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HomeMy WebLinkAboutContract 50758-A2AD6 ,a �a»io7�akCTN0. W /50-IATGL o 161A SECOND AMENDMENT AND SIXTH ADDENDUM TO CITY SECRETARY CONTRACT NO. 50758 This Second Amendment and Sixth Addendum to City Secretary Contract Number 50758 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 Displays LLC, acting through Pamela Suggs, its Director of Operations (the "Contractor"). The City has designated the Arts Council of Fort Worth and Tarrant County, Inc. as its Contract Manager to manage this Agreement on its behalf. WHEREAS, on May 20, 2017, the City and Contractor entered into City Secretary Contract ("CSC") Number 50758 (CSC No. 50758), whereby Contractor agreed to provide specific services for the purpose of assisting with the care and maintenance of the Public Art Collection, two Renewals (CSC No. 50758-R2 and CSC No. 50758-R3 ), one Amendment(CSC 50758-A1AD2), and five Addenda (CSC 50758-AD1, CSC 50758-A1AD2, 50758-AD3, 50758- AD4 and 50758-AD5) (collectively, the "Agreement"); WHEREAS, the Agreement sets forth that the Services to be provided shall be based on the Fort Worth Public Art Annual Work Plan and on an as-needed basis in accordance with fully executed addenda; WHEREAS, on June 18, 2019, Council approved the acquisition of a sculpture titled - Vase With Nine Flowers, a bronze and stainless steel sculpture ("Artwork") by James Surls ("Artist"), a picture of which is attached hereto as Exhibit "M," from Locke/Surls LLC, for the Northeast Corner of Lansford Lane and Montgomery Street, 76107 ("Site"), a picture of which is attached hereto as Exhibit "N," and authorized services specified, including installation, in this Second Amendment and Sixth Addendum in an amount up to $17,150.98 ("Services") (M&C C- 29157); WHEREAS, the Artwork shall be transported and delivered to the Site as detailed in a Artwork Acquisition Agreement with Locke/Surls LLC, as authorized by City Council in M&C C-29157, dated June 18, 2019); WHEREAS, under the original Agreement, Council approved an amount not to exceed $30,000.00 annually for the Term of the Agreement, the Agreement is in its final term, and the City and Contractor wish to amend compensation to allow for site preparation and installation of the Artwork; 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: I. The parties wish to revise Article 4 of the Agreement titled "Compensation," previously amended in CSC 50758-A1AD2 as follows, which increases the compensation amount in CSC 50758 R3 from$30,000.00 to $47,150.98 to allow for additional services to a pTe,rformed' �Fl= �; LCITY FT. WORTH,�` ; Second Amendment and Sixth Addendum to CSC 50758 Execution opy 7122729i Page 1 of 9 "In consideration of the Services to be performed hereunder by Contractor, City promises and agrees to pay Contractor an amount not to exceed FORTY-SEVEN THOUSAND, ONE HUNDRED FIFTY DOLLARS AND NINETY-EIGHT CENTS ($47,150.98) ("Compensation") during the third and final renewal term of the Agreement. Payment hereunder shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, all Services performed and materials furnished by Contractor under this Agreement. The parties acknowledge that the Compensation is not a fixed fee but shall be made on an invoice basis for Services rendered in accordance with this Agreement; therefore, the City is not obligated to disburse the full amount of Compensation under this Agreement unless such payment complies with the terms herein. Contractor shall not perform additional services not specified by this Agreement, unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless the City first approves such expenses in writing." II. The parties wish to set out the Services as follows: 1. The Services to be performed by the Contractor for this Second Amendment and Sixth Addendum are set forth in the Contractor's Proposal ("Contractor's Proposal"), which is attached hereto as Exhibit "O" and incorporated herein for all purposes, and includes all labor, travel, equipment rental and any other expenses required to complete the Services for this Artwork. 2. Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all services to be performed at the direction of the Contract Manager's designated Project Manager and in accordance with this Second Amendment and Sixth Addendum, which shall be executed in accordance with the 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. 3. Existing conditions hidden or concealed and not available for reasonable visual observation discovered during Services will be reported promptly to the Project Manager prior to commencing any further Services. 4. In consideration of the Services to be performed under this Second Amendment and Sixth Addendum, the City agrees to pay the Contractor the actual costs for services in an amount up to Seventeen Thousand, One Hundred and Fifty Dollars and Ninety-Eight Cents ($17,150.98) in accordance with the terms of Article 4 of the Agreement. Any amounts paid in this Second Amendment and Sixth Addendum shall be credited towards the total amount paid under the current Agreement renewal term. Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19 Page 2 of 9 5. Contractor shall coordinate with the City to coordinate the required schedule and availability to access the Site. 6. Contractor shall provide in its final report any information related to the Services provided under this Second Amendment and Sixth Addendum, including before and after documentation noting areas of concern and recommendations. 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 7 of the Agreement. IL All terms and conditions of the Agreement not specifically addressed herein remain in full force and effect and are binding upon the parties. IN WITNESS WHEREOF, the parties hereto have executed five copies of this Second Amendment and Sixth Addendum in Fort Worth, Texas, on day of 2019. CITY FOR WORTH ISPLAYS LLC !l By: By: Dana r I Pa Suggs Interim ssistant tity Manager Director of Operations CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. IV Jennifer Conn, Iublic Art Collection Manager Arts Council of Fort Worth APPROVE S TO FORM AND LEGALITY: Jessica San van Senior Assist t City Attorney 8 8� .� tY Y Form 1295:2019-4 0 3 ATT T- A C ' Mary J. Kayserycitysecretary M&C: C-29157; Date: June 18,2019 ... ..., OFFICIAL RECORD CITY SECRE��RY Second Amendment and Sixth Addendum to CSC 50758 Exiti'�� P e3of9 EXHIBIT M ARTWORK .4 A. , 5 I 5 Y I } fi# K Vase with Nine Flowers, 2015 Bronze and Stainless Steel 204"H x 78"W x 72"D Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19 Page 4 of 9 Z, Y EXHIBIT N SITE k - 4 f00=w :--, Northeast Corner of Lansford Lane and Montgomery Street, 76107 s Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19 Page 5 of 9 EXHIBIT O CONTRACTOR'S PROPOSAL Displays LLC ESTIMATE dba Displays Fine Art Services 626106r St Arlington,TX 76011 DATE ESTIMATE# Metro:817-385-4433 March 26.2019 21262 FAX:817-385-3949 v I S P LAYS LLC www 0snlaysfas.com FINE ART SERVICES BILL TO SHIP TO FORT WORTH PUBLIC ART JENNIFEKS QUOTES ARTS COUNCIL OF FORT WORTH FORT WORTH,TX 76107 FORT WORTH.TX REP TERMS PROJECT IPO# Jennifer Stark Net 30 James Surls Protect ITEM DESCRIPTION PRICE EACH ESTIMATE ADMINISTRATION in fee for INST ARL prc4ect coordination 500.00 500.00 LABOR INST ARL Labor to assisUsupervise pillar pour 1 Art Handler 65.00 52000 Subcontracted service to excavate,prep,pour concrete pier as per furnished plan,and provide traffic control for SUBCONTRACT day of pour and day of removing forms,it needed. S SUBCO T RA excavation, forms, reinforcement, pour placement of 7,087.50 7,087.50 anchor bolts,back ill,and cleanup. 'Template(flange) for anchor bolts on the pier to be provided by Displays. Labor to retun when forms are removed and site is LABOR INST ARL backfilted with earth. DFAS will level flange with nuts 65.00 520.00 and washors and backfrll Adh grout.2 Art Handlers LABOR INST ARL Labor to install James Surls work onto pillar in Fort 65.00 1,300,00 Worth,TX 4 Art Handlers. EQUIPMENT USE 1OK Skytrak for 1 day. 2,000.00 2,000.00 INST ARL EQUIPMENT USE Equipment use. 350.00 350.00 INST ARL MATERIALS INST Materials -Grout, Stainless Steel Anchor Bolts, Nuts, 1,403.10 1,40310 ARL Washers, Flange. SUBCONTRACT Traffic Control. 1,530.00 1.530.00 SVC INST ARL COLLECTION DATE RANGE: DELIVERY DATE RANGE: THIS ESTIMATE IS NOT A CONFIRMATION OF BOOIUNG AND DOES NOT INCLUDE TRANSIT INSURANCE UNLESS Initials Page 1 Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19 Page 6 of 9 EXHIBIT O CONTRACTOR'S PROPOSAL Displays LLC ESTIMATE ft Displays Fine Art Servioas 626106"St ArlNW,TX 76011 DATE ESTIMATE# Metro:817-385-4433 -FAX 817-3853949 D I S P L A S I FINE ART SERVICES OTHBMW NOTED. Thh abmb is bead on lmoerri h0bovisdan.rewhioss ri~pdc[W DFAS ri e*hsroke Tars i bbodiseledds used,Wilke wisimoss of I bw perarthadlerfw1ocal=*aad a SiSwidnesaftwivitsilMalsbarmle. SUBTOTAL _ $ 15,210.60 Thank you for the estimate request. SALES TAX t 0.00 CREDITS $ TOTAL S 15,210.60 Please sea additional pages. Please sign Terms and Conditions page. lnftls Pape 2 Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19 Page 7 of 9 EXMBIT O CONTRACTOR'S PROPOSAL Displays LLC ESTIMATE dba.Displays Fine Art Services 6261061�St Arlington,TX 76011 DATE ESTIMATE# Metro'817-385-4433 March 26,2019 21262 FAX:817-3853949 DISPLAYS LLC www.disolaystimMrn FINE ART SERVICES TERMS AND CONDITIONS THIS IS AN ESTIMATE ONLY AND ALL PRICES ARE SUBJECT TO CHANGE.Displays has the right to subcontract shipping services.The estimate is based on work to be performed during Displays'normal business hours Work performed outside of normal business hours shall be subject to additional charges.All items are assumed to be packed by shipper(PBS),unless otherwise stated.requested,or quoted by estirrrator in writing.Any additions or subtractions to the above list MI void this estimate and a new estimate MI need to be submitted.This is a one-way estmate and its valid for I month from DATE PROVIDED except for prices associated to fuel costs.All prices based on fuel costs are subject to weekly adjustments based on US Department of Energy On-Highway Diesel Fuel prices Adjustments to prices will be reflected on the final invoice. —All projects are subject to 8%Texas state sales tax,unless a credit application andlor a tax exemption form has been filled out, returned to,and approved by Displays.All charges shall be invoiced by Displays.Pending credit approval,all invoices are payable in full within 30 days of the date of the invoice.Any invoice not paid within 30 days will be subject to late charges of I.5%per month Client agrees to pay all reasonable attorneys'fees,costs and other expenses incurred by Displays in seeking to collect any amounts due hereunder, -Displays will not be responsible for any special services not expressly written above,unless agreed to in advance in writing. Special services requested by Client and agreed upon by Displays shall be subject to additional charges.This estimate does not include closure of streets,if required.This estimate does not include providing certificates of insurance,it required by property manager(s). >>Please call or fax four weeks in advance to schedule booking.DFAS reserves the right to invoice a cancetation fee as folim. 72 hours—25%,48 hours—50%,24 hours—100% >>Displays reserves the right to cancel,postpone,and/or reschedule any and/or all projects due to unsafe conditions as a result of weather.lack of proper equipment or staff due to misinformation from the client,ardor unforeseen circumstances,at no financial cost to Displays.A fee of 50%of this estimate or final invoice may be charged 4 a job is postponed due to negligence or misinformation on the part of the client. >>Displays can provide transit and storage insurance for full coverage under the terms of our policy issued by Lloyd's of London for objects that are professionally packed by either our staff or designated agent. Unless insurance its specifically requested and purchased,the shipper agrees to hold Displays,LLC harmless for any dams of physical loss or damage(irrespective of the cause,including negligence) -By signing below,you warrant and represent that you are authorized to contract on behalf of Client,that you are agree with the terms and conditions of this estimate,that you are authorized to make financial obligations for Client,and will therefore be invoiced and responsible for full payment of charges hereunder. SIGN and PRINT DATE Page 3 Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19 Page 8 of 9 r A Displays LLC ESTIMATE dba.Displays Finn?Art Services 626 106,St Arlington,TX 76011 DATE ESTIMATE# Metro'817-385-4433 March 26,2019 21262 FAX:817-385-3949 D I S P l QvS I Ir WwW d!t))1aVSf iS GQm FINE ART SERVICES TERMS AND CONDITIONS THIS IS AN ESTIMATE ONLY AND ALL PRICES ARE SUBJECT TO CHANGE.Displays has the right to sub-contract shipping services.The estimate is based on work to be performed during Displays'normal business hours Work performed outside of normal business hours shall be subject to additional charges.All items are assumed to be packed by shipper(PBS),unless otherwise stated,requested.or quoted by estimator in writing.Any additions or subtractions to the above list will void this estimate and a new estimate will need to be submitted.This is a one-way estimate and is valid for I month from DATE PROVIDED except for prices associated to fuel costs.All prices based on fuel costs are subject to weekly adjustments based on US Department of Energy On-Highway Diesel Fuel prices Adjustments to prices will be reflected on the final invoice. »AII projects are subject to 8%Texas state sales tax,unless a credit application andlor a tax exemption form has been filled out, returned to,and approved by Displays.Ail charges shag be invoiced by Displays Pending credit approval,all invoices are payable in full within 30 days of the date of the invoice.Any invoice not paid within 30 days will be subject to late charges of 1.5%per month Client agrees to pay all reasonable attorneys'fees,costs and other expenses incurred by Displays in seeking to collect any amounts due hereunder, >>Displays will not be responsible for any special services not expressly written above,unless agreed to in advance in writing. Special services requested by Client and agreed upon by Displays shall be subject to additional charges.This estimate does not include closure of streets,if required.This estimate does not include providing certificates of insurance,if required by property manager(s). -Please call or fax four weeks in advance to schedule booking.DFPS reserves the right to invoice a cancelation fee as follows, 72 hours—25%,48 hours—50%,24 hours—100% -Displays reserves the right to cancel,postpone,and/or reschedule any and/or all projects due to unsafe conditions as a result of weather,lack of proper equipment or staff due to misinformation from the client,and/or unforeseen circumstances,at no financial cost to Displays.A fee of 50%of this estimate or final invoice may be charged it a job is postponed due to negligence or misinformation on the part of the client. »Displays can provide transit and storage insurance for fug coverage under the terms of our policy issued by Lloyd's of London for objects that are professionally packed by either our staff or designated agent. Unless insurance is specifically requested and purchased,the shopper agrees to hold Displays,LLC harmless for any claims of physical loss or damage(irrespective of the cause,including negligence). -By signing below.you warrant and represent that you are authorized to contract on behalf of Client,that you are agree with the terms and conditions of this estimate,that you are authorized to make financial obligations for Client,and will therefore be invoiced and responsible for full payment of charges hereunder. SIGN and PRINT DATE Page 3 Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19 Page 9 of 9 M&C Review Pagel of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRIr— TWORTH COUNCIL ACTION: Approved on 6/18/2019 -Ordinance No. 23697-06-2019 DATE: 6/18/2019 REFERENCE C-29157 LOG NAME: 06MONTGOMERY STREET NO.: PUBLIC ART PROJECT CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of an Artwork Acquisition Agreement with Locke/Surls, LLC, in an Amount of$285,300.00, for Purchase, Transportation, Insurance, and Delivery of an Existing Sculpture, Vase With Nine Flowers, for the Northeast Corner of Lansford Lane and Montgomery Street; Authorize an Addendum and Amendment to City Secretary Contract No. 50758 with Displays, LLC, in an Amount Up to $17,150.98 for Footing Construction, Sculpture Installation, Traffic Control, and Contingencies, for a Total Project Cost of $302,450.98; Find that the Use of Funds for Public Art for this Project Complies with the Voted Purpose of the Bonds and the Published Notice of Intent for the Certificates of Obligations; Accept a Gift from Locke/Surls, LLC for the Balance of the Value of the Sculpture; and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an Artwork Acquisition Agreement with Locke/Surls, LLC, in an amount of $285,300.00, for purchase, transportation, insurance during transit, and delivery of an existing sculpture, Vase With Nine Flowers, for the Northeast corner of Lansford Lane and Montgomery Street; 2. Authorize an addendum and amendment to City Secretary Contract No. 50758 with Displays, LLC, in an amount up to $17,150.98 for footing construction, sculpture installation, traffic control, and contingencies; 3. Find that the use of the funds for public art for this project complies with the voted purpose of the bonds and the published notice of intent for the certificates of obligations; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$10,000.00 in the FWPA Montgomery Street Project , and decreasing available funds in Unspecified by the same amount of the Specially Funded Capital Projects Fund, after transfer of $10,000.00 to the FWPA Montgomery Street Project from available funds for delivery, installation, and contingencies for artwork as recommended by the Fort Worth Art Commission. 5. Accept a gift of value of$146,300.00 from Locke/Surls, LLC making the value of the sculpture $431,300.00. DISCUSSION: Vase With Nine Flowers, is a 17-foot tall, free-standing sculpture with an abstracted floral motif, comprised of bronze and stainless steel in James Surls' characteristic style. Surls is a nationally and internationally recognized sculptor who built his career in Texas in the 1980s and 1990s. The sculpture will provide an aesthetic and meaningful focal point along Montgomery Street, a gateway into the Cultural District, the Will Rogers Memorial Complex, and Dickies Arena. The artist has offered the artwork as a partial gift (valued at $146,000.00) as he desires this sculpture be part of the City of Fort Worth's Public Art Collection. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26993&councildate=6/18/2019 7/31/2019 M&C Review Page 2 of 3 On June 26, 2018, additional 2007 Critical Capital Needs Funds were appropriated for a project in this vicinity through M&C G-19323, which brought the total project budget to $324,508.00. The City contracted with an artist to complete a preliminary design for the artwork in the area, but the preliminary design was not approved by the Fort Worth Art Commission (FWAC). The amount deducted from the project budget for the preliminary design contract was $22,825.51. On July 9, the FWAC approved a process to select and acquire a sculpture by James Surls, through Locke/Surls, LLC, a major artist who built his career in Texas and whose work fits the character of the Cultural District. This approach maximizes the impact of the remaining project budget by eliminating additional artist selection and design fees and insures project completion prior to the opening of Dickies Arena. A Curatorial Committee comprised of Cultural District Stakeholders was tasked with making a recommendation of one sculpture from the three that were offered, and on September 10, 2018, the FWAC approved Vase With Nine Flowers. The project was included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan, adopted by the Fort Worth City Council on November 6, 2018, as M&C G-19412. The total remaining project budget was $292,450.98 after deducting the preliminary artist fees and other contract management expenses totaling $9,231.51. An additional $10,000.00 is required to cover some of the installation costs and provide for contingencies. Funding for the prior project in this vicinity was allocated from the 2007 Critical Capital Needs and the 2004 Bond Program, Proposition 1, based on the project's location and relationship to capital improvements that had been funded from those sources; staff recommends that City Council find the use of those funds for this project at this location similarly complies with the voted purpose of the bonds and the published notice of intent for the certificates of obligations. Since the artist is unable to oversee installation, staff recommends that the installation of the sculpture be handled by Displays, LLC, a local company currently under a multi-year agreement with the City to provide professional art handling services. Displays, LLC, has experience with large-scale sculptural installations. PROJECT CONTRACTS BUDGET I CONTRACTS Locke/Suris, LLC- Sculpture $285,300.00 This M&C acquisition and transit costs Footing construction, sculpture installation, traffic control and $ 17,150.98 This M&C contingencies TOTAL $302,450.98 FUNDING SOURCES AMOUNT 2007 Critical Capital Needs $201,057.00 2004 Bond, Proposition 1 $ 91,393.98 Specially Funded Capital Projects Fund $ 10,000.00 TOTAL $302,450.98 M/WBE OFFICE - The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent of total capital project dollars expended on public art annually. FWAC Action -- On July 9, 2018, the FWAC approved a process for purchasing an existing sculpture by James Surls; a Curatorial Committee comprised of Cultural District Stakeholders was tasked with making a recommendation of one James Surls sculpture from the three that were available, and on September 10, 2018, the FWAC approved the Curatorial Committee's recommendation of the Artist's Vase With Nine Flowers. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26993&councildate=6/18/2019 7/31/2019 M&C Review Page 3 of 3 Mayor Pro Tern Dennis Shingleton concurs with the FWAC's recommendation to proceed with purchase, transportation, delivery, and installation of the artwork Vase With Nine Flowers for the Montgomery Street Public Art Project. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon the approval of the above recommendation, funds will be available in the current capital budget, as appropriated, in the 2004 Bond Program and 2007 Critical Capital Needs and from the Specially Funded Capital Projects Fund. Prior to an expenditure being incurred, the participating department has the responsibility to validate the availability of funds. TO Fund I Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund DepartmentT Account Project Program Activity Budget Reference# Amount ID ID I Year i (Chartfield 2) i Submitted for City Manager's Office by: Jay Chapa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Martha Peters (8172983025) ATTACHMENTS 06MONTGOMERY STREET PUBLIC ART PROJECT A02019.docx Displays 1295.pdf FORM 1295.pdf Site map and artwork images. Surls. Montgomery. 9.18.18.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26993&councildate=6/18/2019 7/31/2019