HomeMy WebLinkAboutContract 49465-A2 CITY SECRETARY
2019 rONTRACT NO. �
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SECOND 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 SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 49465 ("Second
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, the parties entered into City Secretary Contract Number 49465 ("Agreement"), which
was previously amended so that a portion of the contingency funds originally set aside in this Agreement could
be utilized for implementation, effectively reducing the contingency to $3,428.00 to allow the Work to be
built per the approved Final Design;
WHEREAS, Artist agreed to take a reduced Artist's fee rather than the Artist's fee of$22,956.00
called out in the Agreement;
WHEREAS, the Compensation and Payment Schedule contains an error that the City and Artist
desire to correct, in that the amount listed in 4.2.9 as contingency funds should be $3,057.00 not$3,428.00;
WHEREAS,after the First Amendment was executed, it was determined that additional funds in the
amount of$2,000.37 remain available in the project budget from a previous design process with the first artist;
WHEREAS, it is the desire of the City and the Artist that these funds be added to the above
contingency of$3,057.00 for a total contingency of$5,057.37;
WHEREAS, because Artist took a reduced Artist fee for this project, it is the desire of the City and
the Artist that any unspent contingency funds remaining at the conclusion of the project 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:
1.
Article 4,"Compensation and Payment Schedule,"is hereby amended to increase the contingency and
is replaced in its entirety to read as follows:
"ARTICLE 4
COMPENSATION AND PAYMENT SCHEDULE
OFFICIAL RECORD
Amendment#2 to City Secretary Contract 49465 Agreement with James N.Hirschfield for Final Design CITY SECRETARY
and Commission of Public Artwork for East Rosedale Roundabout at Mitchell Blvd. Execution Copy 7/26/19 FT '11AORN,TX
4.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount of ONE HUNDRED SIXTY SIX
THOUSAND, SIX HUNDRED AND EIGHTY FIVE DOLLARS AND THIRTY-SEVEN CENTS
($166,685.37),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
services performed and materials furnished by Artist under this Agreement, and a contingency of$5,057.37.
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.Lof 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 FIVE THOUSAND,
Amendment 42 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 7/26/19 2 of 4
FIFTY SEVEN DOLLARS AND THIRTY SEVEN CENTS ($5,057.37) for an Artist's fee
and for unforeseen costs associated with the Work that are incurred by the Artist upon
(i)Artist submitting supporting documentation or an invoice to the Contract Manager
and(ii) approval by the Contract Manager of the additional costs."
11
Funds previously paid to the Artist prior to this Second Amendment shall apply toward the total
compensation paid to the Artist.
II1.
Article 11.18, "Israel,"added in the First Amendment is hereby amended to read as follows:
"11.18. Israel.
If Artists are a company with ten (10) or more full-time employees and if this Agreement is for $100,000 or
more, Artists 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. If applicable under this Agreement and Artists are
considered a"company,"by signing this Agreement,Artists certifies that Artists'signatures provide written
verification to the City that Artists: (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 Second
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment in Fort Worth,Texas,
this 29th day of July, 2019.
CITY OF FORT WORTH ARTIST
n
by:
Dana Burghdoff V J' Hirschfield and Sony LC
Interim Assist 'nt City Manager James N. Hirschfield, M tuber
Date: � Date:
OFFMAL RECORD
Amendment#2 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 7/26/19 CITY SWMTARY
FT. WORTH,TX
CONTRACT COMPLIANCE MANAGER
By signing, 1 acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Anne Allen
Public Art Project Manager
Arts Council of Fort Worth
APPR D AS TO FORM AND LEGALITY:
I /V/1 /—V—\ /
Jes 'c Sanfitant
ang
k Senio ss City Attorney
Form 1295: N/A
ATTESTED �oQ
Mary J. e * `
City Secretary
M&C: N/A
OFFICIAL RECORD
Amendment#2 to City Secretary Contract 49465 Agreement with James N.Hirschfield for Final Design CITY SECRETARY
and Commission of Public Artwork for East Rosedale Roundabout at Mitchell Blvd. Execution Copy 7/26/19 FT ,d3,tpf UTH'TX