HomeMy WebLinkAboutContract 51040-A1 CITY SECRETARY
CONTRACT NO.
C�
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 51040
o�`�O�GQ AGREEMENT BETWEEN THE CITY OF FORT WORTH
S AND CHRISTOPHER FENNELL,LLC,FOR FINAL DESIGN AND COMMISSION
OF ARTWORK FOR THE NORTH BEACH CORRIDOR
This FIRST AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 51040 ("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 its duly authorized Assistant City Manager, and
Christopher Fennell LLC, a Limited Liability Corporation, located at 5104 Clairmont Avenue S.,
Birmingham,AL,35222,and acting by and through Christopher Fennell,its duly authorized Member. ity
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 July 24,2018,the City and Artist entered into City Secretary Contract No. 51040
(M&C C-28714), an agreement for commission of public art for the North Beach Street Corridor
("Agreement");
WHEREAS,a portion of the reprogrammed funding approved by Fort Worth City Council oni une
26, 2018(M&C G-19323)in the amount of$32,817.00 was appropriated to the project for the purpose of
adding funds for contingencies;
WHEREAS, additional unexpected civil engineering, surveying and other consultant work has
been necessary to locate underground water lines and coordinate with the City of Fort Worth Water
Department;
WHEREAS, in response to such additional work,it is the collective desire of both City and Artist
to amend the payment schedule to increase the total amount of the commission contract to $824,21 .00,
reflecting the additional 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:
OFFICIAL RECORD
CITY SECRETARY
FT WORTI�i TX
First Amendment to Fort Worth City Secretary Contract No. 51040
I.
The parties wish to amend Article 3 of the Agreement titled "Compensation and Payment
Schedule"to increase funding for a total contract amount of$824,215.00. 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 EIGHT HUNDRED
TWENTY-FOUR THOUSAND TWO HUNDRED FIFTEEN DOLLARS AND NO CENTS
($824,215.00), which shall constitute full compensation for any and all costs associated with this
Agreement, including, but not limited to, engineering and consulting fees, insurance, collection, storage
and transportation of found objects from the community, casting and fabrication, footing, transportation,
storage costs, all travel expenses, contingencies, and services performed and materials furnished by Artist
under this Agreement. Artist and City may amend this Agreement to allow for additional payment if
additional services are required.
3.2. Payment Schedule.
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:
a. FINAL DESIGN
(1) SEVEN THOUSAND, EIGHT HUNDRED NINETY-EIGHT DOLLARS AND
NO CENTS ($7,898.00) upon execution of this Agreement.
(2) TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS 2 500.00
within thirty (30)calendar days after Artist makes a presentation(s)of the Final Design to
the FWAC and Stakeholder group at a regularly scheduled FWAC meeting.
(3) FORTY-EIGHT THOUSAND DOLLARS AND NO CENTS($48,000.091within
thirty (30) days after Artist submits the Final Design Deliverables, as required in Article
2.4. of this Agreement, and the Final Design is approved by the FWAC. i
b. PHASE ONE FABRICATION AND INSTALLATION(Foundations for all sculptures,
full-scale test model of the sculpture, and sculptures 1 -3 as identified in the Schedule)
(1) FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) upon the
Contract Manager's verification that full-scale test model of the sculpture is 100%
complete.
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First Amendment to Fort Worth City Secretary Contract No. 51040
(2) SEVENTY-FIVE THOUSAND DOLLARS AND NO CENTS($75,000.00)upon
the first materials collection event held in Fort Worth.
(3) FIFTY-SIX THOUSAND, TWO HUNDRED FIFTY DOLLARS AND NO
CENTS($56,250.00)upon the Contract Manager's verification that fabrication of the: rst
phase of sculptures is 50%complete.
(4) TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00)u, on
the Contract Manager's verification that installation of all sculpture foundations are
installed on the Site.
(5) EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO
CENTS($18,750.00)upon the Contract Manager's verification that fabrication of the first
phase of sculptures is 100%complete and ready to install.
(6) FIFTEEN THOUSAND DOLLARS AND NO CENTS($15,000.00)within thirty-
five(35)calendar days after Acceptance of the first phase of installed sculptures and re ipt
by City of such documentation it may require concerning payment of supplies and sery ces
rendered to Artist.
C. PHASE TWO FABRICATION AND INSTALLATION (sculptures 4 -7 as identified
in the Schedule)
(1) ONE HUNDRED THOUSAND DOLLARS AND NO CENTS ($100,000��00)
upon the second materials collection event held in Fort Worth.
(2) SEVENTY-FIVE THOUSAND DOLLARS AND NO CENTS($75,000.00)upon
the Contract Manager's verification that fabrication of the second phase of sculptures is
50%complete.
(3) TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00) upon
the Contract Manager's verification that fabrication of the second phase of sculptures is
100%complete and ready to install.
(4) FIFTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
($15,500.00)within thirty-five(35)calendar days after Acceptance of the second phase of
installed sculptures and receipt by City of such documentation it may require concerning
payment of supplies and services rendered to Artist.
d. PHASE THREE FABRICATION AND INSTALLATION (sculptures 8-12 as
identified in the Schedule)
(1) ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS
($125,000.00) upon the Contract Manager's verification that materials for the phase t ree
sculptures have been acquired..
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First Amendment to Fort Worth City Secretary Contract No. 51040
(2) NINETY-THREE THOUSAND, SEVEN HUNDRED FIFTY DOLLARS AND
NO CENTS ($93,750.00)upon the Contract Manager's verification that fabrication of the
third phase of sculptures is 50% complete.
(3) THIRTY-ONE THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO
CENTS($31,250.00)upon the Contract Manager's verification that fabrication of the third
phase of sculptures is 100%complete and ready to install.
(4) FIFTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
($15,500.00) 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.
e. CONTINGENCY
(1) City may pay Artist up to FORTY-FOUR THOUSAND EIGHT HUNDRED
SEVENTEEN DOLLARS AND NO CENTS ($44,817.00) for the following: (1)
Engineering and consulting fees, in order to fulfill the terms of this Agreement. Such
payment shall be made upon receipt of an invoice from Artist with the original invoice. A
retainer fee of up to fifty percent(50%) is allowed for such services attached thereto; (2)
Costs that are incurred by Artist due to changes in scope of work and/or additional travel
over and above the trips included in the Final Design phase of this Agreement; and (3)
Unanticipated costs associated with the fabrication and/or installation of the Work; (4)
Such payments 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.
Artist's travel during the fabrication and installation of the Work shall not be paid om
contingency because Artist is including all travel costs within the budget."
II.
Funds previously paid to Artist prior to this First Amendment shall apply towards the lotal
compensation paid to Artist.
III.
All other terms, provisions, conditions, covenants and recitals of said Agreement not expreissly
amended herein shall remain in full force and effect.
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First Amendment to Fort Worth City Secretary Contract No. 51040
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in Fort Worth,
Tarrant County,Texas,this 23rd day of November ,2021.
CITY OF FORTWORTH ARTIST
By: ,T�.,�.....l.c ..,�----- Ch'YIJtophe'Y-fyyleu
Fernando Costa Christopher Fennell,Member
Assistant City Manager Christopher Fennell, LLC
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.
�4�
Alida Labbe
Public Art Project and Capital Budget Manager
APPROVED AS11 TO FORM AND LEGALITY:
W.
By:
Jessik illiams
Assistant City Attorney
ATTEST:
By:
g City Secretary V i
Jan tie C�cx�dctl�
Contract Authorization:
Form 1295: 2018-332314
M&C: C-28714
Date: 6/05/2018
OFFICIAL REC01 ID
CITY SECRETAF Y
First Amendment to Fort Worth City Secretary Contract No. 51040 FT. WORTH,Ti