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HomeMy WebLinkAboutContract 36509was, AMENDMENT TO CITY SECRETARY CONTRACT N0.35035 WHEREAS, on February 28, 2007, the City of Fort Worth (the "City") and Cameron Schoepp a made and entered into City Secretary Contract No. 35035 (the "Contract") as authorized by City Council (M&C C-21832) 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 install a three- dimensional work of art which shall include two carved limestone drinking fountains, three carved limestone benches, and xeriscape landscape treatments (the "Work") to enhance the front yard of Fire Station 38; and, WHEREAS, the construction of Fire Station 38 was completed before the Work was ready to install, causing certain aspects of site preparation to be left for the Artist to address at the time of installation of the Work; and, WHEREAS, lighting of the Work and working drawings sealed by an engineer were not identified in the Contract; and, WHEREAS, it is the mutual desire of City and Artist to address these issues to ensure the success of the Work; and WHEREAS, the project is funded by the Public Art Fund per the Long Range Public Art Plan for• the Water Fund, adopted by City Council in May 2006, and a contingency fund exists in the Public Art Fund for unanticipated costs. NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth, Texas 76102, acting by and through Libby Watson, its duly authorized Assistant City Manager, and Cameron Schoepp, whose address is 3308 West 4t11 Street, Fort Worth, ,7§ 1075 do=,�reby Page 1 agree as follows: I. 1.1. General . This section is amended to be read with the addition of the following subsection: "e. The Artist shall be responsible for designing and installing base/footings, plumbing, electrical lines and lighting, and shall be responsible for obtaining City permits." II. 1.3. Final Design Phase and Execution of the Work This section is amended to be read as follows: " a. The Artist shall meet with the Fire and Water Departments to receive input regarding text for the Work. This information will be presented to the Fort Worth Art Commission as a final design. b. Upon execution of this Agreement, Artist shall promptly furnish to the City 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 fabricate, transport and install the Work in accordance with such schedule. Schedule changes may be accomplished by written agreement between the Artist and the City. c. Artist shall provide comprehensive working drawings detailing the means of installing the Work at the Site, including footings and attachment methods for the Work, together with such other graphic material as may be requested by City in order to permit City to carry out structural design review. These drawings must have a State of Texas -licensed Engineer's and/or Architect's seal as required by City for the City's review and approval. d. Artist shall provide an electrical and lighting plan for review and approval by the City and the Art Commission. This plan shall include lighting product information including product tear sheets or product image and specifications, structural support for the lighting and an illustration showing the proposed lighting fixture in the context of the Work for review and approval by the City. Page 2 e. The City shall have the right to review the Work at reasonable times during its fabrication. f. The Artist shall complete the fabrication of the Work in substantial conformity with the Proposal. However, Artist may present to the City, in wrng for further review and approval, any significant changes in the scope, design, color, size, material, or texture of the Work not in substantial conformity with the Proposal. The Contract Manager shall, in light of the Proposal, determine whether a significant change requires City approval. Article 2 Compensation and Payment Schedule follows: This section is amended to be read as " 2.1. City and Artist agree that the contract amount of SIXTY THOUSAND ONE HUNDRED SIXTY SEVEN DOLLARS AND THIRTY ONE CENTS ($60,167.31) shall constitute full compensation for all materials furnished and services to be performed 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. FIVE THOUSAND ONE HUNDRED DOLLARS ($5,100.00) upon execution of this Agreement. b. TEN THOUSAND TWO HUNDRED DOLLARS ($10,200) upon review and apPioval by City of text used on sculpture. c. FIFTEEN THOUSAND THREE HUNDRED DOLLARS ($15,300) upon submission of estimates from the Artist's stone, electrical, and lighting suppliers [see Section 1.3 (a)]. Page 3 d. NINETEEN THOUSAND THREE HUNDRED SIXTY SEVEN DOLLARS AND THIRTY ONE CENTS ($19,367.31) upon approval of the deliverables set forth in Section 1.3.(c & d) and 50% completion of stone sculpture(s). e. TEN THOUSAND TWO HUNDRED DOLLARS ($10,200) wn 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 thirty (30) days after Final Acceptance. Funds previously paid to the Artist prior to this amendment shall apply toward the total fee." All other terms and conditions of City Secretary Contract No. 35035 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) Page 4 IN WITNESS WHEREOF, the parties ereto ha executed four copies of this contract amendment in Fort Worth, Texas, this I__L! day of , 2008. ATTEST: w L ,ity Secretary TCIM4 EN - - - "PROVED Assistant City STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged by Libby Watson, Assistant City Manager Worth, Texas. ROSELLA BARNES MY COMMISSION EXPIRES March 31, 2009 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged by Cameron Scheopp, Artist. a�PP"°°a'�, KAREN M HOLCOMB i?,,; ,,•E NOTARY PUBLIC State of Texas 5� 'sr0'EOF'�+P'' Comm. Exp. 09 15-2010 CITY C ERON SCHO before me on ���u�� / % •� , 2008 City of Fort Worth, on behalf o the City of Fort NOTARY PUBLIC, STATE OF TEXAS b efore me on � c2�2G�L✓�` �� , 2008 NOT Page 5 �77& PUBLIC, STATE OF TEXAS