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HomeMy WebLinkAboutContract 58782-A1 (2)City Secretary Contract No Egr1 � a - 41 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 58782 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND REIGELMAN LLC FOR FINAL DESIGN AND COMMISSION OF PUBLIC ART FOR LAS VEGAS TRAIL ROUNDABOUT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 58782 is entered into by and between the City of Fort Worth, a home -rule municipal corporation of the State of Texas, acting by and through Mark McDaniel, its duly authorized Deputy City Manager, and REIGELMAN LLC D/B/A Mark Reigelman II, a New York limited liability company residing at 141 Spencer St. #402, Brooklyn, NY 11205 (the "Artist"). City has designated the Arts Council of Fort Worth and Tarrant County, Inc., DB/A Arts Fort Worth (the "Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, on January 30, 2023, the City entered into a contract with Artist for Final Design and Commission of the Work for the Las Vegas Trail Roundabout (Fort Worth City Secretary Contract No. 58782), and on July 17, 2023 the FWAC approved the Final Design and recommended that Artist proceed with fabrication and installation; and WHEREAS, the Work was installed on April 19, 2024, is deemed to be complete, and has been accepted by the City; and WHEREAS, due to unforeseen cost increases in materials, fabrication, and installation, the Artist incurred and paid expenses that exceeded the available contingency of $15,750.00 by $1,310.54; and WHEREAS, the contingency administrative fee to the Artist was stated in Article 4.2.i. of the Agreement as I5% of contingency funds; and WHEREAS, City desires to amend the Agreement to reflect a contingency administrative fee to Artist of 18% of contingency funds; 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. Subsection 4.1, "Compensation," and subsection 4.2, "Payment Schedule," of Article 4, "Compensation and Payment Schedule," are hereby deleted and replaced in their entirety to read as follows: 4.1. Compensation. Total compensation to Artist under the Agreement shall be in the amount of ``ONE HUNDRED NINETY-FOUR THOUSAND FORTY-FIVE DOLL IAND v First Amendment to Final Design and Commission Contract, Las Vegas Trail Roundabout Public Art. CSC No. 58 s W o Ni A, TX FIFTY-FOUR CENTS ($194.045.54), which shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, engineering and consulting fees, a remaining Artist's fee of $22,600.00, insurance, all travel expenses, services performed, and materials furnished by Artist under this Agreement, and a contingency of $17,060.54. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 4.2. 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. TEN THOUSAND DOLLARS AND NO CENTS ($10.000.00) upon execution of this Agreement. b. FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) 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-FIVE THOUSAND DOLLARS AND NO CENTS ($35,000.00) within thirty (30) days after Final Design is approved by the FWAC. d. THIRTY-FIVE THOUSAND DOLLARS AND NO CENTS ($35,000.00) upon the Contract Manager's verification that all materials have been purchased. e. TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00) upon the Contract Manager's verification that fabrication of the Work is 50% complete. f. TWENTY THOUSAND DOLLARS AND NO CENTS ($20.000.00) upon the Contract Manager's verification that the Work is complete and ready to install. g. THIRTEEN THOUSAND NINE HUNDRED NINETY-THREE DOLLARS AND NO CENTS ($13,993.00) upon the Contract Manager's verification that installation of the Work is complete. h. NINE THOUSAND NINE HUNDRED NINETY-TWO DOLLARS AND NO CENTS ($9,992.00) 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. i. City may pay Artist contingency funds in an amount up to SEVENTEEN THOUSAND SIXTY DOLLARS AND FIFTY-FOUR CENTS ($17,060.54) for costs associated with the Work that are incurred by the Artist due to unforeseen changes in fabrication First Amendment to Final Design and Commission Contract, Las Vegas Trail Roundabout Public Art, CSC No. 58782 and installation. These contingency funds will include an artist administrative fee of eighteen percent (18%) of the total amount of contingency funds applied for by Artist. Such payment will be made upon (1) receipt of supporting documentation by the Contract Manager from the Artist and (ii) approval by the Contract Manager of the additional costs. NOTE: Artist may request additional travel funds for pre -approval if reasonable costs for two (2) trips exceed $3,000.00 and if additional trips are agreed upon; however, an artist administrative fee shall not be paid by City. J. City will provide an allowance of up to TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) for engineering and consulting. Such payment shall be made upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50% is allowed) for such services attached. k. City will provide a travel allowance of $1,500.00 per trip for two (2) roundtrips to Fort Worth, Texas, during installation and for the dedication, for a total amount up to THREE THOUSAND DOLLARS AND NO CENTS (S3.000.00) for travel costs, should the artist be approved by Project Manager to participate in -person during installation and the dedication. These stipends are provided in accordance with GSA Per Diem Guidelines and shall cover all travel expenses. II. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation due to the Artist. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IV. 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 an electronic signature, shall be treated as and shall have the same effect as an original. First Amendment to Final Design and Commission Contract, Las Vegas Trail Roundabout Public Art, CSC No. 58782 (Signature Page Follows) First Amendment to Final Design and Commission Contract, Las Vegas Trail Roundabout Public Art, CSC No. 58782 IN WITNESS HEREOF, the Parties hereto have executed this First Amendment to be effective as of the date executed by the City. CITY OF FORT WORTH By: Mark McDaniel Deputy City Manager Date: ARTIST: REIGELMAN LLC Reigelman II Date: June 4-=4 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. Name: Anne Allen Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: By: Trey Qual s Assistant City Attorney ATTkST,ED BY By: ,fewP City Secretary -� Xftne+�c. C=Co oa f Form 1295: 2022-923723 M&C: 22-0727 Date: September 27, 2022 C)FACIAL RECORD CIV SECRETARY FT. WOR'r `rX First Amendment to Final Design and Commission Contract, Las Vegas Trail Roundabout Public Art, CSC No. 58782 FORTWORTH Routing and Transmittal Slip PLANNING AND DATA ANALYTICS - FWPA Department TITLE: LAS VEGAS TRAIL ROUNDABOUT FIRST AMENDMENT FINAL DESIGN & COMMISSION CONTRACT N CPN CSO # 58782-A 1 DOC# DATE: TO: INITIALS 1. Trey Qualls TQ 2. Mark McDaniel 3. Janette Goodall 4 5 [.1 DATE OUT 6/5/24 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: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please call Anne Allen at 817-298-3028 or at 817-637-7388 (aallen@artsfortworth.org) for pick up when completed. Thank you.