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Home My WebLink AboutContract 44899-A1 (2)" :"' � ` t; � `- � `• ' : r ��j , � FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44899 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DONNA LYNN DOBBERFUHL AND NED ALVIN DOBBERFUHL D/B/A SCULPTURAL DESIGNS FOR FINAL DESIGN AND COMMISSION OF PUBLIC ART FOR POLYTECHNIC/WESLEYAN URBAN VILLAGE � m n m < m � 0 c-� -� �a t� � v r � This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44899 ("First Amendment") is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl, d/b/a Sculptural Designs, Sculptural Designs Atelier, 927 N. Alamo Street, San Antonio, TX 78215-1511. 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, the City designated the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager; WHEREAS, City is completing street and streetscape improvements in the 2700-3200 blocks of East Rosedale Street in the Polytechnic/Wesleyan Urban Village (between Connar and Collard streets) adjacent to Texas Wesleyan University in Council District 8; WHEREAS, the Fort Worth Art Commission ("FWAC") recommended funds for an artwork for the Site from the Specially Funded Capital Projects Fund, and the Project was included in the Fiscal Year 2013 Annual Work Plan and Budget, adopted by the Fort Worth City Council on October 16, 2012 (M&C C- 25920) as part of the City's agreement with the Contract Manager for administration of the public art program; WHEREAS, on September 30, 2013, the City and Artist made and entered into City Secretary Contract No. 44899, an agreement for final design, and, upon City approval, fabrication and installation of an artwork at the Site ("AgreemenY'); WHEREAS, the components of final design include hand-carved brick rose bas relief panels and cast stone seat wall elements, as well as design of cast bronze plaques based on historic photos, with the understanding each of the components can be approved by the FWAC separately, and WHEREAS, on Septembet• 8, 2014, the FWAC approved the Artist's Final Design for the hand- carved brick rose bas relief panels; and WHEREAS , it is necessary for the Artist to begin the carved brick elements right away, in order to meet the City's construction completion schedule; and WHEREAS, it is the desire of the City to compensate the Artist upon approval of these components of the Final Design so that Artist has the necessary funds to proceed with fabrication; and WHEREAS, the City has reduced the number of kiosks from six (6) to three (3), and it is the desire of the City to not reduce the scope of the Artist's work, therefore, Artist will now fabricate and install two (2) hand-carved brick rose bas relief panels per kiosk; and WHEREAS, Artist has reflect the new business address. First Amendment to CSC 44899 Execution Copy 10/27/14 recently changed their business address and desires that this Agreement � ;. _ � �• J, CITX SECRETAR�T I 1 of 6 I � 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. In Article 1.15 of the Agreement, delete the word "six" and replace with "three," to reflect the reduction in the number of kiosks. II. Replace the existing Exhibit B of the Agreement with the updated Exhibit B"The Site" attached to this First Amendment to reflect the location of three (3) kiosks instead of six (6). III. In Article 2.2(c) of the Agreement titled "Scope of Services," amend the number of kiosks the City is constructing from six (6) to three (3), while keeping the scope of the ArtisYs Scope of Work the same. Article 2.2(c) (Scope of Services) is replaced in its entirety to read as follows: "2.2. Scope of Services. c. ArtisYs Final Design for the Work shall 1) utilize six hand-carved brick rose bas relief panels for the three (3) kiosks, each approximately 4' 7" x 4', derived from a single design by the Artist that shall be incorporated into two (2) sides of each of the three (3) kiosks to be built at the Site; and 2) a rose design approximately 16" x 16" cast from the Artist's original carving that shall be installed on the twenty-five (25) columns of the seating wall." N. The parties wish to revise Article 3 of the Agreement titled "Compensation and Payment Schedule" to amend the payment installment schedule to create an additional payment during the fnal design phase. The parties acknowledge that the City has already paid the Artist $4,000.00 pursuant to Article 3.2(a)(1). of the Agreement. Article 3.2 (Payment Schedule) is replaced in its entirety to read as follows: "3.2. Pavment 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: (1) FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) upon execution of this Agreement. (2) TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) within thirty (30) days after Artist submits the components of the Final Design Deliverables that pertain to the carved brick rose bas reliefs, as required in Article 2.4. of this Agreement, and the Final Design for these components is approved by the FWAC. (3) FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00� within thirty (30) days after Artist submits the components of the Final Design Deliverables that pertain to the twenty- five (25) cast rose elements, as required in Article 2.2(c), and submits the six (6) historic photographs as high resolution images, along with a budget for fabrication and installation of First Amendment to CSC 44899 2 of 6 Execution Copy 10/27/14 the bronze plaques to be created froin the images, as required in Article 2.2(d) of this A��eement, and the cast rose elements and images are appY•oved by the FWAC. V. In Article 14, "Notices," Section 2, amend the address of Artist to reflect the new business address for Artist. Article 14, "Notices," Section 2 is replaced in its entirety to read as follows: "2. VI. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total coinpensation paid to the Artist. vz�. All terms and conditions of the Agreement that are not e�:pressly amended pursuant to this First Amendment shall a•emaiza in full force and effect. IN WITNESS WHEREOF, t}�e pa, 'es hereto have eYecuted four copies of this First Amendment in Fort Worth, Te�as, this L ay of /, ,�= �`�— , 2014. CITY OF FORT WORTH by:C .i��1�1�L��o (.�s� Fernando Costa Assistant City Manager Date: /0�30 �/�1'' � ,�_ : _ t� 1 � � �o`�'� ��,�G� u��`� � irs en men o S 44899 TIST Donna Lynn Dobb�rfuhl d/b/a Scu�ural Designs Date: > i l 11:—Yo, '1 _ _� . � _ _ �� .. �� (3) NINE THOUSAND DOLLARS AND NO CENTS (�9,000.00� upoii the Contract Max�age�•'s veri�cation that the carving of the six (6) brick rose bas reliefs for the kiosks is 50% complete and the master for the cast rose elements is 100% cornplete. (4) NINE THOUSAND DOLL,ARS AND NO CENTS ($9,000.00� upon the Contract Manager's verification that the six (6) carved brick rose bas reliefs and tlie riventy-five {25) cast rose elements are ] 00% complete. (6) THREE THOUSAND FIVE H[JNDRED DOLLARS AND NO CENTS ($3,500.00� within thirty-five (35) days after Final Accaptance and receipt by City of such documentation it may require concerning payment of supplies and services rendered to Artist [see Article 2.9]." ARTIST Donna Lynn Dobberfuhl and Ned Alvin Dobberfiihl d/b/a Sculptural Designs Sculphiral Desibns Atelier 927 N. Alamo Street San Antonio, TX 78215-1511 .� . �:, ;i, . 9 _ f p� ' �• �S !� ..i�� APPROVED AS TO FORM AND.LEGALITY. ' � � Assis;�ant City Attorney ATTESTED Ma�y M&C —No M&C Required First Amendment to CSC 44899 Execution Copy 10/27/14 ��, Ned Alvin'Dobberfuhl d/b/a Sculptural Designs � c�. ��'� j� Date: 4 of 6 Exhibit B: The Site Exhibit B: The Site (Continued): REVISED Kiosk Locations & Qty First Amendment to CSC 44899 5 of 6 Execution Copy 10/27/14 First Amendment to CSC 44899 6 of 6 Execution Copy 10/27/14