HomeMy WebLinkAboutContract 45875-A1 CITY SECRETA
CONTRACT NO. �5���
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45875
AN AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK BETWEEN THE
CITY OF FORT WORTH AND
MICHAEL BARTON SHAW D/B/A BART SHAW ARCHITECT
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45875
("First Amendment") is made and entered into by and between the City of Fort Worth, a home-
rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly
authorized Assistant City Manager, and Michael Barton Shaw d/b/a Bart Shaw Architect, a Sole
Proprietorship, located at 610 Grove Street, Fort Worth,Texas 76102.
WHEREAS, on August 21, 2014, the City and Artist made and entered into City
Secretary Contract No. 45875 (the "Agreement"), and the City designated the Arts Council of
Fort Worth and Tarrant County, Inc. as its Contract Manager;
WHEREAS, under the Agreement, Artist is to fabricate, deliver and install public art for
Fairmount Park;
WHEREAS, the City desires to increase the scope of work to have the Artist design,
fabricate and install signage that discourages climbing on Work and to remove a tree stump
within the Site left after City Forestry workers removed a diseased tree;
WHEREAS, one of the Artist's subcontractors did not fulfil.] his agreement to fabricate
and install the surface materials for the tables and steps, which forced the Artist to find a new
subcontractor and accept a cost increase for the materials;
WHEREAS, the Artist requires additional compensation for the additional scope of work
and reimbursement for unanticipated costs associated with the Work; and
WHEREAS, the City wishes to use unspecified funds in the Public Art Fund of the
Specially Funded Capital Projects Fund to cover additional compensation for this project;
WHEREAS, it is the desire of the City and Artist to amend the Agreement to increase the
scope of work and the compensation associated therewith;
NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and
agreements contained herein, do mutually covenant and agree that the Agreement is amended as
fo I 1 ows:
1.
The parties wish to amend Article 2.2 - "Scope of Services"to increase the Artist's scope
of work by requiring the Artist to design, fabricate and install signage discouraging the public
from climbing on the Work; and to remove a tree stump. Article 2.2 is amended to add the
following subsections:
First Amendment to CSC 45875 Execution Copy 2/26/1 1 oN
OFFICIAL.RECORD
R E C E I V MAR 0 6 CITY SECRETARY
AM FT.WORTH,TX
"b. Artwork.
vi. Artist shall design, fabricate and install signage at the Site that discourages the
public from climbing on the Work. Such signage shall be visually cohesive with
other elements of the Artwork Design and shall be approved the Contract
Manager prior to installation."
AND
"d. Tree Stump Removal.
i. Artist shall remove the stump of a tree that was removed by City Forestry staff,
so it does not visually detract from the Work."
II.
The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment
Schedule" to increase the total compensation to the Artist and to amend the payment installment schedule
to reflect the additional payment for the increase in scope of work and to provide a contingency for
unforeseen changes in fabrication and installation costs. Articles 3.1 (Compensation) and 3.2 (Payment
Schedule)are amended in their entirety to read as follows:
"3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount not to exceed SIXTY-NINE
THOUSAND, SIX HUNDRED DOLLARS AND NO CENTS ($69,600.00), which shall constitute full
compensation for all services to be performed and materials to be furnished by Artist under this
Agreement, including, but not limited to, fabrication, transportation, installation, Artist's fee, insurance,
incidental costs, all travel expenses, and any other costs associated with the Work. The Parties may
amend this Agreement to allow for additional payment if additional services are required.
3.2. Payment Schedule.
a_ 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:
i. TWENTY-EIGHT THOUSAND DOLLARS AND NO CENTS ($28,000.00) upon
execution of this Agreement.
ii. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon Contract
Manager's verification of 50°,o fabrication of the Artwork.
iii. FIVE THOUSAND DOLLARS AND NO CENTS (55.000.00) upon Contract Manager's
verification that the Work is ready to install.
First Amendment to CSC 45875 I-wcution Copy 2!20/15 2 oto
iv. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) upon Contract Manager's
verification that signage discouraging the public from climbing on the Work has been
installed at the Site and the tree stump has been removed from the Site.
V. EIGHT THOUSAND DOLLARS AND NO CENTS ($8,500.00) upon Contract
Manager's verification that the Work has been installed.
vi. TWO THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS
($2,000.00) within thirty-five (35) days after Final Acceptance and receipt by City of
such documentation it may require concerning payment of services and supplies rendered
to Artist(see Article 2); provided, however,that final delivery shall not be tendered prior
to the expiration of thirty(30)calendar days after Final Acceptance.
vii. City may pay Artist contingency funds in an amount up to FIVE THOUSAND,ONE
HUNDRED DOLLARS AND NO CENTS($5,100.00) for costs associated with the
Work that are incurred by the Artist due to unforeseen changes in fabrication or
installation costs. Such payment will be made upon(i)receipt of supporting
documentation by the Contract Manager from the Artist and(ii)approval by the Contract
Manager of the additional costs."
11I.
Funds previously paid to the Artist 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.
All terms in this First Amendment that are capitalized but not defined shall have the
meanings assigned to them in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed four co ies of this First
Amendment in Tarrant County, Fort Worth, Texas, this _ day of
2015.
CITY OF FORT WORTH MICHAEL BARTON SHAW
D/B/A BART SHAW ARCHITECT
157
By:
Fernando Costa
Assistant City Manager
First Amendment to CSC 4587i Execution Copy 2/26/[5 3 ol'4
APPROVED AS TO FORM AND LEGALITY:
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Jessica
6nisvMg
Assistaity Attorney
ATTEST: 0F04
-Mary J. Kay $ �0
City Secretary 00 CP
No M&C Required ��XAS o
LOFFICIAL RECORD
SECRETARY
WORTH,TX
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