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HomeMy WebLinkAboutContract 57689-A1J CITY SE CRETARY A CX)NTRACT NO. 57 lo <x<=t -I FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 57689 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND AREA C PROJECTS FOR FINAL DESIGN AND COMMISSION OF PUBLIC ART FOR FAR SOUTHWEST LIBRARY This FIRST AMENDMENT TO CJTY SECRET ARY CONTRACT NO. 57689 is entered into this Vh::~, day of J)tt..~\;,~ , 2022 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 (the "City"), and Erik Carlson , an individual, OBA as Area C Projects, located at 2 Westwood Avenue, Cranston , RI , 02905. City has designated the Arts Council of Fort Worth and Tarrant County lnc ., to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, on June 15 , 2022, the City entered into a contract with Artist for Final Design and Commission of the Work for the Site (Fort Worth City Secretary Contract No. 57689); WHEREAS, after the contract was executed and the Artist had completed Final Design of the structural elements of the artwork it was determined the Artist will collect artwork content during the commission phase of the Work not the Final Design phase as stated in the contract in 4 .2.i.; WHEREAS, it was determined this content should be shared with the Art Commission for review prior to the Project Manager giving permission to the Artist to install the Work ; WHEREAS, on October 17, 2022 , the Fort Worth Art Commission ("FWAC") approved the Artist's Final Design of the structural elements and recommended that the Artist begin fabrication of same so the artwork may be installed in conjunction with the City 's completion of the library ; with the understanding that artwork content being collected concurrently with fabrication will be shared with the Art Commission for review at a future date, prior to artwork installation . WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed , fabricated , delivered, and installed to promote the integrity of Artist's ideas and statements as represented by the Work. 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 4, "Compensation and Payment Schedule," subsection 4.2, "Payment Schedule," is hereby deleted and amended in its entirety to read as follows: ARTICLE4 COMPENSATJON AND PAYMENT SCHEDULE 4.2 Payment Schedule. City agrees to pay Artist in the following installments set forth below, each Amendment l , Contmcl No . 57689, Agreement with Erik Carl~ SCAN NE" dba Area C projects , for Final Des ign and Commi ss ion o f Pub , , Artwork for Far Southwest Library CBTV SECRETARY FT. WORTH, TX final , non-refundable payment for all services and materials provided prior to the due date thereof: a. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) upon execution of this Agreement. b. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) 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. THIRTY THOUSAND DOLLARS AND NO CENTS ($30 2000.00) within thirty (30) days after Final Design is approved by the FW AC . d. THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) upon the Contract Manager's verification that the Work is 25% complete. e. THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) upon the Contract Manager's verification that fabrication of the Work is 50% complete. f. g. h. I. FIFTEEN THOUSAND .DOLLARS AND NO CENTS ($15,000.00) upon the Contract Manager's verification that the Work is complete and ready to install. SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) after the Artist presents the artwork content to the FW AC for review. EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00) upon the Contract Manager's verification that installation of the Work is complete. EIGHT THOUSAND, SIX HUNDRED SIXTY-SIX DOLLARS AND .NO CENTS ($8 1666.00.) 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. J. A travel stipend of TWO THOUSAND, NINE HUNDRED FIFTY DOLLARS AND NO CENTS ($2,950.00) for travel costs for two trips should the artist be approved by Project Manager to participate in-person during design and installation. Stipend amounts are based on current air and ground transportation costs and General Services Administration (GSA) guidelines for lodging and per diem in Fort Worth, TX, and shall cover all travel expenses, as follows: TWO THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($2 ,200 .00) for a one-week residency for data collection during the time when the structural elements are being fabricated ; and, SEVEN HUNDRED FTFTY DOLLARS AND NO CENTS ($750.00) for one (1) roundtrip to Fort Worth , Texas during installation of the Work. k. City may pay Artist contingency funds in an amount up to SIXTEEN THOUSAND FOUR HUNDRED EIGHTY-EIGHT DOLLARS AND NO CENTS ($16,488.00) for costs associated with the Work that are incurred by the Artist due to unforeseen changes in fabrication, installation or travel costs (provided that reasonable travel costs are in excess of$2 950.00 due to unforeseen cost increases or if artist is approved by Project Manager to make an additional trip to Fort Worth , Texas) and are Amendment I, Contract No . 57689 Agreement with Erik dba Area C prajects , for Final De sign and Commission of Public Artwork for Far outhwest Library 2 .. preapproved by Project Manager. These contingency funds will 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 . II. Funds previously paid to the Artist prior to this First Amendment shall apply toward lhe total compensation paid to the Artist. m. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. rv. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 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) Amendment I, Contract No. 57689 , Agreement with Erik Carl son , dba Area C projects , fo r Final Des ign and Commi ssion of Public Artwork for Far SouU1we st Library 3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in Fort Worth, Texas, this (; f". day of PecMt.,bu • 2022. CITY OF FORT WORTH By:A ~--c;J Fernando Costa Assistant City Manager Date: _...;../..:;.;;',2,~/4.;;,q,_/2..;..;z:....o.:...:.,z..::.:.z:;___ CONTRACT COMPLIANCE MANAGER: Erik Carlson, OBA Area C Projects Date: \ 2-( O <.o l 2-C) 2... 'L By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including all performance a d reporting requirements. //I t .?L. e: Anne Allen Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: By: ~\J) Jessika Williams Assistant City Attorney ATTESTED BY: By: ~-A ~ ~o.f\+..&. Janette~ City Sec tary Form 1295: 2022-854924 M&C: 22-0296 Date: April 26, 2022 Amendment I, Contract No. 57689 , Agreement wilh Erik Carlson . dba Arco C projects. for Final Des ign and Commission or Public Artwork for Far Southwest Library ,.... .. 1· ····• ... ! \ . : . ... : ., .. .. , .. · ...... . .. •·· -· OFflCiAL RECORD CITY SECRETARY FT. WORTH, TX 4 • .. fORTWORTH Routing and Transmittal Slip PLANNING AND DATA ANALYTICS -FWPA ---------- Depa rt men t DOCUMENT TITLE: AMENDMENT #1, FAR SOUTHWEST LIBRARY FINAL DESIGN & COMMISSION CONTRACT M&C 22-0296 CPN CSO # 57689 DOC# DATE: TO: INITIALS DATE OUT 1. Jessika Williams JJW 12/6/22 2. Fernando Costa ~ 12/4/20.zz JAt.:>f\e\\~ ~)1 I z./ <P l-z,02.-7 3. JaAette Goodall V 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: 0 Yes~ No NEXT DAY: D Yes X 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 Record ing □ Comment □ File Return to: Please call Anne Allen at 817-298-3028 (aallen@artsfortworth.org) for pick up when completed . Thank you.