HomeMy WebLinkAboutContract 46895-A2 CITY SECRETARY
C0i4 a a�ACT N0. 9 S"Aa
REICEIVED
SEP 17 2019 SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 46895
C11YOFFORTIVORM AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
CITY SECRETARY SEDRICK HUCKABY FOR FINAL DESIGN OF PHASE 1 AND
PHASE 2 OF PUBLIC ART FOR STOP SIX TRIANGLE
This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 46895
("Second Amendment") is made and entered into by and between the City of Fort Worth ("City"), a
home-rule municipal corporation of the State of Texas, acting by and through Dana Burghdoff, its
duly authorized Interim Assistant City Manager, and Sedrick Huckaby, an individual, residing at 4800
Williams Road, Fort Worth, Texas 76116. The City has designated the Arts Council of Fort Worth and
Tarrant County, Inc., to manage this agreement on its behalf. The Contract Manager shall act
through its designated Public Art project manager.
WHEREAS, on July 30, 2015, the City entered into a contract with Artist for Final Design of the
Work for the Site(Fort Worth City Secretary Contract No. 46895); and on April 4, 2016, Contract No.46895
was amended to add funding for an increased scope of work that allowed Artist to obtain a survey of the Site
and consult with an electrician in order to locate the Work properly on the Site; and
WHEREAS, after considerable research, Artist has determined it is not feasible within the budget to
adapt a donated vintage interurban train car for use in the project, and has now identified Ion Art, Inc., based
in Austin, Texas, who is able to fabricate a new interurban-style train car and transport and install it at the
site, within the available budget; and
WHEREAS, in order to complete Final Design deliverables, Artist desires to enter into an
initial consulting agreement with Ion Art, Inc., for engineering and shop drawings necessary for the
fabrication of the train car, and needs additional funding in order to complete this work; and
WHEREAS, City Council approved a Public Art Fund Reprogramming Plan on June 26,
2018 (M&C G-19323)with provided this project with additional funds; and
WHEREAS, City and Artist wish to set out the terms and conditions under which this
additional consulting work shall be undertaken;
NOW, THEREFORE, City and Artist for and in consideration of the covenants and
agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
I.
Article 2.2, "Scope of Services," is hereby amended to add a provision for Artist to consult with Ion
Art, Inc., for the purpose of providing engineering and generating shop drawings for the fabrication of
the train car. Article 2.2 is replaced in its entirety to be and read as follows:
OFFIVAL RKOR�,
Amendment#2,CSO46895 Agreement Between the City of Fort Worth and Sedrick HuckabyC i
For Final Design of Public Art for the Stop Six Triangle Execution Copy August 9,2014
FT. WORTH,TX
"2.2. Scope of Services.
a. Artist shall perform all services and will furnish all supplies and materials as necessary for
developing the Final Design of the Work and for providing the Final Design Deliverables.
Services shall be performed in a professional manner and in strict compliance with all terms
and conditions set forth in this Agreement.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the
Work, subject to review and input from Project Stakeholders and approval by City as set forth in this
Agreement.
C. Artist shall present the Final Design in two phases, as described below, for purposes of
budgeting under this Agreement:
i. Phase I of the Final Design shall include the train car, footing and rails, internal
lighting of the train car, figurative painting on the train car and if budget allows, site
work to create a small paved plaza area adjacent to the train car; and
ii. Phase 11 of the Final Design shall include digital animation and gathering of audio
community oral histories and the equipment to support it, as well as a low perimeter
seat wall and lighting.
d. Artist shall explore the possibility of adapting an actual historic Interurban Train car and determine if
it is feasible within the implementation budget for Phase I.
e. Artist shall contract with a qualified surveyor and provide the City with a boundary survey of the
Site that is prepared by a surveyor acceptable to the City, so that the locations of all utilities and
easements can be identified before siting the Work.
f. In order to meet the electrical requirements for the Work, Artist shall consult with a qualified
electrician to determine the costs and means of providing electricity to the Site.
g. Artist shall contract with Ion Art, Inc., for engineering and shop drawings needed to fabricate a
new, budget-appropriate, interurban-style train car for the project, with the intent of
contracting with Ion Art, Inc., to fabricate, transport and install the train car at the Site.
h. Upon completing items 2.2(f) and 2.2(g), Artist shall meet and coordinate with City staff and
others, as necessary, to explore the feasibility of integrating the Work into the Site in tenns of
structural support, lighting,electricity, or other infrastructure needs to support the Work and to avoid
existing easements.
Amendment#2,CSO46895 Agreement Between the City of Fort Worth and Sedrick Huckaby Page 2 of 5
For Final Design of Public Art for the Stop Six Triangle Execution Copy August 29,2019
i. Upon request of City, Artist shall consult with a qualified art conservator and shall provide
written maintenance recommendations for the Work from said conservator to the Contract
Manager.
j. The location at the Site on which the Work shall be installed shall be mutually agreed upon
by City and Artist.
k. Artist shall present both phases of the Final Design to the appropriate City committee, City
staff, Project Stakeholders and other City boards or commissions, as appropriate, for input
and to the FWAC for review and approval at dates and times mutually agreed upon."
II.
Article 2.3, "Implementation Budget Total," subsection (a), is hereby amended to add a provision for
Artist to revise the budget to reflect the addition of the services under 2.2(f) and 2.2.(g) during the Final
Design of Phase I. Article 2.3(a) is replaced in its entirety to be and read as follows:
"2.3. Implementation Budget Total.
a. Artist shall develop a Final Design of Phase I that is financially feasible relative to the
budget for implementation of Phase 1. It is understood that the total budget for
implementation of Phase I of the Final Design is estimated to be ONE HUNDRED SIXTY
THOUSAND, THREE HUNDRED THIRTY-NINE DOLLARS AND NO CENTS
($160,339.00), which includes all costs for survey, engineering and consulting, shop
drawings, materials, labor, fabrication, delivery, installation, insurance, transportation,
remaining Artist's fee of $8,444.75, and all other associated costs for the Work and a
contingency of $24,040.68. Artist shall provide a detailed budget, on the budget form
attached hereto as Exhibit "C," for implementation of Phase I of the Work through a
possible artwork commission contract with City."
III.
Article 2.5, "Final Design Deliverables," subsection (b), is hereby amended to adjust the scope of
deliverables for Phase II. Article 2.5(b)(i-iii) is replaced in its entirety to be and read as follows:
"i. Design illustrations for Phase II of the Work for the Site, which shall be in a high-
resolution digital format, such as JPEG or TIF files;
ii. A final written narrative for Phase II of the Work, describing the following: (1) Final
Design concept; (2) A list of all proposed elements for Phase II, along with proposed
Amendment#2,CSO46895 Agreement Between the City of Fort Worth and Sedrick Huckaby Page 3 of 5
For Final Design of Public Art for the Stop Six Triangle Execution Copy August 29,2019
materials, fabrication, and installation methods for all elements of the Work,
including information regarding Artist's subcontractor(s), if any; (3) Proposed public
education program to be conducted by Artist during the commission of Phase II of
the Work."
IV.
Article 3, "Compensation and Payment Schedule," subsections 3.1, "Compensation," and 3.2(f),
"Payment Schedule," are hereby amended to allow for payments for consulting with Ion Art, Inc., for
engineering and shop drawings needed to fabricate the appropriate train car for the Work and reads as
follows:
"3.1. Compensation.
Total compensation to Artist under the Agreement shall not exceed THIRTY-TWO THOUSAND
DOLLARS AND NO CENTS($32,000.00),which shall constitute full compensation for any and all
costs associated with this Agreement, including, but not limited to, artist's fee, survey, engineering,
electrical, shop drawings and other consulting fees as needed, all travel expenses and services
performed and materials furnished by Artist under this Agreement. Artist and City may amend this
Agreement to allow for additional payment if additional services are required."
And
"3.2. Payment Schedule.
f. City may pay Artist for actual costs in an amount up to TWENTY-TWO THOUSAND
DOLLARS AND NO CENTS ($22,000.00) for a survey, engineering, electrical, shop
drawings and other appropriate consulting fees, including with Ion Art, Inc., and a
conservator's consultation to fulfill the terms of this Agreement. Such payment shall be
made upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to
50%is allowed) for such services attached."
V.
Funds previously paid to the Artist prior to this Second Amendment shall apply toward the
total compensation paid to the Artist.
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For Final Design of Public Art for the Stop Six Triangle Execution Copy August 29,2019
VI.
All terms and conditions of the Agreement that are not expressly amended pursuant to this
Second Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed five copies of this Second Amendment
in Fort Worth, Texas, to be effective this 29th day of August, 2019.
CITY OF FORT WORTH ARTIST
by: U by: 1'
Dana Burghd HntCityv?qanager
edrick Hucka y
Interim Assis
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.
N VrKn JA 11
Title: Public Art Project Manager
APPROVED AS TO FORM
AND LEG LITY:
Jessica Sangs ang
Senior Assist t City Attorney ;,M®J/ y
ATTE T
U
City Secreta
No M&C Required
Form 1295: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
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For Final Design of Public Art for the Stop Six Triangle Execution Copy August 29,2019