HomeMy WebLinkAboutContract 51041-A1 0
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CITY
ACT NO. 5(D41-Atl
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 51041
pF�OpOA AGREEMENT BETWEEN THE CITY OF FORT WORTH
cG��ys� AND LETICIA HUERTA STUDIO,L.L.C.FOR COMMISSION
OF PUBLIC ART FOR BRENNAN AVENUE BRIDGE
This Agreement is entered into this Znay of J_aL"_ t 2019,("First Amendment Effective
Date")by and between the City of Fort Worth,a home-rule municipal corporation of the State of Texas,acting
by and through Jesus J.Chapa,its duly authorized Assistant City Manager,and LETICIA HUERTA STUDIO,
L.L.C., a Texas Limited Liability Company, located at 9630 Requa Road, Helotes,TX, 78023 and acting by
and through Leticia Huerta, its duly authorized President.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,as part of the Lower Lebow Channel Watershed Project,the City is replacing the existing
bridge on Brennan Avenue in Trail Drivers Park with a new box culvert bridge("Brennan Avenue Bridge");
WHEREAS, funding for the commission of the Brennan Avenue Bridge public art project has been
allocated from the 2004 Capital Improvement Program,Proposition 1,and the project was included in the Fort
Worth Public Art Fiscal Year 2018 Annual Work Plan, adopted by the Fort Worth City Council on October
17,2017,(M&C G-19139);
WHEREAS,On January 8,2018,the Fort Worth Art Commission("FWAC")approved artist's Final
Design(City Secretary Contract#42148) for an artwork, and on July 24,2018,the artist was placed under an
Artwork Commission Contract(City Secretary Contract# 51041)("Agreement");and
WHEREAS, the bas-relief form liner designs have been fabricated and delivered, per the above
Agreement, and the Artist has now determined that due to subcontractors' requirements, she needs to make
changes in the Payment Schedule in order to improve cash flow across the remainder of the project and ensure
timely delivery of the mosaic tile medallions,and City desires to accommodate this request;
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 allow the Artist to make
timely payments to the subcontractor for the purchase of materials, fabrication and installation of the mosaic
tile medallions.
A) Section 3.2 is deleted in its entirety and replaced to 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:
Amendment to CSO#51041,Agreement with Leticia Huerta Studio,LLC,for Commission
of Public Artwork for Brennan Avenue Bridge Execution Copy 1.22.19 1 of 3
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:
i. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) upon execution of this
Agreement.
ii. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00)upon the Contract Manager's
verification that form liner master is complete.
iii. TEN THOUSAND DOLLARS AND NO CENTS($10,000.00)upon the Contract Manager's
verification that fabrication of all form liners is complete and delivery to the Site/Contractor
has been made.
iv. TEN THOUSAND DOLLARS AND NO CENTS($10,000.00)upon the Contract Manager's
verification that the materials have been ordered for the mosaic medallions.
V. TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) upon the
Contract Manager's verification that fabrication of the mosaic medallions is 50%complete.
vi. TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) upon the
Contract Manager's verification that fabrication of the mosaic medallions is 100%complete.
vii. FIVE THOUSAND DOLLARS AND NO CENTS($5,000.00)upon the Contract Manager's
verification that installation of the medallions is complete.
viii. TWO THOUSAND ONE HUNDRED DOLLARS AND FIFTY SIX CENTS ($2,156.00)
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 2.7.].
ix. The total compensation includes payment for any unforeseen changes in engineering
costs, materials, fabrication, transportation or installation costs. City shall pay to the
Artist contingency funds in an amount up to TWO THOUSAND, SIX HUNDRED EIGHTY
SEVEN DOLLARS AND NO CENTS ($2,687.00) 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."
Il.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the total
compensation paid to the Artist.
Amendment to CSO#51041,Agreement with Leticia Huerta Studio,LLC,for Commission
of Public Artwork for Brennan Avenue Bridge Execution Copy 1.22.19 2 of 3
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,and any undefined terms in this First Amendment shall have
the meaning provided in the Agreement
IN WITNESS WHEREOF,the parties hereto have executed four copies of this First Amendment in Fort Worth,
Texas,to be effective on the First Amendment Effective Date.
CITY OF FORT WORTH ARTIST
Nftak signed by Ledda Huerta
DN:—L.W.Huen`4 o=Ledcla Hu.U Stodlo LLC--I-
by;by
�atc 220e,"90;2312a533:3a2-06'00•—D5
Jesus J.Chapa Leticia Huerta
Assistant City Manager LETICIA HUERTA STUDIO,L.L.C.
CONTRACT COMPLIANCE MANAGER
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensur' all performance Md deporting requirements.
Name:Anne Allen
Title:Public Art Project Manager
APPRO D AS TO FORM
AND LE T
Jessica San svan
Senior Assistant City Attorney
Form 1295: N/A r,r > "+ .•.
r - �
ATTESTED BY: f 1� ' C)
Mary Kayser V
City Secretary .)�XAS•
M&C#N/A .
OFFICIAL RECORD
CITY SECRETARY
ET WORTH,TX
Amendment to CSO#51041,Agreement with Leticia Huerta Studio,LLC,for Commission
of Public Artwork for Brennan Avenue Bridge Execution Copy 1.22.19 3 of 3