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Home My WebLink AboutContract 56345-A1GM�cR � COAI'rRACT AIO. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 56345 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CME CREATIVE, LLC D/B/A CLIFTON CROFFORD STUDIOS FOR COMMISSION OF PUBLIC ART FOR WEST MAGNOLIA AVENUE This FIRST AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 56345 ("First 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 duly authorized Deputy City Manager, Mark McDaniel, and CME Creative, LLC D/B/A Clifton Crofford Studios, located at 1940 5th Avenue, Fort Worth, Texas 76110, acting by and through its duly authorized agent and manager, Clifton Crofford. City has designated the Arts Council of Fort Worth and Tarrant County, Inc. D/B/A Arts Fort Worth ("Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, on September 17, 2021, the City and Artist entered into City Secretary Contract No. 56345 (pursuant to M&C 21-0232), an agreement for commission of public art for West Magnolia Avenue ("Agreement"); and WHEREAS, on December 15, 2023, the first of three sculptures that comprise the Work for the Site was installed; and WHEREAS, to expedite fabrication of the remaining two sculptures that comprise the Work, a new fabrication method was proposed by Artist and recommended for acceptance by the Contract Manager; and WHEREAS, existing funds are available in the unused contingency funds for the Project, but $2,691.00 of additional funds are required to implement the fabrication changes; and WHEREAS, it is the collective desire of both City and Artist to amend the Compensation and Payment Schedule to reflect the implementation of the new fabrication method and to add $2,691.00 to 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 AL RECORD Execution copy CRETi4RY ILORTH, 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 following: 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount not to exceed ONE HUNDRED SEVENTY-THREE THOUSAND FIVE HUNDRED NINE DOLLARS AND NO CENTS ($173,509.00), 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 $5,561.00, insurance, incidental costs, a contingency of $3,723.00, 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. Pavment 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. SIXTY THOUSAND FOUR HUNDRED FIFTY-FIVE DOLLARS AND NO CENTS ($60,455.00) upon execution of this Agreement, so that Artist may make down payments to subcontractors to begin fabrication. b. TEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($10,500.00) upon Contract Manager's verification that the fabrication of the first sculpture is 50% complete. C. ELEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($11,500.00) upon Contract Manager's verification that fabrication of the first sculpture is 100% complete. d. FOURTEEN THOUSAND EIGHT HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS ($14.825.00) upon Contract Manager's verification that fabrication of the second sculpture is 50% complete. e. ELEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($11,500.00) upon Contract Manager's verification that fabrication of the second sculpture is 100% complete f. FOURTEEN THOUSAND EIGHT HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS ($14,825.00) upon Contract Manager's verification that fabrication of the third sculpture is 50% complete. First Amendment to Fort Worth City Secretary Contract No. 55765 2 Execution Copy g. ELEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($11.500.00) upon Contract Manager's verification that fabrication of the third sculpture is 100% complete h. FOURTEEN THOUSAND SIX HUNDRED EIGHTY-ONE DOLLARS AND NO CENTS ($14.681.00) upon Contract Manager's verification that the Work is installed. i. TEN THOUSAND DOLLARS AND NO CENTS ($10.000.00) within thirty-five (35) days after Final Acceptance and receipt by City of such documentation as 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. j. City may pay Artist contingency funds in an amount up to THREE THOUSAND SEVEN HUNDRED TWENTY-THREE DOLLARS AND NO CENTS ($3,723.00) for 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. 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. Any unused contingency funds shall remain with the City. k. TEN THOUSAND DOLLARS AND NO CENTS ($10.000.00) upon Contract Manager's verification that Artist has contracted with foundry for expedited fabrication of second and third sculptures. II. Funds previously paid to Artist prior to this First Amendment shall apply towards the total compensation paid to Artist. All other terms, provisions, conditions, covenants, and recitals of said Agreement not expressly amended herein shall remain in full force and effect. First Amendment to Fort Worth City Secretary Contract No. 55765 3 Execution Copy IN WITNESS WHEREOF, the parties hereto have executed this Amendment in Fort Worth, Tarrant County, Texas, this i'T' , day of -A 2024. CITY OF FORT WORTH By: Mark McDaniel Deputy City Manager ARTIST Clifton Crofford CME Creative, LLC d/b/a Clifton Crofford Studios 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: %4.2cL QGCc2�X,� By: �J Trey Qualls Assistant City Attorney ATTEST: B nJaGoodall Ctary Contract Authorization: Form 1295:2021-725579 M&C #: 21-0232 DATE: April 6, 2021 First Amendment to Fort Worth City Secretary Contract No. 55765 Execution Copy FORTWORTH Routing and Transmittal Slip FWPA /FWLab Department DOCUMENT TITLE: Magnolia Avenue Artwork Amendment 1 to Commission Agreement with CME Creative LLC, D/B/A Clifton Crofford Studios. M&C N/A CPN DATE: September 16, 2021 TO: 1. Trey Qualls 2. Mark mcDaniel 3. Jannette Goodall 4. 5. a CSO # DOC# INITIALS DATE OUT TQ 3/14/24 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: El Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No ROUTING TO CSO: X Yes ❑ No Action Reauired: ❑ As Requested ❑ For Your Information ❑X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Via email to Alida Labbe, Arts Council of Fort Worth at alabbe(aD.artscouncilfw.orq Thank you.