HomeMy WebLinkAboutContract 55187-A1 CITY SECRETARY
RECEIVED MNTRACT NO.
AUG 2 7 2021
CITY oFrORTVow
CITYSMREIARY FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.55187
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
LAURA WALTERS FOR COMMISSION OF
PUBLIC ART FOR ROCKWOOD CLUBHOUSE
]'his FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 55187 ("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 Laura Walters, an individual, located at 2218 Silverado Drive, Dallas, Texas, 75253. City has
designated the Arts Council of Dort Worth and Tarrant County, lac., to manage this Agreement on its behalf.
The Contract Manager shall act through its designated Public Art project manager.
WHEREAS, on January 19, 2021, the City entered into n contract with Artist for Commission of the
Work for the Rockwood Clubhouse(Fort Worth City Secretary Contract No. 55187;"Agreement");
WHEREAS, it has been determined that the Artist's budget for the Agreement needs to be adjusted,
as less funds are needed for implementation than previously calculated, resulting in additional funds being
available for the contingency;
WHEREAS, City desires that the Agreement reflect the increased contingency amount, which shall
remain available to the Artist for engineering and consulting and for costs associated with the Work that are
incurred by the Artist clue to unforeseen changes in materials, fabrication or installation costs, including an
administrative fee of fifteen percent(15%).
NOW, THEREFORE, City and Artist fir and in consideration of the covenants and agreements
hereinafter set Forth,the sufficiency of which is hereby acknowledged, agree as follows
:
1.
Article 3, "Compensation and Payment Schedule," subsections 3.1, "Compensation," and 3.2,
"Payment Schedule," are hereby amended to reduce the amount needed for implementation and increase by
the same amount funds available for contingency for the Work and read as follows:
ARTICLI 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount not to exceed ONE HUNDRED
FORTY TWO THOUSAND EIGHT HUNDRED TWENTY TWO DOLLARS AND NO CENTS
($142,822.00), 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, stock-ups, fabrication, lighting,
transportation, installation,a remaining Artist's fee of$5,346.00, insurance, incidental costs
t-ffhCML RECORD
CITY SECRETARY
ET. WORTH,TX
$18,758.00, 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. 'TWENTY-SEVEN THOUSAND DOLLARS AND NO CENTS ($27,0110 00) upon
execution of this Agreement,so that artist may make 1/3 down payment to fabricator to begin
fabrication.
b. THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) upon Contract
Manager's verification that fabrication of the Work is of 50%complete.
C. 'THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) upon Contract
Manager's verification that fabrication of the Work is 100%complete and ready to install.
d. TWENTY-'TWO THOUSAND SEVEN HUNDRED THREE DOLLARS AND NO
CENTS($22,703.00)upon Contract Manager's verification that the sculpture is installed.
C. EIGHT THOUSAND AND NINETY-FIVE DOLLARS AND NO CENTS ($8,095.00)
upon Contract Manager's verification that the lighting For the Work is installed.
f. SIX THOUSAND TWO HUNDRED SIXTY-SIX DOLLARS AND NO CENTS
($6,266.00) 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 alter Final Acceptance.
g. City may pay Artist contingency funds in an amount up to EIGHTEEN THOUSAND,
SEVEN HUNDRED FIFTY-EIGH'r DOLLARS AND NO CENTS ($18,758 00) for
engineering and consulting and for costs associated with the Work that are incurred by the
Artist due to unlbreseen 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 (H)approval by the
Contract Manager of the additional costs. Any unused contingency funds shall remain with
the city.
1[.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the total
compensation paid to the Artist.
111.
All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
IV.
This Amendment may be executed in multiple counterparts,each of which shall be an original and all
of which shall constitute one and the same instrument. A facsimile copy or computer image,such as a PDF or
tiff image, or a signature,shall be treated as and shall have the same effect as an original.
(Signature Page Follows)
ACCEPTED AND AGREED:
CITY OF FORT WORTH ARTIST
by:_
Fernando Costa Laura Walters
Assistant City Manager Artist
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I ant the person responsible
for the monitoring and administration ol'this contract, including
ensuring all perrormance and reporting requirements.
N'me: Anne Allen
Title: Public Art Proiect Manager
APPROVED AS TO FORM
AND LEGALITY:
Je-si a WCityAu
liams
A si tant orney
ATTESTED BY:
C.))
j
P6nald Gonzales
,1
Acting City Secretary
Contract Authorization: �
• �s�,�y•V Yr.
form 1295: 2020-691405
M&tC t!:21-0007
DATE:January 12,2021
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