contract that are not expressly amended pursuant to this
amendment shall remain in full force and effect.
5.
AJJ turn§ in this amcpdment that are capitalized but not defined shall have the meanings
assigned to them in the Contract
IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract
amendment on this • day of , 2012.
CITY OF FORT WORTH
by •
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. Wallach
Assistant City Attorney
ATTEST.- D BY:
,LIL n
ark J. Kayser
City Secretary
AR'iis'i S
FRANCF S B A PET .FY T. T
by:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
•1II111•••I• III
FIRST AMENDMENT TO CITY OF FORT WORTH CONTRACT #45242
NO M&C REQUIRED
ge 3 of 3
Funds previously paid to the Artists prior to this amendment shall apply toward the total
compensation.
All terms and conditions of the Contract that are not expressly amended pursuant to
amendment shall remain in full force and effect.
All terms in this amendment that are capitalized but not defined_ shall have the meaniti
a to them in the Contract
IN W1'1itESS WHEREOF, the parties hereto have executed four copies of this contract
amendment on this _ ( day of ,e , 2012.
CITY OF FORT WOK'
by:
Pernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY'
ARTISTS
FRANCES BAGi<EY, L.L.C.
by:
i
Fran cs Stevens Bagiey
caging Member
TOM ORR, l...L.C.
_ tA
Tyler . Wallach
Assist tnt City Attorney
ATTESTED BY'
Mary 5. Kayser
City Secretary
Thoma
Manag
FIRST AMENDMENT TO CITY OF FORT WORTH CCIN'ER ACT "4S24
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