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Home My WebLink AboutContract 50758-AD1 CITY SECRETARY FIRST ADDENDUM TO CITY SECRETRR"CT N0 ----� �� `o>/ d CONTRACT NO. 50758 f o This First Addendum to City Secretary Contract Number 50758 ("First Addendum") is by and between the City of Fort Worth ("City"), a home-rule municipality organized under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Displays, LLC, acting through Pamela Suggs, its Director of Operations (the "Contractor") acting by and through Pamela Suggs, its Director of Operations. The City has designated the Arts Council of Fort Worth and Tarrant County, Inc. as its Contract Manager to manage this agreement on its behalf. WHEREAS, on May 20, 2017, the City and Contractor entered into City Secretary Contract Number 50758 ("CSC No. 50758"), ("Agreement") whereby Contractor agreed to provide specific services for the purpose of assisting with the care and maintenance of the Public Art Collection; WHEREAS, City is in need of services as specified in this First Addendum (collectively "Services"); WHEREAS, City owns and maintains a public Artwork titled along the river ("Artwork") by Chris Powell ("Artist") which is sited in lower Heritage Park located at Franklin Street and 445 N. Taylor Street, Fort Worth, TX 76109 (Council District 9); WHEREAS, the Artwork is comprised of eight independent pieces: one (1) vertical sculpture measuring 92" x 34" x 23" ("Sculpture") and seven (7) granite block elements measuring 12" x 24" x 24" ("Elements"), a picture of Elements is attached hereto as Exhibit "A" and incorporated herein for all purposes; WHEREAS, in December 2006, the Artwork was partially deinstalled to accommodate construction of the new Tarrant County College building, with the Elements moved to storage/display on the grounds of the Fort Worth Community Arts Center located at 1300 Gendy Street, Fort Worth, TX 76107 ("Arts Center"); WHEREAS, the Elements must be relocated to accommodate site work at the Arts Center; WHEREAS, Artist will enter into an agreement with City to design a final site design including renovations to the attachment method for installation and Contractor is the Artist's selected Contractor to make said renovations; WHEREAS, City wishes to deinstall and move Elements to storage until Artist's final site design is approved and Artist's agreement is executed with Contractor for renovations; and WHEREAS, the City and Contractor wish to set out the additional Services to be provided per the Agreement that will be specific to this addendum and this Artwork with the intent that further Services may be requested by the City through future addenda; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowled agree as follows: First Addendum to CSC 50758 OFFICIAL.RECORD Execution Copy 5/15/18 CITY SECRETARY Page 1 of 5 PTA WORTM,TX I. Contractor agrees to move Elements from its temporary storage/display site at the Arts Center located at 1300 Gendy Street, Fort Worth 76107 to Contractor's facility located at 626 106th Street, Arlington, TX 76011 for temporary storage until such time that the Artist's agreement with the Contractor is executed for repairs to the Elements in advance of installation. 2. The Services to be performed by the Contractor for this First Addendum are set forth in the Contractor's Proposal for moving the Artwork elements ("Contractor's Proposal"), which is attached hereto as Exhibit "B" and incorporated herein for all purposes, and includes all labor, travel, and any other expenses required to complete the Services for this Artwork. If any terms and conditions contained in Exhibit B are contrary to the Agreement or this First Addendum, the terms and conditions of the Agreement shall control first and then the terms and conditions of this First Addendum. 3. In consideration of the Services to be performed under this First Addendum, the City agrees to pay the Contractor an amount not to exceed Four Thousand, Six Hundred and Seventy Two Dollars and No Cents ($4,672.00), which includes a 20% contingency. Payment from the City to the Contractor shall be made on an invoice basis following receipt of a signed invoice with adequate deliverables provided at submission of invoice, all in form acceptable to the City. Contractor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless the City first approves such expenses in writing. 4. Contractor shall coordinate with the City to coordinate the required schedule and availability to access the Artwork. 5. Contractor shall provide in its final report any information related to the services provided under this First Addendum including before and after documentation noting areas of concern and recommendations. 6. Contractor shall take such measures as are necessary to protect the Artwork from loss or damage, including, without limitation, purchasing and maintaining the insurance required in Article 6 of the Agreement. 7. All terms and conditions of the Agreement not specifically addressed herein remain in full force and effect and are binding upon the parties. 8. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those First Addendum to CSC 50758 Execution Copy 5/15/18 Page 2 of 5 te,-rns in Section 808.001 of the Texas Government Code. By signing this .first Addendum, Contractor certifies that C'ontractor's signature provides written verification to the City that Contractor; (I) does not bovcott Israel, and (1) will not boycott Israel during the term of the contract. jN WITNESS WHEREOF the part ereto have executed five copies of this Fourth Addcndurn in Fort Worth,Texas, on day of , 2018. CITY OF FORT WORTH D LAYS. C By: -Gv�/'�� By: Jesus J. Chapa Pa ela ggs Assistant City Manager Dir for of Operations CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Jeri ifer Conn,Public Art Collection Manager Ar' Council of Fort Worth APPROVED AS TO FORM AND�,EGALITY: Jessica angsvang,Assistant City Attorney I1 Form 1295 NIA fvl ary J. K rty cretary No M&C required OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX First Addendum to CSC 50758 Execution Copy 5/15/18 Page 3 of 5 EXHIBIT A ARTWORK(ELEMENTS ONLY) 4 I ' Elements, part of along the river, by Chris Powell First Addendum to CSC 50758 Execution Copy 5/15/18 Page 4 of 5 EXHIBIT B Contractor's Proposal to deinstall, transport, and temporarily store elements of along the river Disph"lam ESTIMATE dba:Displays Fine AA Seevkes 62s top St hkvbl TX 761)11 DATE ES IMTE# Metro:817-385.4433 Yry 15,2018 5103 FAX:817-38&3949 DISPLAYS LLQ www,&olaysfac.aem FINE ART SERVICES O L TO SIP TO RW VX RTH FURS ART FORT WORTH FUDIIC AAT 1300 C31MY Sr. I MRrATIMIM DISFLAYSIM I DBTH STREET FORT WORTH,TX 76107 ARUNGTON,TX 78011 REP TERMS PROJECT f PO t Lynda Gadd Net 30 (Iris Po�se1 ITEM DESCRIPTM PRICE EACH ESTIMATE LABOR NIST ARL Harr of labor to de-i mW seven granite blocks 12 x 65.01) 2,080.00 24 x 24"each with dehery to DFAS EQUIPMENT Reach fork equipment mW 1,263.52 1,263.52 RENTAL INST ARL EQUIPMENT USE �49le9 INST ARL 9— 300.01) 30D.D0 MATERIALS iNST ARL Matn*needed 2000 200.00 STORAGE NCC STOR ARL Nan dimale dorage per month tar(7)grarile blocks 50.0D 50.00 COLLECTION DATE RANGE: O5 AM118 - 05r13R018 DELIVERY DATE"": - THIS ESTUATE 5 NOT A COlFWMATM OF BOORNG AM DOES NOT INCLUDE TRANSIT WSUGINCE UNLESS OTHERWISE NOTED. SUBTOTAL $ 3.893.52 Thank you for the estimate request. SALES TAX f 8.08 CREDITS $ TOTAL S 3,893.52 Please see additional Pmes. Please sign Terms and Conditions page. hh.atE page 1 First Addendum to CSC 50758 Execution Copy 5/15/18 Page 5 of 5