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HomeMy WebLinkAboutContract 60580-A1FIRST AMENDMENT TO CITY SECRET ARY CONTRACT NO. 60580 WITH IGNITION ARTS, LLC, FOR REVISED FINAL DESIGN OF THE STOP SIX PUBLIC ART PROJECT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 60580 is entered into by and between the City of Po1t Worth, a home-rule municipal corporation of the State of Texas, acting by and through Mark McDaniel its duly authorized Deputy City Manager, and Ignition Arts, LLC, an Indiana limited liability company , located at 5868 E. 71st Street, Suite E220, Indianapolis, IN 46220, acting by and through Brian Mccutcheon , its duly authorized representative. City has designated the Arts Council of Fort Worth and Tanant County, Inc. D/B/A A1ts Fo1t Worth ("Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Att Project Manager. WHEREAS, on December 8, 2023, the City entered into a contract with Ignition A1ts, LLC, for Revised Final Design of public artwork for the New Site (means and includes Bunche Park, located at 5600 Ramey Avenue, Fait Worth, TX 76119, Fort Worth City Secretary Contract No. 60580); and WHEREAS, due to unforeseen cost increases in engineering, the engineering and consulting allowance of $6,000.00 previously provided is insufficient and needs to be increased to $9,000.00; NOW, THEREFORE, City and Artist, for and in consideration of the covenants and agreements hereinafter set forth 1 the sufficiency of which is hereby acknowledged, agree as follows: I. Article 3 "Compensation and Payment Schedule," subsection 3.1 "Compensation," is hereby amended to read as follows: Total compensation to Implementation Artist under the Agreement shall be in an amount not to exceed THIRTY-FOUR THOUSAND DOLLARS AND NO CENTS ($34,000.00), which shall constitute full compensation for any and all costs associated with the Agreement, including Implementation Artist's fee of $25,000 .00 and an engineering and consulting fee allowance ofup to $9,000.00. Any changes requested by the City shall not require City to pay Implementation Artist any additional compensation under this Agreement. Implementation Attist and City may amend this Agreement to allow for additional payment if additional services are required. II. Article 3 "Compensation and Payment Schedule," subsection 3.2 "Payment Schedule," is hereby amended by replacing section "e." with the following: First Amendment to Revised Final Design Agreement btttw;;;e;;::;e~n11t ;;.eT'1i1 ~f"ffi'wM'llffl-t h and Ignition ,t\£ls, I,,_LC fot,.P~bli Q_, __ -~ Artwork OFFICIAL RECORD -.:, , · ~-;! -; i.: .... , • c~:)=b =~SJ CBTY SECRETARY FT. WORTH, TX e. City shall provide an allowance of up to NINE IBOUSAND DOLLARS AND NO CENTS ($9,000.00) 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. III. Funds previously paid to the A1tist prior to this First Amendment shall apply toward the total compensation paid to the Artist. IV. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. V. This Amendment may be executed in multiple counterpa1ts, 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. (Signature Page Follows) First Amendment to Revised Final Design Agreement between the City of Fort Wo11h and Ignition Arts, LLC for Public Artwork IN WITNESS HEREOF, the Parties hereto have executed th is First Amendment to be effective as of the date executed by the City. CITY OF FORT WORTH IMPLEMENTATION ARTIST: IGNITION ARTS, LLC. By:~ Ma~a~ c~ By:ynMcClrtcheon Deputy City Manager Date: ~/ b(: I 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 rep01ting requirements . ~~ . Name: Anne Allen Title: Public Art Project Manager :e~:= FORM AND LEGALITY: Trey Qualls Assistant City Attorney Form 1295 Not Required Contract Authorization: No M&C Required OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Revised Final Design Agreement between the City of Fort W011h and Ignition A11s, LLC for Public Artwork FORT WORTH Routing and Transmittal Slip FWLab -FWPA ------------ Department TITLE: FIRST AMENDMENT REVISED FINAL DESIGN FOR STOP SIX PUBLIC ART PROJECT CSO# DOC# CPN _____ _ ------------ DATE: TO: INITIALS DATE OUT 1. Trey Qualls TQ 6/6/24 2 . Mark McDaniel I~ -=1/tP/$+ ~ . 3. Janette Goodall 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: 0 Yes X No RUSH: D Yes X No SAME DAY: D Yes X No NEXT DAY: 0 Yes O 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 Recording □ Comment □ File Return to: Please call Anne Allen at 817-298-3028 or at 817-637-7388 (aallen@artsfortworth.org) fo r pick up when completed . Thank you .