HomeMy WebLinkAboutContract 51780-A1 1
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CITY SECRETARY
CONTRACT NO.Psi?1� �—A --
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 51780
v� v� AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND RILEY HOLLOWAY FOR COMMISSION OF PUBLIC ART
FOR THE PUBLIC SAFETY MUNICIPAL COURT BUILDING
This FIRST AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 51780 ("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 Dana Burghdoff, its duly authorized Interim
Assistant City Manager, and Riley Holloway, an individual residing at 789 Chateau Lane, Plano, Texas
75023. 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 January 24, 2019, the City and Artist entered into City Secretary Contract No.
51780, an agreement for commission of public art for the Public Safety Municipal Court Building
("Agreement");
WHEREAS, in the course of implementation, the Artist learned that the budget set aside for
security during installation was no longer necessary; and
WHEREAS, it is the collective desire of both City and Artist to amend the payment schedule to
transfer the unneeded funds to the contingency allowance.
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 redistribute funding for a total contract amount of$45,500.00. Sections 3.1 and 3.2 are
deleted in their entirety and replaced with the following:
"3.1. Compensation.
Total compensation to Artist under the Agreement shall be an amount up to FORTY-FIVE THOUSAND,
FIVE HUNDRED DOLLARS AND NO CENTS ($45,500.00) which shall constitute full compensation
for any and all costs associated with this Agreement, including, but not limited to, fabrication,
First Amendment to Fort Worth City Secretary Contract No. 51780 Execution Co - -�—JRY
CITY SECRETiFT. WORTH,
transportation, installation, engineering and consulting fees, a remaining Artist's fee of $2,250.00,
insurance, storage costs, all travel expenses and services performed and materials furnished by Artist
under this Agreement, and including a $6,200.00 contingency. Artist and City may amend this
Agreement to allow for additional payment if additional services are required.
3.2. 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.
i. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon execution of this
Agreement.
ii. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon the Contract
Manager's verification that fabrication of the Work is 50%complete.
iii. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon the Contract
Manager's verification Work is 100%complete and being shipped.
iv. FIVE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($5,500.00)
upon the Contract Manager's verification that the Work is installed.
vi. THREE THOUSAND, EIGHT HUNDRED DOLLARS AND NO CENTS
($3,800.00) within thirty-five (35) calendar 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.
vii. The total compensation in Article 3.1 includes payment for any unforeseen changes in
fabrication or installation costs from a contingency fund in an amount up to SIX
THOUSAND, TWO HUNDRED DOLLARS AND NO CENTS ($6,200.00) for costs
associated with the Work that are incurred by the Artist due to unforeseen changes in
fabrication or installation costs, and / or to include lighting if approved, including an
administrative fee of fifteen percent (15%). Such payment will be made 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 Artist prior to this First Amendment shall apply towards the total
compensation paid to Artist.
First Amendment to Fort Worth City Secretary Contract No. 51780 Execution Copy 9/4/19
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III.
All other terms, provisions, conditions, covenants and recitals of said Agreement not expressly
amended herein shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in Fort Worth, Tarrant
County, Texas, this 5th day of September, 20I9.
CITY OF FORT WORTH ARTIST
By: By: -Ho(Io W Ay
Dana Burghdoff Riley Holloway
Interim Assistant ity Manager Artist
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.
Michelle Richardson
Public Art Project Manager
APPROVED " TO FORM AND LEGALITY:
By:
Jessica Sangsv
Senior Assistant it Attorney
ATTEST:
By: 71
Mary J. Kayser 4a U ..�
City Secretary �
1`A 2
Contract Authorization:
Form 1295: NA ^r. OFFICIAL RECORD
M&C: NA CITY SECRETARY
FT. WORTH,TX
First Amendment to Fort Worth City Secretary Contract No. 51780 Execution Copy 9/4/19
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