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FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 50690
12 2018 AGREEMENT BETWEEN THE CITY OF FORT WORTH
G�tiS�ECRF A Y H AND VOLKAN ALKANOGLU DESIGN, LLC FOR COMMISSION
OF PUBLIC ART FOR WESTCREEK DRIVE
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 50690 ("First
Amendment") is made and entered into by and between the City of Fort Worth ("City"), a home-rule
municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City
Manager, and Volkan Alkanoglu DESIGN, LLC, an Oregon business, located at 4440 SW Hillside
Drive, Portland, Oregon, 97221 and acting by and through Volkan Alkanoglu, its duly authorized
representative ("Artist"). 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, funding for the commission of a project for Westcreek Drive has been allocated
from the 2004 Capital Improvement Program, Proposition 1, and from the Specially Funded Capital
Projects Fund (Public Art Fund), and the project was included in the Fort Worth Public Art Fiscal
Year 2018 Annual Work Plan, adopted by the Fort Worth City Council on October 17, 2017, (M&C
G-19139);
WHEREAS, On November 13, 2017, the Fort Worth Art Commission approved Artist's
Artwork Design (City Secretary Contract 448602, as amended) for an artwork, and the Artist was
placed under a Commission Contract, City Secretary Contract 450690;
WHEREAS, After City Secretary Contract 450690 was executed, Artist learned that his
original fabricator was no longer available;
WHEREAS, Artist has contracted with a suitable new fabricator, Ignition Arts, who will
update the engineering and handle fabrication, transportation, footings and installation of the Work,
within budget and including the use of the full contingency;
WHEREAS,Ignition Arts's agreement with the Artist requires a restructuring of the payment
schedule, so that Ignition Arts receives 50%of the full amount in order to begin the work and receives
subsequent payments at specific completion intervals; and
WHEREAS, Artist's work shall be based on the approved original Artwork Design, with
slight changes in dimensions; a site-specific pedestrian bridge that will span the culvert along
Westcreek Drive between Bilglade and I-20, enhancing pedestrian connectivity from Westcreek
Drive to the Trinity Trails via Kellis Park, Foster Park and Overton Park. Entitled Drift,the bridge is
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FT. TX
inspired by the natural formations of the creek and the mid-century architecture of the neighborhood
and transforms from a geometric to an organic shape, widening in the center to offer seating for the
public to briefly rest and enjoy the view. Made from Spanish Cedar, the ADA compliant bridge will
now be slightly shorter and narrower than originally planned due to shop restrictions at the new
fabricator; strips of Spanish Cedar will overlay two custom fabricated wide flange beams that follow
the bridge contour, with CNC fabricated steel ribs attached to the beams at equidistant intervals. It
will be treated with a clear coat and an anti-graffiti coating;the design has deterrents to skate-boarding
integrated into it allows rain water to run off;
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 apportion out the
contingency across the payment schedule and allow Artist to make timely payments to their fabricator,
including a 50%deposit to begin work,per their agreement. Sections 3.1.and 3.2.are deleted in their
entirety and replaced to read as follows:
"3.1. Compensation.
Total compensation to Artist under the Agreement shall be an amount up to THREE HUNDRED
SEVEN THOUSAND, THREE HUNDRED SEVENTY ONE DOLLARS AND SEVENTY
THREE CENTS ($307,371.73) which shall constitute full compensation for any and all costs
associated with this Agreement, including, but not limited to, fabrication, transportation, installation,
engineering and consulting fees, insurance, storage costs, all travel expenses and services performed
and materials furnished by Artist under this Agreement."
"3.2. Payment Schedule.
a. 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:
i. FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) upon execution of
this Agreement.
ii. ONE HUNDRED FIVE THOUSAND DOLLARS AND NO CENTS ($105,000.00)
upon the Contract Manager's verification that Artist has entered into a contract with
Ignition Arts.
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iii. SIXTY TWO THOUSAND DOLLARS AND NO CENTS ($62,000.00) upon the
Contract Manager's verification that fabrication of the Work is 50%complete.
iv. SIXTY TWO THOUSAND DOLLARS AND NO CENTS ($62,000.00) upon the
Contract Manager's verification that the Work is 100%complete.
V. FOURTEEN THOUSAND DOLLARS AND NO CENTS ($14,000.00) upon the
Contract Manager's verification that the Work is installed.
vi. FOURTEEN THOUSAND THREE HUNDRED SEVENTY ONE DOLLARS AND
SEVENTY THREE CENTS ($14,371.73) within thirty-five (35) calendar days after
Final Acceptance and receipt by City of such documentation it may require concerning
payment of supplies and services rendered to Artist [see Article 2.7.]."
11.
Section 15, "Notices," of the Agreement is hereby amended to change the Artist's address to
be as follows:
"ARTIST: Volkan Alkanoglu DESIGN, LLC
4440 SW Hillside Drive
Portland, Oregon 97221"
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, and any undefined terms in this First
Amendment shall have the meaning provided in the Agreement
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in Fort Worth,
Texas, to be effective this 3rd day of October , 2018 ("First Amendment Effective
Date").
CIT17OF FORT WORTH ARTIST
by: by:
' Jesus J. Chapa Volkan Alkanoglu,
Assistant City Manager Volkan Alkanoglu D ... .-
Amendment#1,Agreement with Volkan Alkanoglu Design,LLC, for Commission of Public Artwork for Wesl reek Drive
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FT'.IEJ U64� ,
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.
Name: Anne Allen
Title: Public Art Project Manager
APPROVE S TO FORM AND GALITY:
Jessica ang ang !
Senior Assi t City Attorney
Form 1295: N/A
ATTESTED BY: %?
OF FONT
MryKys ( . �
City Secretary
M&C: N/An
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