Loading...
HomeMy WebLinkAbout062403-A1 - Construction-Related - Contract - Karl UnnaschCSC No. 62403 -Al FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 62403 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KARL UNNASCH FOR PUBLIC ART FOR RAY WHITE ROAD This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 62403 ("First Amendment"), as previously addended by the Final Design Addendum (City Secretary Contract No. 62403-AD1), is entered into by and between the City of Fort Worth, Texas ("City"), a home -rule municipality of the State of Texas, acting by and through Dana Burghdoff, its duly authorized Assistant City Manager, and Karl Unnasch ("Artist"), an individual located at 31314 Highway 30, Chatfield, MN, 55923. The 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 December 4, 2024, the City and Artist entered into City Secretary Contract No. 62403 (the "Agreement") to develop a Preliminary Design for Public Art for the Site; and WHEREAS, on May 18, 2026, the FWAC approved Artist's Preliminary Design and recommended that the Artist develop a Final Design based on the Preliminary Design; and WHEREAS, on July 14, 2026, the City and Artist entered into City Secretary Contract No. 62403-ADI (the "Final Design Addendum") to develop a Final Design for Public Art for the Site; and WHEREAS, after the Final Design Addendum was executed, the City requested the removal of three of Artist's twenty sculpture designs out of concerns for public safety and requested the Artist create three new sculpture designs to replace them; and WHEREAS, City desires to compensate Artist for the additional design work under the Final Design Addendum by increasing the Artist's Fee by $5,000.00 for a total Artist's Fee under the Final Design Addendum of $32,828.00; and 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Agreement Between the City of Fort Worth and Page 1 of 5 Karl Unnasch for Public Art for Ray White Road I. Sections 16.1 and 16.2 of the Agreement, as previously addended by the Final Design Addendum, are hereby deleted in their entirety and replaced with the following: 16.1. Compensation. Total compensation to Artist under this Final Design Addendum shall be in an amount not to exceed FORTY-NINE THOUSAND THREE HUNDRED TWENTY- EIGHT DOLLARS AND ZERO CENTS ($49,328.00), which shall constitute full compensation for any and all costs associated with this Final Design Addendum, including but not limited to an Artist's Fee of $32,828.00, an engineering and consulting fee allowance of up to $15,000.00, a travel allowance of up to $1,500.00, insurance (if applicable), material samples, and any and all other costs for services performed and materials furnished by Artist under this Final Design Addendum. Any changes requested by the City shall not require City to pay Artist any additional compensation under this Final Design Addendum. Artist and City may amend the Agreement to allow for additional payment if additional services are required. 16.2. Payment Schedule. City agrees to pay Artist in the following installments., each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. SEVEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($7,500.00) within thirty calendar days of the Effective Date of this Final Design Addendum and after City issuance of a purchase order. b. TEN THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($10,500.00) within thirty calendar days after Artist submits the Final Design Deliverables as required under Article 15.4. of this Addendum. c. SEVEN THOUSAND DOLLARS AND ZERO CENTS ($7,000.00) within thirty calendar days after Artist makes presentation of the Final Design to the FWAC pursuant to Article 15.5. d. SEVEN THOUSAND EIGHT HUNDRED TWENTY-EIGHT DOLLARS AND ZERO CENTS ($7,828.00) within thirty calendar days after City's approval of the Final Design. First Amendment to Agreement Between the City of Fort Worth and Page 2 of 5 Karl Unnasch for Public Art for Ray White Road e. City will provide an allowance of up to FIFTEEN THOUSAND DOLLARS AND ZERO CENTS ($15,000.00) for engineering, material samples, mock- ups, professional services, and conservator or other consulting fees, as necessary. Such payment shall be made for actual services rendered only (a retainer fee of up to 50% is allowed) and upon receipt of an invoice from Artist with the original invoice for such services attached. f. City will provide a travel stipend of up to ONE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($1,500.00) for travel costs for up to 1 trip by Artist, provided that Project Manager has approved the travel in writing, in advance. This stipend is provided consistent with GSA Guidelines and shall cover allowable travel expenses after travel occurs up to $1,500.00. II. All terms and conditions of the Agreement, as addended by the Final Design Addendum, that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. First Amendment to Agreement Between the City of Fort Worth and Page 3 of 5 Karl Unnasch for Public Art for Ray White Road IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment as of the date this First Amendment is signed by the Assistant City Manager. CITY OF FORT WORTH: ARTIST: by: Dana Burghdoff (O&'6, 2026 :261 0 Dana Burghdoff Karl Unnasch Assistant City Manager Date: 10/06/2026 RECOMMENDED BY: I�liflori CI I (Qct 5 2026 16:28:53 CDT) 1 idon arLibrary Director Contract Compliance Manager Date: 10-1-2026 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: Trey Qualls Assistant City Attorney a nnnn ATTESTED BY: ..o ono o=o " _ �j oPp,�oo vo*� �aCpq?o5o0.0 Jannette S. Goodall OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Agreement Between the City of Fort Worth and Karl Unnasch for Public Art for Ray White Road Page 4 of 5 City Secretary Form 1295 Not Required Contract Authorization: M&C — No M&C Required First Amendment to Agreement Between the City of Fort Worth and Page 5 of 5 Karl Unnasch for Public Art for Ray White Road FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Anne Allen Subject of the Agreement: First Amendment to City Secretary Contract #62403 for Ray White Road Public Art Project M&C Approved by the Council? * Yes ❑ No II If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes 0 No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No 21 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 104714 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No 0 Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.