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HomeMy WebLinkAboutContract 42825-A1 CITY . CONTRACT NG. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.428259 AGREEMENT FOR DESIGN OF PUBLIC .ART WORK AT MEACH M AIRPOR T ADMINISTRATION BUILDING BETWEEN THE CITY OF' FORT WORTH AND MY 4 O GRA I-J.,,INC. This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 42825 ("First Arnendtnent") is made and entered into by and between the City of Fort Worth, a horne-rule municipal corporation of the State f'Texas, acting by and through its duly authorized zed Assistant City Manager, and Myth graph, hi c., a California corporation, located at 6169 West Eighth Street, Claremont, CA 91711. WHEREAS, the City designated the Arts Council of:Fort Worth and Tarrant County, Inc.,, as its Contract Manager, E AS, as part of the City's renovation project for the Meacham International Airport Administration Building, located at 4201 North lain Street, :Fort Worth, Texas 61 6, the City allocated approximately 2% of its design and construction budget et fro aviation gas well revenue to design and implement public art for the Site; .EREASI the City selected the Artist based on a preliminary design that he submitted through, a competitive proposal-based process, which was approved by the FWAC on April 11, 2111 1EREAS, on February 1, 2012, the City and Artist made and entered into City Secretary Contract. No. 42825, an agreement to develop a.final design for artwork at the Site("Agreement"'). WHEREAS, after entering into the Agreement, City selected a new Fixed Based Operator F O for the Site, who requested changes to the design of the Site,. ER. S, on November 11, 2113, the Artist presented his final design., Which was based on the original design for the Site,to the new FB,O for input and the FWAC approval,, WHEREAS, the FAO requested that the Artist revise its final design to respond to the redesigned Site, and the FWAC voted to continue its decision of whether to approve the foal design„until such time as it could have an opportunity to review artist's revised final design incorporating the FBO's input; WHEREAS, Artist wishes to continue developing the Final Design to conform to the revisions requested by the FO, WHEREAS it is the desire of the City to increase the Artist's scope f irk under,the Agreement along with compensation n necessary to carry out the increased scope; NOW. THEREFORE, City and moist, in consideration oi"the mutual covenants and agreements contained herein, do mutually covenant and agree that the Agreement is amended as follows. 1:. The parties wish to amend the definition of"Site" as set forth in Article 1.1 2 of t . Agreement by replacing �h ihit with a new Exhibit , which includes a depicti n f the revised design plain for the l"'�ain "�errn inal at Meacham International Airport. Exhibit B of the Agreement is hereby replaced with the :Exhibit B, that is attached to this First Amendment, which shall he incorporated into the Agreement for all purposes. OFFICIAL RECORD ' W�___ I D C Cl ITy SECRElTrARY �0 4AR 70 First I of 7 The parties wish to amend. Article 2.2, "Scope of Services,"' to increase Artist's scope of work by requiring revisions to Artist's Final Design to conform with the new Fl 's requests. Article 2.2 is amended by adding subsections(h), (i), and 0)to read as follows.- "h. In response to FBO's, input,, Artist shall revise the current final design, which is attached hereto as Exhibit E and incorporated herein for all purposes, so that the airp lane elements do not have a vertical orientation and that, collectively, the airplanes do not create a vortex shape. i, Artist shall present the revised design to the Fly O and project stakeholders for feedback in.advance of making the Final Design presentation. j. All presentations and approvals for the Final Design under this First Amendment shall conform to Subsection 2.6 and apply equally to the increased scope of services in this First Amendment. K Artist shall provide lighting specifications for the Work and integral designs for the terrazzo floor." The parties wish to amend Article 2.5.a,,"Design Review,"'to state the following: "2.5. Final Desi n Faeliverables a., Within three (3) months after the Effective Date of the Agreement, 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. Within four (4) months after the execution of this First Amendment, Artist shall provide services and all supplies, materials, and equipmetit 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 ill'ustrat'ions of the Work for the Site, which shall be at least 2011 x 30"' and mounted on foam core and/or in a high-resolution digital such as JPEG or TUF files; format, I ii. A final wr I itten 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 subicontractor 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 phase of the project, or proposed method for involving the community in the fabrication of the Work. iii. 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 First Amendment to CSC 42825 2 of 7 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 Texasl as required by City. Artist will obtain and furnish to Contract Manager certificates of professional liability insurance from each such licensed erti professional and will require the City to be named as a "certificate holder" entitled to notice of cancellation no enewal in accordance with standard practices. Artist shall not be liablle for the use of the drawings submitted under this Article for any use other than the Final Design. IV. A final budget for the Work with written estimates attached for supplies and services to be provi-ded by Artist, Artist's subcontractor, or others in an amount not tol exceed $,1671000.010."! IV. The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment Schedule" to increase the total compensation to the Artist by $11,5100.00 and amend the me 'paynt installment schedule to reflect the additional payment for the increase in scope of work. The parties acknowledge that the City has already paid the Artist $10,000.00 pursuant to Article 3.2.a. and b. of the Agreement (which are the same as Article 3.2a.i and ii set forth in the amended Article 3.2 below). Aa-ticles 3.1 (Compensation) and 3.2 (',Payment Schedule) are amended in their entirety to read as follows.. 4'3.1 .Compensation. Total compensation to Artist under the Agreement shall not exceed THHZTY-SEVEN THOUSAND FfVE HUNDRED DOLLARS AND NO CENTS_($37,500.00), which shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, engineering, and consulting fees, all travel expenses and services, performed and materials fumished by Artist under this Agreement. Artist and City may amend thi's Agreement to allow for additional payment if additional, services are required., 3.2. Payment Schedule a. 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: i. FIVE THOUSAND DOLLARS AND NO CENTS ($5 o.00 upon execution of the Agree vent. ii FIVE IIJOUSAND DOLLARS AND NO CENT,S ($51000.00) within thirty (3 days after Artist submits the Final Design Deliverables, as required under Article 2.5 of this Agreement (excluding deliverables, for this First Amendment) and makes a presentation of the Final Design tol the FWAC. FIVE THOUSAND DOLL N ARS A D NO CENTS- -($5,000.0 upon execution of this First,Amendment. iv. FIVE-rtiousAND DOLLARS AND NO CENTS ($5,0001.00 w within thirty (30), calendar days, after Artist submits the revised Final Design concept options to the FIE O and project stakeholders. Fiist Amendment to CSC 42825 3 of 7 V. SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) within thirty (30) calendar days after Artist submits the Final Design Deliverables related to this First Amendment, as required 'in under Article 2.5, and makes a presentation of the Final Design to the F .C. vi. FIVE THOUSAND FIVE HUNDRED DOLLARS AN-D NO CENTS (500.00) within thirty (30) calendar days after the City notifies the Artist of its approval of the Final Design. vii. City may pay Artist up to SIX THOUSAND, DOLLARS AN-D NO CENTS ($6,01010.0101) for engmeet-ing, fees and a conservator's consultation to ftiffill the terms of this Agreement. Such payment shall be made upon receipt of an invoice from Artist with the original linvoice (a retainer fee of up, to 50% is allowed),for such services attached." V. 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. All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed four copies of this First Amendment in Fort Worth,Texas, this tn day of YY V/ 12014. k.0)" CITY OF FORT'WORTH MYTHOGRAPH,INC. by: by-. Fernando Costa Kipp Kobayashi Assistant City Manager President APPROVED AS TO FORM Fl AND LEGALITY: `/A, . Z, 100 IF 0/ ................... .......... coo* 0,;0QP Tyler F m*�allack 0 0 Assistant City Attorney OX % 001�v OFFICIAL RECORD 11� tyy! 0,00000 000 dp )I t I 1AS 1, CITY SECRETARY ffkv WORTH9 TX city smftq A0nMd P, Gonzaks, First Amendment to CSC 42825 4 of 7 vo SIX IHOUSAND DOLLARS AND NO CENIS-' ($6,000.00) within thirty (30) calendar days after Artist subnu*ts the Final Design Deliverables related to this First Amendment, as required in under Article 2.5, and makes a presentation of the Final Design to the FWAC. Vi. FIVE THOUSAND FIVE, 14UNDRED DOLLARS AND NO CENTS ($,,,,5500.00) within thirty (30) calendar days after the City notifies the Artist of its approval of the Final Design. vil. City may pay Artist up to SIX THOUSAND DOLLARS AND NO CENTS 6 ($,6,0100.00) for engineering 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 m' voice,'(a retainer fee of up to 50% is allowed)for such services attached."' V. Funds previously paid to the Artist prior to this First Amendment shall apply toward -the total compensation paid to,the Artist. V . irof All terms and conditions of the Agreement that are not expressly amended pursuant to this F* Amendment shall remain in full force and effect, V11. All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them 'in,the Agreement. IN WITNESS WHEREOF the parties hereto have executed four co0ies. of this First Amendment 'in Fort Pi Worth,Texas,this day of 12014. CITY OF'FORT WORTH MYTHOGRAI 11 INC. *- by by & Kip br, Few an d o Costa a Assistant City Manager President APPROVED AS TO FORM AND LEGALITY Tyler F.Wallach Assistant City Attorney 4 of 7 First Amendment to CSC 42825 ATTESTED BY.- Mary J.Kayser City Secretary Contract Authorl"zati"On. fl MC —No M&C Require.. First Amendment to CSC 42825 5 of 7 Exhibit B. 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IDIU�w, Ic Nl�w rJ r 1 / N r fr �r I r r f/ r'I° First Amendinent to CSC 42825 7 of 7'