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SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 45461
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND JIM HIRSCHFIELD AND SONYA ISHII,LLC
FOR PRELIMINARY DESIGN OF PUBLIC ART FOR EAST ROSEDALE ROUNDABOUT
(HWY 287-MILLER)
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 45461 ("Second
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 its duly authorized Assistant City Manager, and
Jim Hirschfield and Sonya Ishii, LLC, a North Carolina limited liability company, located at 312
Ridgecrest Drive, Chapel Hill,North Carolina, 27514, acting by and through its duly authorized Member,
James N. Hirschfield.
WHEREAS, the City has set aside funds to commission public art/design enhancements in
conjunction with the East Rosedale improvement project (from Highway 287 to Miller Avenue, in
Council District 8) that is included in the Public Art Plan for the 2004 Capital Improvement Program,
adopted by the Fort Worth City Council on May 17,2005 (M&C G-14801);
WHEREAS, the Project was included in the Fiscal Year 2015 Annual Work Plan and Budget,
adopted by the Fort Worth City Council on October 14, 2014 as (M&C C-27031) as part of the City's
agreement with the Contract Manager for administration of the public art program;
WHEREAS, on March 27, 2014, the City and Artist made and entered into City Secretary
Contract No. 45461,an agreement to develop a Preliminary Design for artwork at the Site("Agreement"),
WHEREAS, on November 10, 2014, the Artist presented a Preliminary Design to project
stakeholders for input and to the Fort Worth Art Commission(FWAC) for approval;
WHEREAS, during the November 10, 2014, FWAC meeting, a key stakeholder expressed
concern that the Preliminary Design was not appropriate for the architectural context of the area, which
includes the Texas Wesleyan University (TWU) campus, and requested that the FWAC postpone
approval of the Preliminary Design until more of the community has the opportunity to view the design
and provide input; and the FWAC voted to continue its decision of whether to approve the Preliminary
Design until such time as the design could be seen by more members of the community;
WHEREAS, at a subsequent meeting,key stakeholders requested a second preliminary design be
developed that would address the aforementioned concern, and that both the first and the second
preliminary designs be presented to a large cross-section of the community for input, prior to FWAC
approving either design;
WHEREAS, the FWAC at its meeting of December 8, 2014, requested that the Artist meet with
key stakeholders and develop a second Preliminary Design that responds to the architectural context of
TWU, which will be presented to the community along with Artist's first Preliminary Design, and Artist
agreed to do so;
WHEREAS, this Second Amendment is being executed to reimburse the Artists for higher than
anticipated travel costs associated with the increased scope of services outlined in the First Amendment to
City Secretary Contract No.45461 ("First Amendment");
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 follows:
OFFICIAL RECORD
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Execution Copy 11/19/15pp wp
I.
The parties wish to amend Article 2, "Scope of Services," by amending Section 2.3.1. (a) iv. of the
Agreement and First Amendment by deleting it and restating it to read as follows:
"IV. A preliminary budget estimate, on the budget form attached hereto as Exhibit "B," for final design
and implementation of the Work in an amount not to exceed ONE HUNDRED SIXTY FOUR -
THOUSAND SIX HUNDRED EIGHTY FIVE DOLLARS AND NO CENTS ($164,685.00), reflecting
total costs and inclusive of remaining artist's fees, engineering and consulting fees, travel, materials,
labor, lighting, fabrication, transportation, construction, insurance, installation, a contingency of
$9,057.00 and all associated costs for the Work."
H.
The parties wish to amend Article 3, "Compensation and Payment Schedule," Sections 3.1.,
"Compensation," and 32., "Payment Schedule," to reirnburse the Artists for unexpectedly high travel
costs associated with the increased in scope of work. Sections 3.1. and 3.2. of the First Amendment are
hereby deleted from the Agreement and First Amendment and restated in their entirety to read as follows:
"3.1. Compensation.
Total compensation to Artist under the Agreement shall not exceed THIRTY THOUSAND, NINE
HUNDRED TWENTY-TWO DOLLARS AND TWENTY EIGHT CENTS ($30,922.28), which shall
constitute full compensation for any and all costs associated with this Agreement, including, but not
limited to, engineering and consulting fees, 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. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) 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 (excluding deliverables added by this First Amendment) and makes a presentation(s)
of the Preliminary Design to the FWAC.
iii. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) upon execution of this First
Amendment.
iv. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00)within thirty (30) calendar days
after Artist completes the deliverables included in Section 2.3.(o)-(s) added by the First Amendment.
v. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) within thirty (30) calendar days
after Artist makes a presentation(s) of both Preliminary Designs to the community as outlined in
Section 2.3.(t).
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Execution Copy 11/19/15
A. TWO THOUSAND NINE HUNDRED TWENTY-TWO DOLLARS AND TWENTY
EIGHT CENTS ($2,922.28) within thirty (30) calendar days after the FWAC chooses and
approves one of the Preliminary Designs as outlined in Section 2.3.(u).
vii. City may pay Artist up to TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) for
engineering and consulting fees to fulfill the terms of this Agreement. 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.
viii. City may reimburse Artist up to TWO THOUSAND DOLLARS AND NO CENTS
($2,000.00) for reasonable travel costs in accordance with GSA standard rates, that exceeded
estimated travel costs already included in above payment schedule, incurred in the fulfillment of
the terms of this Agreement. Such payment shall be made upon receipt of an invoice from Artist
with the original invoice for such services attached."
III.
Funds previously paid to the Artist prior to this Second Amendment shall apply toward the total
compensation paid to the Artist.
IV.
All terms and conditions of the Agreement and First Amendment that are not expressly amended
pursuant to this Second Amendment shall remain in full force and effect.
V.
All terms in this Second Amendment that are capitalized but not defined shall have the meanings
assigned to them in the Agreement.
IN WITNESS WHE EOF,the p ties hereto have executed four copies of this First Amendment in Fort
Worth,Texas, this day of jr Rw . ,2015.
CITY OF FORT WORTH JIM HIRSCHFIELD AND
SONYA ISHII,LL
b e4 by:
Fernando Costa James N.Hirschfield
Assistant City Manager Duly Authorized Member
APP VED AS TO FORM
AND GAL Y: ,.
/11 )o'z OFFIC-Ul RECORD
Jessie 'Sangsva g r9"T, M((^ ) 'l '17
Assis t City Attorney
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Execution Copy 11/19/15
ATTESTED BY: ,wy'�� `"�<
0 :.
Mary J. Kayser
City Secretary ` PXAS
A .
Contract Authorization:
M&C—No M&C Required
F!"ICIAL RECORD)
�°"��SECRETARY
'rap INORI"N X
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Execution Copy 11/19/15