HomeMy WebLinkAboutContract 44899-A2 CITY SECPZTA- (
CON'I'UM NO. ,L�L1Y�1�)- ✓�Z _
SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 44899
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND DONNA LYNN DOBBERFUHL AND NED ALVIN DOBBERFUHL D/B/A
SCULPTURAL DESIGNS FOR FINAL DESIGN AND COMMISSION
OF PUBLIC ART FOR POLYTECHNIC/WESLEYAN URBAN VILLAGE
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO.44899 ("Second
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
Donna Lynn Dobberfuh] and Ned Alvin Dobberfuhl,d/b/a Sculptural Designs, Sculptural Designs Atelier,
927 N.Alamo Street,San Antonio,TX 78215-1511. 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 City designated the Arts Council of Fort Worth and Tarrant County, Inc., as its
Contract Manager;
WHEREAS,City has completed street and streetscape improvements in the 2700-3200 blocks of East
Rosedale Street in the Polytechnic/Wesleyan Urban Village(between Connor and Collard streets)adjacent to
Texas Wesleyan University in Council District 8;
WHEREAS,the Fort Worth Art Commission("FWAC")recommended funds for an artwork for the
Site from the Specially Funded Capital Projects Fund, and the Project was included in the Fiscal Year 2013
Annual Work Plan and Budget,adopted by the Fort Worth City Council on October 16,2012(M&C C-25920)
as part of the City's agreement with the Contract Manager for administration of the public art program;
WHEREAS, on September 30, 2013, the City and Artist made and entered into City Secretary
Contract No.44899,an agreement for final design, and,upon City approval,fabrication and installation of an
artwork at the Site and later amended it effective November 3,2014,under City Secretary Contract No.44899-
A l (collectively the"Agreement");
WHEREAS, the components of final design included hand-carved brick rose bas relief panels and
cast stone seat wall elements, as well as selection of historic photos for use in six cast bronze plaques to be
made by others,and each of the components could be approved by the FWAC separately;
WHEREAS, the Artist has fabricated and installed all of the required elements and completed the
Work within the City's construction timeline;
WHEREAS,the Artist travelled to Fort Worth and met with the community to select historic images
for the bronze plaque designs and presented her recommended six images to the FWAC for discussion, and
the FWAC requested additional images for consideration; and
WHEREAS, the City acknowledges that the Artist has met the requirements of the Agreement, and
desires to handle the remaining historic image selection through consultation with a local historian, while
compensating the Artist for the work performed under this Agreement.
NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and agreements
contained herein,do mutually covenant and agree that the Agreement is amended as follows:
1. ----�
OFFICIAL RECOK'D
Second Amendment to CSC 44899 CITY SECRETARY 103
DRAFT 8.22.16 Execution Copy 911(16 �To WORTH TX
In Article 2.2(d) of the Agreement titled "Scope of Services," revise the Article to eliminate the
requirement to submit high resolution digital images. Article 2.2(d) (Scope of Services) is replaced in its
entirety to read as follows:
"d. Artist's shall also provide six historical photographs of the Polytechnic Wesleyan community,
based upon input from the community, as well as a written quote for fabrication and installation of
bronze plaques based on the photographs from a qualified local fabricator/installer.
(1) Artist understands and acknowledges that this Agreement does not currently contemplate
fabrication of the six cast bronze plaques, but only those items listed in Article 2.2.c in
accordance with the terms of this Agreement. Artist shall ensure that the City has the full and
unrestricted legal right to display the content of any such photographs at the Site,with all such
documentation being in writing and subject to the review and approval of the City. The
location at the Site where the bronze plaques will be installed is at the sole discretion of the
City."
II.
The parties wish to revise Article 3.2(a)(3)of the Agreement to eliminate the requirement of FWAC
approval of the recommended six historic photographs. Article 3.2(a)(3) is replaced in its entirety to read as
follows:
"(3) FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00)within thirty (30) days after
Artist submits the components of the Final Design Deliverables that pertain to the twenty-five
(25) cast rose elements, as required in Article 2.2(c), and submits the six (6) historic
photographs, along with a budget for fabrication and installation of the bronze plaques to be
created from the images,as required in Article 2.2(d)of this Agreement."
III.
Funds previously paid to the Artist prior to this Second 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 Second
Amendment shall remain in full force and effect.
IN WITNESS WHEERtE;OF,the parties hereto have executed four copies of this Second Amendment in Fort
Worth,Texas,this day of_ :�f dk bj U)V ,2016.
CITY OF FORT WORTH ST
by 04�—,
Fernando Costa Donna Lynn D er uhl
Assistant C
i Mptiager --_-----_ d/b/a Sculptural
Date: t� tG _ Date:
Second Amendment to CSC 44899 2 of 3
DRAFT 8.22.16 Execution Copy 9/1/16
w
.L
Ned Alvin D bberfuhl
d/b/a Sculptural Designs
APPROVED AS TO FORM �r� 3 Ito
LE ALITY: Date: 1
Jessica g
Assisted City Attorney II
Form 1295:Not R red ®� 000
ATTESTS
Mary s V �
City Sec tart'
0000000p0°
X
M&C—No M&C Required
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Second Amendment to CSC 44899 3 of 3
DRAFT 6.22.16 Execution Copy 911/16