HomeMy WebLinkAboutContract 50758-A2AD6 ,a
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SECOND AMENDMENT AND SIXTH ADDENDUM TO CITY SECRETARY
CONTRACT NO. 50758
This Second Amendment and Sixth Addendum to City Secretary Contract Number 50758
is by and between the City of Fort Worth("City"), a home-rule municipality organized under the
laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and
Displays LLC, acting through Pamela Suggs, its Director of Operations (the "Contractor"). The
City has designated the Arts Council of Fort Worth and Tarrant County, Inc. as its Contract
Manager to manage this Agreement on its behalf.
WHEREAS, on May 20, 2017, the City and Contractor entered into City Secretary
Contract ("CSC") Number 50758 (CSC No. 50758), whereby Contractor agreed to provide
specific services for the purpose of assisting with the care and maintenance of the Public Art
Collection, two Renewals (CSC No. 50758-R2 and CSC No. 50758-R3 ), one Amendment(CSC
50758-A1AD2), and five Addenda (CSC 50758-AD1, CSC 50758-A1AD2, 50758-AD3, 50758-
AD4 and 50758-AD5) (collectively, the "Agreement");
WHEREAS, the Agreement sets forth that the Services to be provided shall be based on
the Fort Worth Public Art Annual Work Plan and on an as-needed basis in accordance with fully
executed addenda;
WHEREAS, on June 18, 2019, Council approved the acquisition of a sculpture titled -
Vase With Nine Flowers, a bronze and stainless steel sculpture ("Artwork") by James Surls
("Artist"), a picture of which is attached hereto as Exhibit "M," from Locke/Surls LLC, for the
Northeast Corner of Lansford Lane and Montgomery Street, 76107 ("Site"), a picture of which is
attached hereto as Exhibit "N," and authorized services specified, including installation, in this
Second Amendment and Sixth Addendum in an amount up to $17,150.98 ("Services") (M&C C-
29157);
WHEREAS, the Artwork shall be transported and delivered to the Site as detailed in a
Artwork Acquisition Agreement with Locke/Surls LLC, as authorized by City Council in M&C
C-29157, dated June 18, 2019);
WHEREAS, under the original Agreement, Council approved an amount not to exceed
$30,000.00 annually for the Term of the Agreement, the Agreement is in its final term, and the
City and Contractor wish to amend compensation to allow for site preparation and installation of
the Artwork;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as
follows:
I.
The parties wish to revise Article 4 of the Agreement titled "Compensation," previously
amended in CSC 50758-A1AD2 as follows, which increases the compensation amount in CSC
50758 R3 from$30,000.00 to $47,150.98 to allow for additional services to a pTe,rformed'
�Fl= �;
LCITY
FT. WORTH,�` ;
Second Amendment and Sixth Addendum to CSC 50758 Execution opy 7122729i
Page 1 of 9
"In consideration of the Services to be performed hereunder by Contractor, City
promises and agrees to pay Contractor an amount not to exceed FORTY-SEVEN
THOUSAND, ONE HUNDRED FIFTY DOLLARS AND NINETY-EIGHT CENTS
($47,150.98) ("Compensation") during the third and final renewal term of the
Agreement. Payment hereunder shall constitute full compensation for any and all
costs associated with this Agreement, including, but not limited to, all Services
performed and materials furnished by Contractor under this Agreement. The parties
acknowledge that the Compensation is not a fixed fee but shall be made on an invoice
basis for Services rendered in accordance with this Agreement; therefore, the City is
not obligated to disburse the full amount of Compensation under this Agreement
unless such payment complies with the terms herein. Contractor shall not perform
additional services not specified by this Agreement, unless the City requests and
approves in writing the additional costs for such services. The City shall not be liable
for any additional expenses of Contractor not specified by this Agreement unless the
City first approves such expenses in writing."
II.
The parties wish to set out the Services as follows:
1. The Services to be performed by the Contractor for this Second Amendment and Sixth
Addendum are set forth in the Contractor's Proposal ("Contractor's Proposal"), which is
attached hereto as Exhibit "O" and incorporated herein for all purposes, and includes all
labor, travel, equipment rental and any other expenses required to complete the Services
for this Artwork.
2. Contractor covenants and agrees to fully perform, or cause to be performed, with good
faith and due diligence, all services to be performed at the direction of the Contract
Manager's designated Project Manager and in accordance with this Second Amendment
and Sixth Addendum, which shall be executed in accordance with the Agreement and
incorporated herein for all purposes. Services shall be performed in a professional,
workman-like manner and in strict compliance with all terms and conditions in this
Agreement.
3. Existing conditions hidden or concealed and not available for reasonable visual
observation discovered during Services will be reported promptly to the Project Manager
prior to commencing any further Services.
4. In consideration of the Services to be performed under this Second Amendment and Sixth
Addendum, the City agrees to pay the Contractor the actual costs for services in an
amount up to Seventeen Thousand, One Hundred and Fifty Dollars and Ninety-Eight
Cents ($17,150.98) in accordance with the terms of Article 4 of the Agreement. Any
amounts paid in this Second Amendment and Sixth Addendum shall be credited towards
the total amount paid under the current Agreement renewal term.
Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19
Page 2 of 9
5. Contractor shall coordinate with the City to coordinate the required schedule and
availability to access the Site.
6. Contractor shall provide in its final report any information related to the Services
provided under this Second Amendment and Sixth Addendum, including before and after
documentation noting areas of concern and recommendations.
7. Contractor shall take such measures as are necessary to protect the Artwork from loss or
damage, including, without limitation, purchasing and maintaining the insurance required
in Article 7 of the Agreement.
IL
All terms and conditions of the Agreement not specifically addressed herein remain in
full force and effect and are binding upon the parties.
IN WITNESS WHEREOF, the parties hereto have executed five copies of this Second
Amendment and Sixth Addendum in Fort Worth, Texas, on day of
2019.
CITY FOR WORTH ISPLAYS LLC
!l
By: By:
Dana r I Pa Suggs
Interim ssistant tity Manager Director of Operations
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
IV
Jennifer Conn, Iublic Art Collection Manager
Arts Council of Fort Worth
APPROVE S TO FORM AND LEGALITY:
Jessica San van Senior Assist t City Attorney
8 8� .� tY Y
Form 1295:2019-4 0 3
ATT T- A C '
Mary J. Kayserycitysecretary
M&C: C-29157; Date: June 18,2019
... ..., OFFICIAL RECORD
CITY SECRE��RY
Second Amendment and Sixth Addendum to CSC 50758 Exiti'��
P e3of9
EXHIBIT M
ARTWORK
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Vase with Nine Flowers, 2015
Bronze and Stainless Steel
204"H x 78"W x 72"D
Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19
Page 4 of 9
Z, Y
EXHIBIT N
SITE
k - 4
f00=w :--,
Northeast Corner of Lansford Lane and Montgomery Street, 76107
s
Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19
Page 5 of 9
EXHIBIT O
CONTRACTOR'S PROPOSAL
Displays LLC ESTIMATE
dba Displays Fine Art Services
626106r St
Arlington,TX 76011 DATE ESTIMATE#
Metro:817-385-4433 March 26.2019 21262
FAX:817-385-3949 v I S P LAYS LLC
www 0snlaysfas.com
FINE ART SERVICES
BILL TO SHIP TO
FORT WORTH PUBLIC ART JENNIFEKS QUOTES
ARTS COUNCIL OF FORT WORTH
FORT WORTH,TX 76107 FORT WORTH.TX
REP TERMS PROJECT IPO#
Jennifer Stark Net 30 James Surls Protect
ITEM DESCRIPTION PRICE EACH ESTIMATE
ADMINISTRATION in fee for
INST ARL prc4ect coordination 500.00 500.00
LABOR INST ARL Labor to assisUsupervise pillar pour 1 Art Handler 65.00 52000
Subcontracted service to excavate,prep,pour concrete
pier as per furnished plan,and provide traffic control for
SUBCONTRACT day of pour and day of removing forms,it needed.
S
SUBCO T RA excavation, forms, reinforcement, pour placement of 7,087.50 7,087.50
anchor bolts,back ill,and cleanup.
'Template(flange) for anchor bolts on the pier to be
provided by Displays.
Labor to retun when forms are removed and site is
LABOR INST ARL backfilted with earth. DFAS will level flange with nuts 65.00 520.00
and washors and backfrll Adh grout.2 Art Handlers
LABOR INST ARL Labor to install James Surls work onto pillar in Fort 65.00 1,300,00
Worth,TX 4 Art Handlers.
EQUIPMENT USE 1OK Skytrak for 1 day. 2,000.00 2,000.00
INST ARL
EQUIPMENT USE Equipment use. 350.00 350.00
INST ARL
MATERIALS INST Materials -Grout, Stainless Steel Anchor Bolts, Nuts, 1,403.10 1,40310
ARL Washers, Flange.
SUBCONTRACT Traffic Control. 1,530.00 1.530.00
SVC INST ARL
COLLECTION DATE RANGE:
DELIVERY DATE RANGE:
THIS ESTIMATE IS NOT A CONFIRMATION OF BOOIUNG AND DOES NOT INCLUDE TRANSIT INSURANCE UNLESS
Initials
Page 1
Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19
Page 6 of 9
EXHIBIT O
CONTRACTOR'S PROPOSAL
Displays LLC ESTIMATE
ft Displays Fine Art Servioas
626106"St
ArlNW,TX 76011 DATE ESTIMATE#
Metro:817-385-4433 -FAX 817-3853949 D I S P L A S I
FINE ART SERVICES
OTHBMW NOTED.
Thh abmb is bead on lmoerri h0bovisdan.rewhioss ri~pdc[W DFAS ri e*hsroke Tars i bbodiseledds
used,Wilke wisimoss of I bw perarthadlerfw1ocal=*aad a SiSwidnesaftwivitsilMalsbarmle.
SUBTOTAL _ $ 15,210.60
Thank you for the estimate request. SALES TAX t 0.00
CREDITS $
TOTAL S 15,210.60
Please sea additional pages.
Please sign Terms and Conditions page.
lnftls
Pape 2
Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19
Page 7 of 9
EXMBIT O
CONTRACTOR'S PROPOSAL
Displays LLC ESTIMATE
dba.Displays Fine Art Services
6261061�St
Arlington,TX 76011 DATE ESTIMATE#
Metro'817-385-4433 March 26,2019 21262
FAX:817-3853949 DISPLAYS LLC
www.disolaystimMrn FINE ART SERVICES
TERMS AND CONDITIONS
THIS IS AN ESTIMATE ONLY AND ALL PRICES ARE SUBJECT TO CHANGE.Displays has the right to subcontract shipping
services.The estimate is based on work to be performed during Displays'normal business hours Work performed outside of
normal business hours shall be subject to additional charges.All items are assumed to be packed by shipper(PBS),unless
otherwise stated.requested,or quoted by estirrrator in writing.Any additions or subtractions to the above list MI void this estimate
and a new estimate MI need to be submitted.This is a one-way estmate and its valid for I month from DATE PROVIDED except
for prices associated to fuel costs.All prices based on fuel costs are subject to weekly adjustments based on US Department of
Energy On-Highway Diesel Fuel prices Adjustments to prices will be reflected on the final invoice.
—All projects are subject to 8%Texas state sales tax,unless a credit application andlor a tax exemption form has been filled out,
returned to,and approved by Displays.All charges shall be invoiced by Displays.Pending credit approval,all invoices are payable
in full within 30 days of the date of the invoice.Any invoice not paid within 30 days will be subject to late charges of I.5%per
month
Client agrees to pay all reasonable attorneys'fees,costs and other expenses incurred by Displays in seeking to collect any
amounts due hereunder,
-Displays will not be responsible for any special services not expressly written above,unless agreed to in advance in writing.
Special services requested by Client and agreed upon by Displays shall be subject to additional charges.This estimate does not
include closure of streets,if required.This estimate does not include providing certificates of insurance,it required by property
manager(s).
>>Please call or fax four weeks in advance to schedule booking.DFAS reserves the right to invoice a cancetation fee as folim.
72 hours—25%,48 hours—50%,24 hours—100%
>>Displays reserves the right to cancel,postpone,and/or reschedule any and/or all projects due to unsafe conditions as a result of
weather.lack of proper equipment or staff due to misinformation from the client,ardor unforeseen circumstances,at no financial
cost to Displays.A fee of 50%of this estimate or final invoice may be charged 4 a job is postponed due to negligence or
misinformation on the part of the client.
>>Displays can provide transit and storage insurance for full coverage under the terms of our policy issued by Lloyd's of London
for objects that are professionally packed by either our staff or designated agent. Unless insurance its specifically requested and
purchased,the shipper agrees to hold Displays,LLC harmless for any dams of physical loss or damage(irrespective of the
cause,including negligence)
-By signing below,you warrant and represent that you are authorized to contract on behalf of Client,that you are agree with the
terms and conditions of this estimate,that you are authorized to make financial obligations for Client,and will therefore be invoiced
and responsible for full payment of charges hereunder.
SIGN and PRINT DATE
Page 3
Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19
Page 8 of 9
r A
Displays LLC ESTIMATE
dba.Displays Finn?Art Services
626 106,St
Arlington,TX 76011 DATE ESTIMATE#
Metro'817-385-4433 March 26,2019 21262
FAX:817-385-3949 D I S P l QvS I Ir
WwW d!t))1aVSf iS GQm
FINE ART SERVICES
TERMS AND CONDITIONS
THIS IS AN ESTIMATE ONLY AND ALL PRICES ARE SUBJECT TO CHANGE.Displays has the right to sub-contract shipping
services.The estimate is based on work to be performed during Displays'normal business hours Work performed outside of
normal business hours shall be subject to additional charges.All items are assumed to be packed by shipper(PBS),unless
otherwise stated,requested.or quoted by estimator in writing.Any additions or subtractions to the above list will void this estimate
and a new estimate will need to be submitted.This is a one-way estimate and is valid for I month from DATE PROVIDED except
for prices associated to fuel costs.All prices based on fuel costs are subject to weekly adjustments based on US Department of
Energy On-Highway Diesel Fuel prices Adjustments to prices will be reflected on the final invoice.
»AII projects are subject to 8%Texas state sales tax,unless a credit application andlor a tax exemption form has been filled out,
returned to,and approved by Displays.Ail charges shag be invoiced by Displays Pending credit approval,all invoices are payable
in full within 30 days of the date of the invoice.Any invoice not paid within 30 days will be subject to late charges of 1.5%per
month
Client agrees to pay all reasonable attorneys'fees,costs and other expenses incurred by Displays in seeking to collect any
amounts due hereunder,
>>Displays will not be responsible for any special services not expressly written above,unless agreed to in advance in writing.
Special services requested by Client and agreed upon by Displays shall be subject to additional charges.This estimate does not
include closure of streets,if required.This estimate does not include providing certificates of insurance,if required by property
manager(s).
-Please call or fax four weeks in advance to schedule booking.DFPS reserves the right to invoice a cancelation fee as follows,
72 hours—25%,48 hours—50%,24 hours—100%
-Displays reserves the right to cancel,postpone,and/or reschedule any and/or all projects due to unsafe conditions as a result of
weather,lack of proper equipment or staff due to misinformation from the client,and/or unforeseen circumstances,at no financial
cost to Displays.A fee of 50%of this estimate or final invoice may be charged it a job is postponed due to negligence or
misinformation on the part of the client.
»Displays can provide transit and storage insurance for fug coverage under the terms of our policy issued by Lloyd's of London
for objects that are professionally packed by either our staff or designated agent. Unless insurance is specifically requested and
purchased,the shopper agrees to hold Displays,LLC harmless for any claims of physical loss or damage(irrespective of the
cause,including negligence).
-By signing below.you warrant and represent that you are authorized to contract on behalf of Client,that you are agree with the
terms and conditions of this estimate,that you are authorized to make financial obligations for Client,and will therefore be invoiced
and responsible for full payment of charges hereunder.
SIGN and PRINT DATE
Page 3
Second Amendment and Sixth Addendum to CSC 50758 Execution Copy 7/22/19
Page 9 of 9
M&C Review Pagel of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRIr—
TWORTH
COUNCIL ACTION: Approved on 6/18/2019 -Ordinance No. 23697-06-2019
DATE: 6/18/2019 REFERENCE C-29157 LOG NAME: 06MONTGOMERY STREET
NO.: PUBLIC ART PROJECT
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of an Artwork Acquisition Agreement with Locke/Surls, LLC, in an
Amount of$285,300.00, for Purchase, Transportation, Insurance, and Delivery of an
Existing Sculpture, Vase With Nine Flowers, for the Northeast Corner of Lansford Lane and
Montgomery Street; Authorize an Addendum and Amendment to City Secretary Contract
No. 50758 with Displays, LLC, in an Amount Up to $17,150.98 for Footing Construction,
Sculpture Installation, Traffic Control, and Contingencies, for a Total Project Cost of
$302,450.98; Find that the Use of Funds for Public Art for this Project Complies with the
Voted Purpose of the Bonds and the Published Notice of Intent for the Certificates of
Obligations; Accept a Gift from Locke/Surls, LLC for the Balance of the Value of the
Sculpture; and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Artwork Acquisition Agreement with Locke/Surls, LLC, in an amount of
$285,300.00, for purchase, transportation, insurance during transit, and delivery of an existing
sculpture, Vase With Nine Flowers, for the Northeast corner of Lansford Lane and Montgomery
Street;
2. Authorize an addendum and amendment to City Secretary Contract No. 50758 with Displays, LLC,
in an amount up to $17,150.98 for footing construction, sculpture installation, traffic control, and
contingencies;
3. Find that the use of the funds for public art for this project complies with the voted purpose of the
bonds and the published notice of intent for the certificates of obligations; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
amount of$10,000.00 in the FWPA Montgomery Street Project , and decreasing available funds in
Unspecified by the same amount of the Specially Funded Capital Projects Fund, after transfer of
$10,000.00 to the FWPA Montgomery Street Project from available funds for delivery, installation,
and contingencies for artwork as recommended by the Fort Worth Art Commission.
5. Accept a gift of value of$146,300.00 from Locke/Surls, LLC making the value of the sculpture
$431,300.00.
DISCUSSION:
Vase With Nine Flowers, is a 17-foot tall, free-standing sculpture with an abstracted floral motif,
comprised of bronze and stainless steel in James Surls' characteristic style. Surls is a nationally and
internationally recognized sculptor who built his career in Texas in the 1980s and 1990s. The
sculpture will provide an aesthetic and meaningful focal point along Montgomery Street, a gateway
into the Cultural District, the Will Rogers Memorial Complex, and Dickies Arena. The artist has
offered the artwork as a partial gift (valued at $146,000.00) as he desires this sculpture be part of the
City of Fort Worth's Public Art Collection.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26993&councildate=6/18/2019 7/31/2019
M&C Review Page 2 of 3
On June 26, 2018, additional 2007 Critical Capital Needs Funds were appropriated for a project in
this vicinity through M&C G-19323, which brought the total project budget to $324,508.00. The City
contracted with an artist to complete a preliminary design for the artwork in the area, but the
preliminary design was not approved by the Fort Worth Art Commission (FWAC). The amount
deducted from the project budget for the preliminary design contract was $22,825.51.
On July 9, the FWAC approved a process to select and acquire a sculpture by James Surls, through
Locke/Surls, LLC, a major artist who built his career in Texas and whose work fits the character of the
Cultural District. This approach maximizes the impact of the remaining project budget by eliminating
additional artist selection and design fees and insures project completion prior to the opening of
Dickies Arena. A Curatorial Committee comprised of Cultural District Stakeholders was tasked with
making a recommendation of one sculpture from the three that were offered, and on September 10,
2018, the FWAC approved Vase With Nine Flowers.
The project was included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan, adopted by
the Fort Worth City Council on November 6, 2018, as M&C G-19412. The total remaining project
budget was $292,450.98 after deducting the preliminary artist fees and other contract management
expenses totaling $9,231.51. An additional $10,000.00 is required to cover some of the installation
costs and provide for contingencies.
Funding for the prior project in this vicinity was allocated from the 2007 Critical Capital Needs and the
2004 Bond Program, Proposition 1, based on the project's location and relationship to capital
improvements that had been funded from those sources; staff recommends that City Council find the
use of those funds for this project at this location similarly complies with the voted purpose of the
bonds and the published notice of intent for the certificates of obligations.
Since the artist is unable to oversee installation, staff recommends that the installation of the
sculpture be handled by Displays, LLC, a local company currently under a multi-year agreement with
the City to provide professional art handling services. Displays, LLC, has experience with large-scale
sculptural installations.
PROJECT CONTRACTS BUDGET I CONTRACTS
Locke/Suris, LLC- Sculpture $285,300.00 This M&C
acquisition and transit costs
Footing construction, sculpture
installation, traffic control and $ 17,150.98 This M&C
contingencies
TOTAL $302,450.98
FUNDING SOURCES AMOUNT
2007 Critical Capital Needs $201,057.00
2004 Bond, Proposition 1 $ 91,393.98
Specially Funded Capital Projects Fund $ 10,000.00
TOTAL $302,450.98
M/WBE OFFICE - The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent
of total capital project dollars expended on public art annually.
FWAC Action -- On July 9, 2018, the FWAC approved a process for purchasing an existing sculpture
by James Surls; a Curatorial Committee comprised of Cultural District Stakeholders was tasked with
making a recommendation of one James Surls sculpture from the three that were available, and on
September 10, 2018, the FWAC approved the Curatorial Committee's recommendation of the Artist's
Vase With Nine Flowers.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26993&councildate=6/18/2019 7/31/2019
M&C Review Page 3 of 3
Mayor Pro Tern Dennis Shingleton concurs with the FWAC's recommendation to proceed with
purchase, transportation, delivery, and installation of the artwork Vase With Nine Flowers for the
Montgomery Street Public Art Project.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon the approval of the above recommendation, funds will be
available in the current capital budget, as appropriated, in the 2004 Bond Program and 2007 Critical
Capital Needs and from the Specially Funded Capital Projects Fund. Prior to an expenditure being
incurred, the participating department has the responsibility to validate the availability of funds.
TO
Fund I Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund DepartmentT Account Project Program Activity Budget Reference# Amount
ID ID I Year i (Chartfield 2) i
Submitted for City Manager's Office by: Jay Chapa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Martha Peters (8172983025)
ATTACHMENTS
06MONTGOMERY STREET PUBLIC ART PROJECT A02019.docx
Displays 1295.pdf
FORM 1295.pdf
Site map and artwork images. Surls. Montgomery. 9.18.18.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26993&councildate=6/18/2019 7/31/2019