HomeMy WebLinkAboutContract 51578-A1 �C} ''ITY SECRETARY
,''TRACT NO. 515-7 9-A I
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.51578
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND JOHN A.YANCEY FOR COMMISSION
OF ARTWORK FOR EAST ROSEDALE STREET(Miller-Stalcup)/
ROSEDALE PLAZA PARK
This FIRST AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 51578("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 its duly authorized Assistant City Manager, and
John A. Yancey, an individual residing at 1179 Poquito Street, Austin, Texas 78702-2226. 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 November 19,2018,the City and Artist entered into City Secretary Contract No.
51578 (M&C C-28782), an agreement for commission of public art for East Rosedale Street (Miller —
Stalcup)/Rosedale Plaza Park("Agreement");
WHEREAS,vandalism and other park conditions adversely effected the artwork and site during
installation of the artwork,necessitated Artist to perform unanticipated labor,including repairs and stginina
of the plaza in order to complete the artwork;
WHEREAS, with $2,000.00 remaining on the project budget, it is the collective desire of both
City and Artist to amend the payment schedule to increase the total amount of the commission contract by
$2,000.00 for a total of$147,601.28 to compensate Artist for work completed beyond his original scope of
work.
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:
1.
The parties wish to amend Article 3 of the Agreement titled "Compensation and Payment
Schedule"to increase fimding by $2,000.00 for a total contract amount of$147,601.28. Sections 3.1 and
3.2 are deleted in their entirety and replaced with the following:
OFFICIAL RECORD
MY SECRETARY
First Amendment to Fort Worth City Secretary Contract No.51579 f FT. WORTH,Ti
"3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount not to exceed ONE HUNDRED
FORTY-SEVEN THOUSAND, SIX HUNDRED ONE DOLLARS AND TWENTY-EIGHT CENTS
($147,601.28),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, fabrication, transportation,
installation,Artist's fee,insurance,incidental costs,contingencies,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 fu H and
final,non-refundable payment for all services and materials provided prior to the due date thereof
a. FIFTEEN THOUSAND, DOLLARS AND NO CENTS ($15,000.00) upon execution of this
Agreement.
b. FORTY THOUSAND, SIX HUNDRED TWENTY DOLLARS AND NO CENTS ($40,620.00)
upon Contract Manager's verification of 50%fabrication of mosaic portion of Work.
C. FORTY THOUSAND, SIX HUNDRED TWENTY DOLLARS AND NO CENTS ($40,620.00)
upon Contract Manager's verification that the mosaic portion of the Work is ready to install.
d. FORTEEN THOUSAND THREE HUNDRED FORTY DOLLARS AND NO CENTS
($14,340.00)upon Contract Manager's verification that the plaza floor and structural portion of the
Work is complete.
e. FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) upon Contract Manager's
verification that the Work is installed.
f. TWELVE THOUSAND, NINE HUNDRED SIXTY-FOUR DOLLARS AND NO CENTS
($12,964.00) 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 after Final Acceptance.
g. The total compensation in Article 3.1 includes payment for any unforeseen changes in fabrication
or installation costs from a contingency fund in an amount up to NINE THOUSAND, FIFTY-
SEVEN DOLLARS AND TWENTY-EIGHT CENTS ($9,057.28) for costs associated with the
Work that are incurred by the Artist upon(i)receipt of supporting documentation by the Contract
Manager from the Artist and(ii)approval by the Contract Manager of the additional costs."
2
First Amendment to Fort Worth City Secretary Contract No.51578
H.
Funds previously paid to Artist prior to this First Amendment shall apply towards the total
compensation paid to Artist.
III.
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 4th day of April ,2022.
CITY OF FORT WORTH JOHN A.Y
By:
Fernando Costa Artist
Assistant City Manager
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.
By:
Alida Labbe.Public Art Project and Capital Budget Manager
Arts Council of Fort Worth&Tarrant County
APPROVED AS TO FORM AND LEGALITY:
By. ..�,
VOR
Jessika Williams.Assistant City Attorney � '.:.
ATTEST:
U; c=
By: 4 .••'•
Jannette Udall,City Secretary
,.a
Contract Authorization:
M&C: C-28782
Date: 8/07/2018 OFFICIAL RECORD
CITY SECRETARY
F. WORTH,TX 3
First Amendment to Fort Worth City Secretary Contract No.51578