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Home My WebLink AboutContract 35810CITY SECRET�Fi1P '� CC)NTRACT IVO. � AMENDMENT TO CITY SECRETARY CONTRACT NO. 34031 WHEREAS, on September 25, 2006, the City of Fort Worth ("City") and Connie Arismendi ("Artist") made and entered into City Secretary Cont��act No. 34031 (the "Cont�act") as authorized by City Council (M&C C-21328) and the City designated the Arts Council of Fort Worth and Tarrant County, Inc. as its Contract Manager; WHEREAS, under the Contract, Artist shall design, fabricate, deliver and consult on the installation of a light sculpture, described as five or more rings of light fabricated in i-Light Plexineon, or equal product, ranging from approximately 12' to 50' diameter installed on the upper 180' of the 480' tower (the "Work") for the Rolling Hills Radio Tower; WHEREAS, after preliminary design of the Work, a new light product, Color Kinetics iColor Flex SLX, became available, which the Artist recommends for use in place of i-Light Plexineon for its superior durability, and because it is a self-contained system that includes all necessary components, which will make maintenance easier; WHEREAS, it is the mutual desire of City and Artist to create a more durable Artwork that is easier to maintain; and WHEREAS, the new light product, Color Kinetics iColor Flex SLX, also has the ability to display and animate a full spectrum of coloi•, which allows for a broader range of expression; and WHEREAS, the City has authorized an increase of ELEVEN THOUSAND ONE HITNDRED NIlVETY FIVE DOLLARS AND NO CENTS ($11,195) in the contract amount; and WHEREAS, the Long R�nge Pacblic Af•t Plczti for� tlze Watef• Ficnd, adopted by City Council in May 2006, authorizes the use of funds from the Public Art Fund tq au�r�� .. . _ . .J �� \' �� - arc,o� �� ; ��V1 CONTRACT AMENDMENT CSC NO. 34031 -� .•I �� e 1 Connie Arismendi i U � � ,� '��;�� I � � �j . .� '�:J 1 ��'t � `�-L`'1'__ � budget for bond-funded projects that requue additional funds to fully implement. NOW, THEREFORE, City, whose address is 1000 Tluockmorton St�eet, Fort Worth, Texas 76102, acting by and tluough Libby Watson, its duly authoi-ized Assistant City Manager, and Connie Arismendi, whose address is 4009 Rosedale Avenue, Austin, Texas 78756, do hereby agree as follows: I. Sectio�z 1.3 Execution of t12e Af•t Work. This section is amended to be read with the addition of the following subsections: "d. City and Artist agree that Artist shall adjust the design of the Artwork and its specifications such that the Artwork is fabricated using Color Kinetics iColor Flex SLX (the Adjustment)." "e. Artist shall design at least five Artwork lighting programs for presentation to community stakeholders for input and for review and approval by the Art Commission." "f. Artist shall provide the City with written Artwork Programining Guidelines for review and approval by the Art Commission. These guidelines shall detail the terms for display of the Artwork lighting programs; shall state the limitations for any alterations by others to the artistic expression, scope, color, size, material, and texture of the Artwork; and shall address the process for and conditions under which any future lighting programs might be created by the Artist for the Artwork." � CONTRACT AMENDMENT CSC NO. 34031 Page 2 Connie Arismendi Ar�ticle 2 Compensatioti and Payment Schedicle This section is amended to be and read as follows: "2.1. City and Aj�tist agree that the contract amount of SIXTY ONE THOUSAND ONE HUNDRED NINETY FIVE DOLLARS AND NO CENTS ($61,195) shall constitute full compensation for all matei7als furnished and services to be pei%rmed by Artist under this Agreement and for the completion of the Artwork as proposed, inclusive of final design, execution, fabrication, transportation, delivery, installation consultation, insurance, incidental costs and Artist's fee. The fee shall be paid in the following installments, expressed as fixed amounts, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. TEN THOUSAND DOLLARS ($10,000) upon execution of this Agreement. b. TWENTY THOUSAND DOLLARS ($20,000) upon approval by City of (1) Artist's final detailed specifications regarding lighting diameter, and placement on radio tower; (2) the schedule of completion; and (3) copies of written agreements between Artist and her lighting subcont�actor. c. ELEVEN THOUSAND ONE HUNDRED NINETY FIVE DOLLARS AND NO CENTS ($11,195) within thuty (30) days after City notifies Artist of its approval of the deliverables and services outlined in Section 1.3.e & f. d. TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500) upon submission by Artist to City of (1) a written request to proceed with delivery and consultation at the Site and (2) written documentation that fabrication of lighting is complete and ready for delivery. e. SEVEN THOUSAND FIVE HiTNDRED DOLLARS ($7,500) within thirty-five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of services and supplied rendered to the Artist [see Section 1.6 (a)]; provided, however, that final delivery shall not be tendered prior to the expiration of thirry (30) days after final acceptance." CONTRACT AMENDMENT CSC NO. 34031 Page 3 Connie Arismendi All other terms and conditions of City Secretary Contract No. 34031 not amended herein remain unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by the parties. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) CONTRACT AMENDMENT CSC NO. 34031 Page 4 Connie Arismendi IN WITNESS WHEREOF, the parties ereto h; amendment in Fort Worth, Texas, this day of ATTEST: . City Secret CITY ABPROVED S TO FORM AND LEGALITY: � ' J ;-, � �� ,,� � � Assistant City Att rney rao �� [��r��:t� exe uted o• copies of this contract , 2007. %- � [�FORT WORTH �.� ia � �� r' � �- Libby Wa�s�n Assistant City Manager CONNIE ARISdVIENDI �- . � � � � � � ;� �- 1�� , ,,� , �. STATE OF TEXAS § § COUNTY OF TARRANT § This inst�ument was acknowledged before me on ,,�� ;-�--� �? C��r, 2007 by Libby Watson, Assistant City Manager, City of Fort Worth, on behalf of the City of Fort Worth, Texas. � '�" P��'' ROSELLA BAfiNES : =oti... a �•,; *: ` MY COMMISSION EXPIRES :'�;, 5E+,�� Maroh 31, 2009 '��F �ii �� STATE OF TEXAS COUNTY OF TARRANT . � � �� .� �.�'rt %3��y�� NOTARY PUBLIC, STATE OF TEXAS This inshument was acknowledged before me on by Connie Arismendi, Artist. 5��" �''�"' � P1/ % � . 2007 . _� .: �;;� � v��,..T,_- �,.. ,�. / � V��L� I�- J�4P;:�P��(��o J��fiY DEAN BLACKUVEL� II� ��, ��- " ""�� :'� ,�� NQT�RY Pu�LIC � 1tTOTA�• PUBLIC, STATE OF TEXAS '�'�„ 5fate of Texas � '•. ai'••....•+p; ' ( � ' �4�oF�.•• Comm. Exp. 03-07-2�11 �. . ,-�_, - .--. CONTRACT AMENDMENT CSC NO. 34031 Connie Arismendi ��c� ^rrN+,I'' �• ,._. � r p o, nl ��;i' f i� � �\:' : � � }; iS �1;� V `�'I'7 ' ��U;�� 5��151L�� Page5 � �r(!;(li G �U � ��, ��.� ��i, ��L3, _ �