HomeMy WebLinkAboutContract 55710-A1 CITY SECRETARY
coin-RACT NO. 55-110 "��
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 55710
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
DIXIE FRIEND GAY FOR FINAL DESIGN AND COMMISSION OF
PUBLIC ART FOR NORTH Z BOAZ PARK
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 55710 ("First
Amendment") is made and entered into by and between the City of Foil Worth, a home-rule municipal
corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City
Manager,and Dixie Friend Gay,an individual,located at 1901 West 14th Street,Houston,TX 77008. 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 May 7, 2021, the City entered into a contract with Artist for Final Design and
Commission of the Work for the Rockwood Clubhouse (Fort Worth City Secretary Contract No. 55710;
"Agreement");
WHEREAS, the Fort Worth Art Commission (FWAC) approved the Artist's Final Design for One
With the Bee on October 18,2021, moving the Artist into the fabrication phase;
WHEREAS, during Revised Preliminary Design it was determined that more funds were needed for
engineering during Final Design, and Project Manager and Artist agreed that $6,000.00 of the $21,070.00 in
funds set aside as contingency during the design phase shall be made available for implementation, resulting
in a new contingency of$15,070.00;
WHEREAS,the original Artist's Fee for the project was calculated on an amount that did not include
the contingency and the contract states that the upon utilizing contingency artist shall add an administrative
fee of 15%;therefore,an additional$900.00 in Artist's Fee is being added to this contract phase and subtracted
from the contingency for a revised total Artist's Fee in this agreement of$7,650.00 and a revised contingency
of$14,170.00;
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:
1.
Article 4, "Compensation and Payment Schedule," subsections 4.1, "Compensation," and 4.2,
"Payment Schedule,"are hereby amended and replaced in their entirety with the following:
4.1. Compensation.
Total compensation to Artist under the Agreement shall be in the amount of TWO HUNDRED TWO
THOUSAND, THREE HUNDRED TWELVE DOLLARS AND NO CENTS ($202 312 OO), which shall
OFFICIAL RECORD
CITY SECRETARY
FT. WORIrH, TX
constitute full compensation for any and all costs associated with this Agreement, including, but not limited
to, engineering and consulting fees, a remaining Artist's fee of$7,650.00, insurance, storage costs, all travel
expenses and services performed and materials furnished by Artist under this Agreement, and a contingency
of $14,170.00. Artist and City may amend this Agreement to allow for additional payment if additional
services are required.
4.2. Pavment 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:
1) THREE THOUSAND DOLLARS AND NO CENTS ($3 000 00) upon execution of this
Agreement.
2) FIVE THOUSAND DOLLARS AND NO CENTS ($5 000 00) within thirty (30) days after
Artist submits the Final Design Deliverables, as required in Article 3.1. of this Agreement,
and makes a presentation of the Final Design to the FWAC and Project Core Team.
3) TWENTY THOUSAND DOLLARS AND NO CENTS ($20 000 00)within thirty(30) days
after Final Design is approved by the FWAC.
4) TWENTY THOUSAND DOLLARS AND NO CENTS ($20 000 OO)_upon the Contract
Manager's verification that the steel has been purchased.
5) THIRTY THOUSAND NINE HUNDRED DOLLARS AND NO CENTS($30 900 00)upon
the Contract Manager's verification that fabrication of the Work is 25%complete.
6) THIRTY THOUSAND DOLLARS AND NO CENTS ($30 000 00) upon the Contract
Manager's verification that fabrication of the Work is 50%complete.
7) FORTY THOUSAND DOLLARS AND NO CENTS ($40 000 00) upon the Contract
Manager's verification that the Work is complete and ready to install.
8) EIGHTEEN THOUSAND DOLLARS AND NO CENTS ($18 000 00) upon the Contract
Manager's verification that installation of the Work is complete.
9) TEN THOUSAND, FOUR HUNDRED FORTY-TWO DOLLARS AND NO CENTS
($10,442.00)within thirty-five(35)calendar days after Final Acceptance and receipt by City
of such documentation it may require concerning payment of supplies and services rendered
to Artist.
10) City may pay Artist contingency funds in an amount up to FOURTEEN THOUSAND, ONE
HUNDRED SEVENTY DOLLARS AND NO CENTS ($14,170.00)for costs associated with
the Work that are incurred by the Artist due to unforeseen changes in fabrication or installation
costs. These contingency funds will include an artist administrative fee of fifteen percent
(15%) of the total amount of contingency funds applied for by Artist. 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.
11) City will provide an allowance of up to NINE THOUSAND DOLLARS AND NO CENTS
($9,000.OQI for engineering and consulting. Such payment shall be made upon receipt of an
invoice from Artist with the original invoice(a retainer fee of up to 50%is allowed)for such
services attached.
12) City will provide a travel allowance of$600.00 per roundtrip to Fort Worth,Texas,for a
total amount up to ONE THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS
1 800.00 for travel costs for up to three trips,should the artist be approved by Project
Manager to participate in-person during design,installation and dedication. This stipend is
provided in accordance with GSA Per Diem Guidelines and shall cover all travel expenses.
II.
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.
IV.
This Amendment may be executed in multiple counterparts,each of which shall be an original and all
of which shall constitute one and the same instrument.A facsimile copy or computer image, such as a PDF or
tiff image,or a signature,shall be treated as and shall have the same effect as an original.
(Signature Page Folloii)s)
IN WITNESS WHEREOF,the parties hereto have executed four copies of this First Amendment in Fort
Worth,Texas,this 144k day of N we4we ,2021.
CITY OF FORT WORTH ARTIST
by: �Gy�a�d.L.•� T� 'P .l4z di
Fernando Costa Dixie Friend Gay
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.
Name: Anne Allen
Title: Public Art Project Manager
APPROVED AS TO FORM
AND L GALITY:
UA
Jess' Williams
Ass i ant City Attorney
ATTESTED BY: ��b�..........�,•`��G� '
Ronald Gonzales
Acting City Secretary `
t� .i
Contract Authorization:
Form 1295: 2021-716956
M&C#: 21-0231
DATE: April 6,2021
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX