HomeMy WebLinkAboutContract 45310-A1 (2)art r\ECRRA
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45310
t,,/ AGREEMENT BETWEEN THE CITY OF FORT WORTH
IBELIZ BROTHER FOR PRELIMINARY DESIGN OF PUBLIC ART FOR THE BOB
BOLEN PUBLIC SAFETY COMPLEX
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45310 ("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 Beliz Brother ("Artist"), an individual who resides at 3843 S Brandon Street, Seattle,
Washington 98118. 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 project
manager.
WHEREAS, City and Artist entered into City Secretary Contract No. 45310 ("Agreement") on
January 27, 2014, whereby Artist would provide City a preliminary design ("Preliminary Design") for a
finished object of art and design ("Work") at 505 West Felix Street ("Site");
WHEREAS, on January 12, 2015, Artist made a presentation of her Preliminary Design to the
Fort Worth Art Commission ("FWAC") for review and input;
WHEREAS, on June 8, 2015, Artist made a second presentation of her Preliminary Design to the
FWAC, and the FWAC approved the Preliminary Design, but did not approve a location for the Work;
WHEREAS, on June 8, 2015, Artist created a mockup on a proposed location in the courtyard of
the complex, to demonstrate the visibility of the Work in the location recommended by the Artist;
WHEREAS, on July 13, 2015, the FWAC approved the Artist's recommendation of the
courtyard as the location for the Work;
WHEREAS, subsequently City Council expressed concern that the courtyard location is not fully
accessible to the public as it requires passing through security to experience the Work up close, and have
requested a new, public location at the Site be chosen for the Work prior to commencing final design of
the Work;
WHEREAS, Artist will make a minimum of three (3) additional trips to Fort Worth to select a
new location at the Site and present the new location to the FWAC and community;
WHEREAS, Artist will make adjustments to the approved Preliminary Design and conduct a soil
test, as needed, so that the Work will fit the conditions of the new location at the Site;
WHEREAS, it is the desire of the City to compensate the Artist for the additional travel, soil
testing, and design work;
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.
First Amendment to CSC#45310 with Beliz Brother execution copy 11/12/15
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX1 of
In Article 2.1 "Scope of Services," add provision for artist to make three additional trips to Fort
Worth to recommend a new, public location at the Site, and to present the new location and any changes
to the Preliminary Design to the FWAC and community. Article 2.1 1s amended by changing subsection
(f) and adding subsection (0) to be read as follows:
"(f) Artist shall design a Work that shall be located in a public area (not a secured area) that
provides full access to the public without the need to pass through security, including but not
limited to, the parking areas and landscaped entrance area, the outer lobby of the administration
building or other locations as may provide public access. The specific location at the Site where
the Work will be installed shall be mutually agreed upon by City and Artist.
(j) Artist shall make a minimum of three (3) additional trips to Fort Worth for the purpose of
selecting a new location at the Site for the Work pursuant to Section 2.3(a)(v) and presenting the
new location at the Site and any revisions to the approved Preliminary Design to the FWAC and
community."
II
In Article 2.3 "Preliminary Design Deliverables," add provision for Artist to make adjustments to
the Preliminary Design, and have soil testing done, as needed, so the Preliminary Design will fit the
conditions of the new location at the Site. Article 2.3(a) is amended by replacing subsection (iv) in its
entirety and adding subsection (v) to be and read as follows:
"iv. A preliminary budget estimate, on the budget form attached hereto as Exhibit "B," for
final design and implementation of a final design of the Work in an amount not to exceed THREE
HUNDRED SIXTEEN THOUSAND. ONE HUNDRED DOLLARS AND NO CENTS.
($316.100.00). reflecting total costs and mclusive of remaining artist's fees, engineering fees,
travel, materials, labor, lighting, fabrication, transportation, construction, insurance, installation,
and all associated costs for the Work.
v. If City and Artist do not agree on a location at the Site for the Artwork Artist shall
recommend a new, public, accessible location at the Site for the Work. Artist will also conduct a
soil test, as needed, at any new location at the Site to determine the type of footing required to
support the Work. Artist will also need to make adjustments as needed to the approved
Preliminary Design so that it fits the conditions of the new location at the Site and will make
necessary presentations to the FWAC and the community to gain approval of the new location at
the Site."
First Amendment to CSC#45310 with Beliz Brother
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In Article 3 "Compensation and Payment Schedule," amend sections 3.1 "Compensation" and 3.2
"Payment Schedule" to allow for payments for three (3) additional trips, additional design and soil
testing. Article 3, sections 3 1 and 3.2 are replaced 1n their entirety to be and read as follows:
"3.1. Compensation
Total compensation to Artist under the Agreement shall be THIRTY-THREE THOUSAND
NINE HUNDRED DOLLARS AND NO CENTS ($33.900.00), which shall constitute full
compensation for any and all costs associated with the Agreement, including, but not limited to,
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.
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. NINE THOUSAND DOLLARS AND NO CENTS ($9,000.00) upon execution
of this Agreement.
ii. SIX THOUSAND DOLLARS AND NO CENTS ($6,000.001 within thirty (30)
calendar days after Artist submits all of the Preliminary Design Deliverables required
under Article 2.3 of this Agreement and makes a presentation of the Preliminary Design
to the FWAC pursuant to Article 2.4(a).
iii. SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) within thirty (30)
calendar days after Artist submits revisions, if any, to the Preliminary Design
Deliverables as may be required under Article 2.3 of this Agreement and makes a final
presentation of the Preliminary Design to the FWAC.
iv. THREE THOUSAND, NINE HUNDRED DOLLARS AND NO CENTS
($3,900.00) within thirty (30) calendar days after City s approval of the Preliminary
Design.
v. FIVE THOUSAND. FIVE HUNDRED DOLLARS AND NO CENTS ($5.500.00)
within thirty (30) calendar days after Artist makes a presentation of a new location at the
Site under Section 2.3(a)(v) and any revisions of the Preliminary Design to the FWAC
and the FWAC approves the new location at the Site and any revisions to the previously
approved Preliminary Design.
iv. City may pay Artist up to THREE THOUSAND FIVE HUNDRED
DOLLARS AND NO CENTS ($3,500.001 as a reimbursable for travel in accordance
First Amendment to CSC#45310 with Beliz Brother
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with standard GSA rates, and for soil testing fees as needed, in order to fulfill the terms
of this Agreement. Payment for soil testing shall be made upon receipt of an invoice
from Artist with the original invoice, and a retainer fee of up to fifty percent (50%) is
allowed for such services attached thereto."
VI.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the total
compensation paid to the Artist.
VII.
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 WHE f the party hereto have e ecuted four copies of this First Amendment in Fort
`'North, Texas, this. � of Z'���
,A--<2015.
CITY OF FORT WORTH
Fernando Costa
Assistant ity anager
Date: // 23
APPR
AND Il,E ALIT
\ED AS TO FORM
Jessica gsvang
Assista t Cjty Attorney
ATTESTED BY:
M: ry
City Sec
ry
M&C — No M&C Required
First Amendment to CSC#45310 with Beliz Brother
T
ARTIST
Bel z Brothe
Date:
execution copy 11 / 12/ 15
•
OFFICIAL RECORD
CITY SECRETARY
(1 Tr, WORTH, M ,�.A
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