HomeMy WebLinkAboutContract 47368-A1 CITY SECRETARY.
CONTRACT NO.
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 47368
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND GRAPHIC CONTENT, INC. FOR FINAL DESIGN AND COMMISSION
OF PUBLIC ART FOR VICTORY FOREST COMMUNITY CENTER
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 47368 ("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 Graphic Content, Inc., a Texas corporation acting by and through its duly
authorized President, Arturo Garcia. 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 December 24, 2015, the City and Artist made and entered into City
Secretary Contract No. 47368, an agreement for Final Design and Commission of Public Art
("Agreement");
WHEREAS, in the course of enlisting a fabricator for the Work, Artist determined the need
to adjust the payment schedule to fulfill the requirements set forth in the Agreement; and
WHEREAS, it is the desire of City to amend the payment schedule to allow Artist the
necessary cash flow to proceed with the fabrication and installation of the Work;
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.
The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment
Schedule" to amend the payment installment schedule to change the cash flow without altering the
total contract amount of$62,360.00. Article 3.2 (Payment Schedule) is replaced in its entirety to be
and read as follows:
OFRECOR"
CITY SECRETARY
Jr
WORTH,TX
Amendment 1,Contract Number 47368,Agreement with with Graphic Content,Inc.for Final Design and Commission
of Public Artwork for Victory Forest Community Center Execution Copy 9/1/16
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"3.2. Payment Schedule.
City agrees to pay Artists 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. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) upon execution of this
Agreement.
b. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) within 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.
c. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon the Contract Manager's
verification that fabrication of the sculpture is 50%complete.
d. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon the Contract Manager's
verification that fabrication of the sculpture is 100%complete and ready to install.
e. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon the Contract Manager's
verification that the Work is installed on the site.
f. TWO THOUSAND, SIX HUNDRED SIXTY DOLLARS AND NO CENTS ($2,660.00) 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[see Article 2.9].
g. City may pay Artist contingency funds in an amount up to SIX THOUSAND SEVEN
HUNDRED DOLLARS AND NO CENTS ($6,700.00)for costs associated with the Work
that are incurred by the Artist due to unforeseen changes in fabrication or installation
costs, including an administrative fee of fifteen percent (15%). 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."
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.
Amendment 1,Contract Number 47368,Agreement with with Graphic Content,Inc.for Final Design and Commission
of Public Artwork for Victory Forest Community Center Execution Copy 9/1/16
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IN WITNESS WREREOWay
arties he to have executed four copies of this First Amendment
in Fort Worth, Texas, this of , 2016.
CITU Oh hORT 1VOlIT1-1 GRAPHIC CONT NT, INC.
by: �� by: —__
Fernando Costa Arturo Garcia
Assistant City Manager President
Date: ZZA/1 Date: 11-29-16
APPRO D AS TO FORM AND LEGALITY:
'//�A n//"
Jessica 5Agsvang
Assistant ity Attorney II
Form 1295: Not Required
FOr
ATTESTED BY: �QFm000--
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a y J.'Ka r
City Secretary - °,G�p o�oCP&P
M&C— No N1&C Required
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Amendment I,Contract Number 47368,Agreement with with Graphic Content, Inc. for Final Design and Commission
of Public Artwork for Victory Forest Community Center Execution Copy 9/1/16
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