HomeMy WebLinkAboutContract 46895-A1 1�11 12ZCITY SECRETAIty,
CONTRACT NO.
RECEIVED
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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 46895
MlMN�di Ifl AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
SEDRICK HUCKABY FOR FINAL DESIGN OF PHASE 1 AND
PHASE 2 OF PUBLIC ART FOR STOP SIX TRIANGLE
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 46895 ("First
Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home-
rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly
authorized Assistant City Manager, and Sedrick Huckaby,an individual,residing at 4800 Williams Road,
Fort Worth, Texas 76116. The City has designated the Arts Council of Fort Worth and Tarrant
County, Inc., to manage this agreement on its behalf. The Contract Manager shall act through its
designated Public Art project manager.
WHEREAS, the Project was included in the Fort Worth Public Art Fiscal Year 2015 Annual Work
Plan and Budget,adopted by the Fort Worth City Council on October 14, 2014 as (M&C C-27031)as part of
the City's agreement with the Contract Manager for administration of the public art program;
WHEREAS, City and Artist acknowledge that Artist's Preliminary Design (City Secretary Contract
944597) was approved by the FWAC on December 8, 2014, as the basis for executing this Agreement with
the Artist;
WHEREAS, on July 30, 2015, the City entered into a contract with Artist for Final Design of the
Work for the Site(Fort Worth City Secretary Contract No.46895);
WHEREAS, while during Final Design it was recommended that the Artist obtain a survey of the
Site and consult with an electrician in order to locate the Work properly on the Site and create an accurate
budget,and that this requires additional funding beyond the provided engineering allowance; and
WHEREAS, City and Artist wish to set out the terms and conditions under which this
additional consulting and survey work shall be undertaken;
NOW, THEREFORE, City and Artist for and in consideration of the covenants and
agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
I.
Article 2.2, "Scope of Services," is hereby amended to add a provision for Artist to consult with an
electrician and contract with a surveyor for the purpose of determining how to provide electricity to the Site
for the Work and locate the Work away from overhead and underground utilities. Alaced in
its entirety to be and read as follows: OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Amendment#1,CSO46895Agreement Between the City of Fort Worth and Sedrick Huckaby Page ! of 5
For Final Design of Public Art for the Stop Six Triangle Execution Copy March 16,2016
"2.2. Scope of Services.
a. Artist shall perform all services and will furnish all supplies and materials as necessary for
developing the Final Design of the Work and for providing the Final Design Deliverables.
Services shall be performed in a professional manner and in strict compliance with all terms
and conditions set forth in this Agreement.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the
Work,subject to review and input from Project Stakeholders and approval by City as set forth in this
Agreement.
C. Artist shall present the Final Design in two phases, as described below, for purposes of
budgeting under this Agreement:
i. Phase I of the Final Design shall include the train car, footing and rails, internal
lighting of the train car, figurative painting on the train car and site work to create a
small paved plaza/stage area adjacent to the train car; and
ii. Phase II of the Final Design shall include digital animation and gathering of audio
community oral histories and the equipment to support it, as well as a low perimeter
seat wall and plaza lighting.
d. Artist shall explore possibility of acquiring an actual historic Interurban Train car that is within the
budget for Phase I.
e. Artist shall contract with a qualified surveyor and provide the City with a boundary survey of the
Site that is prepared by a surveyor acceptable to the City, so that the locations of all utilities and
easements can be identified before siting the Work.
f. In order to meet the electrical requirements for the Work, Artist shall consult with a qualified
electrician to determine the costs and means of providing electricity to the Site.
g. Upon completing items 2.2(e) and 2.2(f), Artist shall meet and coordinate with City staff and
others, as necessary, to explore the feasibility of integrating the Work into the Site in terms of
structural support,lighting,electricity,or other infrastructure needs to support the Work and to avoid
existing easements.
h. Upon request of City, Artist shall consult with a qualified art conservator and shall provide
written maintenance recommendations for the Work from said conservator to the Contract
Manager.
j. The location at the Site on which the Work shall be installed shall be mutually agreed upon
by City and Artist.
Amendment#1,CSO46895Agreement Between the City of Fort Worth and Sedrick Huckaby Page 2 of 5
For Final Design of Public Art for the Stop Six Triangle Execution Copy March 16,2016
J. Artist shall present both phases of the Final Design to the appropriate City committee, City
staff, Project Stakeholders and other City boards or commissions, as appropriate, for input
and to the FWAC for review and approval at dates and times mutually agreed upon."
II.
Article 2.3, "Implementation Budget Total,"subsection(a),is hereby amended to add a provision for
Artist to revise the budget to reflect the addition of the services under 2.2(e) and 2.2(f) during the Final
Design of Phase I. Article 2.3(a)is replaced in its entirety to be and read as follows:
"2.3. Implementation Budmet Total.
a. Artist shall develop a Final Design of Phase I that is financially feasible relative to the
budget for implementation of Phase I. It is understood that the total budget for
implementation of Phase I of the Final Design is estimated to be ONE HUNDRED TWO
THOUSAND, TWO HUNDRED EIGHTEEN DOLLARS AND NO CENTS ($102.218.00),
which includes all costs for survey, engineering and consulting, materials, labor, fabrication,
delivery, installation, insurance, transportation, remaining Artist's fee, and all other
associated costs for the Work. Artist shall provide a detailed budget, on the budget form
attached hereto as Exhibit "C," for implementation of Phase I of the Work through a
possible artwork commission contract with City."
III.
Article 2.5, "Final Design Deliverables," subsection (a), is hereby amended to add a provision for
Artist to contract with a surveyor so that the locations of all utilities and easements can be identified before
siting the Work,and to consult with an electrician to determine how to supply electricity to the Work and the
Site. Article 2.5 is amended by changing subsection (a)(iii) and adding subsections (a)(iv) and (a)(v) to be
and read as follows:
"iii. A final budget for the Work detailing what is included in Phase I of the Work, with
written estimates attached for supplies and services to be provided by Artist, Artist's
subcontractor, or others in an amount not to exceed$102,218.00 for Phase I.
iv. A boundary survey of the Site that is prepared by a surveyor acceptable to the City.
Amendment#1,CSO46895Agreement Between the City of Fort Worth and Sedrick Huckaby Page 3 of 5
For Final Design of Public Art for the Stop Six Triangle Execution Copy March 16,2016
v. An electrical plan for electricity to the Work and the Site."
IV.
Article 3, "Compensation and Payment Schedule," subsections 3.1, "Compensation," and 3.2(f),
"Payment Schedule," are hereby amended to allow for payments for surveying and electrical consulting as
well as engineering for the Work to be and read as follows:
"11. Compensation.
Total compensation to Artist under the Agreement shall not exceed TWENTY TWO THOUSAND
DOLLARS AND NO CENTS($22,000.00),which shall constitute full compensation for any and all
costs associated with this Agreement, including, but not limited to, artist's fee, survey, engineering,
electrical and other consulting fees as needed, all travel expenses and services performed and
materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to
allow for additional payment if additional services are required.
3.2. Payment Schedule.
f. City may pay Artist for actual costs in an amount up to TWELVE THOUSAND DOLLARS
AND NO CENTS ($12,000.00) for a survey, engineering, electrical and other appropriate
consulting 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 invoice (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.
VI.
All terms and conditions of the Agreement that are not expressly amended pursuant to this
First Amendment shall remain in full force and effect.
Amendment#1,CSO46895Agreement Between the City of Fort Worth and Sedrick Huckaby Page 4 of 5
For Final Design of Public Art for the Stop Six Triangle Execution Copy March 16,2016
IN WITNESS WHEREOF the parties hereto have executed five copies of this First Amendment in
Fort Worth, Texas, this day of ' 2016.
CITY OF FORT WORTH ARTIST
by: by:�u� �� _ _ by:
Fernando Costa edrick Huc y
Assistant City Manager
APPROVED AS TO FORM
AND LEGALLY:
Jessica Sangsv
Assistant City A �rney
ATTESTED BY:
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70
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No M&C Required :. ,;. y
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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