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HomeMy WebLinkAboutContract 46385-A1 (2)OV rj0\111401.0 c,11 F.CR'GM\,{ anr��' �o FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 46385 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CORSON STUDIOS L.L.0 FOR PRELIMINARY PARTIAL REDESIGN OF PUBLIC ART FOR HEMPHILL LAMAR CONNECTOR • This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 46385 ("First 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 its duly authorized Assistant City Manager, and Corson Studios, L.L.C. ("Artist"), a Washington Company located at 5707 29th Avenue NE, Seattle, WA 98105, and acting by and through Dan Corson its duly authorized Member. WHEREAS, City and Artist entered into City Secretary Contract No. 46385 "Agreement Between the City of Fort Worth and Corson Studios, L.L.C. for Preliminary Partial Redesign of Public Art for Hemphill Lamar Connector" ("Agreement"); WHEREAS, on April 11, 2015, the Fort Worth Art Commission approved Artist's Preliminary Partial Redesign of Public Art for the North end of the Site, which replaces the "Vortex" sculpture for one that bears a similarity to the "Flight" element of the Artist's Final Design for the south end of the Site; and WHEREAS, it is necessary for the Artist to complete Final Design of the new "Flight" element for the North end of the Site, including engineering of the support structure, and to revise the Final Design of the "Flight" element for the South end of the Site as may be necessary to achieve visual continuity and cost savings during the implementation of the project; and WHEREAS, it is the desire of the City to compensate the Artist for costs associated with Final Design of the new "Flight" element on the North end of the Site, as well as any refinements to the support structure of the "Flight" element on the south end of the Site; and WHEREAS, City and Artist desire to amend the Agreement in incorporate final design for this project; NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Agreement is amended as follows: I. Revise the Title of City Secretary Contract No. 46385 to reflect the additional scope of work under this First Amendment by replacing it in its entirety to read as follows: AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CORSON STUDIOS L.L.C. FOR PRELIMINARY PARTIAL REDESIGN AND REVISED FINAL DESIGN OF PUBLIC ART FOR HEMPHILL LAMAR CONNECTOR First Amendment to CSC 46385 Execution Copy 11/17/15 SCANUED 1 of 9 II Article 2 "Scope of Services and Deliverables" is hereby amended to add Section 2.5. "Scope of Services — Revised Final Design," Section 2 6 ' Final Design Deliverables — Revised Final Design," and Section 2 7 "Final Design Review — Revised Final Design," to be and read as follows: "2.5. Scope of Services — Revised Final Design. a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing the Final Design of the Work for the North end of the Site and to revise the Final Design of the Work for the South end of the Site as may be necessary to achieve visual continuity and cost savings during the implementation of the project and for providing the Final Design Deliverables. Services shall be performed in a professional manner and in strict compliance with all terms and conditions 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 the Project Stakeholders and approval by TxDOT and the City as set forth in this Agreement. c. Artist's Final Design for the Work shall be consistent based upon the approved Preliminary Redesign for the North side of the Site and the approved Final Design for the South side of the Site, as per the attached Exhibit "E," Approved Preliminary Redesign for the North End of Site and Approved Final Design for the South Side of the Site, which is attached hereto and incorporated herein for all purposes. 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. e. Upon request of City, Artist shall provide written maintenance recommendations for the Work to the Contract Manager. f. Artist shall present the Final Designs 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 subsequent approval determination at dates and times mutually agreed upon. g. Artist shall make a maximum of one (1) trip to Fort Worth, Texas for meetings and presentations at the request of Contract Manager. Additional trips, if required per this Article, may be negotiated and agreed upon in writing by City and Artist. First Amendment to CSC 46385 2 of 9 Execution Copy 11/17/15 h For the duration of this Agreement, any publicity related to the Work at any stage under this Agreement shall be coordinated through the Contract Manager. Artist should get the Contract Manager's consent in writing prior to engaging in publicity for the Work. 2.6. Final Design Deliverables — Revised Final Design. a. Within three (3) months after the Effective Date of the First Amendment, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.6 to City for approval. Final Design Deliverables shall consist of the following: i. Detailed design illustrations of the Work for the Site, which shall be at least twenty (20) inches by thirty (30) inches and mounted on foam core and/or in a high resolution digital format, such as JPEG or TIF files, showing the proposed Work from multiple vantage points with at least one illustration showing the Work's size and placement in relation to the Site. ii. A final written narrative of the Work, describing the following: (1) the Final Design concepts and timeline for completion; (2) proposed materials, fabrication, and installation methods for all elements of the Work, including information regarding Artist's subcontractor(s), if any, for the Work; (3) maintenance requirements for all elements of the Work as dictated by Artist, along with cost estimates for annual maintenance; and (4) proposed public education program or activity to be conducted by Artist at a time mutually agreed upon by the Parties. iii. A detailed budget, on the budget form attached to the Agreement as Exhibit "C " for fabrication and installation of the Work in an amount not to exceed TWO HUNDRED FIFTY-FOUR THOUSAND, ONE HUNDRED NINETY-ONE DOLLARS AND THIRTY-ONE CENTS ($254,191.31) which includes all costs for materials, labor, fabrication, delivery, installation, insurance, transportation, remaining Artist's fee, travel, and all other associated costs for the Work Artist may propose a budget increase for costs associated with the redesign of the elements on the North and South ends of the Site and to compensate for increases in costs for materials, fabrication and installation since November 14, 2011, when Artist's original Final Design was approved by the FWAC. First Amendment to CSC 46385 3 of 9 Execution Copy 11/17/15 iv. Comprehensive working drawings, detailing the means of installing all elements of the Work on the Site, together with other such graphic material to permit City to carry out structural design review. Professional Liability Insurance is required in all circumstances for on -site artwork requiring engineering and/or architectural services. City will conduct a review of structural design and other related graphic material prior to installation of the Work. Upon City's request, drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas Artist will provide the Contract Manager a certificate of insurance for each licensed professional and provide City with a thirty (30) calendar day notice of cancellation of any policy required hereunder. 2.7. Final Design Review — Revised Final Design. a. Upon full completion of the Final Design Deliverables, Artist shall present the Final Design for the North to the FWAC for review and input at a regularly scheduled FWAC meeting. After presenting to the FWAC for initial input, Artist shall meet with the designated Project Stakeholders, City staff, and other City boards or commissions, as appropriate, to present the Final Design, at a date and time mutually agreed upon, for input. c. Artist shall then present the Final Design to the FWAC for approval at a regularly scheduled FWAC meeting d. City shall notify Artist of its approval, or disapproval, of the Final Design, either in whole or in part, within thirty (30) business days of Artist's presentation to the FWAC. e. If City disapproves of the Final Design, either in whole or in part, then City shall inform Artist of each revision to be made to the Final Design. City may require Artist to make such revisions to the Final 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. f. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to present the revised Final Design in conformance with City's requirements. g. If City disapproves of the resubmitted Final Design, any further Final Design resubmission will be by mutual agreement of the Parties and subject to the procedures and twins in this Article. If the Parties desire not to continue with the resubmission process, then this First Amendment to CSC 46385 4 of 9 Execution Copy 11/17/15 Agreement will automatically terminate, with payment for work performed per the payment schedule in Article 3 up through the date of termination. h. If Artist's Final Design is approved by City, then Artist's Final Design shall be incorporated into this Agreement as an addendum, and shall become the basis for proceeding to the Execution Phase of this Agreement. Upon City s approval of the Final Design, Artist shall provide the Final Design presentation materials to 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 Artist's Final Design and all other work product under this Agreement shall become the property of City, without restriction on future use (see Article 6)." III The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment Schedule " Section 3 1 , "Compensation," and Section 3 2 "Payment Schedule, ' to amend the payment installment schedule to create additional payments during the Revised Final Design. Articles 3.1. and 3.2 are replaced in their entirety to be and read as follows: "3.1. Compensation. Total compensation to Artist under the Agreement will be an amount up to EIGHTEEN THOUSANDDOLLARS AND NO CENTS ($18,000.00), which shall constitute full compensation for any and all costs associated with the Agreement, including, but not limited to, travel expenses for one trip to Fort Worth 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. 3.2. Payment Schedule. a. City agrees to pay Artist in the following installments set forth below each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: i. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) upon execution of this Agreement. ii. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) within thirty (30) calendar days after Artist submits all of the Preliminary Partial Redesign Deliverables required under Article 2.3 of this Agreement and makes a presentation(s) of the Preliminary Partial Redesign to the FWAC. First Amendment to CSC 46385 5 of 9 Execution Copy 11/17/15 iii. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) within thirty (30) calendar days after City's approval of the Preliminary Partial Redesign. iv. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) within thirty (30) calendar days after Artist submits all of the Final Design Deliverables required under Article 2.6 of this Agreement and makes a presentation of the Final Design to the FWAC and after City's approval of Final Design Deliverables. v. City may pay Artist contingency funds in an amount up to SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) for costs associated for engineering consultation. Such payment will be made upon (i) receipt of supporting documentation by the Contract Manager from the Artist and (ii) approval by the Contract Manager of the additional costs." IV. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation paid to the Artist. V. Exhibit "E" approved Preliminary Redesign for the North side of the Site and Approved Final Design for the South Side of the Site is hereby added as attached. VI. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed four copies of this First Amendment in Fort Worth, Texas, this �,,a today of Ki 071 Ctrs , 2015 ("Effective Date"). CITY OF FORT WORTH by: �.4lo0 Fernando Costa Assistant City Manager Date: / 41/4S 4 ARTIST by: Dan Corson, Member(' Corson Studios L.L.C,' Date: „al 11/18/15 IP First Amendment to CSC 46385 Execution Copy 11/17/15 6 of 9 AppRpV ED AS T AND LEITV: Jessica a gsvan A ssist nt ity Attorney ATTESTED BY • J Maw J, City Sect ary Ivi&C —No IVI&C ReQuired; Ste o -„,j( 0 f �. n r' / 000 i;y0 0.00.3 46385 ' st Amendment to CSC 5 Fir Copy 11/171 Execution i OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Walastei 7 of 9 Exhibit E: Approved Preliminary Redesign for the North End of Site and Approved Final Design for the South Side of the Site North End (looking North) North End (looking South) First Amendment to CSC 46385 8 of 9 Execution Copy 11/17/15 South End (Looking North) South End (looking South) First Amendment to CSC 46385 Execution Copy 11/17/15 9 of 9