HomeMy WebLinkAboutContract 47012-A1 CITY SECRETAW
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!i` OF FORT WORTH FIRST AMENDMENT TO
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FORT WORTH CITY SECRETARY CONTRACT NO. 47012
This Amendment is made between the City of Fort Worth ("FORT WORTH"), a municipal
corporation, acting herein by and through Fernando Costa, its duly authorized Assistant City
Manager and Ken Bernstein Art Studio, Inc., acting by and through Ken Bernstein, its duly
authorized President ("the "Artist").
WHEREAS, FORT WORTH and Artist entered into an Agreement identified as Fort
Worth City Secretary Contract No. 47012 ("Agreement") to fabricate, deliver and install artwork
for the East First Street Bridge;
WHEREAS, fabrication of the Work is complete and ready to be installed by Artist, and
a schedule of installation has been coordinated with City and the Project Consultant;
WHEREAS, the electrical wiring for the lighting portion of the Work will be done by
City's Contractor, and is currently scheduled to occur at a date after installation of the sculptures;
WHEREAS, delaying the schedule for installation of sculptures will cause additional
costs including traffic control and storage, which City wishes to avoid;
WHEREAS, it is the collective desire of both FORT WORTH and Artist to amend the
Agreement to allow for installation and ownership of the Work to happen in two phases, and to
adjust the payment schedule.
NOW THEREFORE,KNOWN ALL BY THESE PRESENT:
Fort Worth City Secretary Contract No. 47012 is hereby amended to be effective on this the
day of April, 2016, by:
1. Amending the Agreement to allow installation and ownership of Work as follows:
Artist shall install sculptures at Site in accordance with the terms of the Agreement. Once
sculptures are installed, Artist shall notify City and Contract Manager, in writing. City will
confirm that sculptures are in the exclusive custody, control and supervision of the City and risk
of loss or damage to the sculptural portion of Work shall then be borne by City.
Once the City's Contractor has completed necessary electrical work, Artist shall install lighting
portion of Work. Artist shall notify City and Contract Manager again, in writing, to confirm
when all services for entirety of fabrication, delivery, and installation of the Work have been
completed, including lighting. Included in such notice from Artist shall be an affidavit, attached
to Agreement as Exhibit "D," certifying that all bills relating to services or supplies used in the
performance of Agreement have been paid. City shall notify Artist in writing of its Final
Acceptance of the Work as outlined in Agreement.
First Amendment to Fort Worth City Secretary Contract No.47012 Execution�Co Elml#4 C —
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2. Replacing Sections 3.1 and 3.2 of Article Three (3) of the Agreement to read as
follows:
3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount not to exceed ONE
HUNDRED NINETY THOUSAND, TWO HUNDRED SIXTY-THREE DOLLARS AND NO
CENTS ($190,263.00),which shall constitute full compensation for all services to be performed
and materials to be furnished by Artist under this Agreement, including, but not limited to,
fabrication, transportation, installation, Artist's fee, insurance, incidental costs, 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. SEVENTY THOUSAND, THREE HUNDRED SIXTY-FIVE DOLLARS AND NO
CENTS ($70,365.00) upon execution of this Agreement.
b. FIFTY-FIVE THOUSAND, FOUR HUNDRED SEVENTY-FOUR DOLLARS AND
NO CENTS ($55,474.00)upon Contract Manager's verification of 50%fabrication.
C. TWENTY-SEVEN THOUSAND, FIVE HUNDRED NINETY-TWO DOLLARS AND
NO CENTS ($27,592.00) upon Contract Manager's verification that the Work is ready to
install.
d. FIFTEEN THOUSAND, FIVE HUNDRED NINETY-ONE DOLLARS AND NO
CENTS ($15,591.00) upon Contract Manager's verification that the sculpture portion of
the Work has been installed.
e. TWO THOUSAND, DOLLARS AND NO CENTS ($2,000.00) upon Contract
Manager's verification that the lighting portion of the Work has been installed.
f. SEVEN THOUSAND, FIVE HUNDRED NINETY-ONE DOLLARS AND NO CENTS
($7,591.00) within thirty (30) days after Final Acceptance and receipt by City of such
documentation it may require concerning payment of services and supplies rendered to
Artist.
g. City may pay Artist up to ELEVEN THOUSAND, SIX HUNDRED FIFTY DOLLARS
AND NO CENTS ($11,650.00) for engineering and professional lighting consultant 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 for such services attached thereto.
h. Notwithstanding the foregoing, the total compensation does not include payment for any
unforeseen changes in fabrication or installation costs. City shall pay to the Artist
contingency funds in an amount up to TWENTY-TWO THOUSAND, FIVE HUNDRED
THIRTY-SIX DOLLARS AND NO CENTS ($22,536.00) for costs associated with the
Work that are incurred by the Artist upon (i) receipt of supporting documentation by the
Contract Manager from the Artist and (ii) approval by the Contract Manager of the
additional costs.
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All. other terms, provisions, conditions, covenants and recitals of said Agreement not expressly
amended herein shall remain in full force and effect. Should there be any conflicts in term and
conditions in the Agreement and this Amendment, the terms and conditions of this Amendment
shall control.
ACCEPTED AND AGREED:
CITY OF FORT WORTH KEN BERNSTEIN ART STUDI , INC.
By: L By.
Fernando Costa Ken Bernstein
Assistant City Manager President
Date: //6 Date:
APPROVED AS TO FORM AND LEGALITY:
1
By:
Jessica Sangsva g`�
Assistant City -ttorney
ATTEST:
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By: $ o$
Mary J. Ka s T1
City Secretary
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Contract Authorization:
M&C:
Date Approved:
OFRECORD
CITY SECRETARY
FTS WORTM,TX
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