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HomeMy WebLinkAboutContract 40164-A7 (2)C®INITRACT N0.40164 This Seventh Addendum to City Secretary Contract Number 40164 ("Seventh Addendum") 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 Unified Fine Art Services, L.L.C. (the "Contractor"). The City has designated the Arts Council of Fort Worth & Tarrant County, Inc., to manage this contract on its behalf. WHEREAS, on May 7, 20105 the City and Contractor entered into City Secretary Contract Number ("CSC No.") 40164, as amended ("Agreement") whereby Contractor agreed to provide professional art related services for the City on an as -needed basis, including art transportation, large install and deinstall, exhibition installation, minor cleaning and repairs, and installation consultation; WHREEAS, the City and Contractor have entered into several addenda related to the services provided under the Agreement, including CSC Nos.40164-A1, 40164-A2, 40164-A3; 40164-A4, 40164-A5 and 40164-A6; WHEREAS, the parties amended CSC No.40164 on February 15�', 2012, to, among other things, increase the total amount of compensation under the agreement, the same being CSC No. 401644A; WHEREAS, the agreement provided for an initial three-year term and for the possibility of three, one-year renewals, with the primary term expiring on May 1, 2013; WHEREAS, on Apri124t1', 2013, the parties executed and renewed the contract for the first one-year renewal period, effective beginning on May 2, 2013, and expiring on May 1, 2014, the same being CSC No. 40164-R1; WHEREAS, on May 2, 2014, the parties executed and renewed the contract for the second one-year renewal period, effective beginning on May 2, 2014, and expiring on May 1, 2015, the same being CSC No. 40164-R2; WHEREAS, the parties now desire to enter into a new addendum for the provision of services associated with an artwork titled Intimate Apparel &Pearl Earrings (the "Artwork") by Donald Lipski, a description of which is attached hereto as Exhibit "I" and incorporated herein for all purposes; WHEREAS, the Artwork is installed in the Houston Street Lobby at the Fort Worth Convention Center located at 1201 Houston Street, Fort Worth, Texas 76102 ("Installation Site"); WHEREAS, the City's Events staff has contracted construction services to replace the Houston Street Lobby ceiling which requires that the Artwork be wrapped and protected during construction and, to take advantage of access to the attic structure, the City desires to install a Seventh Amendment to CSC 40164 Execution Copy 7/25/14 OFFICIAL RECORD CITY SECRETARY For, WORTH, TX 1 of5 new motorized cable and winch system in the ceiling attic allowing the City to lower and raise the sculpture; WHEREAS, to accomplish this, the Contractor agrees to coordinate with the City's Events staff, the City's Construction Contractor, and the City's Artwork Consultant to wrap the Artwork prior to construction and to install the winch; WHEREAS, the City and Contractor wish to set out the additional Services to be provided per the Agreement that will be specific to this addendum and this Artwork with the intent that further Services may be requested by the City through future addenda; 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. 1. The Services to be performed by the Contractor for this Seventh Addendum are set forth in the Contractor's Proposal ("Contractor's Proposal"), which is attached hereto as Exhibit "J" and incorporated herein for all purposes, and includes all labor, travel, and any other expenses required to complete the Services for this Artwork. 2. In consideration of the Services to be performed under this Seventh Addendum, the City agrees to pay the Contractor the actual costs for services in an amount up to Eleven Thousand and Two Hundred Dollars and No Cents ($11,200.00) in accordance with the terms of Article 3 of the Agreement. Any amounts paid in this Seventh Addendum shall be credited towards the total amount paid under the current Agreement renewal term. 3. Contractor shall coordinate with the City and the City's Events Staff to coordinate the required schedule and availability to access the site. 4. 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 6 of the Agreement. 5. All terms and conditions of the Agreement not specifically addressed herein remain in full force and effect and are binding upon the parties. 6. All terms and conditions of the Agreement that are not expressly referenced pursuant to this Seventh Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed five copies of this Seventh Amendment in Fort Worth, Texas, on �O day of l.� V�� . , 2014. CITY OF FORT WORTH UNIFIED F TS SERVICES, LLC / � d By: �-» By: Fernando Costa Victor Bi sonette Assistant City Manager Principle Seventh Amendment to CSC 40164 2 of 5 Execution Copy 7/25(14 APPROVED AS TO FORM AND LEGALITY: City Attorney City Secretary No M&C required Seventh Amendment to CSC 40164 Execution Copy 7/25/14 OFFICIAL RECOR® CITY SECRETARY 'I WORTH; T of5 12Tx ST. �N'a'Rr EXHIBIT I The Artwork Intimate Apparel &Pearl Earrings (2005) Donald Lipski Seventh Amendment to CSC 40164 4 of 5 Execution Copy 7/25/14 Contractor's Proposal EXHIBIT J Unified Fine Arts, LLC 14105 Inwood Road Dallas, TX 75244-3918 (2l4)678-9101 kim a uni(iedfincarts.com http Avwvw.unifledfincarts.com Fori Warth Public Arts Council Jennifer Conn 1300 Gandy St. Port Worth, TX 76107 USA Date _ Activity 07/18/2014 Labor - wrapping "Intimate Apparel K Pearl Earring" prior to construction. Slaffwill coordinate the use of scaffolding and Convention Center equipment to perform services or supply as necessary. j Labor - remove wrapping materials from sculpture once construction is 'complete. All hours are estimated at overtime rates for weekend or late night work land includes equipment rental. A fine art handlers a 2 days (8 hours each day at OT Rule) 07/18/2014' Labor - installation of winch and cable system for sculpture, which will be provided by ilia City s artwork contractor. Artwork contractor will also provide stamped and city approved engineered drawings. 4 fine art handlers a I day (OT Rate) 07/18/2014 Materials - Dartek and painters tape Acccpicd Dy Accepted Daic Quantity 16 i3 F I N E ART S Estimate [rate Estimate No, ill/I812014 3034 I Exp. Date Rate 450.00� Total Amount 7.200,00 3,600.00 400.00 $1 L200A0 Seventh Amendment to CSC 40164 5 of 5 F_xecution Copy 7/25/14