HomeMy WebLinkAboutContract 36877-A1 CITY SECRETARY
CONTRACT NO.3G 1 -A�
AMENDMENT TO CITY SECRETARY
CONTRACT NO. 36877
WHEREAS, on April 14, 2008, the City of Fort Worth (the "City") and DAVID
NEWTON (the "Artist"), residing at 4764 Memphis Street, Dallas, Texas 75207, made and
entered into City Secretary Contract No. 36877 (the "Agreement") and the City designated the
Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager;
WHEREAS, under the Agreement, the Artist shall design, fabricate, deliver, and consult
on the installation of a bronze equestrian sculpture to commemorate the historic Mexican
Vaquero and two bronze plaques with educational text and donor recognition (the "Work") for
placement at a traffic triangle at the northwest intersection of North Main Street and Central
Avenue (the "Site");
WHEREAS, the fabrication of the bronze equestrian sculpture is scheduled to be
completed in February of 2011;
WHEREAS, due to the unanticipated current economic conditions, the Artist has
experienced unforeseen financial hardships that will negatively impact the timely completion of
the bronze equestrian sculpture and the project as a whole; and
WHEREAS, in order to complete the fabrication of the bronze equestrian sculpture on
schedule and prevent delays to the timely completion of the project, the Artist and the City wish
to amend the Fee payment schedule and to include direct payments to the fabricator, Bryant Fine
Arts Foundry (the "Fabricator"), on behalf of the Artist, from the Fee.
NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth,
Texas 76102, acting by and through Fernando Costa, its duly authorized Assistant City Manager,
and David Newton, whose address is 4764 Memphis Street, Dallas, Texas 75207, do hereby
agree as follows:
OFFICIAL RECORD
CONTRACT AMENDMENT CSC NO. 36877 CITY SECRETARY
David Newton FT. WORTH TX
Page 1 01 4
Article 2 Compensation and Payment Schedule This section is amended to read as follows:
"2.1. Fee.
The City shall pay the Artist a fee, a portion of which shall be paid directly to the Fabricator on
behalf of the Artist as set forth below, not to exceed TWO HUNDRED SIX THOUSAND
DOLLARS AND NO CENTS ($206,000) (collectively, the "Fee"), which shall constitute full
compensation for all services to be performed and materials to be furnished by the Artist under
this Agreement, inclusive of fabrication, transportation, installation, Artist's fees, insurance,
incidental costs, and all travel expenses. The Fee shall be paid as follows:
a) EIGHTY-FOUR THOUSAND DOLLARS AND NO CENTS ($84,000.00)
payable to the Artist upon full execution of this Agreement.
b) SEVENTY-THREE THOUSAND DOLLARS AND NO CENTS ($73,000.00)
payable to the Artist upon the Contract Manager's verification that the modeling of
the sculpture is 100% complete and ready for casting.
c) EIGHTEEN THOUSAND FOUR HUNDRED SIXTY-SIX DOLLARS AND
NO CENTS ($18,466.00) payable to the Fabricator upon the Contract Manager's
verification that casting of the sculpture is 75% complete.
d) EIGHTEEN THOUSAND FOUR HUNDRED SIXTY-EIGHT DOLLARS
AND NO CENTS ($18,468.00) payable to the Fabricator upon the Contract
Manager's verification that casting of the sculpture is 100% complete and ready for
delivery and installation.
e) TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) payable to the
Artist upon the Contract Manager's receipt of sufficient documentation that the two
bronze plaques with educational text and donor recognition have been ordered.
CONTRACT AMENDMENT CSC NO.36877
David Newton OFFICIAL RECORD
CITY SECRETARY Page 2 of 4
FT.WORTH, TX
f) TEN THOUSAND SIXTY-SIX DOLLARS AND NO CENTS ($10,066.00)
payable to the Artist within thirty-five (35) days after Final Acceptance and receipt
by City of such documentation it may require concerning payment of supplies and
services rendered to the Artist [see Section 1.6 (a)]."
All other terms and conditions of City Secretary Contract No. 36877 not amended herein
remain unaffected and in full force and effect, are binding upon the parties, and are hereby
ratified by the parties.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
N
L RECORDCRETARYRTH, TX
CONTRACT AMENDMENT CSC NO.36877
David Newton
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract
amendment in Fort Worth, Texas, this 1 {' day of��s� CLi , 2011.
ATTEST: �oouu��A CITY OF FORT WORTH
ate`- �nJvr as ??AyO`Go o0 000o4 �V�
City Secretary a pFernando Costa
o °y.1r�
Z0 Assistant City Manager
0 00 00o T
APPROVED AS TO FORM A $��WIo
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NO M&C REQUIRED
Assis ity Attorney
ARTIST
Da id Newton /V
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
CONTRACT AMENDMENT CSC NO.36877
David Newton
Page 4 of 4