HomeMy WebLinkAboutContract 33894-A2 City Secretary Contract No.3M 4-P�:�
AMENDMENT No. 2
TO CITY SECRETARY
CONTRACT NO. 33894
WHEREAS, on August 21, 2006, the City of Fort Worth ("City") and Philippe
Klinefelter ("Artist") made and entered into City Secretary Contract No. 33894 (the "Contract")
as authorized by City Council (M&C C-21589) and the City designated the Arts Council of Fort
Worth and Tarrant County, Inc. as its Contract Manager;
WHEREAS, on July 13, 2007, the City of Fort Worth("City") and Philippe Klinefelter("Artist")
amended City Secretary Contract No. 33894 [Amendment#1, City Secretary Contract No.
35533]; and,
WHEREAS, under the Contract, Artist was commissioned to design, fabricate and install
a sculptural water feature (the "Artwork") for Byers Green; and
WHEREAS, the Artist incurred additional unforeseen costs during the fabrication,
delivery and installation of the Artwork that were covered by the Artist; and,
WHEREAS, it is the desire of the City to use contingency funds from the 2004 CIP to
reimburse the Artist for some of the aforementioned costs; and,
WHEREAS, after completion and installation of the Artwork, it was discovered that the
fountain splashes onto the decomposed granite paths outside the diameter of the sculpture, which
may eventually cause over-saturation and destabilization of the ground around the Artwork; and,
WHEREAS, the City desires that the Artist supply the concept, materials and labor necessary
to provide a solution to prevent the water from splashing onto the path; and,
WHEREAS, the City desires to pay the Artist for reasonable travel, materials and labor
necessary to provide this solution; and,
NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth,
Texas 76102, acting by and through Fernando Costa, its duly authorized Assistant City Manager,
and Artist, whose address is 800 Gullett Street, Austin, Texas, 78702, do hereby agree as
follows:
ARTICLE 1
SCOPE OF SERVICES
This section is amended to add Sections 1.I.b.v., 1.I.b.vi and 1.I.b.vii, as follow OFFICIAL RECORD
CITY SECRETARY
1 FT WORTH, TX
1.1. General.
b.
V. Artist shall design, fabricate and install three low, curved splash guards ("Splash
Guards"), carved from Texas Red Granite in the same texture as the Artwork, that shall
be added to the fountain basin and shall act as barriers to prevent the water from
splashing onto the pathways surrounding the sculpture.
vi. Artist shall provide a preliminary, detailed budget in an amount not to exceed
$9,592.00 and sketches for the Splash Guards to the City for the City's approval.
vii. Artist shall provide notations on previously approved working drawings that show
the location and size of the Splash Guards and means of installing same on the Site,
together with such other graphic material as may be requested by City in order to permit
City to carry out structural design review and to certify compliance of the Splash Guards
with applicable statutes, ordinances and regulations. These drawings must have a State
of Texas-licensed Engineer's seal or letter attached, verifying the attachment methods
and that the Artwork can support the additional weight of the Splash Guards, as required
by City.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
A. This section is amended to read as follows:
2.1. Fixed Fee. City shall pay Artist a fixed fee of TWO HUNDRED FORTY
THOUSAND SIXTY-SIX DOLLARS AND NO CENTS ($240,066.00) ("Fee"), which shall
constitute full compensation for all services and materials to be performed and furnished by
Artist under this Agreement. The Fee shall be paid in the following installments, expressed as
percentages (or portions) of the Fee, each installment to represent full and final, non-refundable
payment for all services and materials provided prior to the due date thereof:
a. Forty-four thousand and thirteen dollars ($44,013) upon execution of this
Agreement, recognizing the Artist has already invested time and expense in preliminary design
coordination with City and its consultants.
b. Eighty-eight thousand and twenty six dollars ($88,026) within thirty (30) days
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after City notifies Artist of its approval of the deliverables and services outlined in Section 1.La,
d. and Section 1.4.a.
C. Thirty-three thousand and ten dollars ($33,010) upon the Project Manager's
verification that the Artwork is 50%complete.
d. Thirty-three thousand and ten dollars ($33,010) within thirty (30) days after City
notifies Artist that commencement of delivery and installation of Artwork may begin.
e. Twenty-two thousand and seven dollars ($22,007) within thirty (30) days after
City notifies the Artist of its Final Acceptance of Artwork outlined in Section 1.7.
f. Five-thousand four hundred eight dollars ($5,000) within thirty(30)days after
execution of this amendment.
g. Four-thousand seven hundred and ninety six dollars($4,796) upon City's approval
of the Artist's design and notice to proceed with fabrication of the Splash Guards.
h. Ten-thousand two hundred and four dollars ($10,204) upon Final Acceptance of
Splash Guards.
B. Funds previously paid to the Artist prior to this amendment shall apply toward the total
Fee.
C. All other terms and conditions of City Secretary Contract No. 33894 not amended herein
remain unaffected and in full force and effect.
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IN WITNESS WHEREOF, the parties Pereto have executed four copies of this contract
amendment in Fort Worth, Texas, this day of Bwl- 01(Q,(z , 200
ATTEST: CITY FOR WORTH
f�) By:
City Secret Fernand osta
Assista City Manager
APPROVED AS TO FORM AND LEGALITY:
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Assistant City Atto ey
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PHILIPPE KLIN�E�FE
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OFFICIAL RECORD
CITY SECRETARY
4 FT.WORTH,TX