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Home My WebLink AboutContract 49465-A1 CITY CONTRACT N0.SECRETARY 45"k FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 49465 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JIM HIRSCHFIELD AND SONYA ISHII,LLC FOR FINAL DESIGN AND COMMISSION OF PUBLIC ART FOR EAST ROSEDALE ROUNDABOUT (HWY 287-MILLER) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.49465("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,Jim Hirschfield and Sonya Ishii, LLC, a North Carolina limited liability company, located at 312 Ridgecrest Drive, Chapel Hill,North Carolina,27514,acting by and through its duly authorized Member,James N.Hirschfield.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, due to unanticipated cost increases in materials, fabrication and installation it is recommended that a portion of the contingency funds originally set aside in this Agreement be utilized for implementation, effectively reducing the contingency to $3,428.00, to allow the Work to be built per the approved Final Design and avoid spending additional funds on redesign; WHEREAS,due to these unanticipated cost increases,Artist has also agreed to take a reduced Artist's fee rather than the Artist's fee of$22,956.00 called out in the Agreement; and WHEREAS,it is the desire of the City and the Artist that any unspent contingency funds remaining at the conclusion of the project,up to$3,428.00,shall be paid to Artist as an Artist's fee; 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," is hereby amended to remove the Artist Fee and to reduce the contingency. Section 4 is replaced in its entirety to read as follows: "ARTICLE 4 COMPENSATION AND PAYMENT SCHEDULE 4.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount of ONE HUNDRED SIXTY FOUR THOUSAND, SIX HUNDRED AND EIGHTY FIVE DOLLARS AND NO CENTS ($164,685.00), which shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, engineering and consulting fees, insurance, storage costs, all travel expenses—and OFFICIAL RECORD CITY SECRETARY �i el�dment#1 to City Secretary Contract 49465 Agreement with James N.Hirschfield for Final Design FT.WORTH,TX nod Commission of Public Artwork for East Rosedale Roundabout at Mitchell Blvd. Execution Copy 5/15/18 1 of 4 performed and materials furnished by Artist under this Agreement, and a contingency of$3,428.00. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 4.2. Payment Schedule. a. 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: (1) FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) upon execution of this Agreement. (2) City will pay Artist TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) for engineering fees to fulfill the terms of this Agreement. Such payment shall be made after Artist submits stamped engineering drawings to Contract Manager. (3) FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) within thirty (30) days after Artist submits the Final Design Deliverables, as required in Article 3.1.of this Agreement, and the Final Design is approved by the FWAC. (4) THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) upon the Contract Manager's verification that fabrication of the Work is 25% complete. (5) THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) upon the Contract Manager's verification that fabrication of the Work is 50%complete. (6) FORTY THREE THOUSAND DOLLARS AND NO CENTS ($43,000.00) upon the Contract Manager's verification that the Work is complete and ready to install. (7) TWENTY SIX THOUSAND DOLLARS AND NO CENTS ($26,000.00)upon the Contract Manager's verification that installation of the Work is complete. (8) TEN THOUSAND, SIX HUNDRED TWENTY EIGHT DOLLARS AND NO CENTS ($10,628.00)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. (9) The total compensation includes payment for any unforeseen changes in engineering costs,materials,fabrication,transportation or installation costs and for an Artist's fee. City shall pay to the Artist contingency funds in an amount up to THREE THOUSAND, FOUR HUNDRED TWENTY EIGHT DOLLARS AND NO CENTS ($3,428.00) for an Artist's fee and for unforeseen 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." Amendment#Ito City Secretary Contract 49465 Agreement with James N.Hirschfield for Final Design and Commission of Public Artwork for East Rosedale Roundabout at Mitchell Blvd, Execution Copy 5/15/18 2 of 4 II Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation paid to the Artist. III. In Article 11, "Miscellaneous," is hereby amended to add a legal requirement effective September 1,2017 and section 11.18 is added to read as follows: "11.18. Israel. Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Artist certifies that Artist's signature provides written verification to the City that Artist: (1) does not boycott Israel;and (2) will not boycott Israel during the term of the Agreement." 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 WH7---day ,the parties hereto have executed four copies of this First Amendment in Fort Worth, Texas,this of 0C-jo 6'ex— 2018. CITY OF FORT WORTH ARTIST e by Jesus J. Chapa Jim Hirschfield and Sonya Ishii, LLC Assistant City Manager Q James N. Hirschfield, Member Date: ��'' ( ��tJ Date: May 15 2018 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Amendment#I to City Secretary Contract 49465 Agreement with James N.Hirschfield for Final Design and Commission of Public Artwork for East Rosedale Roundabout at Mitchell Blvd, Execution Copy 5/15/18 3 of 4 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 reporting requirements. A Allen Public Art Project Manager Arts Council of Fort Worth APPRO ED AS TO FORM AND LEG 'ITY: Jessica S svang Assistan City Attorney Form 1295:N/A ATT TED BY. ary J. 536f N U * _ City Secretary M&C: C-28148, March 21, 201' xAS t L RECORDCRETARYRTH, TX Amendment#1 to City Secretary Contract 49465 Agreement with James N.Hirschfield for Final Design and Commission of Public Artwork for East Rosedale Roundabout at Mitchell Blvd. Execution Copy 5/15/18 4 of 4