HomeMy WebLinkAboutContract 49148-A1 i
CITY SECRETARY
CONTRACT No. q 114 A i
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 49148
AGREEMENT BETWEEN THE CITY OF FORT WORTH
JOHN A. YANCEY FOR FINAL DESIGN OF PUBLIC ART
FOR EAST ROSEDALE STREET (Miller- Stalcup)
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 49148 (`First
Amendment") is made and entered into by and between the City of Fort Worth (`City"), a home-rule
municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City
Manager, and John A. Yancey, an individual residing at 1 179 Poquito Street, Austin, Texas 78702-
2226. 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 June 13, 2017, the City and Artist made and entered into City Secretary
Contract No. 49148, an agreement for Final Design of Public Art (`Agreement");
WHEREAS, in the course of developing the Final Design Deliverables, City requested Artist
test the material and fabrication methods proposed in Final Design; and
WHEREAS, it is the desire of City to amend the scope and payment schedule to add an
amount to allow Artist to complete a material and fabrication test;
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 2 of the Agreement titled "Scope of Services and
Deliverables" to add a test of materials and fabrication methods. Article 2.2 (Scope of Services) is
amended to add the following subsection:
"i. Artist shall complete a materials and fabrication test wherein he shall fabricate a section of
the proposed Final Design using the materials and fabrication method proposed in the Final Design
Deliverables(see 2.4.b.). The completed materials and fabrication test will ultimately be incorporated
into the finished Work in the commission phase, should a commission contract be executed."
II.
The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment
Schedule" to designate an amount of $7,200.00 for all costs related to the materials and fabrication
test, which raises the total Agreement amount to $21,672.61.
(a) Article 3.1 (Compensation) is deleted in its entirety and replaced win
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"Total compensation to Artist under the Agreement shall not exceed TWENTY-ONE THOUSAND,
SIX HUNDRED SEVENTY-TWO DOLLARS AND SIXTY-ONE CENTS ($21,672.61), which
shall constitute full compensation for any and all costs associated with this Agreement,including,but
not limited to,travel expenses,engineering and consulting fees,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."
(b) Article 3.2 (Payment Schedule) is amended as follows:
(i) Subsection 3.2(d) beginning with "City may pay Artist up to..." is hereby
renumbered to be Subsection 3.2(f); and
(ii) Subsection 3.2(e) is inserted to read as follows:
"e. SEVEN THOUSAND, TWO HUNDRED DOLLARS AND NO CENTS ($7,200.00) for
all costs associated with the materials and fabrication test, including, but not limited to, supplies,
services performed, and materials furnished by Artist."
M.
Funds previously paid to Artist prior to this First Amendment shall apply toward the total
compensation paid to Artist.
IV.
All terms and conditions of the Agreement that are not expressly amended pursuant to this
First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF,the partieshave executed four copies of this First Amendment in
Fort Worth, Texas,thisAqAjl�y of 2018.
CITY FOR WORTH JOHN A.YANCE
by:
Jesus J. apa
Assistant anrer
Date: q Date: �o
OFFICIAL RECORD
Amendment 1,Contract Number 49148,Agreement with John Yancey For Final Design fPii6licAEr SAWo e
Street FT.WORTH,TX
Execution Co 6/26/18 2 of 3
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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 eporting requirements.
Name: Alt a Labbe
Title: Public Art Project Manager
APPROVED AS TO FORM AND LEGALITY:
i;
Jessi angsv ng
Senior Assistant City Attorney
Form 1295: Not required
ATTESTED BY: N F� �i
Mary J. ,
City Secretary
Xi
M&C —No M&C Required' �.,.
OFFICIAL RECORD
CITY SECRETARY
F1;WORTH `rX
Amendment 1,Contract Number 49148, Agreement with John Yancey For Final Design of Public Art for East Rosedale
Street
Execution Copy 6/26/18 3 of 3