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Home My WebLink AboutContract 44615-A2 (2)i ��`�,��,�� 1h , � � ti�� J ;� 5 �0�4��. �' �� . ��'�� \ s�1 CiTY SE�A� CONi9��' 1,��. `�t" �' J � ;%� � �ICOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 44615 � AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK BETWEEN THE CITY OF FORT WORTH AND SATO SERVICE, LLC FOR CHISHOLM TRAIL PARKWAY (SH-121T) This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 44615 ("Second Amendment") is made and entered into by and between the City of Fort Worth, a home-tule municipal coiporation of the State of Texas, acting by and tlu•ough its duly authorized Assistant City Manager, and Sato Service, LLC, a Washington Limited Liability Company, located at 1045 NE 88th Seattle, Washington 98115, and acting by and tlu�ough Norie Sato, its duly authorized Member/Manager. City has designated the Arts Council of Fort Worth and Tai7�ant County, Inc., to manage this Agreement on its behal£ The Contract Manager shall act tlu•ough its designated Public Art project manager. WHEREAS, on July 10, 2013, the City and Artist made and entered into City Secretaiy. Conh•act No. 44615, amended on November 10, 2014, as Contract No. 44615-A1, an agreement for fabrication, delivery, and installation of public a��t for Chisholm Trail Parkway (SH-121T) ("Agreement"); WHEREAS, representatives of the North Texas Tollway Authority (NTTA) assured Artist that the Site, being prepared by their contractors, would be ready for installation of the Work starting on May 1, 2014, and that Artist would have time to install the Artwork prior to the opening of the Chisholm Trail Parlcway to traffic; WHEREAS, Artist delivered the Work to Fort Worth by the end of April 2014 and ai7•anged for her installation crew to travel to Fort Worth at the end of May 2014 to install the Work; WHEREAS, when Artist and installation crew an•ived for installation, two out of ten concrete columns ("Water Crossing Markers') had not sufficiently cur•ed to receive the mosaics and the six East Clear Fork Crossing Bridge Monuments to receive 12 large scale mosaics titled Trinity Water Fowl had not been built; WHEREAS, Artist continues to incur unanticipated costs for storage, h•affic control, equipment, site preparation, mobilization and travel expenses foi• the installation crew in May 2014 and in October-November 2015, as well as additional travel costs for Artist to supeivise installation and other related expenses; and . WHEREAS, as the original contingency allowance is becoming depleted, City desires to inci•ease in the contingency budget to cover unanticipated expenses; -- -_ � OFFICIAL �E�qRD CIT� ��,�IE�'ARY ``' `A' �,� .P ?�'� � 7� �?'9�1, �'� 4\ ' 7 {�p� . � ��VW� ! i Second Amendment to CSC 44615 '� I of4 NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and agreements contained herein, do mutuaily covenant and agree that the Agreement is amended as follows: I. The parties wish to revise Subsections 3.1 (Compensation) and 3.2 (Payment Schedule) of Article 3 of the Agreement titled "Compensation and Payment Schedule" to amend the total compensation and the payment installment schedule in, which shall read as follows: "3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount not to exceed N1NE HUNDRED FIFTY-SIX THOUSAND, ONE HUNDRED SEVENTY-EIGHT DOLLARS AND NO CENTS ($956,178.00), which shall constitute full compensation for all seivices 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, all tt•avel expenses, and any other costs associated with the Work. The Parties may amend this Agreement to allow for additional payment if additional seivices are required. 3.2. Payment Schedule a. City agrees to pay Artist in the following installments set forth below, each installment to represent full and final, non-refundable payment for all se�vices and materials provided prior to the due date thereof: i. TWO HUNDRED NINE THOUSAND N1NE HUNDRED FIFTY-TWO DOLLARS AND SEVENTY-SEVEN CENTS ($209,952.77) upon execution of this Agreement. ii. TWO HUNDRED NINE THOUSAND N1NE HUNDRED FIFTY-TWO DOLLARS AND SEVENTY-SEVEN CENTS ($209,952.77� upon Contract Manager's verification of 50% fabrication of the Work. iii. TWO HUNDRED NINE THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS AND SEVENTY-SIX CENTS ($209,952.76,� upon Contract Manager's verification that the Work is ready to install. iv. ONE HUNDRED FOUR THOUSAND NINE HUNDRED SEVENTY- SIX DOLLARS AND SIXTY-FIVE CENTS ($104,976.65) upon Contr•act Manager's verification that mosaic installation on eight (8) Water Crossing Markers is complete. v. ONE HUNDRED FOUR THOUSAND NINE HUNDRED SEVENTY- SIX DOLLARS AND ELEVEN CENTS ($104,976.11) upon Contract Manager's verification that the installation of the Work is 100% complete. vi. EIGHT THOUSAND FOUR HUNDRED EIGHTY-TWO DOLLARS AND NINETY-FOUR CENTS ($8,482.94) within thirty-iive (35) days after Final Acceptance and receipt by City of such documentation it may require concerning Second Amendment to CSC 44615 2 of 4 payment of seivices and supplies rendered to Ar�tist (see Article 2); provided, however, that iinal deliveiy shall not be tendered prior to the expiration of thirty (30) days after Final Acceptance. vii. City may pay Artist contingency funds in an amount up to ONE HUNDRED SEVEN THOUSAND, EIGHT HUNDRED EIGHTY-FOUR DOLLARS AND NO CENTS ($107,884.00) for costs associated with the Work that are incurred by the Artist due to unforeseen changes in fabrication or installation costs. 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." II. Funds previously paid to the Artist prior to this Second Amendment shall apply toward the total compensation paid to the Artist. III. All terms and conditions of the Agreement that are not expressly amended pursuant to this Second Amendment shall remain in full force and effect. IV. All terms in this Second Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed five copies of this Second Amendment in Foi�t Worth, Texas, on the ,20{�� day of November, 2015. CITY OF FORT WORTH SATO SERVICE, LLC by: / �'frvt,�d� �h--� by:1V�51/l � Fernando Costa Norie ato Assistant City Managet• Manager/Member Second Amendment to CSC 44615 3 of 4 �FFICIAL GdECORD t�IYY 3ECRE'FARY � �'�'.'YV�RTH, T�l ATTESTED BY: �' � / _ " � % � i �� J. � City Secret •y No M&C REQUIRED � �0�0� � p �v �s-� I .�.�� _�� '' ��'�°� .� ��,y °"`� ��ICI�q� � �li'y �E��RD �..�, �� R'�f�RYJ _ r�, �'� 1 Second P.mendment to CSC 44615 4 of4 APPROVED AS TO FORM AND LEGALITY: