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Contract No. 55 7v5 -Al
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 55765
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND JULIE RICHEY MOSAICS, LLC FOR COMMISSION OF
PUBLIC ART FOR NORTH ANIMAL CONTROL
AND SERVICE CENTER CAMPUS
This FIRST AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 55765 ("F irst
Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home-rule
municipal corporation of the State of Texas, acting by and through its dul y authorized Assistant City
Manager, Fernando Costa, and Julie Richey Mosaics, LLC ("Artist"), located at 4707 Algiers Street #103 ,
Dallas , Texas 75207, acting by and through its duly authorized manager, Julie Richey. City has designated
the Arts Council of Fort Worth and Tarrant County, Inc., ("Contract Manager") to manage this Agreement
on its behalf. The Contract Manager shall act through its designated Public Art project manager.
WHEREAS, on May 7, 2021 , the City and Artist entered into City Secretary Contract No. 55765
(M&C C-28714), an agreement for commission of public art for the North Animal Control and Service
Center Campus ("Agreement");
WHEREAS, the idea to work collaboratively with local artists and artisans to create five (5)
interchangeable collars for the three -dim ensional dog sculpture element of the Work to highlight Animal
Control Center events was proposed by Artist and accepted by the Fort Worth Art Commission ("FWAC");
WHEREAS, the collaboration with local artists a nd artisans to implement these collars would
fulfill Artist's public education requirement as required in Article 2.2.f. of the Agreement titled "Scope of
Services";
WHEREAS, funds to implement these collars are available in unused contingency funds for the
Project;
WHEREAS, it is the collective desire of both City and Artist to amend the payment schedule to
reflect the implementation of the collars without changing the total amount of the commission contract.
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:
First Amendment to Fort Worth City Secretary Contract No. 55765
Execution Copy
I Ff !CIAL RECORD
CftTY SECRETARY
I FT. WORTH, TX
I.
The parties wish to amend Article 3 of the Agreement titled "Compensation and Payment
Schedule." Sections 3.1 and 3.2 are deleted in their entirety and replaced with the followin g:
3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount not to exceed THREE
HUNDRED TWENTY THOUSAND FOUR HUNDRED FIFTY-FIVE DOLLARS AND NO CENTS
($320,455.00), 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 , a remaining Artist's fee of $14 ,786.00 , insurance , incidental costs , a
contingency of $56 ,830 .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 . NINETY THOUSAND DOLLARS AND NO CENTS ($90,000.00) upon execution of
this Agreement, so that artist may make down payments to subcontractors to begin
fabrication .
b. SEVEN THOUSAND THREE HUNDRED SEVENTY-FIVE DOLLARS AND NO
CENTS ($7,375.00) upon Contract Manager 's verification that the adoption center mural
component is installed.
c. FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) upon Contract
Manager 's verification that fabrication of the three-dimensional sculpture substrates are
I 00% complete.
d. TWENTY-TWO THOUSAND DOLLARS AND NO CENTS ($22,000.00) upon
Contract Manager 's verification that fabrication of the two-sided steel sculpture substrates
are 100% complete.
e. FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) upon Contract
Manager's verification that fabrication of the gabion plinths are 100% complete.
f. EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00) upon Contract
Manager 's verification that the gabion plinths and mosaic components at campus entry are
installed.
First Amendment to Fort Worth City Secretary Contract No. 55765
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g. FOURTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
($14,500.00) upon Contract Manager's verification that the mosaics inside the adoption
center are installed.
h. FOURTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
($14,500.00) upon Contract Manager's verification that the two-sided sculptures at the
veterinary center are installed.
i. FOURTEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
{$14,500.00) upon Contract Manager's verification that the three-dimensional dog
sculpture at the adoption center is installed.
J. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon Contract
Manager 's verification that the three-dimensional cat sculpture at the adoption center is
installed.
k. NINE THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS
($9,125.00) 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.
I. City may pay Artist contingency funds in an amount up to FIFTY-SIX THOUSAND
EIGHT HUNDRED THIRTY DOLLARS AND NO CENTS ($56,830.00) for
m.
n.
engineering and consulting and for costs associated with the Work that are incurred by the
Artist due to unforeseen changes in materials, fabrication or installation costs , including an
admini strative fee of fifteen percent (15%). Such pay ment 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.
THREE THOUSAND DOLLARS AND NO CENTS {$3,000 .00) upon execution of
Amendment One of the Agreement, so that artist may make down payments to
subcontractors to begin collar design and fabrication.
FIVE THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS
{$5,625.00) upon Contract Manager's verification that the collars for the three-dimensional
dog sculpture at the adoption center are completed.
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First Amendment to Fort Worth City Secretary Contract N o. 55765
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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 recital s of said Agreement not expressly
amended herein shall remain in full force and effect.
First Amendment to Fort Worth City Secretary Contract No. 55765
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment in Fort Worth,
Tarrant County, Texas, this 8th day of Feb. , 2024.
CITY OF FORT WORTH ARTIST
Julie Richey Fernando Costa
Assistant City Manager Julie Richey Mosaics , LLC
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
en~ reporting requirements.
Alida Labbe
Public Art Project and Capital Budget Manager
APPROVED AS TO FORM AND LEGALITY:
/ /.)ua&
By: ~ '-r
Trey Qills
Assistant City Attorney
ATTEST:
Con ract Authorization:
Form 1295: 2020-691405
M&C: 21-0007
Date: January 12 , 2021
First Amendment to Fort Worth City Secretary Contract No. 55765
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OFFI CIAL RECORD
COTY SECRETARY
FT. WORTH T" , "j
I 5
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/12/21 M&C FILE NUMBER: M&C 21-0007
LOG NAME: 03ROCKWOOD CLUBHOUSE PUBLIC ART PROJECT
SUBJECT
(CD 2) Authorize Execution of an Artwork Commission Contract with Laura Walters , in an Amount Up to $146 ,727 .00 for Fabrication , Delivery,
Installation , and Contin gencies for Artwork for the New Rockwood Clubhouse, Located in Rockwood Golf Course and Rockwood Park at 18(51
Jacksboro Highway, Fort Worth, Texas , 76114 , and Find that the Use of Funds for Public Art for this Project Complies with the Voted Purpose of
the Bond Funds
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an artwork commission contract with Laura Walters in an amount up to $146,727.00 for fabrication, delivery,
installation , and contingencies for artwork at the new Rockwood Clubhouse, located in Rockwood Golf Course and Rockwood Park at 1851
Jacksboro Highway, Fort Worth , Texas , 76114 ; and
2 . Find that the use of the funds for public art for this project complies with the voted purpose of the bond funds.
DISCUSSION:
Artist Laura Walters' artwork design for Rockwood Clubhouse is titled "Parallel Evolution". The sculptu re is informed by the principles of the
universal Golden Ratio which are demonstrated in the spiraling shell of fossilized ammonites found on the site and the arc of a golf ball's flight
and the trajectory of a golfers ' swing . These elements , along with the upward sweeping canopy of the mature live oak trees on the golf course,
came together as the artist's inspiration.
Standing twenty (20) feet in height tall and twelve (12) feet in diameter at its widest point, the sculpture will be constructed of stainless steel tubing
to create open curvilinear forms referencing the golf swing and ammonite fossils, casting a complex shadow pattern on the ground . The steel will
be painted a soft yellow color to contrast with the sky and golf greens and will be lit at night by in-ground and above-ground mounted LED lights.
The artwork will be sited in a landscaped median in front of the new Rockwood C lubhouse and will be visible from the golf course and Jacksboro
Highway.
Fort Worth Art Commission (FWAC) Actions:
On June 8, 2020 , the FWAC approved the Preliminary Design by Laura Walters and recommended that she be placed under a Final Design
contract.
On October 12 , 2020, the FWAC approved the Final Des ign by Laura Walters and recommended that she be placed under an artwork
commission contract. On November 16 , 2020 , the FWAC approved the Revised Final Design , which included a color change made by the artist in
response to requests received from stakeholders after the October meeting .
Funding for the project is reflected in the Public Art Plan for the 2018 Bond Program (Proposition D), adopted by City Council on November 6,
2018 (M&C G-19401). The project was included in the Fort Worth Public Art Fiscal Year 2021 Annual Work Plan by City Council on September 22 ,
2020, as M&C 20-0678 .
Park Advisory Board Endorsement:
Staff made a presentation to the Park Advisory Board on December 9, 2020 and it is anticipated that they will endorse the placement of the
sculpture at Rockwood Clubhouse on January 27 , 2021 .
The artist shall require her subcontractors to pull all permits required for this project, however, the City shall waive any fees for these permits as this
project is funded by City bond funds.
Annual maintenance on this project is anticipated to be $1,200.00.
Project Budget Amount City Secretary Contract
roject Management Allocation $42,306.00 CSC #54598
reliminary Design $8,500 .00 CSC #52950
ir================JF== ==========ii
inal Design CSC #54224
ommission and C This M&C
Total
Funding Sources Amount
2018 Bond $211,533.00
!Total I $211,533 .00
M/WBE OFFICE -The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent of total capital project dollars expended on
public art annually.
Council Member Carlos E. Flores concurs with the Art Commission's recommendation to commission Laura Walters to fabricate, deliver, and
install the artwork Parallel Evolution for the Rockwood Clubhouse and Golf Course.
FISCAL INFORMATION/ CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program Fund
for the FWPA Rockwood Clubhouse project to support the approval of the above recommendations and execution of the contract. Prior to any
expenditure being incurred, the Planning & Data Analytics Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head: Mark McAvoy 6222
Additional Information Contact: Martha Peters 298-3025
Expedited