HomeMy WebLinkAboutContract 35428-A2 SECOND AMENDMENT TO CITY SECRETARY
CONTRACT NO. 35428
WHEREAS, on June 25, 2007, the City of Fort Worth ("City") and Cliff Garten &
Associates, Inc., d/b/a Cliff Garten Studio ("Artist") entered into City Secretary Contract No.
35428 (the"Contract") as authorized by City Council(M&C C-21291)on February 14,2006 and
the City designated the Arts Council of Fort Worth and Tarrant County, Inc. as its Contract
Manager; and,
WHEREAS, on January 24, 2008, the City of Fort Worth ("City") and Cliff Garten &
Associates, Inc., d/b/a Cliff Garten Studio("Artist") and entered into City Secretary Contract No.
36533 (the "Contract Amendment"} as authorized by City Council (M&C C-22334) on August
21, 2007; and,
WHEREAS, under the Contract, as amended, Artist is to design, fabricate and install six
(6) three-dimensional, freestanding, internally-lit stainless steel sculptures approximately 35' in
height with associated spot lighting entitled "Avenue of Light" (the "Work") on Lancaster
Avenue in downtown Fort Worth, Texas (the "Site"); and,
WHEREAS, the City desires to delete the following items from Artist's scope of work,
including, unloading and installing the sculptures at the Site and furnishing and installing
sculpture lighting; and,
WHEREAS, the City requires that Artist's Fee under the Contract, as amended, be
adjusted accordingly; and,
WHEREAS, it the mutual desire of City and Artist to further amend the Contract.
NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth,
Texas 76102, acting by and through Fernando Costa, its duly authorized Assistant City Manager,
and Artist acting by and through Cliff Garten, President, whose address is 1315 Preston Way,
Venice, CA, 90291, do hereby agree as follows:
I.
Recitals—The third paragraph of the Agreement is amended to be read as follows:
"WHEREAS, the Artist was selected by the City through a selection process
conducted by the Contract Manager with oversight of the Fort Worth Art Commission
to design, fabricate and deliver six (6) three-dimensional, freestanding, stainless steel
sculptures approximately 35' in height entitled "Avenue of Light", as described in
Artist's proposal attached hereto as Exhibit"B", (the"Work"); and,"
OFFICIAL RECORD
CITY SIT'CRE TRY
CONTRACT AMENDMENT 92 � ����� �
Cliff Garten Studio ,
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11.
Section L L General. This Section is amended as follows:
A. Section I.La. is amended to remove reference to installation.
"a. The Artist shall perform all services and will furnish all supplies,
materials, and equipment as necessary for the transportation of the Work
at the Site, as set forth in Section 1.4. Serviccs shall be performed in a
professional manner and in substantial compliance with all material terms
and conditions in this Agreement."
B. Section 1.1.c. is deleted in its entirety.
C. Section 1.1.e is deleted in its entirety.
Ill.
Section 1.3. Execution af the Work. This Section is amended to remove reference to
installation, as follows:
"a. Upon execution of this Agreement, Artist shall promptly furnish to
the Contract Manager a schedule for the completion of the fabrication of
the Work, including a schedule for the submission of progress reports, and
engineered drawings as required. After written approval of the schedule
by the City, the Artist shall oversee the work, the fabrication, and
transportation of the Work in accordance with such schedule. Schedule
changes may be accomplished by written agreement between the Artist
and the City."
IV.
Section 1.4. Delivery and Installation. This Section is amended to remove reference to Artist's
responsibility to install the Work,as follows:
"Section 1.4. Delivery
a. The Artist shall notify the City, through its Contract Manager, in
writing when fabrication of the Work is completed and is ready for its
delivery and installation at the Site.
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C1ifrGarten Studio
b. The Artist shall deliver the completed Work at the Site in
compliance with the schedule approved pursuant to Section 1.4; provided,
however, that delivery may not commence until written permission is
delivered to the Artist by the Contract Manager.
C. The City is responsible for the installation and cost of concrete
pilings and bases for the sculptures. The City shall cause the construction
of the pilings and bases according to the stamped engineering drawings
provided by the Artist, as approved by the City. The Artist is responsible
for providing two (2) concrete forms and hardware for the construction of
the pilings and bases in a timely fashion.
d. The City is responsible for providing electrical service to the
sculpture sites in substantial conformance with the electrical engineering
plan provided by the Artist, as approved by the City.
e. The City is responsible for landscaping the medians.
£ The Artist, individually and through its subcontractors, including
its fabricator, shall take all necessary precautions to protect and preserve
the integrity and finish of the Site while delivering the Work. The Artist
shall repair any damage to the Site due to delivery or his negligence or the
negligence of his subcontractors.
g. Prior to installation of the Work, Artist shall provide to City
written instructions for appropriate maintenance and preservation of the
Work. The appropriate maintenance and preservation instructions shall
not be substantially different from the maintenance and preservation
anticipated and conveyed to City for the Work in the design phase for the
Work."
V.
Section 2.1. Fee. This Section is amended to be read as follows:
"a. The City shall pay the Artist a fee of ONE MILLION ONE
HUNDRED FOURTEEN THOUSAND ONE HUNDRED FORTY
DOLLARS AND NO CENTS ($1,114,140) (the "Fee"'), which shall
constitute full compensation for all services and materials to be performed
and furnished by the Artist under this Agreement, inclusive of execution,
CONTRACT AMENDMENT#2 Page 3
Cliff Garten Studio
fabrication, transportation, insurance, incidental costs, Artist's fees and all
travel expenses.
(a) FIVE HUNDRED FIFTY THOUSAND DOLLARS ($550,000)
upon full execution of'this Agreement and submission of schedule;
(b) TWO HUNDRED FIFTY-ONE THOUSAND NINE HUNDRED
FIFTY-THREE DOLLARS ($251,)53) upon full execution of the
Contract Amendment and submission of revised schedule;
(c) ONE HUNDRED FORTY-NINE THOUSAND SEVEN
HUNDRED THIRTY DOLLARS ($149,730) upon completion of
post-processing of steel plates;
(d) FIFTY-FIVE THOUSAND EIGHT HUNDRED FIFTY-TWO
DOLLARS ($55,852) upon completion of fabrication of the first
two sculptures and approval of City before delivery of the first two
sculptures to site;
(e) ONE HUNDRED SIX THOUSAND SIX HUNDRED FIVE
DOLLARS ($106,605) within thirty-five (35) days after Delivery
of all six sculptures and Final Acceptance and receipt by City of
such documentation it may require concerning payment of services
and supplies rendered to the Artist [see Section 1.6 (a)]; provided,
however, that final delivery shall not be tendered prior to the
expiration of thirty(30)days after Final Acceptance."
Funds previously paid to the Artist prior to this amendment shall apply toward the total fee.
VI.
Section 2.1. Fee. This Section is amended to delete 2.1.b.
VII.
Section 5.1. General. This Section is amended to remove reference to installation.
"The Artist shall carry insurance as set out in Exhibit "C".
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Cliff Garten Studio
"Except as provided in Section 1.7 hereof, the risk of damage to or loss of the
Work shall, during fabrication and delivery but prior to Final Acceptance, shall be
solely that of the Artist. This risk shall transfer to the City and shall no longer be
the responsibility of the Artist upon Final Acceptance."
VIII.
All other terms and conditions of City Secretary Contract No. 35428 not amended herein
remain unaffected and in full force and effect, are binding upon the parties, and are hereby
ratified by the parties.
IN WITNESS WHEREOF, the parti s kereto have executed four copies of this contract
amendment in Fort Worth,Texas, this day of _, 2008.
ATTEST: CITY OF FORT WORTH
By: ��....._,
City Secretary Fernando Costa
Assistant City Manager
L.-a,3 i 's 0
AP ROVE TO FORM AND LEGALITY: Contract authorization
1® 128 n
ssistant City Atto ney �
ARTIST
Cliff WSStes,Inc.
By: liff Garten
Title: _ &-4Z1 E1V7'"-
OFFICIAL RECORD
CONTRACT AMENDMENT 92 CITY SECRETA
Cliff Garten Studio
Fr.WORTH,rx
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/2812008
DATE: Tuesday, October 28, 2008
LOG NAME: 20AVEOFLIGHT REFERENCE NO.: C-23150
SUBJECT:
Authorize a Construction Contract with Northstar Construction, Inc., for Infrastructure Construction,
Lighting, Site Work and Installation of the Lancaster Avenue Median Lighting Project (Avenue of
Light) in an Amount Not to Exceed $247,750.00
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a construction contract with
Northstar Construction, Inc., in an amount not to exceed $247,750.00 for infrastructure construction,
lighting, site work and installation of the Lancaster Avenue Median Lighting Project (Avenue of Light).
DISCUSSION:
This Construction Contract will provide site work, electrical infrastructure, light fixtures, concrete pilings and
bases and installation of six 35 foot stainless steel sculptures being fabricated and delivered by Cliff Garten
and Associates, Inc., d/b/a Cliff Garten Studio, for the median of Lancaster Avenue between Lamar and
Commerce Street.
The contract budget of$247,750.00 shall be provided from two funding sources:
1. Economic Development Initiative (EDI) Special Project grant in the amount of$198,400.00 from the U.S.
Department of Housing and Urban Development (HUD), as previously approved by City Council (M&C G-
15787) for the Lancaster Avenue Median Lighting project. The HUD EDI grant would reimburse City funds
used to provide necessary infrastructure for the sculptures; and
2. The remaining $49,350.00 shall come from the project budget previously approved by City Council on
August 21, 2007, (M&C C-22334) authorizing a contract amendment with Cliff Garten and Associates, Inc.,
d/b/a Cliff Garten Studio, in the amount of $550,000.00. (NOTE: A contract amendment is currently being
executed with Cliff Garten and Associates, Inc., d/b/a Cliff Garten Studio, to reduce the artist's scope of
work and budget in light of the scope of work to be provided through the contract with Northstar�`
Construction, Inc.).
The project was advertised on September 11 and 18, 2008. The following bids were received on October
9, 2008:
BIDDER AMOUNT
Northstar Construction, Inc. $247,750.00
Vendignm Construction, LLC $258,250.00
AUI Contractors, Inc. $265,090.00
MICA Corporation $387,025.00
Time of Completion: 45 Calendar Days Specified.
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In addition to the construction cost, funding in the amount of$9,910.00 is required for inspection services.
Northstar Construction, Inc., is in compliance with the City's Disadvantaged Business Enterprise Program
(DBE) by committing to 21 percent DBE participation. The City's goal on this project is 20 percent.
The project is located in COUNCIL DISTRICT 9, Mapsco 76C and 77A.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budgets, as appropriated, of the Specially Funded Capital Projects Fund and the Grants Fund.
TO Fund/Accnunt/Centers FROM Fund/Account/Centers
0291 541200 03998003788.0 X59,260,00
GR76 541200 006246164010 $198,400.00
Submitted_for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Greg Simmons (7862)
Jim Walker {8009}
Additional Information Contact: Martha Peters (298-3025)
httn://www.fortworthizov.orizlcouncit packet/Reports/mc print.asp 11/6/2008