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HomeMy WebLinkAboutContract 39962-A1 (2)FIRST AMENDMENT TO CITY SECRETARY CONTRACT N0.39962 WHEREAS, on March 15, 2010, the City of Fort Worth ("City") and CORSON STUDIOS, L.L.C. (the "Artist") entered into City Secretary Contract No. 39962 (the "Contract"), and the City designated the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager; WHEREAS, under the Contract, Artist is finalizing the design of a sculptural installation composed of multiple acrylic stylized longhorn/bird components with internal LED illuminations (the "Work") for installation at the Hemphill -Lamar Connector (the "Site"); WHEREAS, Artist has been asked to fabricate and mockup a prototype component to demonstrate the Work in Fort Worth; and WHEREAS, it is the mutual desire of City and Artist to amend the Contract to increase the Artist's scope of work to include the prototype for an additional fee, including travel expenses. 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, acting by and through Dan Corson, its authorized member, do hereby agree as follows: I. 1.1 Scope of Services. Subsection f. is amended to be read as follows: f. Artist shall mockup a prototype of the Work in Fort Worth and present the Final Design to the Mayor's Steering Committee, community stakeholders, and City Officials for input. Artist shall also present the Final Design to the FWAC for review and approval at dates and times and locations mutually agreed upon. II. 1.2. Final Design Deliverables. This Section is amended to be read as follows: a. Within two (2) months after the execution of this Amendment, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.2.a.i.—vi. (collectively referred to as the "Final Design Deliverables") to City for approval. Final Design Deliverables shall consist of the following. i. Sketches, mockups, technical, and budget information, or any other information as may be reasonably requested by the Project Consultants in order to incorporate Artist's Conceptual Design into drawings xande ngs, CONTRACT AMENDMENT # 1 Corson Studios, L.L.C. (Hemphill- Lamar Connector) OFFICIAL REC411tp WORTIN T1�� j models, etc., being prepared by the Project Consultants, as applicable. These deliverables shall be forwarded to the Project Consultants in a timely fashion; ii. Detailed, design illustrations of the Work for the Site; these illustrations shall be at least 20 x 30" and mounted on foam core and/or in a high resolution digital format, such as JPEG or TIF files, as well as a copy of the Final Design PowerPoint presentation; iii. Artist shall fabricate one internally lit LED tube of the same diameter, material, and color as the proposed stylized longhorn bird component for a mockup demonstration in Fort Worth. The demo tube will be 6' long while the actual longhorns will be 12' long. The tube will be fabricated with the same methodology and material as the final project, including internal tubes for support of the replaceable LED strips; iv. Artist shall provide a fmal written narrative describing the following items: (1) Final Design concept and timeline for completion; (2) Proposed materials, fabrication, and installation methods; (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 programs) to be conducted by Artist during the commission phase of the artwork; and v. Artist shall provide comprehensive working drawings, detailing the construction method(s) of the sculptural components and the means of installing the Work at the Site, together with other such graphic material as may be requested by City in order to permit City to carry out structural and electrical design review. 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 City certificates of professional liability insurance from each such licensed professional and will require City to be named as a "certificate holder" entitled to notice of cancellation/nonrenewal in accordance with standard practices. Artist shall not be liable for the use of the drawings submitted under Section 1.2.a.v. for any use other than the Final Design. OFFICIAL RECORD CONTRACT AMENDMENT #1 Pa"W5GRAWf Corson Studios, L.L.C. (Hemphill- Lamar Connector) Ft WORTH, g 4 vi. Artist shall provide a final implementation budget for the Work with written estimates attached for supplies and services to be provided by Artist and/or Artist's subcontractor(s) in the amount of $203,680.00. (See section 1.3) b. Upon completion of the Final Design Deliverables, Artist shall meet with City officials and community stakeholders, as appropriate, to present the Final Design, including the prototype mockup at dates, times and locations mutually agreed upon, for input. c. Artist shall present the Final Design to the FWAC for approval at a regularly scheduled meeting. d. Upon approval, Artist shall provide the Final Design presentation materials to the Contract Managers to become part of the City's Public Art archive, with the exception of the prototype, which Artist shall retain and reuse for the actual public artwork if it is commissioned in the future. e. Upon request by Artist, the City, the Project Consultants, and/or project manager shall promptly furnish all information, materials, and assistance required by Artist in connection with said submission to the extent such materials are available. City, upon request, shall also provide correct scaled drawings of the Site, if available. 1 3 Implementation Budget Total. This Section is amended to be read as follows: Artist shall develop a Final Design that is financially feasible relative to the budget for implementation. It is understood that the budget for implementation of the Final Design is estimated in the amount of TWO HUNDRED THREE THOUSAND SIX HUNDRED EIGHTY DOLLARS AND NO CENTS ($203,680.00), including materials, labor, fabrication, delivery, installation, insurance, transportation, Artist's supervision, Artist's fees (not including those paid under this contract and previous contracts), travel, and all associated costs for the Work. Artist shall provide a detailed budget, which, among other things, shall reflect a fixed Artist's fee and travel, on the budget form attached to the Contract as Exhibit "C." RECORMTV Ripit D CONTRACT AMtiNDMENT # t Corson Studios, L.L.C. (Hemphill- Lamar Connector) OFFICIAL �To WMeT3 �df5"PI X h addition, Artist may propose an alternate budget above the estimated budget herein for City's consideration in the event that additional funds become available for implementation of the Final Design. IV. 2.1. Fee. This Section is amended to be read as follows: City shall pay Artist a fee of TWENTY-SIX THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($26,500.00), which includes a fixed Artist's fee inclusive of incidental costs and all travel expenses (the "Artist's Fee") and an amount of THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) for structural and electrical engineering fees (the "Engineering Fees"), which shall constitute full compensation for all services and materials to be performed and furnished by Artist under this Agreement, including engineering and consulting fees as provided below. Artist's Fee shall be paid in the following installments, expressed as portions of Artist's Fee, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof. Artist's Fee shall be paid as follows: a. Eight Thousand Six Hundred Dollars and No Cents ($8,600.00) upon execution of this Agreement, recognizing that Artist has already invested time and expense in preliminary design team coordination with the Project Consultants and City. b. Five Thousand Dollars and No Cents ($5,000.00) upon execution of this Amendment for all costs associated with the fabrication, transportation, and temporary installation of the prototype and Artist's travel expenses. c. Eight Thousand Six Hundred Dollars and No Cents ($8,600.00) within thirty (30) days after Artist submits the "Final Design Deliverables," as required in Section 1.2.a.i.-vi of this Amendment and makes a presentation of the prototype and Final Design to city officials, community stakeholders and the FWAC. d. Four Thousand Three Hundred Dollars and No Cents ($4,300.00� within thirty (30) days after City's approval of the Final Design. OFFICIAL DECORn CONTRACT AMENDMENT # 1 Corson Studios, L.L.C. (Hemphill- Lamar Connector) The above -referenced Three Thousand Dollars and No Cents (13,000.00) allocated for Engineering and Consulting Fees shall be paid to Artist for structural and electrical engineering fees in order 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. Funds previously paid to the Artist prior to this amendment shall apply toward the total Artist's Fee. All other terms and conditions of City Secretary Contract No. 39962 not amended herein remain unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by the parties. IN WITNESS HEREOF, the parties hereto h�.ve executed four copies of this contract amendment to be effective on this Os' day of . , 2011. ATTEST: Secretary CITY OF FORT WORTH Fernando Costa Assistant City Manager Corson Studios, L.L.C. by: Dan Corson, Authorized Member OFFICIAL IdECORD CITY SECRETARY �T. WORTH, TX CONTRACT AMENDMENT #1 Corson Studios, L.L.C. (Hemphill- Lamar Coimector) Page 5 of 5