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Home My WebLink AboutContract 47048-A1 'YY S70,RETARY N0. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 47048 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JILL BEDGOOD FOR REVISED PRELIMINARY DESIGN OF PUBLIC ART FOR THE SUMMER CREEK ROUNDABOUT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.47048("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 Jesus J. Chapa, its duly authorized Assistant City Manager, and Jill Bedgood, an individual, located at 934 West Agarita Avenue, San Antonio, TX 78201. 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, Artist was placed under Revised Preliminary Design Agreement (Fort Worth City Secretary Contract No. City Contract#47048, executed September 28, 2015)("Agreement"); WHEREAS,City no longer expects to implement the project,but if in future City wishes to implement the project,City will contact Artist to determine if Artist is interested in contracting with City for final design, engineering, fabrication and installation of the Work, and the location at the Site where Work may be installed will be mutually agreed upon by City and the Artist; WHEREAS, notwithstanding the above, City desires that Artist submit the remaining deliverables for the Revised Preliminary Design and City will compensate Artist for the Work in order to complete the Agreement and include the Work in the Fort Worth Public Art archives.Artist retains copyright to the Revised Preliminary Design. Contract Manager shall present the completed Revised Preliminary Design deliverables to the Fort Worth Art Commission as a Report of Staff; 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. As the City is no longer implementing the work, Article 2, "Scope of Services and Deliverables," is hereby amended to allow Artist to provide the remaining deliverables as listed in 2.4.iii. and 2.4.v.; acknowledges that deliverables 2.4.i., 2.4.ii. and 2.4.iv. are substantially complete, and removes the requirement that the Revised Preliminary Design must be presented to the FWAC and approved by the City. A) Section 2.1 is deleted in its entirety and replaced to read as follows: "2.1. Scope of Services. a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary , m for developing a Revised Preliminary Design of the Work and for providing the Revised Preliminary 6M n _t p}c{yp C'1� t 11 � G ty?`f~L r Yb V(��(^;I��'I^^pp,, V,�F z1lt, of IR EJ D o Ag44nent Between the City of Fort Worth and Jill Bedgood for CITY SECRETARY z AmBfrdment#1,Revised Preliminary Design of Public Art for the Summer Creek Roundabout Ex cutip�C�Vs]j/�( e a Design Deliverables. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work." B) Section 2.4 is deleted in its entirety and replaced to read as follows: "2.4. Revised Preliminary Desil?n Deliverables. a. Within two(2)months after the First Amendment Effective Date,Artist shall provide services and all supplies,materials,and equipment necessary to provide certain deliverables,as set forth in this Article to City. Revised Preliminary Design Deliverables shall consist of the following: i. Revised Preliminary Design illustrations showing the proposed Work from two vantage points, including a plan view, as well as illustrations of the imagery proposed for each rondel, which shall be in a high resolution digital format such as JPEG or TIF files; ii. A narrative description of the Artist's concept,proposed materials,fabrication,and installation methods; iii. Installation diagram, including approximate weight of the Work, proposed base, footing, or attachment method(s) and, if applicable, location(s) for any electrical outlets and lighting fixtures; iv. Prototype models or illustrations for the Work that show the size and placement of the Work in relation to the Site,as appropriate; and V. A preliminary budget estimate,on the budget form attached to the Agreement as Exhibit"C," for implementation of a final design of the Artwork in an amount not exceed $208,904.00, which includes all costs for materials, labor, fabrication, delivery, installation, insurance, transportation, remaining Artist's fee, and all other associated costs for the Work, including, but not limited to, lighting and travel." 11. Article 3, "Compensation and Payment Schedule," is hereby amended to allow Artist to receive payment upon receipt of the Revised Preliminary Design Deliverables. A) Section 3.1 is deleted in its entirety and replaced to read as follows: "3.1. Compensation. Total compensation to Artist under the Agreement shall not exceed NINETEEN THOUSAND, EIGHT HUNDRED FIFTY-THREE DOLLARS AND NO CENTS ($19,853.00), which shall constitute full Agreement Between the City of Fort Worth and Jill Bedgood for Amendment#l,Revised Preliminary Design of Public Art for the Summer Creek Roundabout Execution Copy 11/6/18 2 of 4 compensation for any and all costs associated with this Agreement, including Artist's fee, consulting fees, all travel expenses and services performed and materials furnished by Artist under this Agreement." B) Section 3.2 is deleted in its entirety and replaced to read as follows: "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. SIX THOUSAND, NINE HUNDRED FORTY DOLLARS AND NO CENTS ($6,940.00) upon execution of this Agreement. b. FOUR THOUSAND, FOUR HUNDRED SEVENTY-ONE DOLLARS AND NO CENTS ($4,471.00) after first presentation of Revised Preliminary Design to the FWAC and receives community stakeholder input. C. EIGHT THOUSAND,FOUR HUNDRED FORTY TWO DOLLARS AND NO CENTS($8,442.00) within thirty(30)calendar days after Artist submits all of the Revised Preliminary Design Deliverables required under Article 2.4 of this Agreement and Project Manager deems the Revised Preliminary Design Deliverables to be complete." III. Article 11, "Miscellaneous," is hereby amended to add section 11.18 to address a new mandatory state law requirement to read as follows- "11.18 ollows:"11.18 PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL. Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, 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 terms in Section 808.001 of the Texas Government Code. By signing this Agreement,Artist certifies that Artist's signature provides written verification to the City thatArtist.(I)does not boycott Israel,and(2) will not boycott Israel during the term of the Agreement." IV. Funds previously paid to the Artist(specifically, payments 3.2.a. made on January 7, 2016 and 3.2.b. made on January 18, 2018) prior to this First Amendment shall apply toward the total compensation paid to the Artist. V. 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 Agreement Between the City of Fort Worth and Jill Bedgood for Amendment#1,Revised Preliminary Design of Public Art for the Summer Creek Roundabout Execution Copy 11/6/18 3 of 4 IN WITNESS WHEREOF,the parties hereto have executed four copies of this First Amendment in Fort Worth,Texas,to be effective this _day of 4oe a#x 6AA-d ,2018("First Amendment Effective Date"). CITY OF FORT WORTH ARTIST by: , by. Jesus J.Chapa V Jill Bedgo Assistant City Manager CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuni all performing requirements. anc d port Name:Anne Allen Title:Public Art Project Manager APPROV S TO FORM AND LECA ITY Jessicd Sangs Senior Assis ity Attorney Form 1295:N/A ATTESTED BY: �0RT^��4� ®X.. Mary J.Kayser City Secretary .• No M&C Required`"" Agreement Between the City ofFort Worth d Jill Bedgood for .Of I 11 RECORD Amendment Nl,Revised Preliminaryof Public Art for the Summer Creels Roundabout Exec ton a `p�6j�g CITY SECRETARY FT WORTH,TX