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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 47811
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND CHRISTOPHER BLAY FOR FINAL DESIGN OF PUBLIC ART
FOR EAST ROSEDALE STREET (I-35-HWY 287)
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 47811 ("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
Christopher Blay, an individual residing at 1115 Hawthorne Avenue,Fort Worth,Texas,76110. The Contract
Manager shall act through its designated Public Art project manager.
WHEREAS,on May 23,2016,the City and Artist made and entered into City Secretary Contract No.
47811,an agreement for final design of public art("Agreement");
WHEREAS, in the course of developing the Final Design, it was deemed necessary to acquire a
vintage public transportation bus (circa 1950s) in the style depicted in the approved preliminary design. The
acquisition of the bus will provide the specific information needed to fulfill the required Final Design
Deliverables, including structural engineering and construction drawings;
WHEREAS, the Fort Worth Art Commission approved the acquisition of the aforementioned bus
during the Final Design phase on December 12,2016;
WHEREAS, the Artist is planning an innovative community engagement process which requires
additional compensation;
WHEREAS, it was recommended that the Artist use the services of a consultant to aid with the design
of electronic components that deliver the historic content and lighting of the artwork;
WHEREAS,it is the desire of City to compensate Artist with the necessary funds to proceed with the
acquisition and storage of said bus during the Final Design phase, along with funds necessary for additional
consultants and community engagement expenses;
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
budget for implementation of the Artwork from $131,701.00 to $109,651.00 to allow for additional funds in
the amount of$22,050.00 to acquire the bus, consultant and community engagement expenses, during this
current Final Design phase. Articles 2.2(Scope of Services),2.3(Implementation Budget Total)and 2.5(Final
Design Deliverables)are replaced in their entirety to be and read as follows:
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"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 meet and coordinate with City staff, utilities 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.
d. 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.
e. The location at the Site on which the Work shall be installed shall be mutually agreed upon by City
and Artist.
f. Artist shall work with community members and stakeholders, along with the KEEN Group youth
organization utilizing an innovative, event-based community engagement process to acquire
contemporary and historical information and imagery that will inform the Work.
g. Artist shall consult with a technology specialist in the design of electronic components and content
delivery systems for Work.
h. Artist shall acquire one vintage transportation bus (circa 1950s) for the purpose of creating specific
artwork design documents, including, but not limited to structural engineer's drawings and
electrical/technology plans.
Artist shall present 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.
2.3. Implementation Budget Total.
Artist shall develop a Final Design that is financially feasible relative to the budget for implementation. It is
understood that the total budget for implementation of the Final Design is estimated to be ONE HUNDRED
NINE THOUSAND SIX HUNDRED FIFTY-ONE DOLLARS AND NO CENTS ($109,651.00),which
includes all costs for materials, labor,fabrication, delivery,installation, insurance,transportation,remaining
Artist's fee, contingencies, 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 the Work through a possible
artwork commission contract with City. The City's required insurance for implementation is attached hereto
Amendment 1,Contract Number 47811,Agreement with Christopher Blay Execution Copy 2/6/17
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as Exhibit"D,"and such costs for maintaining the levels of insurance outlined in Exhibit D shall be included
in the implementation budget total.
2.5. Final Design Deliverables.
a. Within six(6)months after the Effective Date of this amendment,Artist shall provide services and all
supplies,materials,and equipment necessary to provide certain deliverables,as set forth in this Article
2.5(a)to City for approval. Final Design Deliverables shall consist of the following:
L Detailed, design illustrations for the Work for the Site, which shall be in a high-resolution
digital format, such as JPEG or TIF files;
ii. A final written 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 subcontractor(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 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 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 Texas,as required
by City. Artist will obtain and furnish to Contract Manager certificates of professional liability
insurance from each such licensed professional and will require the City to be named as a
"certificate holder"entitled to notice of cancellation/nonrenewal in accordance with standard
practices; and
iv. A final budget for the Work detailing what is included in 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$109,651.00."
II.
The parties wish to revise Article 3 of the Agreement titled"Compensation and Payment Schedule"to
amend the payment installment schedule to include the additional funding of$22,050.00 to compensate Artist
for additional scope of work. Articles 3.1 (Compensation) and 3.2 (Payment Schedule) are replaced in their
entirety to be and read as follows:
"3.1. Compensation.
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Total compensation to Artist under the Agreement shall not exceed FORTY-TWO THOUSAND NINE
HUNDRED THIRTY-EIGHT DOLLARS AND NO CENTS ($42,938.00), which shall constitute full
compensation for any and all costs associated with this Agreement, including, but not limited to, Artist's fee,
engineering and consulting fees, purchase of a vintage public transportation bus (circa 1950s), shipping and
storage, 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. FOUR THOUSAND DOLLARS AND NO CENTS($4,000.00)upon execution of this Agreement.
b. FOUR THOUSAND,DOLLARS AND NO CENTS($4,000.00)after Artist makes a presentation(s)
of the Final Design to the FWAC and members of the community for feedback and input.
C. SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) within thirty (30) days after
Artist submits the Final Design Deliverables as required in under Article 2.5(a) of this
Agreement and makes a presentation of the Final Design to the FWAC.
d. TWO THOUSAND EIGHT HUNDRED EIGHTY-EIGHT DOLLARS AND NO
CENTS ($2,888.00) within thirty (30) calendar days after the City notifies the Artist of its
approval of the Final Design.
e. City will pay Artist for actual costs in an amount up to TWENTY-FOUR THOUSAND SIX
HUNDRED DOLLARS AND NO CENTS($24,600.00)for engineering and consulting fees,
purchase of bus and shipping/delivery to Fort Worth, storage costs of bus during the Final
Design phase, and a conservator's consultation to fulfill the terms of this Agreement. Such
payment shall be made upon receipt of an invoice from Artist with the original invoice (a
retainer fee of up to 50% is allowed) for such services attached. Payment for costs related to
purchase and shipping/delivery of bus will be made upon Contract Manager's receipt and
approval of documentation showing pending purchase of bus and quote for shipping of bus to
Fort Worth."
Funds previously paid to the Artist prior to this First Amendment shall apply toward the total
compensation paid to the Artist.
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IV.
All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed four copies of this First Amendment in Fort
Worth, Texas,this_� day of Y10 il, ,2017.
CITY OF FORT WORTH ARTIST
Fernando Costa Chr opher la '
Assistant C'ty anagen
Date: 2 /$ /7 Date: (� /
CONTRACT COMPLIANCE MANAGER:
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all erformance and r ing requirements.
ame: Alida Labbe -
Title:Public Ail Project Manager
APPROVED AS TO FORM AND LEGALITY:
a
Jessica Sangang �Qf;
Assistant CioAttorney II ^
Form 1295:Not required ��• � i��jj)r�
ATT TED BY:
a J.Kayser
City Secretary .
RECEIVED
M&C—No M&C Required FIG 1 1 201' 1
CITY OF FORT WORTH =
CITY SECRETARY
Amendment 1,Contract Number 47811,Agreement with Christopher Blay Execution Copy 2/6/17
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