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Home My WebLink AboutContract 53467-A1 a "'C3 �°�� , CITY SECRETARY o��va�y cC;jTmCT w. S3 flo Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.53467 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JOE O'CONNELL CREATIVE MACHINES,INC.FOR COMMISSION OF PUBLIC ART FOR THE REBY CARY YOUTH LIBRARY This FIRST AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 53467 ("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 Fernando Costa, its duly authorized Assistant City Manager, and Joe O'Connell Creative Machines, Inc., an Arizona corporation, located at 4141 E. Irvington Road, Tucson, Arizona 85714. 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 27, 2020, the City and Artist entered into City Secretary Contract No. 53467 (M&C 19-0391), an agreement for commission of public art for the Reby Cary Youth Library ("Agreement"); WHEREAS, a portion of the funding approved by Fort Worth City Council on December 17, 2019 (M&C 19-0391) in the amount of $14,042.00 was withheld from the Agreement's contingency allowance (section 3.2.j.) until such time as a claim for payment due in that amount, made by the City's Project Consultant, for unauthorized design services,was resolved; WHEREAS, a private donation previously pledged by community leaders Wanda Conlin and Don Boren in the amount of$10,000.00 to the Reby Cary Youth Library Public Art Project for fabrication of the Work was accepted by City Council on June 16,2020 (M&C 20-0383);and, WHEREAS, it is the collective desire of both City and Artist to amend the scope of services and payment schedule to increase the total amount of the commission contract by $24,042.00, reflecting the additional fabrication funding as well as 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: Second Amendment to Fort Worth City Secretary Contract No. 51780 OFFICIAL RECORD CITY SECRETARY 1 of 3 FT. WORTH,TX I. The parties wish to revise Article 2 of the Agreement titled "Scope of Services" to include the additional scope of work made possible by a private donation. Sections 2.2.i. is hereby added as follows: 2.2.i. Artist shall include an additional three (3) movable, hidden buttons and corresponding light programming for each into the Work, for a total of nine (9)buttons and associated programming. 11. The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment Schedule" to increase funding for a total contract amount of $310,662.36. 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 in an amount not to exceed THREE HUNDRED TEN THOUSAND,SIX HUNDRED SIXTY-TWO DOLLARS AND THIRTY-SIX CENTS ($310,662.36), which shall constitute full compensation for all services to be performed and materials to be furnished by Artist under this Agreement, including, but not limited to, mock-ups, fabrication, transportation, installation, remaining Artist's fee of$5,604.00, insurance, incidental costs, a contingency of$27,113.45, all travel expenses, and any other costs associated with the Work. The Parties may amend this Agreement to allow for additional payment if additional services are required. 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: a. SIXTY-FIVE THOUSAND DOLLARS AND NO CENTS ($65,000.00) upon execution of this Agreement. b. TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00) upon Contract Manager's verification of 25%fabrication. C. THIRTY-FIVE THOUSAND DOLLARS AND NO CENTS ($35,000.00) upon Contract Manager's verification of 50% fabrication. d. TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00) upon Contract Manager's verification of 75% fabrication. First Amendment to Fort Worth City Secretary Contract No.53467 2 of e. FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) upon Contract Manager's verification that the original scope of Work is 100%fabricated and ready to install. f. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon Contract Manager's verification that the additional scope of Work made possible by a private donation (M&C 20- 0383)is 100%fabricated and ready to install as part of the overall Work(see 2.2.i). g. THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) upon Contract Manager's verification that the Work suspended from the ceiling is installed. h. SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) upon Contract Manager's verification that the work along the retaining wall is installed. i. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) upon Contract Manager's verification that the kiosk inside the library is installed. j. THIRTY-THREE THOUSAND, FIVE HUNDRED FORTY-EIGHT DOLLARS AND NINTY-ONE CENTS ($33,548.91) within thirty-five (35) 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. k. City may pay Artist contingency funds in an amount up to TWENTY-SEVEN THOUSAND, ONE HUNDRED THIRTEEN DOLLARS AND FORTY-FIVE CENTS ($27,113.45) for costs associated with the Work that are incurred by the Artist due to unforeseen changes in materials, fabrication or installation costs, 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. Any unused contingency funds shall remain with the City." III. Funds previously paid to Artist prior to this First Amendment shall apply towards the total compensation paid to Artist. IV. 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 III& day of �,2020. First Amendment to Fort Worth City Secretary Contract No.53467 3 of 4 CITY OF FORT WORTH ARTIST Fernando Costa Joe O'Connell Assistant City Manager President,Joe O'Connell Creative,Machines,Inc. 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 AS TO FORM AND LEGALITY: By: /a&if G N:� Matt Murray Assistant City Attorney I ATTEST: s By: MarfJ.Kays City Secretary/•° ��'°'° Contract Authorization: Form 1295: 2019-549225 M&C: 19-0391,20-0383,Ordinance No.24161-04-2020 Date: 12/17/19, 6/16/20 First Amendment to Fort Worth City Secretary Contract No.53467 OFMC L RECORD CM SECCRo E 11 ARV z of 4 cy ° FORT WORTH Routing and Transmittal Slip PLANNING AND DATA ANALYTICS - FWPA Department DOCUMENT TITLE: Reby Cary Youth Library Public Art Commission Al M&C_n1a CPN CSO # DOC# DATE: TO: INITIALS DATE OUT 1. Matthew Murray 7-1-2020 2. Fernando Costa ^ 3. Mary J. Kayser e 4. 5. 6. DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ Attach Signature, Initial and Notary Tabs ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File Return to: Please call Michelle Richardson at 817-298-3040 (mrichardson@artscouncilfw.org) for pick up when completed. Thank you.