HomeMy WebLinkAboutContract 48602-A2 9 CITY SECRETARY
CONTRACT NO. a-
' SEC 1 12017 SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO.48602
cCyN FCRr AGREEMENT BETWEEN THE N ALKANOGLU DESIGN RFINTY AL DESIGN OF PUBLIC ART FORF FORT WORTH
E?q� �LLC F
WESTCREEK DRIVE
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 48602 ("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 Fernando Costa, its duly authorized Assistant City
Manager, and Volkan Alkanoglu DESIGN,LLC, a Massachusetts business, located at 15 Fernald Drive#22,
Cambridge, MA 02138 and acting by and through Volkan Alkanoglu, its duly authorized representative. 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, when Artist, in consultation with his engineering firm, determined that materials
sampling and testing and additional structural engineering services were needed in order to complete final
design, exceeding the $5,000.00 engineering and consulting allowance originally in the Agreement; the City
amended City Secretary Contract No. 48602 to compensate the Artist for the needed additional engineering
services and materials sampling and testing;
WHEREAS, since amending the agreement, Artist learned that the materials sampling and testing
costs were higher than anticipated, due to the complexity of the design, and when combined with the
geotechnical report and structural engineering, exceed the $27,000 engineering and consulting allowance in
City Secretary Contract No.48602-A1; and
WHEREAS, it is the desire of the City to compensate the Artist for the additional costs for the
materials sampling and testing;
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 3, "Compensation and Payment Schedule," is hereby amended to increase the allowance for
payments for materials sampling and testing, engineering, and consulting, and sections 3.1 and 3.2 are
replaced in their entirety to read as follows:
"3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount of SIXTY ONE
THOUSAND,NINE HUNDRED SIXTY DOLLARS ($61,960.00),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 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.
Amendment#2,Agreement Between the City of Fort Worth and Volkan Alkanoglu DESIGN, WFIC144gP.=RD
For Final Design of Public Art for Westcreek Drive Execution TC#"346CRETARY
FT.WORTH,TX
3.2. Pavment 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. FIVE THOUSAND DOLLARS AND NO CENTS($5,000.00)upon execution of this Agreement.
b. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) within thirty (30) days after Artist
submits the Final Design Deliverables as required under Article 2.5 of this Agreement and makes a
presentation of the Final Design to the FWAC.
C. NINE THOUSAND, NINE HUNDRED SIXTY DOLLARS AND NO CENTS ($9,960.00) within
thirty(30)days after the City notifies the Artist of its approval of the Final Design.
d. City may pay Artist in an amount up to THIRTY SEVEN THOUSAND DOLLARS AND NO
CENTS ($37,000.00) for materials sampling and testing, engineering, geotechnical report and
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."
II.
Funds previously paid to the Artist prior to this Second Amendment shall apply toward the
total compensation paid to the Artist.
III.
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 WHEREOF, the pa 'es hereto have executed four copies of this First Amendment in Fort
Worth,Texas,this ay of "— 2017.
CITY OF FORT WORTH ARTIST
by:��C 4_-- ` _
Fernando Costa Volkan Alkanoglu
Assistant Cit�Manager Volkan Alkanoglu DESIGN,LLC
Date: __/2�%//7 Date: 11/27/2017
CONTRACT COMPLIANCE MANAGER
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensur' all performance areporting requirements.
Name: (L
Title: p„�� �,�„� rL,,
�rL/ vl'�v WG OFFICIAL RECORD
CITY SECRETARY
Amendment#2,Agreement Between the City of Fort Worth and Volkan Alkanoglu DESI N,�,Cyynpgettf 3
For Final Design of Public Art for Westcreek Drive Executi n opy 1�]'� �`�
APPROV AS TO FORM AND GALITY:
JessicaSraang
Assistantorney
ATTESTED BY: O� OR-r
Mary J. Ka r
City Secretary
M&C—No M&C Required
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Amendment#2,Agreement Between the City of Fort Worth and Volkan Alkanoglu DES ,.I , age o
For Final Design of Public Art for Westcreek Drive Execution Copy 11/22/17