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HomeMy WebLinkAboutContract 56435-A1 CSO REC'D CITY SECRETARY 1U6 9122 AM10:20 CONTRACT NO. 4.35-/41 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.56435 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND VIRGINIA FLECK FOR FINAL DESIGN AND COMMISSION OF PUBLIC ART FOR ROSEMONT PARK This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 56435 ("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 Virginia Fleck, an individual located at 1900 Larchmont Drive, Austin, Texas 78 04. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., dba Arts Fort Wort , to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS,on September 28,2021,the City and Artist entered into City Secretary Contract No. 56435,an agreement for Final Design and Commission of public art for Rosemont Park("Agreement"); WHEREAS, during the course of the Agreement, Artist has experienced significant unanticipated cost increases for materials, labor, and other services in connection with the Work due to the COVID-19 pandemic; WHEREAS, the Artist's scope of work has changed with the City's new requirement for Tf xas Department of Licensing and Regulation ("TDLR") registration and review, which resulted in the deed for construction of an accessibility path to the Work; WHEREAS, it is the collective desire of both City and Artist to increase the total contract amount and to amend the scope of services (Section 2.2) and the payment schedule contingency (Section 4.21)to accommodate such changes by utilizing available funds in the project budget. 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: I. The parties wish to amend Article 2 of the Agreement titled"Scope of Services and Deliverables" to update the Scope of Services to include new City requirement for the Artwork. Section 2.2. is amended to include the following terms: First Amendment to Fort Worth City Secretary Contract No.56435 OFFICIAL RECORD CITY S9699TARY FT. WORTH,TX 1. Artist shall register Work with TDLR and submit all renderings, engineered drawings, construction drawings,and other documents to TDLR for an accessibility review. in. Artist shall ensure Work is compliant with accessibility standards as outlined by TDLR including, but not limited to,an accessibility pathway and sculptural walkway measurements. II. The parties wish to revise Article 4 of the Agreement titled "Compensation and Payment Schedule" to increase the contingency by $10,000.00 for a total contingency of$25,554.00, therefore increasing the total contract amount to $157,418.00. Sections 4.1 and 4.2 are deleted in their entirety and replaced with the following: 4_1.Compensation. Total compensation to Artist under the Agreement shall be in the amount of ONE HUNDRED FIFTY- SEVEN THOUSAND FOUR HUNDRED EIGHTEEN DOLLARS AND NO CENTS 157 418.00 which shall constitute full compensation for any and all costs associated with this Agreement, includi g, but not limited to,engineering and consulting fees,a remaining Artist's fee of$13,736.00, insurance, all travel expenses,services performed, and materials furnished by Artist under this Agreement,and a contingency of$25,554.00. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 4.2.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. TWO THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) upon execution of this Agreement. b. THREE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($3,500.00) within thirty (30) days after Artist submits the Final Design Deliverables, as required in Article 3.1. of this Agreement and makes a presentation of the Final Design to the FWAC and Project Core Team. c. TWENTY-SIX THOUSAND, THREE HUNDRED NINTY-SEVEN DOLLARS AND NO CENTS($26,397.00)within thirty(30)days after Final Design is approved by the FWAC. d. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon the Contr, t Manager's verification that the steel has been purchased. e. THIRTY THOUSAND DOLLARS AND NO CENTS($30,000.00)upon the Contract Manager's First Amendment to Fort Worth City Secretary Contract No.56435 2 pf 4 verification that fabrication of the Work is 50%complete. f. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon the Contract Manager's verification that the Work is complete and ready to install. g. FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) upon the Contract Manager's verification that installation of the Work is complete. h. EIGHT THOUSAND, NINE HUNDRED SIXTY-SEVEN DOLLARS AND NO CENTS ($8,967.00) within thirty-five (35) calendar days after Final Acceptance and receipt by City of such documentation it may require concerning payment of supplies and services rendered to Artist. i. City may pay Artist contingency funds in an amount up to TWENTY-FIVE THOUSAND, FIVE HUNDRED FIFTY-FOUR DOLLARS AND NO CENTS ($25,554.00) for costs associated with the Work that are incurred by the Artist due to unforeseen changes in scope, City requirements, and/or cost increases during fabrication or installation. These contingency funds will include an artist fee of fifteen percent (15%) of the total amount of contingency funds applied for by Artist. 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. j. City will provide an allowance of up to FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00)for engineering and consulting. Such payment shall be made upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50% is allowed) for such services attached. k. City will provide a travel allowance of $500.00 per roundtrip to Fort Worth, Texas, for a total amount up to ONE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00) for travel costs for up to three trips, should the artist be approved by Project Manager to participat in-person during design, installation and dedication. This stipend is provided in accordance with GSA Per Diem Guidelines and shall cover all travel expenses. 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 exprelsly amended herein shall remain in full force and effect. First Amendment to Fort Worth City Secretary Contract No.56435 3 of 4 IN WITNESS WHEREOF,the parties hereto have executed this Amendment in Fort Worth, Tarrant County,Texas,this SA4 day of A".,,t,2022. CITY OF FORT WORTH ARTIST Fernando Costa Virginia Fleck Assistant City Manager Artist 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: Jessika Williams Assistant City Attorney 1 FaRT ATTEST: C)i J ette S. Goodall •7EX i Secretary Contract Authorization: Form 1295: 2021-790488 M&C: 21-0739 (9.28.21) OFFICIAL RECORD First Amendment to Fort Worth City Secretary Contract No. 56435 CITY SECRETARY FT. W60h,TX