HomeMy WebLinkAboutContract 45242-A2 (2)CITY SECRETARY �52Ni,�ti
CONTRACT NO. _•_._.
SECOND AMENDMENT TO CITY SECRETARY
CONTRACT NO. 45242
WHEREAS, on November 9, 2011, the City of Fort Worth and Frances Bagley, L.L.C. and
Tom Orr L.L.C. entered into City Secretary Contract No. 45242 ("Contract"), and the City designated
the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager;
WHEREAS, under the Contract and according to schedule, the Artists have fabricated the Work,
which shall be installed at the Site;
WHEREAS, just prior to installation of the Work, a ten -foot utility easement was discovered at
the location of the Site where the Work is to be installed;
WHEREAS, installation may not proceed until the City obtains permission to encroach on the
easement from all affected utility companies, necessitating storage of the Work and the associated costs
that were not anticipated;
WHEREAS, on May 23, 2012, City and Artist executed an amendment to the Contract ("First
Amendment") to compensate Artists for storage -related fees;
WHEREAS, after powder coating the Work, Artists must now transport the Work to a second
storage facility until the City obtains permission to encroach on all utility easements; and
WHEREAS, it is the mutual desire of City and Artists to amend the Contract to increase the
overall compensation to the Artists for the increased scope of services and additional fees.
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 Frances
Bagley, L.L.C. and Tom Orr L.L.C. of 8157 Barbaree Blvd., Dallas, Texas 75222. do hereby agree as
follows:
1.
FFICWAL IMECORD
MTV SECRET T Y
FT. WORM% TN
The parties wish to revise section g. of Article 2.6 of the Contract titled "Delivery and Installation,"
which was added to the Contract per the First Amendment, to increase the overall compensation to the
SECOND AMENDMENT TO CITY OF FORT WORTH CONTRACT #45242
Oce j12 A 1 0 : 0:
Page 1 of 5
c. NINETEEN THOUSAND FORTY-THREE DOLLARS AND NO CENTS ($19.043.00)
upon the Contract Manager's verification that fabrication of the Work is 100% complete, and the
Work ready to install.
d. SEVEN THOUSAND SIX HUNDRED SEVENTEEN DOLLARS AND NO CENTS
($7,617.00) 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
Artists [see Article 2.8)].
City shall reimburse Artists for a total amount not to exceed SEVENTEEN THOUSAND NINE
HUNDRED TWO DOLLARS AND NO CENTS ($17,902.00) for reasonable palleting and additional
storage and transportation costs for the Work and additional Artists' Fee in order to fulfill the terms of
this Agreement Such payment(s) shall be made upon receipt of invoice(s) from Artists.
3.
Funds previously paid to the Artists prior to this amendment shall apply toward the total
compensation.
4.
All terms and conditions of the Contract that are not expressly amended pursuant to this
amendment shall remain in full force and effect.
5.
All terms in this amendment that are capitalized but not defined shall have the meanings
assigned to them in the Contract.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
SECOND AMENDMENT TO CITY OF FORT WORTH CONTRACT #45242 Page 3 of 5
IN WITNESS WHEREOF, the parties Hereto have executed four copies of this second contract
amendment on this day of , 2012.
CITY OF FORT WORTH FRANCES B A .LEY, IX.
by;.
Fernando Costa Fra ce& Stevens Bagley
Assistant City Manage -
Managing Member
APPROVED AS TO FORM TONI ORR, 1JJ% :x
AND LEGALITY.
by:
Tyler F. Wallach
Assistant City Attorney
ATTESTED BY
by:
'Mary J. Kayser
City Secretary
by::
Thomas as Covey Orr
Managing Member
SECOND AMENDMENT TO CITY OF FORT WORTH CONTRACT 05242 Page 4 of 5
OF F Q C IAL RECORD
<<j11TV SECRETARY
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F4XHIBIT G:
SCHEDULh OF EVENTS (WITH COSTS)
1. Wooten Storage (April 25, 2012- August 8, 2012) $3,000
(Paid under First Amendment to Contract)
2. Additional Wooten Storage (August 9, 2012- September 12, 2012) $1,000
(Shall be paid under Second Amendment to Contract)
3. Transportation to Powder Coating
(Paid under original contract)
4. Transportation from Powder Coating to Second Storage Location $3,486
Includes labor and equipment rental
(Shall be paid under Second Amendment to Contract)
5. Paileting for storage at Second Location $3,100 (if needed)
Includes labor and materials
(Shall be paid under Second Amendment to Contract)
6. Storage at Second Location $5,316 (maximum)
Allows for an up to 12 month storage period @ $443/month
7. Additional Artists Fee $2,000
Labor, on site supervising, project management
8. Transportation to site of installation
(Paid under original contract)
9. Installation at site
(Paid under original contract)
SECOND AMENDMENT TO CITY OF FORT WORTH CONTRACT #45242 Page 5 of 5