HomeMy WebLinkAboutContract 33522 CITY SECRETARY
CONTRACT NO. �
AMENDMENT TO CITY SECRETARY
CONTRACT NO. 32083
WHEREAS, on July 14, 2005, the City of Fort Worth ("City") and Donald Lipski
("Artist") made and entered into City Secretary Contract No. 32083 (the "Contract") as
authorized by City Council (M&C C-19978) and the City designated the Arts Council of Fort
Worth and Tarrant County, Inc. as its Contract Manager;
WHEREAS, under the Contract Artist created and installed a sited sculpture for the Fort
Worth Convention Center(the "Work");
WHEREAS, after initial installation of the Work, it became known that the location of the
Artwork was incompatible with certain uses of the Fort Worth Convention Center;
WHEREAS, it the mutual desire of City and Artist to adjust the installation of the
Artwork to a specific height; and
WHEREAS, the City Council authorized contingency funds for the installation of the
sculpture on July 29, 2003 (M&C C-19682).
NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth,
Texas 76102, acting by and through Libby Watson, its duly authorized Assistant City Manager,
and Donald Lipski, whose address is 81 Hampton Street, Sag Harbor, New York 11963, do
hereby agree as follows:
I.
Section 1.2 Artist Selection This section is amended to be and read as follows:
"b. City and Artist agree that the contract amount of TWO HUNDRED SIXTEEN
THOUSAND DOLLARS AND NO CENTS ($216,000) shall be full compensation to
Artist for the completion of the Work as proposed, inclusive of design, execution,
fabrication, transportation, installation, insurance, incidental costs, and Artist's fees. City
and Artist agree that additional compensation up to SEVEN THOUSAND FOUR
HUNDRED FIFTY AND NO CENTS ($7,450) in contingency funds shall be paid to the
Artist for the Adjustment, as hereinafter defined."
II.
Section 1.4 Delivery and Installation This section is amended to be read with the addition of the
following subsections:
"b.1. City and Artist agree that Artist shall adjust the installation of the Work such that
the lowest points of the Work are at least fifteen feet(15') above the floor of the 12t' Street
CONTRACT AMENDMENT CSC NO.32083Ir Page 1
Donald Lispki v U C 1 -.a•
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lobby of the Site (the "Adjustment"). The Adjustment shall be performed on Sunday,
April 23, 2006."
"c.1. City and Artist agree that City shall provide a lift and lift operator to Artist for the
Adjustment. City shall not be responsible for any other labor or equipment to prepare the
Site for or to accomplish the Adjustment."
III.
Article 2 Compensation and Payment Schedule This Article is amended to be read with the
addition of the following section:
"2.4 Payment for Adjustment. The fixed fee set forth in Section 2.1 above shall not
include the amount paid to Artist for the Adjustment. City shall pay Artist a fee for the
Adjustment of SEVEN THOUSAND FOUR HUNDRED FIFTY DOLLARS AND NO
CENTS ($7.450) which shall constitute full compensation for all services and materials
to be performed and furnished by the Artist or any subcontractor of the Artist in
connection with the Adjustment. The fee shall be paid upon completion of the
Adjustment."
IV.
Article 9 Subcontracting This Article is amended to be read with the addition of the following
section:
"9.2 Subcontracting by Artist for Adjustment. Notwithstanding anything in this Article
to the contrary, the Artist may accomplish the Adjustment through a subcontractor. Said
subcontractor may perform the Adjustment without the personal supervision of the
Artist."
All other terms and conditions of City Secretary Contract No. 32083 not amended herein
remain unaffected and in full force and effect, are binding upon the parties, and are hereby
ratified by the parties.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLAND
CONTRACT AMENDMENT CSC NO.32083 w��lj �,4,i1iJ Paget
Donald Lispki I J^n urs� 99
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IN WITNESS WHEREOF, the parties hereto have execu d four copies of this contract
amendment in Fort Worth, Texas,this day of ' 2006.
ATTEST: CITYORT WORTH
t (
By: (�/2L.=
City Secre tfibby W on
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
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Assistant City A orn
L� - Ir`"1 �� D LIPS
Contract Putho iza►tiou
Date
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2006
by Libby Watson, Assistant City Manager, City of Fort Worth, on behalf of the City of Fort
Worth, Tex
f ROSELLABARNES
MY COMMISSION EXPIRES
z'ffQ^^„11th March 31.2DO9 NOTARY PUBLIC,STATE OF TEXAS
STATE OF TSS
7VI §
COUNTY OF TAlUt4Al-T §
This instrument was acknowledged before me on , 2006
by Donald Lipski, Artist.
DEBORAH M.COSGROVE
Notary Public, State Of New York
No. 01006folk 20
co
Qualified In Suffolk County NO PUBLIC, ST E OF TEXAS
Commission Expires November 11, 2006
CONTRACT AMENDMENT CSC NO.32083 w �-� �� Page 3
Donald Lispki
Page 1 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/24/2004
DATE: Tuesday, February 24, 2004
LOG NAME: 25LIPSKIART REFERENCE NO.: C-19978
SUBJECT:
Authorize the City Manager to Enter into a Design Contract and an Artwork Commission Contract
with Donald Lipski for a Sited Sculpture for the Fort Worth Convention Center
RECOMMENDATION:
It is recommend that the City Council:
1. Authorize the City Manager to enter into a design contract with Donald Lipski for design modifications
and engineering for a sited sculpture for the Fort Worth Convention Center in the amount of $24,000, as
authorized on July 29, 2003 (M&C C-19682); and
2. Authorize the City Manager to enter into an artwork commission contract with Donald Lipski for
fabrication, delivery, and installation of a sited sculpture for the Fort Worth Convention Center (FWCC) upon
the City's approval of the artist's final design in the amount of $216,000, as authorized on July 29, 2003
(M&C C-19682); and
3. Authorize the City Manager to increase the artwork commission contract by an amount not to exceed
$30,000 in contingency funds, as may be required based upon final budget estimates for installation for a
total not to exceed $270,000, as authorized on July 29, 2003 (M&C C-19682).
DISCUSSION:
On July 29, 2003 (M&C C-19682), the City Council authorized $500,000 in the Public Events Fund to be
used for the acquisition, delivery, and installation of public art at the Fort Worth Convention Center (FWCC).
On July 8, 2003, the Fort Worth Art Commission (FWAC) recommended that the City commission Donald
Lipski to fabricate, deliver, and install his proposed Texas Star, a large scale, three-dimensional wall-
mounted sculpture to be sited in the 12th Street lobby of the FWCC.
On November 3, 2003, Mr. Lipski presented his original proposal to the FWCC Expansion and Renovation
Steering Committee. The Committee approved the overall concept and suggested location, but requested
that Mr. Lipski propose other materials and a shape that more closely reflects the heritage of Fort Worth.
The design contract's scope of services will include presentations of new designs to both the FWAC and the
FWCC Expansion and Renovation Steering Committee, as well as installation drawings with an engineer's
seal and a detailed budget for all costs associated with the fabrication, delivery, and installation of the
sculpture. The artwork commission contract is contingent upon Mr. Lipski securing design approval of the
FWAC and the FWCC Expansion and Renovation Steering Committee.
The artist's original budget estimate was $240,000; however, due to engineering considerations, the artwork
must be suspended from structural ceiling beams which will be more costly to install. Up to $30,000 in
contingency funds are available to offset increased installation costs, as may be needed to successfully
complete the work.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/24/2006
Page 2 of 3
Artist Selection Process Summary:
In Summer 2002, the FWAC and the Arts Council of Fort Worth and Tarrant County, Inc., which manages
the City's public art program under a contract for services, were asked to conduct an artist selection process
and recommend artworks for the FWCC expansion that would have impact and be enduring and reflective
of Fort Worth's heritage, and relate well with the building's architecture. The FWAC nominated nearly 100
local, regional and national artists, and in February 2003, invited them to submit qualifications, including a
letter of interest, resume, and slides of past work. On March 14, 2003, the selection panel reviewed the
qualifications of 45 artists who responded to the Request for Quotation (RFQ). Nine finalists were chosen,
including:
. Ed and Linda Blackburn, Fort Worth, Texas; and
. Dan Corson, Seattle, Washington; and
. Vernon Fisher, Fort Worth, Texas; and
. Charles Mary Kubricht, Marfa, Texas; and
. Beniot Huerta, Arlington, Texas; and
. Donald Lipski, Amagansett, New York; and
. Jody Pinto, New York, New York; and
. Ann Stautberg, Houston, Texas; and
. Sally Weber, Austin, Texas.
On April 4, 2003, the finalists visited Fort Worth to tour the FWCC and to conduct research. On July 7,
2003, they returned to present their proposals to the selection panel. After careful consideration, Donald
Lipski and Vernon Fisher's proposals were recommended. The selection panel (voting) was:
. Mark Thistlethwaite, Ph.D., TCU Chairman of Art History and Chairman, FWAC
. Javier Aldape, Publisher, Diario La Estrella (Star-Telegram) and FWAC Member
. Helen Sides, Director, Culture Center of the Americas and FWAC Member
. Rick Stewart, Director, Amon Carter Museum and FWAC Member
. Michael Auping, Chief Curator, Modern Art Museum of Fort Worth
. Steve Brubaker, Principal Design Architect, HOK Architects
. Kirk Slaughter, Director, Public Events Department
Donald Lipski has complied with the M/WBE Ordinance by committing to 15% M/WBE participation of the
Commission hard cost. The City's MM/BE goal on this project is15%.
This project is in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Public Events Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C192 531200 020192067002 $270,000.00
Submitted for City Manager's Office by: Joe Paniagua (6140)
Libby Watson (6183)
Originating Department Head: Kirk Slaughter (2502)
Additional Information Contact:
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/24/2006
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Betty Tanner (2502)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 5/24/2006