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HomeMy WebLinkAboutContract 60959-A1CSC No. 60959-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 60959 This First Amendment to City Secretary Contract No. 60959 is 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 Jesica McEachern, its duly authorized Assistant City Manager, and La Gina Fairbetter (the "Contractor"). City has designated the Arts Council of Fort Worth & Tarrant County, Inc. D/B/A Arts Fort Worth to manage this Agreement on its behalf. WHEREAS, on February 13, 2024, the City and La Gina Fairbetter entered into a professional services agreement (City Secretary Contract No. 60959) for specific services for the purpose of making repairs to a public art installation titled Rodeo Plaza: Legacy of the Land by Steve Teeters ("Agreement"); WHEREAS, the Agreement provided for replacement and restoration of bronze boots necessary to bring the artwork back to its original state; WHEREAS, the City requires additional repairs to a sculptural belt buckle included in the installation after damage by an unknown source was observed and for which subrogation claim IPCO7942 was filed; WHEREAS, the Contractor has provided a preliminary Cost Estimate for Repairs to the Belt Buckle, attached hereto as Exhibit "F" and incorporated herein for all purposes; and WHEREAS, the City wishes to increase compensation under the Agreement to allow for repairs to the belt buckle; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree as follows: I. Section 3 of the Agreement, titled "COMPENSATION." shall be amended by replacing it in its entirety with the following: 3. COMPENSATION. The City shall pay Contractor a total amount not to exceed TWENTY-FIVE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($25,600.00) in accordance with the provisions of this Agreement, Exhibit `B," Exhibit "F," and Exhibit "C." This amount includes a City -held contingency of Four Thousand One Hundred Forty Dollars and Zero Cents ($4,140.00) for costs associated with the repairs that may be incurred by the Contractor due to unforeseen changes in materials or installation costs. The amount under this section shall not obligate City to pay the full amount and shall not be construed as a guaranteed amount payable to Contractor. Payment from the City to the Contractor shall be made on an invoice basis following receipt of a signed invoice with adequate documentation provided at submission of invoice, all in form acceptable to the City. Contractor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The OFFICIAL RECORD First Amendment to Fort Worth City Secretary Contract No. 60959 CITY SECRETARY Execution Copy FT. WORTH, TX page 1 of 6 City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless the City first approves such expenses in writing. If any conflict exists between this Agreement, Exhibit `B," Exhibit "F," and Exhibit "C," the terms of this Agreement shall control, followed by Exhibit "C," followed by Exhibit `B," followed by Exhibit "F." Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless Contract Manager approves such expenses in writing. II. The attached Exhibit "C" shall replace the previous Exhibit "C." The attached Exhibit "F" shall be incorporated into the Agreement for all purposes. IV. The changes herein shall take effect as of the date this First Amendment is signed by the Assistant City Manager. 1� All other terms, provisions, conditions, covenants, and recitals of the Agreement not expressly amended herein shall remain in full force and effect. VI. This First 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 TIF image, or an electronic signature, shall be treated as and shall have the same effect as an original. First Amendment to Fort Worth City Secretary Contract No. 60959 Execution Copy Page 2 of 6 ACCEPTED AND AGREED: CITY OF FORT WORTH ByC��' Jesica McEachern Assistant City Manager Date:N OV 732024 APPROVAL RECOMMENDED: B y M idori Clark (Nov 4. 2024 16:11 CSTI Midori Clark Director, Fort Worth Library CONTRACTOR By. La Gila-ail-betteY La Gina Fairbetter Date: 11 /1 /2024 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. By: Jennifer Conn, Public Art Collection Manager Arts Council of Fort Worth & Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: 7,-Owsl& By- -rr (N� , �naisiimn Trey Qualls Assistant City Attorney ATTEST: By-g-'-c /P l�"/`___ Janllnette Goodall City Secretary 'o444OR ��L Ado oo 000% :o Ovo o=d Cps* 00*� as a 44 rEX A5o4p �nR4644 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 60959 Execution Copy Page 3 of 6 EXHIBIT C COMPENSATION AND PAYMENT SCHEDULE 1. Compensation. a. The City shall pay Contractor an amount not to exceed TWENTY-FOUR THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS ($25,600.00) for all services performed, including but not limited to, materials and supplies, equipment rentals, and labor, insurance, incidental costs, contingencies, transit, travel, and any costs required to replace and restore the artwork in accordance with the provisions of this Agreement. Contractor and City may amend this Agreement to allow for additional payment if additional services are required. b. Services outlined in this Agreement are based on rates in accordance with Exhibit "B" (Work Proposal for Replacement and Restoration of Bronze Boots) and Exhibit "F" (Cost Estimate for Repairs to the Belt Buckle). Compensation for all of Contractor's services performed pursuant to this Agreement shall be made on an invoice basis supported with documentation at invoicing, with total fee, including, but not limited to, all reimbursable expenses. d. Contractor will not bill City for tax pursuant to Contractor's use of Exhibit "D" as outlined in section 1.2 of this Agreement. e. Any additional expenses not outlined in this Agreement or exhibits must be approved in writing by Contract Manager before being added to the invoice submitted to the City upon completion of services under this Agreement. 2. Pavment Schedule. City agrees to pay Contractor 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. EIGHT THOUSAND DOLLARS AND ZERO CENTS ($8,000.00) to cover expenses related to materials and supplies upon execution of Agreement. b. SEVEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($7,500.00) within thirty-five (35) days after repairs have been 50% completed. c. THREE THOUSAND DOLLARS AND ZERO CENTS ($3,000.00) within thirty- five (35) days after repairs have been fully completed and artwork is scheduled to install as approved by the Contract Manager. d. TWO THOUSAND NINE HUNDRED SIXTY DOLLARS AND ZERO CENTS ($2,960.00) within thirty-five (35) days after Artwork has been fully installed and approved by the Contract Manager and receipt by City of such documentation as it may require concerning payment of services and materials rendered. First Amendment to Fort Worth City Secretary Contract No. 60959 Execution Copy Page 4 of 6 The total compensation listed section 1(a) of this Exhibit "C" includes payment for a City -held contingency fund in an amount up to FOUR THOUSAND ONE HUNDRED FORTY DOLLARS AND ZERO CENTS ($4,140.00) for unexpected costs associated with repairs that may be incurred by the Contractor and require (i) receipt of supporting documentation by the Contract Manager from the Contractor and (ii) approval by the Contract Manager of the additional costs in advance. f. Contractor shall submit a signed invoice to the City's Contract Manager for payment under this Agreement within fifteen (15) days of completing services under this Agreement and include any necessary receipts. City shall compensate Contractor in full within thirty (30) days after receipt of Contractor's final invoice and all deliverables. First Amendment to Fort Worth City Secretary Contract No. 60959 Execution Copy Page 5 of 6 EXHIBIT F Cost Estimate for Repairs to the Belt Buckle La Gina Fairbetter laginafairbetter@gmail.com 4604 44th St. Lubbock, TX 79414 Client: City of Fort Worth/Fort Worth Public Art Contact: Jenny Conn, Public Art Collection Manager Email: jconn@artsfortworth.org Payment Terms: Net 60 Days (806) 790-6353 10113124 Work Proposal for repair of the existing Corten and stainless -steel cowboy belt, a part of Steve Teeters' Rodeo Plaza: Legacy of the Land Job Scope: Coordinating Consultant— $100.00 Work includes consultation, administrative fees, and travel as necessary. Coordinate prepare and provide installation recommendations. Repair—$ 2,500.00 Included are materials, supplies, labor, and equipment to straighten the bent steel damage and securely reattach the buckle to the belt replicating the original position of the belt parts at installation. Estimates represent minimum charge and do not include sales tax. Charges may be added or diminished if there is a notable change or shift in job scope First Amendment to Fort Worth City Secretary Contract No. 60959 Execution Copy Page 6 of 6 FORT WORTH Routing and Transmittal Slip Library Department Fort Worth Public Art DOCUMENT TITLE: Vendor Services Agreement between the City of Fort Worth and La Gina Fairbetter M&C CPN DATE: TO: 1. Trey Qualls, Assistant City Attorney 2. Midori Clark, Director, Library Department CSO 6095A1 DOC# INITIALS Nov 1OUT 024 c Nov 4, 2024 3. ACM Jesica McEacerrn Nov 7, 2024 4. Jannette Goodall, City Secretary Nov 7, 2024 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: ElYes FIX No RUSH: ❑ Yes ❑ Nox SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ X ROUTING TO CSO: ❑X Yes ❑ 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 email a copy of the fully executed contract to: Jennifer Conn, Public Art Collection Manager, Arts Fort Worth at con n(a)artsfortworth.orci. Thank you!