The URL can be used to link to this page

Home My WebLink AboutContract 57496-A1 4�" .cRETARY � -q6-A FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 57496 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND GORDON HUETHER+ PARTNERS,INC. FOR FINAL DESIGN AND COMMISSION OF A PUBLIC ARTWORK FOR THE SOUTH PATROL DIVISION This FIRST AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 57496 ("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 Gordon Huether + Partners, Inc., an California corporation, located at 1821 Monticello Road, Napa, California, 94558, acting by and through Gordon Huether, its dually authorized president. 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 May 2, 2022 the City and Artist entered into City Secretary Contract No. 57496 (M&C 21-0831),an agreement for commission of public art for the South Patrol Division("Agreement"); WHEREAS, material costs increased since the Preliminary Design was approved, and the Final Design, approved by the Fort Worth Art Commission on August 15, 2022, required use of more project budget, leaving a small contingency amount available; WHEREAS, in response to cost increases, it is the collective desire of both City and Artist to amend the payment schedule to increase the amount of the commission contract by $14,500.00 to a total contract amount of$283,078.00, reflecting the additional contingency allowance. 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 funding for a total contract amount of$283,078.00. Article 4 is hereby deleted in its entirety and replaced with the following: "ARTICLE 4 COMPENSATION AND PAYMENT SCHEDULE 4_1. Compensation. First Amendment to Fort Worth City Secretary Contract No. 57496 COTY SECRETARY FT. WORTH,TX C,a o R CT, Total compensation to Artist under the Agreement shall be in the amount of up to TWO HUNDRED EIGHTY-THREE THOUSAND, AND SEVENTY-EIGHT DOLLARS AND NO CENTS ($283,078.00), which shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, engineering and consulting fees, a remaining Artist's fee of $32,883.00, insurance, all travel expenses, services performed, and materials furnished by Artist under this Agreement, and a contingency of$16,000.00. 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. FIFTEEN THOUSAND DOLLARS AND NO CENTS (,515.000.001 upon execution of this Agreement. b. TWENTY THOUSAND DOLLARS AND NO CENTS (S20.000.001 within thirty (30) days after Artist submits the Final Design Deliverables,as required in Article 3.1. of this Agreement C. TWO THOUSAND DOLLARS AND NO CENTS (S2.000.00) within thirty (30) days after Artist makes a presentation of the Final Design to the FWAC and Project Core Team d. ONE HUNDRED EIGHT THOUSAND DOLLARS AND NO CENTS ($108.000.00) within thirty(30)days after Final Design is approved by the FWAC. e. FIFTY THOUSAND DOLLARS AND NO CENTS(S50.000.00)upon the Contract Manager's verification that fabrication of the Work is 50%complete. f. THIRTY-FIVE, THOUSAND NINE HiJNDRED DOLLARS AND NO CENTS (S35.900.00) upon the Contract Manager's verification that the Work is complete and ready to install. g. TWENTY-EIGHT THOUSAND SEVEN HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS(S28.725.00)upon the Contract Manager's verification that installation of the Work is complete. h. SEVEN THOUSAND.FOUR HUNDRED FIFTY-THREE DO1,LARS AND NO CTS(57.453.001 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 SIXTEEN THOUSAND,DOLLARS AND NO CENTS(S16.000.00)for costs associated with the Work that are incurred by the Artist due to unforeseen changes in fabrication or installation costs. These contingency funds will 2 include an artist administrative 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. 4.3. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project.City shall supply Artist with the"Texas Certificate of Exemption,"in substantially the same form as that attached hereto as"Exhibit F"for use by Artist in the fulfillment of this Agreement. 4.4. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges on submissions to City and/or Contract Manager, insurance, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement, and any contingencies." II. 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 pa-ties hereto have executed this Amendment in Fort Worth, Tarrant County, Texas,this_ M day of Vo1N*k,,,2022. CITY OF FORT'WORTH GORDON HUETHER+PARTNERS, INC. By: / Gwt �,1� Fernando Costa Gordon Huether Assistant City Manager President 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. Alida Labbe Public Art Project and Capital Budget Manager APPROVED AS TO FORM AND LEGALITY: By: Jessika Williams Assistant City Attorney ATTEST: By: z 4e ig City Secretary ...�....... ITGL^ vtC-ca"Acat Contract Authorization: Form 1295: 2021-809686 M&C: 21-0831 J' Date:November 9,2021 r IAL RECORDSECRETARY4 OFFICIAL TX FORTWORTH Routing and Transmittal Slip PLANNING AND DATA ANALYTICS - FWPA Department DOCUMENT TITLE: South Patrol Division Final Design and Commission Contract Amendment 1 M&C 21-0831 CPN CSO # DOC# DATE: TO: INITIALS DATE OUT 1. Jessika Williams JJW 11/8/22 2. Fernando Costa 3. Ronald P. Gonzales 4. 5. 6. DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: X Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ Attach Signature, initial and Notary Tabs ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File Return to: Please call Alida Labbe at 817-915-0841 (alabbe@artsfortworth.org) for pick up when -} ey,— �3 rjpleted. Thank you.