HomeMy WebLinkAboutContract 62213-A1CSC no. 62213-Al
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 62213
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SARAH AYALA FOR
FINAL DESIGN OF PUBLIC ART FOR FIRE STATION 16
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 62213 ("First
Amendment") 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 McEachem, its duly authorized Assistant City
Manager; and Sarah Ayala ("Artist"), an individual residing at 3 605 Dexter A venue, Fart Worth, Texas, 76107.
City has designated the Arts Council of Fort Worth and Tarrant County, Inc., D/B/A Arts Fort Worth (the
"Contract Manager") to manage this Agreement on the City's behalf. The Contract Manager shall act through
its designated Public Art project manager.
WHEREAS, on February 24, 2024, the City entered into an Agreement with Sarah Ayala for Preliminary
Design of the Work for the Site (Fort Worth City Secretary Contract No. 61017);
WHEREAS, on August 19, 2024, the Fart Worth Art Commission ("FW AC") approved the Artist's
Preliminary Design and recommended that Artist develop a Final Design based upon the Preliminary Design for
public artwork;
WHEREAS, on October 30, 2024, the City entered into an Agreement with Sarah Ayala for Final Design
of the Work for the Site (Fort Worth City Secretary Contract No. 62213) (the "Agreement"); and
WHEREAS, after the Agreement was executed, the Artist reached an agreement with her selected
fabricator, Ion Art, who will provide the engineering and design services needed to complete her Final Design,
and based on the quote for these services needs to increase the Engineering and Consulting fee allowance from
$7,000.00 to $15,000.00;
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. Sections 4.1. and 4.2. of Article 4, "Compensation and Payment Schedule," are hereby deleted in their
entirety and replaced with the following:
Execution Copy
ARTICLE 4
COMPENSATION AND PAYMENT SCHEDULE
4.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount not to exceed
TWENTY-TWO THOUSAND SEVEN HUNDRED SEVENTY-FOUR DOLLARS
AND ZERO CENTS ($22,774.00), which shall constitute full compensation for any and
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all costs associated with this Agreement, including but not limited to engineering and
consulting fees, an Artist's fee of $7,774.00, material sample mock-ups, and services
performed and materials furnished by Artist under this Agreement. Artist and City may
amend this Agreement to allow for additional payment if additional services are required.
4.2. 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. TWO THOUSAND DOLLARS AND ZERO CENTS ($2,000.00) upon
execution of this Agreement.
b. TWO THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS
($2,500.00) within thirty days after Artist submits the Final Design Deliverables,
as required in Article 3.1. of this Agreement.
c. ONE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS
($1,500.00) within thirty days after Artist makes a presentation of the Final
Design to the FWAC.
d. ONE THOUSAND SEVEN HUNDRED SEVENTY-FOUR DOLLARS
AND ZERO CENTS ($1,774.00) within thirty days after Final Design is
approved by the FWAC.
e. City will provide an allowance of up to FIFTEEN THOUSAND DOLLAR5
AND ZERO CENTS ($15,000.00) 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.
II.
All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in fu11 force and effect.
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IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to be effective as of the date this First Amendment is executed by the City.
CITY OF FORT WORTH
By:�
Jesica McEachem Assistant City Manager
ARTIST: SARAH AYALA
Date: DateJan 10, 2025 ------------
Recommended for Approval by:
.ft Mido,i Clack (Jan a, 2025 09·19 CST)
Midori Clark Library Director
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:
B�_w-_�_· -------Trey Qualls Assistant City Attorney
ATTESTED BY Byr--1
.ko,..,
Janette Goodall City Secretary
Form 1295 Not Required
Contract Authorization:M&C -No M&C Required
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