HomeMy WebLinkAboutContract 38686-A1CITY SECRETARY
CQ CRACT N0. 3$
FIRST AMENDMENT TO CITY SECRETARY
CONTRACT N"0 38686
WHEREAS, on June 9, 2009, the City of Fort Worth ("City") and LETICIA HUERTA
("Artist") entered into City Secretary Contract No. 38686 ("Contract"), and the City designated the Arts
Council of Fort Worth and Tarrant County, Inc., as its Contract Manager;
WHEREAS, the Texas Department of Transportation ("TxDOT") has completed construction of
a new bridge over a low water crossing at the intersection of Northeast 28th and Decatur Streets in Fort
Worth ("Site");
WHEREAS, under the Contract, Artist is fabricating and installing various public art
components at the Site, including 1) decorative, bas-relief form liners that enhance the cast concrete
bridge walls; 2) the mosaics for the bridge railings and channel side column covers; 3) two tile sidewalk
medallions inset into the walkway intersections at the west end of the bridge; and 4) patterning and
staining of the concrete bridge walkways (collectively, the "Work");
WHEREAS, during construction, TxDOT's contractor installed a top coat of concrete on the
bridge, including in the areas where the mosaic is to be installed, and it has been determined that the
glass mosaic tiles will not properly adhere to this top coat and it must be removed prior to installation of
the mosaics;
WHEREAS, after completion of the bridge and intersection construction, it was determined that
the two concrete insets created for the sidewalk medallions were poorly executed and would require
additional work on the part of the Artist or Artist's contractor, beyond what was originally budgeted, to
remove and prepare for the installation of the sidewalk medallions;
WHEREAS, after completion of the bridge construction, it was determined that, to ensure the
safety of the Artist and Artist's contractor during installation of the the mosaic and sidewalk medallions,
the Artist shall hire a subcontractor to develop a traffic plan, provide barricades, and apply for necessary
permits so that traffic lanes and sidewalks can be temporarily closed during installation of the above;
WHEREAS, after further consultation with the mosaic fabricator about the conditions the
mosaics would be subjected to (i.e., heavy vehicular traffic on the bridge and ensuing vibration), the
Contract Amendment # 1
Leticia Huerta, City Contract # 38686
CITY SECRL�
Page. f
FT. IAl'ORY4,1 if
fabricator recommended foregoing the unsanded grout specified and, instead, applying a heavy duty
epoxy grout that costs substantially more to buy and install;
WHEREAS, it is the mutual desire of City and Artist to amend the Contract to compensate the
Artist for the above -stated increased scope of work and costs.
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 Leticia
Huerta, an individual, of 1702 Wellington Court, Arlington, Texas 76013, do hereby agree as follows:
I.
1.4. Delivery and Installation. This section is amended to add the following:
i. Artist, individually and through its subcontractors, shall take all necessary safety measures to
ensure that its installers are protected from vehicular traffic during the installation of the the
mosaics, the sidewalk medallions and the sidewalk staining. At the very minimum, Artist shall
ensure that barricades are properly placed at the Site, obtain any and all necessary permits for the
installation, and coordinate with the City to ensure temporary lane closures during the
installation, if needed.
j. Artist, individually and through its subcontractors, shall take all necessary steps to prepare the
recessed areas of the bridge at the Site to receive the mosaic, including, but not limited to,
removing the necessary top coat of cement that TxDOT's contractor applied.
k. Prior to installing the mosaic medallions, Artist, individually and through its subcontractors,
shall remove the poorly -executed concrete sidewalk medallion insets from the areas where the
medallions are to be installed and shall re -cut and re -pour the medallion leave -outs so that they
are circular.
1. During installation of the mosaics, Artist, individually and through its subcontractors, shall
apply the recommended epoxy grout to all of the mosaics to ensure the longevity and
performance of the mosaic panels.
Contract Amendment # 1 Page 2 of 4
Leticia Huerta, City Contract # 38686
2.1. Fee.
II
This Section is amended to be read as follows:
The City shall pay the Artist a fee in the amount of TWO HUNDRED EIGHTY-ONE THOUSAND
ONE HUNDRED FORTY DOLLARS AND NO CENTS ($281,140.00) (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.
a) ONE HUNDRED FOUR THOUSAND SEVEN HUNDRED FORTY-SEVEN DOLLARS
AND NO CENTS ($104,747.00) upon full execution of this Agreement.
b) SIXTY-FIVE THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS AND NO
CENTS ($65,467.0ffi upon the Contract Manager's verification that the form liner
manufacturing is 100% complete.
c) SIXTY-FIVE THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS AND NO
CENTS ($65,467.00) upon the Contract Manager's verification that the mosaics are 100%
complete and ready to install.
d) TWENTY-THREE THOUSAND ONE HUNDRED FIFTY DOLLARS AND NO CENTS
($23,150.00) upon the Contract Manager's verification that the mosaic installation is
complete.
e) TWENTY-TWO THOUSAND THREE HUNDRED NINE DOLLARS AND NO CENTS
($22,309.00) 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 of the Contract].
Funds previously paid to the Artist prior to this amendment shall apply toward the total Artist's Fee.
IV.
Contract Amendment # 1 Page 3 of 4
Leticia Huerta, City Contract # 38686
A11 terms and conditions of the Contract that are not expressly amended pursuant to this amendment
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed.Sotrr copies of this contract amendment on
this '29.) day of Dec CVYA OC Y , 2011.
CITY OF FORT WORTH
by:
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. �allach
Assistant City Attorney
ATTESTED BY:
C ty Secretary �a
Contract Authorization: No M&C Required
Contract Amendment # 1
Leticia Huerta, Ciry Contract # 38686
ARTIST
Leticia Huerta
Individual