HomeMy WebLinkAboutContract 56253-A1FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 56253 AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND
LYNNE BOWMAN CRA YENS FOR COMMISSION OF PUBLIC ART FOR THE MUNICIPAL
VEHICLE MAINTENANCE FACILITY AT
SOUTH HOLLY WATER TREATMENT PLANT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 56253 is entered into this
~ day of ill QUA'"' , 202{.by and between the City of Fort Worth , a home-rule municipal
corporation of the State of~exas, acting by and through Fernando Costa, its duly authorized Assistant City
Manager, and Lynne Bowman Cravens, an individual, located at 980 Holli Spring Lane D , Colorado Springs,
CO 80907. 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, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances,
the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth
residents , to commemorate the City 's rich cultural and ethnic diversity , to integrate the design work of artists
into the development of the City's capital infrastructure improvements, and to promote tourism and economic
vitality in the City through the artistic design of public spaces ;
WHEREAS, this Project was included in the Public Art Plan for th e 2014 Bond Program , adopted by
the Fort Worth City Council on October 21 , 2014 as M&C G-18339 and the project was included in the Fort
Worth Public Art Fiscal Year 2021 A111111al Work Plan, adopted by the Fort Worth City Council September 22,
2020 as M&C 20-0678;
WHEREAS , on August 23 , 2021 , the City entered into a Commission contract with Artist to fabricate ,
deliver and install the Work at the Site (Fort Worth City Secretary Contract No. 56253) based on the approved
Final Design ;
WHEREAS, prior to installation the Artist was a resident of Fort Worth, Texas, so travel was not
included in her contract , and immediately after installation Artist moved to Colorado for work, and City desired
to compensate Artist for travel back to Fort Worth for artwork dedication and utilize funds from the
contingency for this purpose ;
WHEREAS, the Final Design Contract (Contract #52586) set aside $20,000.00 in contingency, and
due to cost increases due to the pandemic and with the approval of the Contract Manager that contingency
decreased to $9 ,236 .00 in the Commission Contract to free up more funds for fabrication, transportation and
installation ; and as Artist 's Fee did not include the contingency when it was calculated, City desires to
compensate the Artist with an additional Artist 's Fee of ($1 ,614 .60) equal to 15% on the $10,764.00 in
contingency funds that were directed to implementation;
WHEREAS, this Agreement will be amended to reflect the Artist's new Colorado address.
Execution Copy. Amendment I , CSO 56253. Agreement for Commi ss ion of Public Artwork with
Lynne Bowman Cravens for Munic ipal Vehicle Maintenance .Facility
CSO REC 'D
iOi/J h '?:c{ oM 1 0: fi']
OFFICIA L RECORD
CITY SECRETARY
FT. WORTH, TX
I n r 4
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.
Article 3, "Compensation and Payment Schedule," subsections 3.1, "Compensation,'' and 3 .2,
''Payment Schedule," are hereby deleted and amended in their entirety to increase the artist's fee and allow for
contingency usage to include travel and will read as foJlows :
3 .1. Compensation .
Total compensation to Artist under the Agreement shall be in an amount up to ONE HUNDRED SEVENTY
THOUSAND, ONE HUNDRED EIGHTY-SEVEN DOLLARS AND NO CENTS ($170,187.00). which
shall constitute full compensation for all services to be perfonned and materials to be furnished by Artist under
this Agreement, including, but not limited to , mock-ups, fabrication , transportation , installation , remaining
Artist's fee of $13 ,313.00, insurance, incidental costs, an allowance/contingency of $7,621.40, 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 . FIFfY THOUSAND DOLLARS AND NO CENTS ($50,000.00) upon execution of this Agreement
to enable Artist to purchase materials for fabrication .
b. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon submittal and acceptance
C.
d.
e .
f .
of completed Shop Drawings necessary for fabrication.
TlliRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) upon Contract Manager's
verification of 50% fabrication .
TWENTY-EIGHT THOUSAND DOLLARS AND NO CENTS ($28,000.00) upon Contract
Manager's verification that the Work is 100% fabricated and ready to install.
NINETEEN THOUSAND DOLLARS AND NO CENTS ($19,000.00) upon Contract Manager's
verification that the Work is installed.
THIRTEEN THOUSAND, NINE HUNDRED FIFTY-ONE DOLLARS AND NO CENTS
($13,951.00) 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 shaU not be tendered prior to the expiration of thirty
(30) days after Final Acceptance.
Execution Copy, Amendment I, CSO 56253 , Agreement for Commission of Public Amvork with
Lynne Bowman Cravens for Municipal Vehicle Maintenance 'Facility
2 of4
g. An allowance ofup to SEVEN THOUSAND, SIX HUNDRED TWENTY ONE DOLLARS AND
NO FORTY CENTS {$7,621.40) for costs associated with the Work that are incun-ed by the Artist
due to unforeseen changes in materials, fabrication or installation costs, including an administrative
fee of fifteen percent (15%). At1ist may request contingency funds for travel to participate in the
artwork dedication as Artist moved out of state after artwork was instaUed, however, an artist
administrative fee sbaUnot be paid on travel costs by City. Contingency payments 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 . Any unused contingency funds shall remain with the
City.
h. ONE THOUSAND SIX HUNDRED FOURTEEN DOLLARS AND SIXTY CENTS {$1,614.60)
in additional Artist 's Fees, equal to 15% of$10,764.00 of the contingency utilized during fabrication;
to be due upon execution of First Amendment.
Il.
Article 15, Notices, 2. ARTIST, is hereby deleted in its entirety and amended to capture the Artist's
new address and will read as follows :
2 . ARTIST Lynne Bowman Cravens
980 Holli Spring Lane D .
Colorado Springs , CO 80907
III.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the total
compensation paid to the Artist.
JV.
All tem1s and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
V.
This Amendment may be executed in multiple counterpa11s , each of which shall be an original and all of
which shall constitute one and the same instrwnent. 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.
(Sig11at11re Page Follows)
Execution Copy. Amendment I. CSO 56253 , Agreement for Commission of Public Artwork with
Lynne Bowman Cravens for Municipal Vehicle Maintenance Facility
3 of4
JN WITNESS WHEREOF, the parties hereto have executed four copies of this First Amendment in Fort
Worth , Texas this S/i... day of ..::r~!:1 , 202,r 3
CJTY ~~RTH
by: ~L ~~~c
Fernando Costa
Assistant City Manager
Lynne Bowman Cravens
Artist
CONTRACT COMPLIANCE MANAGER
By signing J acknowledge that I am the person re spon sible
for the monitoring and administration of this contract, includin g
ensuring all performance and reporting requirements .
APPROVED AS TO FORM
Assistant City Attorney l
ATTESTED BY:
~ ~ ~:rx:C60.0
~ME, City Secretary E,
' Contract Autbori1.atlon:
' Form 1295: 2021-755928
M&C #: 21-0411
DA TE: 06/22/2021
Execulion Copy , Amendment I , CSO 56253, Ag,eenent for Comm iss ion of P\Jblic A.rtWOflc wilh
Lynne Bowman Cravens for Municipal Vehicle Maintenance Facility
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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FORT WORTH
Routing and Transmittal Slip
PLANNING AND DATA ANALYTICS -FWPA ------------
Depa rt men t
TITLE: HOLLY WATER PUBLIC ART, LYNNE BOWMAN CRAVENS, 1sr AMENDMENT CSO
#56253
M&C 21-0411 CPN cso # 56253 DOC# ------------
DATE:
TO: INITIALS DATE OUT
1. Jessika Williams
JJW 1/5/23
2 . Fernando Costa ~ 1/s-/202.3
3. Janette Goodall
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: D Yes X No SAME DAY: □ Yes No NEXT DAY:□ Yes □ No
ROUTING TO CSO: X Yes D 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 Anne Allen at 817-298-3028 or at 817-637-7388 (aallen@artsfortworth.org)
fo rm:i~t,en completed. Thank you .
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