HomeMy WebLinkAboutContract 35428-A3 CITY SECRETARY _�3
CONTRACT NO.
1 THIRD 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 ("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") amended the Contract (City Secretary
Contract No. 36533) ( "Contract Amendment") as authorized by City Council (M&C C-22334)
on August 21, 2007;and,
WHEREAS, on November 18, 2008, the City of Fort Worth ("City") and Cliff Garten &
Associates, Inc., dlblal Cliff Garten Studio ("Artist") further amended the Contract (City
Secretary Contract No. 35428) (the "Second Contract Amendment") as authorized by City
Council(M&C C-23150)on October 28,2008;and,
WHEREAS, under the Contract, as amended, Artist is to design, fabricate and install six
(6) three-dimensional, freestanding, stainless steel sculptures approximately 35' entitled
"Avenue of Light" (the "Work") on Lancaster Avenue in downtown Fort Worth, Texas (the
"Site"); and,
WHEREAS, the Second Contract Amendment deleted lighting from the Artist's Scope of
Work; and,
WHEREAS, City desires to add the following items back into Artist's scope of work,
including, furnishing and delivering of sculpture lighting fixtures and equipment to the Site for
installation by the City's contractor; 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:
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CnYSECR TARP
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CONTRACT AMENDMENT 43 Page 1
C1iffGarten Studio
02-02-09 A11 : 17 IN
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" and to furnish and
deliver associated light fixtures and equipment to the Site(the"Work"); and,"
II.
Section 1.4. Delivery. This Section is amended to add the furnishing and delivery of light
fixtures and equipment to the Site to Artist's responsibility, as follows:
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 and for furnishing and delivering light fixtures and
equipment in a timely fashion.
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 TWO
HUNDRED FORTY THOUSAND SEVEN HUNDRED FORTY
DOLLARS AND NO CENTS ($1.240.740) (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,
fabrication, transportation, insurance, incidental costs, Artist's fees and all
travel expenses. ,_,_
FOFFIGjAL
TAARYCONTRACT AMENDMENT#3 !X Page 2
Cliff Garten Studio
{ (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 ($251,953) 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 TWENTY SIX THOUSAND SIX HUNDRED
DOLLARS ($126,600) upon delivery of six(6) sculptures and two
(2) concrete forms and hardware for the construction of the pilings
and bases to the site;
(f) 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(3 0)days after Final Acceptance."
Funds previously paid to the Artist prior to this amendment shall apply toward the total fee.
VI.
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.
CITY SECRETARY
CONTRACT AMENDMENT N3 FT.WOMB TX Page 3
Cliff Gatten studio
IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract
amendment in Fort Worth, Texas, this `A day of _ _, 2449.
--TATTEST; CITY OF FORT WORTH
By:
City Secretary Fernando Costa
Assistant City Manager
E�m:&c REQUIRED
APPROVED STO FORM AND LEGALITY:
tit
Assistant City Atf6rney
ARTIST
Cliff Gj foat , Inc.
{
By: CVff Garten
Title:
M SEGRU Y
F E URTFfM
CONTRACT AMENDMENT#3 Page
Cliff Garters Studio