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Home My WebLink AboutContract 40164-A10 CITY SECRETAW CONTRACT NO. qO)wt/- TENTH ADDENDUM TO CITY SECRETARY CONTRACT NO. 40164 This Tenth Addendum to City Secretary Contract Number 40164 ("Eighth Addendum") is by and between the City of Fort Worth ("City"), a home-rule municipality organized under the laws of the State of Texas,acting by and through its duly authorized Assistant City Manager, and Unified Fine Art Services, L.L.C. (the "Contractor"). The City has designated the Arts Council of Fort Worth&Tarrant County,Inc.,to manage this contract on its behalf. WHEREAS, on May 7, 2010, the City and Contractor entered into City Secretary Contract Number ("CSC No.") 40164, as amended ("Agreement")whereby Contractor agreed to provide professional art related services for the City on an as-needed basis, including art transportation, large install and deinstall, exhibition installation, minor cleaning and repairs, and installation consultation; WHREEAS, the City and Contractor have entered into several addenda related to the services provided under the Agreement, including CSC Nos.40164-A1, 40164-A2, 40164-A3; 40164-A4,40164-A5,40164-A6, 40164-A7,40164-A8,and 40164-A9; WHEREAS, the parties amended CSC No.40164 on February 150', 2012, to, among other things, increase the total amount of compensation under the agreement, the same being CSC No. 40164-1A; WHEREAS, the agreement provided for an initial three-year term and for the possibility of three,one-year renewals,with the primary term expiring on May 1,2013; WHEREAS, on April 24`x', 2013, the parties executed and renewed the contract for the first one-year renewal period, effective beginning on May 2, 2013, and expiring on May 1, 2014, the same being CSC No. 40164-R1; WHEREAS, on May 2, 2014, the parties executed and renewed the contract for the second one-year renewal period, effective beginning on May 2, 2014, and expiring on May 1, 2015,the same being CSC No. 40164-R2; WHEREAS, on June 1, 2015, the parties executed and renewed the contract for the third one-year renewal period, effective beginning on May 2, 2015, and expiring on May 1, 2016, the same being CSC No. 40164-R3; WHEREAS, the parties now desire to enter into a new addendum for the provision of services associated with an artwork by David Keens titled Chroma Refraction pictured in the attached Exhibit "O" ("Artwork") and located at the Northpark YMCA located at 9100 North Beach Street, Fort Worth, TX 76244; OFFICIAL RECORD CITY SERRETARY Tenth Addendum to CSC 40164 10 Execution Copy(3.21.16) FT. WORTH, TX WHEREAS, the City and Contractor wish to set out the additional Services to be provided per the Agreement that will be specific to this addendum and this Artwork with the intent that further Services may be requested by the City through future addenda; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,the parties agree as follows: SERVICES 1.1 The Services to be performed by the Contractor for this Tenth Addendum are set forth in the Contractor's Proposal ("Contractor's Proposal"), which is attached hereto as Exhibit "P" and incorporated herein for all purposes, and includes all labor, travel, and any other expenses required to complete the Services for this Artwork. 1.2 Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, as needed services ("Services") to be performed at the direction of the Contract Manager and in accordance with written addenda, which shall be executed to this Agreement and incorporated herein for all purposes. Services shall be performed in a professional,workman-like manner and in strict compliance with all terms and conditions in this Agreement. 1.3 Existing conditions hidden or concealed and not available for reasonable visual observation discovered during Services will be reported promptly to the Contract Manager prior to commencing any further Services. 1.4 Services to be performed under this Agreement include the following: General cleaning of the Artwork titled: Chroma Refraction by David Keen. The installation includes forty-six (46) glass forms which hang from 1/16" diameter steel cables using suspension brackets fitted through a single hole drilled in each of the glass elements. The cables are suspended from a Unistrut grid hung inside the skylight well. Thin steel cable is connected to the grid using industry standard swagged metal cable clamps, and attached to the glass using Arakawa SR 35 hanging glass shelving supports inserted through the drilled holes in each piece of glass and cushioned with silicone adhesive. These fixtures are rated to support 65 lbs. each, easily exceeding the support strength required for the estimated 5-12 lb. glass forms. Cleaning must include all elements of the installation including glass forms and steel cables. Team may consult with original artist as necessary. 1.5 In consideration of the Services to be performed under this Tenth Addendum, the City agrees to pay the Contractor the actual costs for services in an amount up to Two Thousand, Five Hundred Dollars and No Cents ($2,500.00) in accordance with the terms Tenth Addendum to CSC 40164 2 of 5 Execution Copy(3.21.16) of Article 3 of the Agreement. Any amounts paid in this Tenth Addendum shall be credited towards the total amount paid under the current Agreement renewal term. 1.6 Contractor shall coordinate with the City to coordinate the required schedule and availability to access the Site. 1.7 Contractor shall take such measures as are necessary to protect the Artwork from loss or damage, including, without limitation, purchasing and maintaining the insurance required in Article 6 of the Agreement. 1.8 All terms and conditions of the Agreement not specifically addressed herein remain in full force and effect and are binding upon the parties. 1.9 All terms and conditions of the Agreement that are not expressly referenced pursuant to this Tenth Amendment shall remain in full force and effect. IN WITNESS W1HE F,the es hereto ave executed five copies of this Tenth Addendum in Fort Worth,Texas,on �y of 2016. CITY OF FORT WORTH UNIFIED FINE ARTS RVICES,LLC By: By: Fernando Costa Victor Bi%Gno to 31 6Sovivp77F, Assistant City Manager Principle APPROVED AS TO FORM AND LEGALITY: Jes Ica svan AssistaM City Attorney ATTEST:, of F�� V �C8OX City Se tary >� o �y No M&C required OFFICIAL RECORD CITY SECRETARY Tenth Addendum to CSC 40164 FT.MORTH,TX Execution Copy(3.21.16) EXHIBIT O The Artwork r i Chroma Refraction by David Keens Tenth Addendum to CSC 40164 4 of 5 Execution Copy(3.21.16) EXHIBIT P Contractor's Proposal Unified FM Arts Staid%,UZ U � I � I ` a 14105 hwood fiord Dale'TR 752W391E FIN E A R T 5 91 vi E- 1�1 Estimate Date � 03/11/216 3752 oast Fat Wash P*&Arts Couoal ienmdlr Cana 1300 Gerdy St Fat Wads,TX 76107 USA — RaW Amount 03111!2016 l.aba-drydmaklen Laos scalpm at Natttpatt YMCA iaFat 9 ?,5.00 2,025.00 Worth TX. 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