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HomeMy WebLinkAboutContract 40164-A6 (2)CITY SECRETARY C®(VTRACT N0. �` Z _ 6 SIXTH ADDENDUM TO CITY SECRETARY CONTRACT NO.40164 This Sixth Addendum to City Secretary Contract Number 40164 ("Sixth Addendum") 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 Unified Fine Art Services, L.L.C. (the "Contractor"). The City has designated the Arts Council of Fort Worth & Tarrant County, Inc., to manage this contract on its behalf. WHEREAS, on May 7, 2010, the City and Contractor entered into an agreement whereby Contractor agreed to provide professional art related services for the City on an as -needed basis, including art transportation, large install and deinstall, exhibition installation, minor cleaning and repairs, and installation consultation, the same being Fort Worth City Secretary Contract ("CSC") Number 40164; WHREEAS, the City and Contractor have entered into several addenda related to the services provided under the Agreement, including City Secretary Contract Numbers 40164-A1, 40164-A2, 40164- A3; 40164-A4, and 40164-A5; WHEREAS, the parties amended CSC Number 40164 on February l5`h, 2012, to, among other things, increase the total amount of compensation under the agreement, the same being CSC No. 40164- 1 A; WHEREAS, the agreement provided for an initial three-year teen and for the possibi city of three, one-year renewals, with the primary term expiring on May ], 2013; WHEREAS, on April 24°i, 2013, the parties executed a renewed the contract for the first one- year renewal period, effective beginning on May 2°d, 2013 and expiring on May 1, 2014, the same being CSC No. 40164-R1; WHEREAS, the parties now desire to enter into a new addendum for the provision of artwork transportation services of an artwork titled Tabachin Ribbon (the "Artwork) by Yvonne Domenge, a description of which is attached hereto as Exhibit G and incorporated herein for all purposes; WHEREAS, the Artwork is currently being stored with the Contractor per CSC 43743 at the Contractor's storage site located 14102 Inwood Road, Dallas, Texas 75244-3918 ("Storage Site"); WHEREAS, the Artwork is itt need of conservation treatments before installation, and the City desires to have one of its contracted art conservators, Michael Van Enter ("Conservator"), perform said work on the Artwork prior to installation at the final installation site; WHEREAS, to accomplish this, the Contractor will transport the Artwork from the Storage Site to the City's Conservator's facility located at 11326 Airway Boulevard, Roanoke, Texas 76262 or another location agreed upon by the parties ("Conservation Site"); Sixth Amendment to CSC 40164 OFFICIAL RECORD CITY SCRETARY FT. WORTH, TX WHEREAS, the City and Contractor wish to set out the Services to be provided per CSC 40164, as amended and renewed, ("Agreement") that will be specific to this addendum and this Artwork with the intent that further Services may be requested by the City through future addenda; 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: 1. The Services to be performed by the Contractor for this Sixth Addendum are set forth in the Contractor's "Contractor's Proposal," which is attached hereto as Exhibit "H" and incorporated herein for all purposes, and includes all labor, travel, and any other expenses required to complete the Services for this Artwork. 2. In consideration of the Services to be performed under this Sixth Addendum, the City agrees to pay the Contractor an amount up to Six Thousand Eight Hundred Forty Dollars and No Cents ($6,840.00) in accordance with the terms of Article 3 of the Agreement. Any amounts paid in this Sixth Addendum shall be credited towards the total amount paid under the Agreement, including any amendments or addenda. 3. The Contractor shall provide the Contract Manager with a schedule and a written plan detailing the moving process for the Artwork, including dates, times, and equipment to be used. Contractor shall coordinate with the City and the City's Conservator to ensure for timely delivery of the Artwork from the Storage Site to the Conservation Site in accordance with the required schedule. 4. Contractor shall provide the City with documentation (satisfactory to the City) evidencing delivery of the Artwork to the Conservator, including the dates and times upon which it delivered the Artwork to the City's Conservator. 5. The risk of loss or damage to the Artwork shall be borne by Contractor during the time the Artwork is in the care, custody, and control of Contractor. 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 5 of the Agreement. 6. All terms and conditions of the Agreement not specifically addressed herein remain in full force and effect and are binding upon the parties. 7. All terms and conditions of the Agreement that are not expressly referenced pursuant to this Sixty Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed five copies of this First Amendment in Fort Worth, Texas, on day of , 2014. CITY OF FORT WORTH Fernando Costa Assistant City Manager UNIFIED FINE ARTS SERVICES, LLC Victor Bissonette Principle AFFICIAL RECORD CITY SECRETARY FTu WORTH, TX Sixth Amendment to CSC 40164 WHEREAS, the City and Contractor wish to set out the Services to be provided per CSC 4016% as amended and renewed, ("Agreement") that will be specific to this addendum and this Artwork with the intent that further Services may be requested by the City through future addenda; 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: 1. The Services to be performed by the Contractor for this Sixth Addendum are set forth in the Contractor's "Contractor's Proposal," which is attached hereto as Exhibit "H" and incorporated herein for all purposes, and includes all labor, travel, and any other expenses required to complete the Services for this Artwork. 2. In consideration of the Services to be performed under this Sixth Addendum, the City agrees to pay the Contractor an amount up to Six Thousand Eight Hundred Forty Dollars and No Cents ($6,840.00) in accordance with the terms of Article 3 of the Agreement. Any amounts paid in this Sixth Addendum shall be credited towards the total amount paid under the Agreement, including any amendments or addenda. 3. The Contractor shall provide the Contract Manager with a schedule and a written plan detailing the moving process for the Artwork, including dates, times, and equipment to be used. Contractor shall coordinate with the City and the City's Conservator to ensure for timely delivery of the Artwork from the Storage Site to the Conservation Site in accordance with the required schedule. 4. Contractor shall provide the City with documentation (satisfactory to the City) evidencing delivery of the Artwork to the Conservator, including the dates and times upon which it delivered the Artwork to the City's Conservator. 5. The risk of loss or damage to the Artwork shall be borne by Contractor during the time the Artwork is in the care, custody, and control of Contractor. 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 5 of the Agreement. 6. All terms and conditions of the Agreement not specifically addressed herein remain in full force and effect and are binding upon the parties. 7. All terms and conditions of the Agreement that are not expressly referenced pursuant to this Sixty Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed five copies of this First Amendment in Fort Worth, Texas, on ZTj'w day of �r�lowtAw , 2014. CITY OF FORT WORTH By: Fernando Costa Assistant City Manager UNIFIED FINE ARTS SERVICES, LLC 1 By: G Victor Bissonette Principle ---"! FFFICIALRECORD TY SECRETARY Sixth Amendment to CSC 40164 APPROVED AS TO FORM AND LEGALITY: d11t Mary J. Kayser City Secretary ti ti ••;l tt NO M&C REQUIRED ®FFICIAL RECORD CITY SECRETARY FTo WORTH, TX Sixth Amendment to CSC 40164 3 of 5 EXHIBIT "G" The Artwork Sixth Amendment to CSC 40164 4 of 5 EXHIBIT "" Contractor's Proposal Unified Pine Arts. LLC 14105 Imcood Road Dallas.'rX 75244-3918 t214167t;-9I01 kinrn unilied6ncarts.com huplhvtaw.uni tied finearts.arrn Address': Ibn Worth Public Arts Council Jennifer Conn 1300 (iendv St. Port Worth.l,X 76107 USA 0?I06?20I4 Laatxar -using :r 12d)iltt Ib. reach Ibrklill, load and secure l7ontcngc sculpturrc sections onto 0atbcd tractor trailer a1 Unified: transport to paint studio in Roanoke ]-X and offload. using a separate 12.000 Ib reach forklift. li tine art handler �dj 10 hour: 0�0li12(114 (2) 12.000 Ib reach lixklilf 02106I2014 Hill bed tractor trailer for transit from Unified to paint studio Estimate Date Estimate No, 02i06120I4 284 3 Exp. Date -t.G20.(10 Is6o.ao 1,56n.00 (i60.00 660.OD PAl' TliliM1iS ARt: Ni:'P tj. 1',timaicsnlid (i>r6D days. Total�� SCr,840.00- A linana charge ol'Z"� per month rciil be charged on invoice, not paid ,rithin - 3i1 days ol'imoice date. II"alternate pay icmrs arc neccssan they roust be approved at time of booking. Tfic final invoice kilt be based on actual time and materials used to complete the project. I'lease sign and return if you wish to proceed. Accepted By Accepted Date Sixth Amendment to CSC 40164 5 of �