HomeMy WebLinkAboutContract 48474-A1 a.
CITY SECRETARY' t,i
O CONTRACT NO.
tGC�lT AMENDMENT TO CITY SECRETARY CONTRACT NO. 48474
AGREEMENT BETWEEN THE CITY OF FORT WORTH
e4io NITO HUERTA LOZANO FOR SOUTH MAIN URBAN VILLAGE
/0�6 8 L 9 5 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 48474 ("First
mendment")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 Benito Huerta Lozano, an individual, residing at 1128 West Park Row Drive, Arlington, Texas.
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 15,2016,the City and Artist made and entered into City Secretary
Contract No. 48474, an agreement for Commission of Public Art("Agreement");
WHEREAS, in the course of fabricating the artwork, fabricators will require Artist to pay
material costs upfront, which causes a need to adjust the payment schedule in order 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 of the artwork;
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 without altering the total contract amount of
$144,356.00. Article 3.2 (Payment Schedule) is replaced in its entirety to be and read as follows:
"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. NINETEEN THOUSAND, SIX HUNDRED EIGHTY-FIVE DOLLARS AND NO CENTS
($19,685.00) upon execution of this Agreement.
Amendment 1,Contract Number 48474,Agreement for mmissio f f&a rk with Benito Huerta Lozano for
South Main Urban Village 0FFisdk .""" Execution Copy 7/14/17
CITY SECRETARY 1 of 3
FT.WORTH,TX
b. SEVENTY-THREE THOUSAND, FOUR HUNDRED TWENTY-FIVE DOLLARS AND t .
4
NO CENTS ($73,425.00) upon Contract Manager's verification that first artwork cone
component is complete.
C. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon Contract Manager's
verification of 50%fabrication.
d. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon Contract
Manager's verification that the Work is ready to install.
e. NINE THOUSAND, DOLLARS AND NO CENTS ($9,000.00) upon Contract Manager's
verification that the Work is installed.
f. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) 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 shall not be tendered prior to the expiration of thirty (30) days after Final
Acceptance.
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 EIGHT THOUSAND,TWO HUNDRED FORTY-SIX DOLLARS AND NO CENTS
($8,246.00) 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."
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 48474,Agreement for Commission of Public Artwork with Benito Huerta Lozano for
South Main Urban Village Execution Copy 7/14/17
2 of 3
IN WITNESS WHEREparties heretq have executed four copies of this First Amendment in
Fort Worth, Texas, this ay of . 2017.
CITY OF FORT WORTH ARTISTS
by
Fernando Costa Benito Huerta o
Assistant Cit Manager
Date: I8 I __ Date: J
Contract Compliance Manager
By signing, 1 acknowledge that I am the person responsible
eq
mo 'torin and istration of this contract, including
d reporting requirements.
6
Na : Ali La e
.l'itle: Public An Project Manager
APPR 'D AS TO FORM AND LEGALITY:
Jessica ngsvang
Assists t ity Attorney
Form 1295: not required
ATTESTED BY•,- oRT�2
U•' C)
a J. K e
it
Secretary
M&C—No M&C Required
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Amendment 1,Contract Number 48474,Agreement for Commi%sion of Public Artwork with Benito Hucrta Lozano for
South Main Urban Village Execution Copy 7/14/17
3 of 3