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Contract 37955-A2 (2)
CITY SECRETARY � CONTRACT NOY SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO.37955 This SECOND AMENDMENT TO CITY SCRETARY CONTRACT NO. 37955, as p eviously amended, (the "Second Amendment") is made and entered into on this of 20140"Effective Date") by and between the City of Fort Worth ("City"), a home -rule mu 'cipal corporation, acting herein by and through its duly authorized Assistant City Manager, and Anitra Blaytron ("Artist"), an individual. WHEREAS, on November 18, 2008, the City and Artist entered into City Secretary Contract ("CSC") No. 37955 (the "Original Contract") as authorized by City Council (M&C C- 23112) on October 7, 2008, and the City designated the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager WHEREAS, the original exhibits referenced in the Original Contract were mistakenly excluded from the Original Contract and the parties desire to incorporated all relevant exhibits into the Contract through this Second Amendment; WHEREAS, the parties amended the Original Contract on February 25, 2010 (CSC No. 37955-A1) ("First Amendment") with the intent to adjust the payment schedule in order to expedite the completion of the master plan deliverables and increase the overall payment amount to the Artist by only $500.00 under Section 3.1.b.; WHEREAS, the total fee of $25,000.00 to be paid to the Artist under the First Amendment should have been increased to $25,500.00 with the additional $500.00 payment represented in Section 3.1.b only; however, the First Amendment inadvertently increased the installment payments by an additional $2,500.00, and the parties desire to correct that mistake in this Second Amendment; WHEREAS, under the Original Contract, Artist had. originally agreed to develop a final design for the new Lake Como Trail in collaboration with Co -Lead Artist; WHEREAS, based on recent community input on the draft public art master plan for Lake Como Park as presented by Artist and Co -Lead Artist that a preliminary design of an outdoor terraced seating area ("Preliminary Design") is the community's top priority in terms of future park improvements; WHEREAS, the parties wish to amend the scope of work from final design for trail enhancements to preliminary design in the form of a model of an outdoor terraced seating area in Lake Como Park; WHEREAS, the Artist requires an additional fee to cover costs associated with building a model of the proposed terraced seating are in Lake Como Park; WHEREAS, contingency funds are available in the Public Art Fund for unanticipated costs associated with public art projects from this funding source, which are included in the Second Amendment to CSC 37955 OFFICIAL RECORD 1 of is (Anitra Blayton - L 01 C2 2 ��1 3 A 1 0: 121 I N CITY SECRETARY FT. WORTH, TX budget created for the Fort Worth Public Art FY 2013 Annual Work Plan (adopted by City council as M&C C-25920, October 16, 2012); and WHEREAS, IL the mutual desire of the parties to amend CSC No. 37955, as previously amended by CSC No. 37955-A1 (collectively, the "Contract"), for the purpose of changing the scope of work, increasing payment to the Artist to cover the additional costs for the associated change in scope; setting forth the true and correct Artist's fee and installment payments; and incorporating all relevant exhibits. NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Contract on file in the office of the Fort Worth City Secretary is further amended as follows: I. The Contract title is amended for the purpose of reflecting the change in the Artist's scope of work from designing public art/design enhancements for the Lake Como Trail to creating a preliminary design for an outdoor terraced seating area for the Site. The Title is amended to read as follows: "DESIGN TEAM AGREEMENT BETWEEN THE CITY OF FORT WORTH AND ANITRA BLAYTON FOR A PUBLIC ART MASTER PLAN FOR LAKE COMO PARK AND PRELIMINARY DESIGN OF OUTDOOR TERRACED SEATING AREA FOR LAKE COMO PARK" II. The Contract preamble is also amended for the purpose of reflecting the change in the Artist's scope of work from designing public art/design enhancements for the Lake Como Traii to creating a preliminary design for an outdoor terraced seating area for the Site. The preamble is amended to add the following "Whereas" clause: "WHEREAS, based upon community input, City desires to change Artist's scope of work from preparing a final design of public art/design enhancements for the new Lake Como Trail to creating a preliminary design for an outdoor terraced seating area for the Site, which shall be in collaboration with the City's Parks and Community Services Department's (PACSD) staff;" The preamble is also amended to replace the "Whereas" clause that begins with "Whereas the Fort Worth Art Commission has recommended funds from the Public Art Fund...." with the following: Second Amendment to CSC 37955 2 of 15 (Anitra Blayton —Lake Como) "WHEREAS, the Fort Worth Art Commission has recommended funds from the Public Art Fund (the "PAF") in its Fiscal Year 2012 Annual Work Plan to develop a Public Art Master Plan and Preliminary Design for an Outdoor Terraced Seating Area (the "Work") for the Lake Como Park (the "Site"), a map of which is attached hereto as Exhibit `A' and incorporated herein by reference;" Article 2 of the Contract titled, "Trail Design Scope of Services and Deliverables" is hereby amended for the purpose of changing the Artist's scope of work from designing public art/design enhancements for the Lake Como Trail to creating a preliminary design for an outdoor terraced seating area for the Site. Article 2 is amended to read as follows: "ARTICLE 2 OUTDOOR TERRACED SEATING AREA PRELIMINARY DESIGN SCOPE OF SERVICES AND DELIVERABLES 2.1. Scope of Services. a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing a Preliminary Design of the Work and for providing the Preliminary Design Deliverables (see Article 2.3). Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Artist in consultation with designated PACSD's staff shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and input from the Project Stakeholders and approval by City as set forth in this Agreement. c. The location at the Site where the Work shall be installed shall be mutually agreed upon by City and Artist and PACSD. d. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and permitting. Second Amendment to CSC 37955 3 of 15 (Anitra Blayton —Lake Como) e. Prior to commencing the Preliminary Design, Artist shall meet with and seek input from Project Stakeholders. f. Artist shall develop a preliminary budget estimate for the Work in consultation with PACSD's staff. g. Artist shall present the Preliminary Design to the Project Stakeholders, the appropriate City staff, 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. 2.2. City Assistance. Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the extent that such materials are available drawings of the Site, if available. 2.3. Preliminary Design Deliverables City, upon request by Artist, shall also provide correct scaled Within two (2) months after the Effective Date, Artist shall provide services and all supplies, materials, and equipment necessary to provide the following deliverables (collectively, the "Preliminary Design Deliverables") to City for approval. Preliminary Design Deliverables shall consist of the following: a. Athree-dimensional scale model of the preliminary design on the Site, which is just south of the existing Pavilion; b. A narrative description of the Artist's concept, proposed materials, fabrication, and installation methods, timeline for completion and maintenance, and anticipated annual maintenance requirements; and A preliminary budget estimate, on the budget form attached hereto as Exhibit "C," for implementation of a final design of the Work, which includes all costs for materials, labor, fabrication, delivery, installation, insurance, transportation, remaining Artist's fee, and all other associated costs for the Work including, but not limited to, lighting and travel. Second Amendment to CSC 37955 4 of 15 (Anitra Blayton —Lake Como) 2.4. Preliminary Design Review. a. Upon completion of the Preliminary Design Deliverables, Artist shall meet with Lite designated Project Stakeholders, City staff, and other City boards or commissions, as appropriate, to present the Preliminary Design, at a date and time mutually agreed upon, for input. b. Artist shall present the Preliminary Design to the FWAC for approval at a regularly scheduled FWAC meeting. c. City shall notify Artist of its approval, or disapproval, of the Preliminary Design within thirty (30) business days of Artist's presentation to the FWAC. d. If City disapproves of the Preliminary Design, either in whole or in part, then City shall inform Artist of each revision to be made to the Preliminary Design. City may require Artist to make such revisions to the Preliminary Design as City deems necessary in its sole discretion and/or for the Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. e. Artist shall have thirty (30) calendar days from the date City informed Artist of the revisions) to present the revised Preliminary Design in conformance with City's requirements. f. If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process, then this Agreement will automatically terminate, with payment for work performed per the payment schedule in Article 3 up through the date of termination. g. Upon City approval of the Preliminary Design, any revisions made to a City -approved Preliminary Design shall become part of the Preliminary Design. Artist shall incorporate any City -approved revisions into the final design in conformance with City's requirements. Any revisions shall become part of any final design deliverables if the Artist proceeds to the final design phase. Artist shall provide the Preliminary Design presentation materials to Second Amendment to CSC 37955 5 of 15 (Anitra Blayton —Lake Como) the Contract Manager to become part of the City of Fort Worth Public Art archive owned by City. These documents, models, and/or drawings will be retained for archival and exhibition purposes. h. Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Preliminary Design is accepted by City and funding is appropriated by the Fort Worth City Council, negotiations for final design or final design and commission for fabrication, delivery, and installation of the Work shall commence, which shall become part of the deliverable under any anticipated final design or final design/artwork commission contract. IV. Section 3.1 (Fee) of Article 3 of the Contract titled, "Compensation and Payment Schedule" was amended, in whole, pursuant to the First Amendment with the intent to adjust the payment schedule in order to expedite the completion of the master plan deliverables and increase the overall payment amount to the Artist by only $500.00 under Section 3.1.b. Section 3.1 of the First Amendment subtitled "Fee" is hereby amended to correct the installment payment errors in the First Amendment and account for an increased payment of $1,500.00 for the increase in the Artist's scope of work. This Section is amended as follows: "The City shall pay the Artist a fee in the amount of TWENTY-SEVEN THOUSAND DOLLARS AND NO CENTS ($27,000), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement, including design and production of the master plan brochure/document. The fee shall be paid in the following installments, 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 Dollars and No Cents ($5,000.00) upon execution of this Agreement, recognizing that the Artist has already invested time and expense in preliminary design team coordination with the Co -Lead Artist and the City. b. Five Thousand Five Hundred Dollars and No Cents ($5,500.00) within thirty (30) days after the Artist submits a conceptual summary of the master plan document to Contract Manager and presents preliminary master plan to the Steering Committee for input. Second Amendment to CSC 37955 6 of 15 (Anitra Blayton —Lake Como) c. Five Thousand Dollars and No Cents ($5,000.00) within thirty (30) days after the Artist submits certain "Master Plan Deliverables", as required in Section 1.2.a.i.- in. of this Agreement and makes presentations to the Parks Advisory Board and the Fort Worth Art Commission. d. Six Thousand Dollars and No Cents ($6,000.00) within thirty (30) days after Artist submits "Preliminary Design Deliverables", as required in Section 2.3 of this Second Amendment and makes presentations to the Parks and Community Services Advisory Board and the Fort Worth Art Commission. e. Five Thousand Five Hundred Dollars and No Cents ($5,500.00) within thirty (30) days after the City's approval of both the Lake Como Park Master Plan and Outdoor Terraced Seating Area Preliminary Design." V. Funds previously paid to the Artist prior to this Second Amendment shall apply toward the total fee. VI. The Original Contract references three exhibits —Exhibits A, B, and C. However, the Exhibits were mistakenly excluded from the Original Contract. Exhibit "A" refers to a map of the Site and has now been incorporated by reference through Section II of this Second Amendment. Exhibit B refers to a summary of the Lake Como Conceptual Master Plan Workshop, which is hereby attached hereto and incorporated herein for all purposes intended and applied retroactively to the execution date of the Original Contract. Exhibit C refers to a budget form and has now been incorporated by references through Section III of this Second Amendment, VII. All other terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by the parties. VIII. All terms in this Second Amendment that are capitalized but not defined shall have the meanings assigned to them in the Contract. Second Amendment to CSC 37955 7 of 15 (Anitra Blayton —Lake Como) IN WITNESS WHEREOF, the parties hereto have executed four copies of this Second Amendment in Fort Worth, Tarrant County, Texas, to be effective as of the Effective Date. CITY OF FORT WORTH Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Tyler F. Walfach Assistant City Attorney Second Amendment to CSC 37955 (Anitra Blayton —Lake Como) o�Frcrar. R�coRm CrTY SECRfE'!'A�t'� IFi'. WORTH, TX 8of15 `` ' ► © wo.4Rf� a'x�000 cjr TI- ■ MAI • • . r�•7J�. w - r ' a'� Lake "Co P o a* 711 7 TIN, too 'a Is ,� .�, a... �rn� • . •,r ,r' M: , f• tllen P' to Pro a fat rk•} V- air IrSChOOI{ate► j • • r • . ► , r ♦ ,! 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(] EXHIBIT B: Workshop Summary Second Amendment to CSC 37955 10 of 15 (Anitra Blayton —Lake Como) Lake Como Public Art Master Planning Workshop Summary July 5, 2006 Monuments /Commemorations • Additive over time • Still "Living" • Plaques / statues overlooked • Let locations and persons tie together the event • Wall relief on slope below pavilion with terraced landscaping and water feature • Integrated into nature • Sound and text • Light • Trail as connection / unify / subtle / function Observations • Park is a diving line • Park is split by dam • Only the west side is used • Park needs unification • Holding on to what used to be • No visual memory • Bird nesting: active, passive areas • North end clean up • Maintenance of improvements • Lake — if treated with respect as a sanctuary — key, gem must resurface • Trash • Need to create identity and ownership /schools, churches engaged, local business sponsorships • Lake not utilized at all, no boats or paddle boats • East side needs more invitation • Walk • Watershed from commercial business / Ridgmar Mall • Lack of landscaping along shore — natural water plants • South end needs access • People need to feel safe • Abandoned buildings near the lake • Need connection to Collett Park on Vickery • Chamberlain Park has ball fields Observations (con't) Second Amendment to CSC 37955 11 of 15 (Anitra Blayton —Lake Como) • Needs swings — dominoes, checkers, picnic tables, shade structures, simple repairs, trees to replace those stumps, park adoption program • Needs circulation / movement around lake to untie both neighborhoods • Concrete paths • Then and Now / Old vs. young • Need to reinvent • Pier needs speakers • Seating for audience needed • Lack of activities • Parade — kids and adults • Teenagers need something to do, the event attracts but there is nothing to do afterwards • Less traditional elements: floats, bands, kids on bikes • Too many cars • Practicality of the museum • Layers of history • Wall (e.g. Vietnam Memorial) • Cliff — integrate memorials and unveil annually • Jukebox in pavilion for dances • Needs lighting at night Solutions • Natural seating • More year round activities • Parade poster contest w/ schools • Trash clean up by neighborhood • Staff to coordinate Lake and Park events and maintenance • Activities: fishing contest and paddleboats • Walkway around the lake (Aetna) • Pedestrian bridge versus the fence on the dam — opportunity to enhance • Elevated walkway on the north side, "boardwalk" acquire property to the north • Cleaning traps • Water plants on edges • Nature preserve — artists involved in interpretation • Naturalized area vs. preserved • Neighborhood police office • South — bike / horse trails • Private business help park use concessions • Nature trail / jogging path • Needs ambience • Access from all directions • More wildlife • Moving water Solutions (con't,) • Nature preserve on the south side, educational Second Amendment to CSC 37955 12 of 15 (Anitra Blayton —Lake Como) • Teenagers and children must be involved • Museum without walls • Museum in old car station • Extend "museum" in park — retaining wall, grotto, living / interactive commemoration • Not just about reading, interactive, each station is unique • Boardwalk ADA — only where needed, connect with paths on grade • Pier — permanent seating and roof • Seating — free movies in park or church services • Concession stands: food, fishing bait, paddleboats • Offer different sports: golf, soccer • Community involved in building park improvements "barn raising" • LC planning committee could reach out to Arlington Heights • Como history Museum on northeast side of the lake - pull people from all sides • Betsy Damon —like water filtration • Collect oral histories from community • Relocate Quonset Hut to lake • Pressed plant materials in concrete and tinting • Connect watershed with Trinity River • ADA accessible path to pavilion and dominos area • Need BBQ pit by pavilion and available firewood • Locator map to find points of interest • Temporary public art projects • Story telling by the fire • Make art out of tree stumps • Temporary sculpture from trash • Exposed portion of dam — treat artfully (reflected in water): light (in opening and spillways, naturalistically treated, stone • Natural — key to any project • Seating amphitheater in hillside, look toward pavilion or pier • Pier needs a cover and another access point • Pavilion needs a map legend on the wall • Restrooms need to be upgraded • Pavilion needs kitchen area • Deck extension over the lake Second Amendment to CSC 37955 13 of 15 (Anitra Blayton —Lake Como) EXHIBIT C: BUDGET FORM ARTIST'S FEE (?0%) TRAVEL (For artists who live more than 50 miles from Fort Worth) Airfare Car Rental Per Diem Expenses at $_ per day Mileage at $_ per mile INSURANCE Auto/Hired Vehicle Liability General Liability for Artist / Subcontractors Workers Comp. / Employers Liability Other, as applicable ADMINISTRATIVE EXPENSES Phone/Fax Delivery/Shipping (for correspondence, samples, models, drawings etc) Reprographic Service Supplies PROFESSIONAL CONSULTANT FEES (If applicable, drawing must be signed and sealed by a professional registered to practice in the State of Texas) Architect* Structural Engineer' Electrical Engineer* Conservator* Photographer (for documentation of completed work)* Other* MATERIALS (Please attach a complete list of materials. Itemize all anticipated aspects and components with per unit cost estimates) Materials' Total FABRICATION COSTS (Include and itemize all portions of subcontracted work and work to be completed by artist.) Artist's Labor (_ hours at $_ per hour) Total Subcontracted Labor* (Total) Facility/Equipment Rental (used exclusively for this project) related to fabrication SITE PREPARATION (Do not include costs covered by FWPA, City of Fort Worth or others) Test Drilling* Removal* Landscaping/Imgation* Electrical Modifications* Water Work/Mechanical Devices Other (Revised Rday 2011) Second Amendment to CSC 37955 14 of I5 (Anitra Blayton —Lake Como) TRANSPORTATION BASElMOUNTING Materials to Fabrication Site" shed Work to Installation Site* Other" Bass Mounting Devices and Components FoundationfFooting Other INSTALLATION COSTS (Costs must include allowance for after hours installation; if applicable. Please attach a complete list of equipment and individual estimates with this form) LIGHTING GRAND TOTAL Please make any necessary notes here: Prepared By: Date: Subcontracted Labor Scaffolding" Equiprnent Rental related to installation' Off -duty Police(Security' Traffic Barriers' Storage Facility Rental' City Permits Display Devices Fireproofing' Site Restoration' Other' Designers' Fixtures' Bulbs` Site Preparation' Installation' {Revised 69ay 201 f) Second Amendment to CSC 37955 ] 5 of I5 (Anitra Blayton —Lake Como)