The URL can be used to link to this page

Home My WebLink AboutContract 55767-A1 Un'SECRETA Y CONTRACT NO._ .7 -to t FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.55767 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND ELIZABETH AKAMATSU FENCI FOR COMMISSION OF PUBLIC ART FOR DIAMOND HILL COMMUNITY CENTER This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 55767 ("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 Elizabeth Akamatsu Fenci, an individual located at 10001 Appleby Sand Road, Nacogdoches, Texas 75965. City has designated the Arts Council of Fort Worth and Tarrant County,Inc., d/b/a Arts Fort Worth, to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, on May 25, 2021, the City and Artist entered into City Secretary Contract No. 55767, an agreement for Commission of public art for Diamond Hill Community Center("Agreement"); WHEREAS,Artist's selected fabricator and installer for the Artwork withdrew from the Project; 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 unforeseen changes in subcontractors and the COVID-19 pandemic; WHEREAS, it is the collective desire of both City and Artist to amend the contract to increase the total contract amount, and amend the payment schedule contingency (Section 3.2.f) to accommodate such changes by utilizing available funds from the 2018 Bond Program,Proposition B. 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 revise Article 3 of the Agreement titled "Compensation and Payment Schedule" to adjust milestone payments and to increase the contingency by $8,000.00 for a total contingency of$34,923.00, therefore increasing the total contract amount to $165,196.69. Sections 3.1 and 3.2 are deleted in their entirety and replaced with the following: CSO REC'D JAN I0'23 PM4:55 First Amendment to Fort Worth City Secretary Contract No.56435 1 of 3 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount not to exceed ONE HUNDRED SIXTY-FIVE THOUSAND, ONE HUNDRED NINTY-SIX DOLLARS AND SIXTY-NINE CENTS ($165,196.69),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, mock-ups, fabrication, transportation, installation, remaining Artist's fee of $6,813.00, insurance, incidental costs, an allowance/contingency of$34,923.00, 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. FORTY THOUSAND DOLLARS AND NO CENTS ($40,000.00) upon execution of this Agreement to enable Artist to purchase materials for fabrication. b. TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00) upon Contract Manager's verification of 50%fabrication. C. TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00) upon Contract Manager's verification that the Work is 100%fabricated and ready to install. d. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon Contract Manager's verification that the foundation has been poured. e. THIRTEEN THOUSAND, FOUR HUNDRED SIXTY DOLLARS AND SIXTY-NINE CENTS($13,460.69)upon Contract Manager's verification that the Work has been installed. f. SIX THOUSAND, EIGHT HUNDRED THIRTEEN DOLLARS AND NO CENTS ($6,813.00) 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. An allowance of up to THIRTY-FOUR THOUSAND,NINE HUNDRED TWENTY-THREE DOLLARS AND NO CENTS ($34,923.00) for (1) Costs associated with installation of a decomposed granite pathway which was not included in Artist's budget under the Final Design Agreement; and (2) Costs associated with the Work that are incurred by the Artist due to unforeseen changes in materials, fabrication or installation costs. These contingency funds will include an administrative fee of fifteen percent (15%) of the total amount of contingency funds applied for by Artist, excluding Artist labor and travel, if any. Such payment will be made upon First Amendment to Fort Worth City Secretary Contract No. 55767 2 of 4 (i)rim ipt of supporting,docwzeatlat m by the Conuaet"w faom the Artist and 00 approval by the Conuact Manager of ft additional costs.Any i,nt sod conang=cy funds-")remain with the sty. n_ Fun* pevi dy paid to Artid prior to Ibis FiM An ettdmcu t shall apply krwards the total compensuCo paid to Artist. All otar teats.provisions,cations,covenants and r5cmis of said Agreeincnt not expressty amended kAk dWl remain In{bll faaoe and offb . IN VARM ,the psm*n hmW hasc owattad ft.Ammdttmentt in Fort Worth,Tan= Coonty,T Ws.1.014 day of TW 2432 3 CITY Of FORT WORTH ARTIST r.� Fww4a Coats E:srbeth Aka nabu fbad Assistant City Manner Altlst CONTRACT CO)l MUNCE MANAGER By signing,l ocknov&*that 1 are the person responsible fear the rnanitw ttg and ofthis coutract,including ensuring all pUfor woo;and mpottmg ram. Mrrbalk ptit3ztsdsoe Public Art MaotAsr APPROVED AS TO FORM AND LEGALITY: ,-, 1 n Jfcsslka Walis'n: ft� 0� OFFICIAL RECORD Anistant City Anomep T �•,' CITY SECRETARY ATTEST: FT.WORTH,TX V' 1 CM S.Cro oda l GJ i .scettrmr+,. . Fins A=nlme 4 to Fort Words Cky Smaspiv COW=No.5Y*7 3 of 4 Contract Authorization: Form 1295: 2021-790488 M&C: 21-0739(09/28/2021) First Amendment to Fort Worth City Secretary Contract No. 55767 4 of 4 FORTWORTH Routing and Transmittal Slip PLANNING AND DATA ANALYTICS - FWPA Department DOCUMENT TITLE: DIAMOND HILL CC COMMISSION CONTRACT Al M&C_n/a CPN CSO# DOC# DATE: TO: INITIALS DATE OUT 1. Jessika Williams JJW 1/10/23 2. Fernando Costa 0/zo2l 3. Janette S. Goodall 4. 5. 1- 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: ❑ 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 FORT WORTH Routing and Transmittal Slip PLANNING AND DATA ANALYTICS - FWPA Department DOCUMENT TITLE: DIAMOND HILL CC COMMISSION CONTRACT Al M&C_n/a CPN CSO # DOC# Return to: Please call Michelle Richardson at 214-673-0343 (mrichardson@artscouncilfw.org)for pick up when completed. Thank you.