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HomeMy WebLinkAboutContract 45310-A1 CITYSECRETARY "G ON �'RACT%90 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45310 AGREEMENT BETWEEN THE CITY OF FORT WORTH , ELIZ BROTHER FOR PRELIMINARY DESIGN OF PUBLIC ART FOR THE BOB BOLEN PUBLIC SAFETY COMPLEX This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45310 ("First Amendment") is made and 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 its duly authorized Assistant City Manager, and Beliz Brother ("Artist"), an individual who resides at 3843 S Brandon Street, Seattle, Washington 98118. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its designated project manager. WHEREAS, City and Artist entered into City Secretary Contract No. 45310 ("Agreement") on January 27, 2014, whereby Artist would provide City a preliminary design ("Preliminary Design") for a finished object of art and design("Work")at 505 West Felix Street("Site"); WHEREAS, on January 12, 2015, Artist made a presentation of her Preliminary Design to the Fort Worth Art Commission("FWAC")for review and input; WHEREAS,on June 8, 2015,Artist made a second presentation of her Preliminary Design to the FWAC,and the FWAC approved the Preliminary Design,but did not approve a location for the Work; WHEREAS, on June 8, 2015,Artist created a mockup on a proposed location in the courtyard of the complex, to demonstrate the visibility of the Work in the location recommended by the Artist; WHEREAS, on July 13, 2015, the FWAC approved the Artist's recommendation of the courtyard as the location for the Work; WHEREAS, subsequently City Council expressed concern that the courtyard location is not frilly accessible to the public as it requires passing through security to experience the Work up close, and have requested a new, public location at the Site be chosen for the Work prior to commencing final design of the Work; WHEREAS, Artist will make a minimum of three (3) additional trips to Fort Worth to select a new location at the Site and present the new location to the FWAC and community; WHEREAS,Artist will make adjustments to the approved Preliminary Design and conduct a soil test,as needed, so that the Work will fit the conditions of the new location at the Site; WHEREAS, it is the desire of the City to compensate the Artist for the additional travel, soil testing, and design work; 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: 1""1( CORD CITY SECR VARY �(,w AAK,) %'d'H "�G First Amendment to CSC#45310 with Beliz Brother execution copy 11/12/15 � ,� � y 1 0 4 ....... In Article 2.1 "Scope of Services," add provision for artist to make three additional trips to Fort Worth to recommend a new,public location at the Site, and to present the new location and any changes to the Preliminary Design to the FWAC and community. Article 2.1 is amended by changing subsection (f)and adding subsection(j)to be read as follows: "(f) Artist shall design a Work that shall be located in a public area (not a secured area) that provides full access to the public without the need to pass through security, including but not limited to, the parking areas and landscaped entrance area, the outer lobby of the administration building or other locations as may provide public access. The specific location at the Site where the Work will be installed shall be mutually agreed upon by City and Artist. (j) Artist shall make a minimum of three (3) additional trips to Fort Worth for the purpose of selecting a new location at the Site for the Work pursuant to Section 2.3(a)(v) and presenting the new location at the Site and any revisions to the approved Preliminary Design to the FWAC and community." II. In Article 2.3 "Preliminary Design Deliverables," add provision for Artist to make adjustments to the Preliminary Design, and have soil testing done, as needed, so the Preliminary Design will fit the conditions of the new location at the Site. Article 2.3(a) is amended by replacing subsection (iv) in its entirety and adding subsection(v)to be and read as follows: "iv. A preliminary budget estimate, on the budget form attached hereto as Exhibit "B," for final design and implementation of a final design of the Work in an amount not to exceed THREE HUNDRED SIXTEEN THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($316.100.00), reflecting total costs and inclusive of remaining artist's fees, engineering fees, travel, materials, labor, lighting, fabrication, transportation, construction, insurance, installation, and all associated costs for the Work. V. If City and Artist do not agree on a location at the Site for the Artwork, Artist shall recommend a new,public, accessible location at the Site for the Work. Artist will also conduct a soil test, as needed, at any new location at the Site to determine the type of footing required to support the Work. Artist will also need to make adjustments as needed to the approved Preliminary Design so that it fits the conditions of the new location at the Site and will make necessary presentations to the FWAC and the community to gain approval of the new location at the Site." III. First Amendment to CSC#45310 with Beliz Brother execution copy 11/12/15 2 of 4 In Article 3 "Compensation and Payment Schedule,"amend sections 3.1 "Compensation"and 3.2 "Payment Schedule" to allow for payments for three (3) additional trips, additional design and soil testing. Article 3, sections 3.1 and 3.2 are replaced in their entirety to be and read as follows: 443.1. Compensation. Total compensation to Artist under the Agreement shall be THIRTY-THREE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($33,900.00), which shall constitute full compensation for any and all costs associated with the Agreement, including, but not limited to, all travel expenses, 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. 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. NINE THOUSAND DOLLARS AND NO CENTS ($9,000.00)upon execution of this Agreement. ii. SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00)within thirty(30) calendar days after Artist submits all of the Preliminary Design Deliverables required under Article 2.3 of this Agreement and makes a presentation of the Preliminary Design to the FWAC pursuant to Article 2.4(a). iii. SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00)within thirty(30) calendar days after Artist submits revisions, if any, to the Preliminary Design Deliverables as may be required under Article 2.3 of this Agreement and makes a final presentation of the Preliminary Design to the FWAC. iv. THREE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($3,900.00) within thirty (30) calendar days after City's approval of the Preliminary Design. v. FIVE THOUSAND,FIVE HUNDRED DOLLARS AND NO CENTS ($5,500.00) within thirty(30)calendar days after Artist makes a presentation of a new location at the Site under Section 2.3(a)(v) and any revisions of the Preliminary Design to the FWAC and the FWAC approves the new location at the Site and any revisions to the previously approved Preliminary Design. iv. City may pay Artist up to THREE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($3,500.00) as a reimbursable for travel in accordance First Amendment to CSC#45310 with Beliz Brother execution copy 11/12/15 3 of 4 with standard GSA rates, and for soil testing fees as needed, in order to fulfill the terms of this Agreement. Payment for soil testing shall be made upon receipt of an invoice from Artist with the original invoice, and a retainer fee of up to fifty percent (50%) is allowed for such services attached thereto." VI. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation paid to the Artist. VII. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect, *1/1 the executed four copies of this First Amendment in Fort y of part* hereto have e x,,2015. IN WITNESS WHE Worth,Texas,this CITY OF FORT WORTH ARTIST bytmm. Fernando Costa Bel z Brothel Assistant ity anager V I � Date: 3 41� Date. APPROVED AS TO FORM AND ILEGALIT Jessi a svangt Assista t C�ty Attorney ' ATTESTED BY ; 4 City x�a �Wr r y , a f it e/ M&C—No M&C Required 4,,)F1"1MA0. RECORD CITY SECRE11"ARY R I II 7 ...�. First Amendment to CSC#45310 with Beliz Brother execution copy 1 1/12/15 4 of 4