HomeMy WebLinkAboutContract 42995-A1 mR►SECRETARY qaGl q5-�!-I
RECEIVED FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.42995
A 221016 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
CRYOFFORTWomff TIERNEY MALONE FOR PRELIMINARY DESIGN OF PUBLIC ARTWORK
Ct1YSECREfARy FOR FIRE STATION#42
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 42995 ("First Amendment") is
made and entered into thi SYl`day of , 2016,by and between the City of Fort Worth, a home-
rule municipal corporation of the State of Texas,9cting by and through Fernando Costa, its duly authorized
Assistant City Manager, and Tierney Malone, an individual, of 1612 St. Charles Street,Houston, TX 77003. 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 is designing and constructing Fire Station#42 to be located east of Interstate 35,south
of Rendon-Crowley Road(FM 1187) and just north of Spinks Airport, a City-owned municipal airport in Council
District 6, and the design has changed substantially from the time Artist was originally placed under contract(see
attached revised design and site plan,Exhibit"A");
WHEREAS, the Fort Worth Art Commission (the "FWAC") recommended the Project in its FY2012
Annual Work Plan and Budget(approved by City Council on December 6,2011 as M&C C-25337);
WHEREAS, on March 20, 2012, the City entered into a contract with Artist for Preliminary Design of
the Work for the Site(Fort Worth City Secretary Contract No.42995)("Agreement");
WHEREAS, in 2012, the City planned to fund the design and construction of the new Fire Station#42,
including design and implementation of public art for the site, with Aviation Gas Well Revenue, however that
funding source proved ineligible;
WHEREAS, in 2014, City included funding in the 2014 Capital Improvement Program ("CIP"),
Proposition 4, for the design and construction of Fire Station#42, including design and implementation of public
art for the site;
WHEREAS, funding in the 2014 CIP,Proposition 4, for design and implementation of public art for Fire
Station#42 differs from that originally budgeted in 2012 and it is the desire of the City to inform the Artist of the
new budget; and
WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be
designed;
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:
N
ICIAL RECORD
Y SECRETARY WORTH, TX
Amendment#1,Agreement between the City of Fort Worth and Tiemey Malone Page 1 0
for Preliminary Design of Public Artwork for Fire Station 42,Contract#42995 Execution Copy 6/8/16
I.
The Agreement is amended by deleting the current Exhibits"A"and"D"and replacing them in
their entirety with the exhibits attached to this First Amendment as Exhibits"A"and"D."
I1.
In Article 2.3 "Preliminary Design Deliverables,"Article 2.3(d)is amended by replacing it in its
entirety to be and read as follows:
"d. A preliminary budget estimate, on the budget form attached hereto as Exhibit `5C," for
implementation of a final design of the Artwork in an amount not exceed EIGHTY-SIX THOUSAND
FIFTY DOLLARS AND NO CENTS ($86.050.00) which includes all costs for engineering, materials,
labor, fabrication, delivery, installation, insurance, transportation, a $11,384.00 contingency, remaining
Artist's fee, and all other associated costs for the Work (including, but not limited to, lighting and
travel)."
Ill.
In Article 2.4 "Preliminary Design Review," Article 2.4(c) is amended by replacing it in its
entirety to be and read as follows:
"c. City shall notify Artist of its approval, or disapproval, of the Preliminary Design within thirty (30)
calendar days of Artist's presentation to the FWAC."
IV.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the total
compensation paid to the Artist.
V.
All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF,the pasties hereto have executed four copies of this First Amendment in Fort
Worth,Texas,this day of_ ,2016.
CITY FT W RTH ARTI T
by: l
Fernando CostTierney M
Assistant City M er //
Date:_ 7i Date:�j7 4
Amendment#1,Agreement between the City of Fort Worth and Tierney Malone Page 2 of
for Preliminary Design of Public Artwork for Fire Station 42,Contract#42995 Execution Copy 6/8/16
OFFICIAL RECORD
CITY SECRETARY
FT. . . =y TX
APPROVED AS TO FORM
AND LEGALITY:
- 9n
Jessica S sva g
Assistant qty Attorney II
Form 1295: Not Required
ATTESTED BY:
f
Mary J. Kayser O� F 0
City Secretary �i
M&C—No M&C Required
XAS
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Amendment#1,Agreement between the City of Fort Worth and Tierney Malone Page 3 of
for Preliminary Design of Public Artwork for Fire Station 42,Contract#42995 Execution Copy 6/8/16
Exhibit A:
Fire Station #42 REVISED Facility Design
G'
Fire Station #42 REVISED Facility Design (blue arrows indicate proposed location of artwork on
CMU screening wall)
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Amendment#1,Agreement between the City of Fort Worth and Tierney Malone Page 4 of
for Preliminary Design of Public Artwork for Fire Station 42,Contract#42995 Execution Copy 6/8/16
Exhibit A Continued:
Fire Station#42 Site Plan(Near Spinks Airport)
F__-_ -- -- -_ __-------- -`
1 STONE ROAD
----- ------
j IEW 2Jr
jf VIEW 3 FLAG POLE i
P ETER ROAD`
\ '
aa 111 CP1U SCREEN /
WALL
J
\ - - I A ;
,t
4-HIT I
i
Amendment#1,Agreement between the City of Fort Worth and Tierney Malone Page 5 of
for Preliminary Design of Public Artwork for Fire Station 42,Contract#42995 Execution Copy 6/8/16
Exhibit D:
Sales Tax Exemption
over
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION
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of Fort Worth,Texas
Adrram 1860M Mwaer Ao,ser OrrAbaft ffimw Phmm(Am cant mel n m W
1000 Thraakarokn 3"d :17-3924KW
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Flirt Mforth,Texas M92
I,the purchtaer named above,claim an a ampdon tom psyittent of Was and use taxes(fir the purd=e of taxable
Www described bsbw or on the attached order or iwom)tam:
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Swot add ew Qy,Stew.ZIP owkK
DescrWw d hMM to be pudmsd or on the Oft ed Order Or kwaice
A111 except motor vehicles as iisrad Wow
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Finance DipciorlCFO March 23.2015
NOTE This ow scab rarrrot be issued for to paretaw bow or ra. of a mow vstkb,
TWS CERTiFr—ATE DOES NOT REQ EVW A AUVBER TO 13E VALID
Sebe and tlse Tax`Enenpsmn Numbers"or`Taos Fxwlpr Nufters do not exist.
This cerifteie should be kwrdd*d b the soppier.Do not send the oorr~aerifxmb to the CamplmW of Pubis AmounhL
Amendment#1,Agreement between the City of Fort Worth and Tierney Malone Page 6 of 6
for Preliminary Design of Public Artwork for Fire Station 42,Contract#42995 Execution Copy 6/8/16