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HomeMy WebLinkAboutContract 46687-A1 CITY SEC ' CONTRACT NO- V i,PR 14 2016 GITY OF FORT SgORTH FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.46687 CITY SECRETARY AGREEMENT BETWEEN THE CITY OF FORT WORTH AND FYOOG,LLC FOR FINAL DESIGN OF PUBLIC ART Ul 0 l FOR THE EAST REGIONAL LIBRARY This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 46687 ("First Amendment') is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Fyoog, LLC, a Limited Liability Company, located at 1125 Gillespie Place, Austin, Texas 78704 acting by and through its Principal, Dan Cheetham. 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, on May 21, 2015, the City and Artist made and entered into City Secretary Contract No. 46687,an agreement for design of public art("Agreement'); WHEREAS, in the course of developing the Final Design, additional public input meetings were deemed as necessary, along with the refinement of the original Proposal before proceeding with the Final Design; WHEREAS, it is the desire of City to compensate Artist with the necessary funds to proceed with the refinement of Proposal and additional trips to Fort Worth to attend public input meetings; and WHEREAS, the Fort Worth Public Art Fiscal Year 2016 Annual Work Plan, approved by City Council on October 27,2015 (M&C c-27515), added$30,000 to this project, it is necessary to adjust the overall project budget; 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. The parties wish to revise Article 2 of the Agreement titled"Scope of Services and Deliverables"to amend the scope to allow for additional trips to Fort Worth and refinement of Proposal. Additionally,the budget for installation of the Artwork is increased from$43,500.00 to $72,000.00. Articles 2.1 (Scope of Services) and 2.4 (Final Design Deliverables)are replaced in their entirety to be and read as follows: "2.2. Scope of Services. a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing a 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 in this Agreement. Amendment 1,Contract Number 46687,Agreement with Fyoog,LLC for Final Design of Public Art for the East Regional Library Execution Copy 2/17/16 1 of 4 b. Artist shall determine the artistic expression, scope, design, color, size,material, and texture of the Work, subject to review and input from the Community Group and Project Stakeholders and approval by City as set forth in this Agreement. C. The location at the Site where the Work shall be installed shall be mutually agreed upon by City and Artist. d. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with appropriate City staff for purposes of risk assessment, safety review, sighting of the Work,and permitting. e. Artist shall travel to Fort Worth a minimum/maximum of four (4) times to meet with City staff, Project Stakeholders, as well as other officials, as may be necessary, to complete the Final Design. f. Based on input gathered from Project Stakeholders, Artist will refine the original Proposal and provide visuals showing possible design changes prior to submission of Final Design Deliverables. This will allow further community feedback on design direction. g. Artist shall meet and coordinate with City staff and others, as necessary, to ensure proper integration of the Work into the Site. 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. i. Artist shall present the Final Design to the appropriate City committee, City staff, Community Group, 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." "2.4. Final Design Deliverables. Within three (3) months after the Effective Date, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.4 to City for approval. Final Design Deliverables shall consist of the following: a. Detailed, design illustrations of the Work for the Site from two vantage points, including a plan view, which shall be 20" x 30" and mounted on foam core and/or in a high resolution digital format,such as JPEG or TIF files; b. A written narrative of the Work, describing the following: (1)the Final Design concepts and timeline for completion; (2)proposed materials, fabrication, and installation methods for all elements of the Work, including information regarding Artist's subcontractor(s), if any, for the Work; and (3) maintenance requirements for all elements of the Work as dictated by Artist,along with cost estimates for annual maintenance; C. Comprehensive working drawings, detailing the means of installing all elements of the Artwork on the Site, together with other such graphic material to permit City to carry out structural design review. Professional Liability Insurance is required in all circumstances for on-site artwork requiring engineering and/or architectural services. City will conduct a review of structural design and other related graphic material prior to installation of the Artwork. Upon City's request, drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas. Artist will provide the Contract Manager a certificate of insurance for each licensed professional and provide City with a 30-day notice of cancellation of any policy required hereunder. Amendment 1,Contract Number 46687,Agreement with Fyoog,LLC for Final Design of Public Art for the East Regional Library Execution Copy 2/17/16 2 of 4 d. A detailed budget, on the budget form attached hereto as Exhibit"C,"for installation of the Artwork in an amount not exceed Seventy-Two Thousand, Dollars and No Cents ($72,000.00),which includes all costs for materials, labor, fabrication, delivery, installation, insurance, transportation,remaining Artist's fee, and all other associated costs for the Work. The detailed budget will be for implementation of the Work through a possible artwork commission contract with City, of which the contract is subject to the approval of the Fort Worth City Council." II. The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment Schedule" to amend the payment installment schedule to allow for additional funding of$1,500.00 for refining original Proposal and an additional (fourth) trip to Fort Worth. Articles 3.1 (Compensation)and 3.2 (Payment Schedule)are replaced in their entirety to be and read as follows: "3.1. Compensation. Total compensation to Artist under the Agreement shall not exceed EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00), which shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, travel expenses, engineering and consulting fees,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. 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: a. ONE THOUAND DOLLARS AND NO CENTS ($1,000.00) upon execution of this Agreement. b. ONE THOUSAND, DOLLARS AND NO CENTS ($1,000.00) after Artist makes a presentation(s) of the Final Design to the FWAC and members of the community for feedback and input. C. ONE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($1,500.00) after Artist refines Proposal and makes a presentation of the revised Proposal to members of the community for feedback. d. TWO THOUSAND,FIVE HUNDRED DOLLARS AND NO CENTS($2,500.00)within thirty (30) calendar days after Artist submits all of the Final Design Deliverables required under Article 2.4 of this Agreement and makes a presentation(s) of the Final Design to the FWAC. e. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty(30) calendar days after City's approval of the Final Design. d. City may pay Artist up to ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00 for engineering and consulting 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 thereto." Amendment 1,Contract Number 46687,Agreement with Fyoog,LLC for Final Design of Public Art for the East Regional Library Execution Copy 2/17/16 3 of 4 III. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation paid to the Artist. IV. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF t e parties her o have exe ted four copies of this First Amendment in Fort Worth,Texas,this ay of , 2016. CITY OF FORT WORTH FYOOG,LLC by-'r dO !�- by: -- Fernando Costa Dan h eth Assistant C'tyYanager Prmci 1 `b Date: 413 Date: APPROVED AS TO FORM AND LEGALITY: Jessica Sanv§van Assistant City Att me II ATTESTED BY: ® J. a, y City.Secr M&C—No M&C Requiredlb- Amendment 1,Contract Number 46687,Agreement with Fyoog,LLC for Final Design of Public Art for the East Regional Library Execution Copy 2/17/16 4 of 4