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Home My WebLink AboutContract 48602-A1 CITY SECRETARY CONTRACT N0. LN 60 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.48602 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND VOLKAN ALKANOGLU DESIGN,LLC FOR FINAL DESIGN OF PUBLIC ART FOR WESTCREEK DRIVE This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 48602 ("First 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 Fernando Costa, its duly authorized Assistant City Manager, and Volkan Alkanoglu DESIGN, LLC, a Massachusetts business, located at 15 Fernald Drive#22, Cambridge, MA 02138 and acting by and through Volkan Alkanoglu, its duly authorized representative. The 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 Public Art project manager. WHEREAS, on May 8, 2017, Artist made a presentation of his final design for a site-specific wooden art bridge inspired by the mid-century architecture of the neighborhood and the natural formations found in the creek landscape to the Fort Worth Art Commission(FWAC)for review and input; WHEREAS, since that presentation and due to the complexity of the design, Artist in consultation with his engineering firm, has determined that materials testing and additional structural engineering services are needed in order to complete final design, which combined with the already completed geotechnical report,will exceed the$5,000.00 engineering and consulting allowance in this Agreement;and WHEREAS, it is the desire of the City to compensate the Artist for the needed additional engineering services and materials testing; 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 fol ws: OFFICIAL RECORD CITY SECRETARY I FT.WORTH,TX Article 2.5, "Final Design Deliverables," is hereby amended to add the ability for artist to provide materials testing and is replaced in its entirety to read as follows: "2.5. Final Design Deliverables. (a) Within three (3) months after the Effective Date, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.5 to City for approval. Final Design Deliverables shall consist of the following: i. Detailed, design illustrations for the Work for shall,b in a high-resolut�ioa digital format, such as JPEG or TIF files; o ti co µ, nl Amendment#1,Agreement Between the City of Fort Worth and volkan Alkanoglu DESIGN,LLC, Page ] of 4 ✓' For Final Design of Public Art for Westcreek Drive Execution Copy 9/11/17 ii. A final written narrative for the Work, describing the following: (1) Final Design concept and timeline for completion; (2) Proposed materials, fabrication, and installation methods for all elements of the Work, including information regarding Artist's subcontractor(s), if any; (3) Maintenance requirements for all elements of the Work as dictated by Artist, along with cost estimates for annual maintenance; and (4) Proposed public education program to be conducted by Artist during the commission of the Work; iii. A detailed final budget, on the budget form attached hereto as Exhibit "C," for final design and implementation of the Work in an amount not to exceed THREE HUNDRED THIRTY TWO THOUSAND, SEVEN HUNDRED NINETY ONE DOLLARS ($332,791.00), reflecting total costs and inclusive of an artist fee of$49,919.00, engineering and consulting, materials, labor, fabrication, travel,transportation, construction, insurance, footings, installation, all associated costs for the Work and a 20%contingency of$56,574.47. iv. The detailed final budget will be for implementation of the Work through a possible artwork commission contract with City; V. Construct and test material samples and produce a report showing results of flex and compression tests conducted on the specially constructed material samples;and vi. Comprehensive working drawings, detailing the means of installing all elements of the Work on the Site, together with other such graphic material as may be requested by City to permit City to carry out structural design review. Upon City's request,these drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas, as required by City. Artist will obtain and furnish to Contract Manager certificates of professional liability insurance from each such licensed professional and will require the City to be named as a"certificate holder"entitled to notice of cancellation/nonrenewal in accordance with standard practices." 11. Article 3, "Compensation and Payment Schedule," is hereby amended to allow for payments for material testing,engineering, and consulting, and sections 3.1 and 3.2 are replaced in their entirety to read as follows: "3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount of FIFTY ONE THOUSAND,NINE HUNDRED SIXTY DOLLARS ($51,960.00),which shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, artist's fee, engineering Amendment#1,Agreement Between the City of Fort Worth and Volkan Alkanoglu DESIGN,LLC, Page 2 of 4 For Final Design of Public Art for Westcreek Drive Execution Copy 9/11/17 and consulting fees 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. 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: a. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00)upon execution of this Agreement. b. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) within thirty (30) days after Artist submits the Final Design Deliverables as required under Article 2.5 of this Agreement and makes a presentation of the Final Design to the FWAC. C. NINE THOUSAND, NINE HUNDRED SIXTY DOLLARS AND NO CENTS ($9,960,00) within thirty(30)days after the City notifies the Artist of its approval of the Final Design. d. City may pay Artist in an amount up to TWENTY SEVEN THOUSAND DOLLARS AND NO CENTS ($27,000.00) for materials testing, engineering, geotechnical report and consulting fees and a conservator's consultation 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." III. In Article 11, "Miscellaneous," is hereby amended to add a legal requirement effective September 1, 2017 and section 11.18 is added to read as follows: "11.18. Israel. Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,Artist certifies that Artist's signature provides written verification to the City that Artist. (1) does not boycott Israel, and (2) will not boycott Israel during the term of the Agreement" Amendment#1,Agreement Between the City of Fort Worth and Volkan Alkanoglu DESIGN,LLC, Page 3 of 4 For Final Design of Public Art for Westcreek Drive Execution Copy 9/11/17 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 parties hereto have executed four copies of this First Amendment in Fort Worth,Texas,this�aday of Q.,-- 2017. CITY OF FORT WORTH ARTIST by: Fernando Costa Volkan Alkanoglu Assistant ity anager Volkan Alkanoglu DESIGN,LLC Date: 9 /y /7 Date: 9/11/2017 CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ennui iii-all performance and repo;ring requirements. ame�IiffVIV- Title: �Yrlc- lre�'7 APPROVED AS TO FORM AND LEGALITY: Jessica Sangpva Assistant City Attorney OR T LzC- S ATTEST Y: U _ OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX MgJ.Kayser (AS City Secretary - M&C—No M&C Required Amendment#1,Agreement Between the City of Fort Worth and Volkan Alkanoglu DESIGN,LLC, Page 4 of 4 For Final Design of Public Art for Westcreek Drive Execution Copy 9/11/17