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HomeMy WebLinkAboutContract 56253-A1FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 56253 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND LYNNE BOWMAN CRA YENS FOR COMMISSION OF PUBLIC ART FOR THE MUNICIPAL VEHICLE MAINTENANCE FACILITY AT SOUTH HOLLY WATER TREATMENT PLANT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 56253 is entered into this ~ day of ill QUA'"' , 202{.by and between the City of Fort Worth , a home-rule municipal corporation of the State of~exas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Lynne Bowman Cravens, an individual, located at 980 Holli Spring Lane D , Colorado Springs, CO 80907. 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, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth residents , to commemorate the City 's rich cultural and ethnic diversity , to integrate the design work of artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the artistic design of public spaces ; WHEREAS, this Project was included in the Public Art Plan for th e 2014 Bond Program , adopted by the Fort Worth City Council on October 21 , 2014 as M&C G-18339 and the project was included in the Fort Worth Public Art Fiscal Year 2021 A111111al Work Plan, adopted by the Fort Worth City Council September 22, 2020 as M&C 20-0678; WHEREAS , on August 23 , 2021 , the City entered into a Commission contract with Artist to fabricate , deliver and install the Work at the Site (Fort Worth City Secretary Contract No. 56253) based on the approved Final Design ; WHEREAS, prior to installation the Artist was a resident of Fort Worth, Texas, so travel was not included in her contract , and immediately after installation Artist moved to Colorado for work, and City desired to compensate Artist for travel back to Fort Worth for artwork dedication and utilize funds from the contingency for this purpose ; WHEREAS, the Final Design Contract (Contract #52586) set aside $20,000.00 in contingency, and due to cost increases due to the pandemic and with the approval of the Contract Manager that contingency decreased to $9 ,236 .00 in the Commission Contract to free up more funds for fabrication, transportation and installation ; and as Artist 's Fee did not include the contingency when it was calculated, City desires to compensate the Artist with an additional Artist 's Fee of ($1 ,614 .60) equal to 15% on the $10,764.00 in contingency funds that were directed to implementation; WHEREAS, this Agreement will be amended to reflect the Artist's new Colorado address. Execution Copy. Amendment I , CSO 56253. Agreement for Commi ss ion of Public Artwork with Lynne Bowman Cravens for Munic ipal Vehicle Maintenance .Facility CSO REC 'D iOi/J h '?:c{ oM 1 0: fi'] OFFICIA L RECORD CITY SECRETARY FT. WORTH, TX I n r 4 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. Article 3, "Compensation and Payment Schedule," subsections 3.1, "Compensation,'' and 3 .2, ''Payment Schedule," are hereby deleted and amended in their entirety to increase the artist's fee and allow for contingency usage to include travel and will read as foJlows : 3 .1. Compensation . Total compensation to Artist under the Agreement shall be in an amount up to ONE HUNDRED SEVENTY THOUSAND, ONE HUNDRED EIGHTY-SEVEN DOLLARS AND NO CENTS ($170,187.00). which shall constitute full compensation for all services to be perfonned and materials to be furnished by Artist under this Agreement, including, but not limited to , mock-ups, fabrication , transportation , installation , remaining Artist's fee of $13 ,313.00, insurance, incidental costs, an allowance/contingency of $7,621.40, all travel expenses , and any other costs associated with the Work. The Parties 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 . FIFfY THOUSAND DOLLARS AND NO CENTS ($50,000.00) upon execution of this Agreement to enable Artist to purchase materials for fabrication . b. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon submittal and acceptance C. d. e . f . of completed Shop Drawings necessary for fabrication. TlliRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) upon Contract Manager's verification of 50% fabrication . TWENTY-EIGHT THOUSAND DOLLARS AND NO CENTS ($28,000.00) upon Contract Manager's verification that the Work is 100% fabricated and ready to install. NINETEEN THOUSAND DOLLARS AND NO CENTS ($19,000.00) upon Contract Manager's verification that the Work is installed. THIRTEEN THOUSAND, NINE HUNDRED FIFTY-ONE DOLLARS AND NO CENTS ($13,951.00) within thirty-five (35) 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 shaU not be tendered prior to the expiration of thirty (30) days after Final Acceptance. Execution Copy, Amendment I, CSO 56253 , Agreement for Commission of Public Amvork with Lynne Bowman Cravens for Municipal Vehicle Maintenance 'Facility 2 of4 g. An allowance ofup to SEVEN THOUSAND, SIX HUNDRED TWENTY ONE DOLLARS AND NO FORTY CENTS {$7,621.40) for costs associated with the Work that are incun-ed by the Artist due to unforeseen changes in materials, fabrication or installation costs, including an administrative fee of fifteen percent (15%). At1ist may request contingency funds for travel to participate in the artwork dedication as Artist moved out of state after artwork was instaUed, however, an artist administrative fee sbaUnot be paid on travel costs by City. Contingency 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 . Any unused contingency funds shall remain with the City. h. ONE THOUSAND SIX HUNDRED FOURTEEN DOLLARS AND SIXTY CENTS {$1,614.60) in additional Artist 's Fees, equal to 15% of$10,764.00 of the contingency utilized during fabrication; to be due upon execution of First Amendment. Il. Article 15, Notices, 2. ARTIST, is hereby deleted in its entirety and amended to capture the Artist's new address and will read as follows : 2 . ARTIST Lynne Bowman Cravens 980 Holli Spring Lane D . Colorado Springs , CO 80907 III. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation paid to the Artist. JV. All tem1s and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. V. This Amendment may be executed in multiple counterpa11s , each of which shall be an original and all of which shall constitute one and the same instrwnent. 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. (Sig11at11re Page Follows) Execution Copy. Amendment I. CSO 56253 , Agreement for Commission of Public Artwork with Lynne Bowman Cravens for Municipal Vehicle Maintenance Facility 3 of4 JN WITNESS WHEREOF, the parties hereto have executed four copies of this First Amendment in Fort Worth , Texas this S/i... day of ..::r~!:1 , 202,r 3 CJTY ~~RTH by: ~L ~~~c Fernando Costa Assistant City Manager Lynne Bowman Cravens Artist CONTRACT COMPLIANCE MANAGER By signing J acknowledge that I am the person re spon sible for the monitoring and administration of this contract, includin g ensuring all performance and reporting requirements . APPROVED AS TO FORM Assistant City Attorney l ATTESTED BY: ~ ~ ~:rx:C60.0 ~ME, City Secretary E, ' Contract Autbori1.atlon: ' Form 1295: 2021-755928 M&C #: 21-0411 DA TE: 06/22/2021 Execulion Copy , Amendment I , CSO 56253, Ag,eenent for Comm iss ion of P\Jblic A.rtWOflc wilh Lynne Bowman Cravens for Municipal Vehicle Maintenance Facility OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4of4 FORT WORTH Routing and Transmittal Slip PLANNING AND DATA ANALYTICS -FWPA ------------ Depa rt men t TITLE: HOLLY WATER PUBLIC ART, LYNNE BOWMAN CRAVENS, 1sr AMENDMENT CSO #56253 M&C 21-0411 CPN cso # 56253 DOC# ------------ DATE: TO: INITIALS DATE OUT 1. Jessika Williams JJW 1/5/23 2 . Fernando Costa ~ 1/s-/202.3 3. Janette Goodall 4 . 5 . 6. DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip , David will review and take the next steps. NEEDS TO BE NOTARIZED: □ Yes X No RUSH: D Yes X No SAME DAY: □ Yes No NEXT DAY:□ Yes □ No ROUTING TO CSO: X Yes D No Action Required: □ As Requested □ Attach Signature, Initial and Notary Tabs □ For Your Information X Signature/Routing and or Recording □ Comment □ File Return to: Please call Anne Allen at 817-298-3028 or at 817-637-7388 (aallen@artsfortworth.org) fo rm:i~t,en completed. Thank you . . r,"lt .. u:: '2~ t'."1r,•~2 ...,..,. !lit~ U l!....,p Mf'1-.\..~ '....J