HomeMy WebLinkAboutContract 53676-A1 t°1�ONMCTiVO. Y�J3b�110
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.53676
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND MARSHALL HARRiS STUDIOS,LLC FOR
C50 REC°D FINAL DESIGN OF PUBLIC ART FOR FIRE STATION#43
4FN 26122 PM 12:58
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT ;NO. 53676 (*first
Amendment") is made and entered into by and between the City of Fort Worth, a home-rule m�nicipal
corporation of the State of Texas,acting by and through Fernando Costa, its duly authori/ed Assist�nt City
Manager, and Marshall Harris Studio, LLC,a Texas limited liability company located at 3815 6restline
Road, Fort Worth, Texas 76107.City has designated the Arts Council of Fort North and Tarrant Count-,
Inc.,to manage this Agreement on its behalf.The Contract Manager shall act through its designated Public
Art project manager.
WHEREAS, on March 18, 2020, the City and Artist entered into City Secretary Contract No.
53676,an agreement for Final Design of Public Art for Fire Station#43("Agreement");
WHEREAS, during development of the Final Design,City requested that Artist suspend further
work while a new location for Fire Station#43 was determined;
WHEREAS,City has found a new location which has resulted in changes to the design an plans
of Fire Station#43,requiring a redesign of the public artwork by the Artist;
WHEREAS,due to the location change of Fire Station #43, it is the collective desire of b�th City
and Artist to amend the Agreement in these ways: revise the definition of-Site" under Section 1,update
Exhibit "C"to reflect the new Site, amend the scope of work to align with the redesign, and increase the
total contract amount and amend the payment schedule to reflect the cost for the redesign.
NOW,TII ERE FORE,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:
1.
The parties wish to amend Article 1 of the Agreement titled"Definitions,"Sections 1.13.is deleted
in its entirety and replaced with the following: 7 - �--
i OFFICIAL RECORD
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CITY SECRETARY
First Amendment to Fort Worth City Secretary Contract No.53676 FT. WORTH,T
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1.13. Site— Means the exterior of the new fire station, such as the station grounds or retoining
Hall,located near the intersection of Walsh Ranch Parkway and Walsh Avenue,further described in Exhibit
It.
The parties wish to amend Article 2 of the Agreement titled"Scope of Services and Delis;cables"
to update the Scope of Services to include a redesign of the approved Preliminary Design and langua�c for
City requirements with regard to publicity which has been adopted since the execution of the Agreement.
Section 2.2. is amended to include the following terms:
j. Artist shall redesign the approved Preliminary Design(CSC 53676,Exhibit"A")within the context
of the Site.
k. In order to maintain the integrity of the City of Fort Worth's public art process,for the duration of
the Agreement,if Artist intends to seek their own publicity for the Work,including publicatiisn of
the artwork design on Artist's website or social media, such efforts will occur after Conceptual
Design Proposal has been approved by the FWAC. Any potential publicity being sought for the
Work, including press/media rclease(s) must be approved, in advance, by Contract Manager, and
shall credit the City of Fort Worth substantially in the following form, "an original artwork
commissioned by and in the public art collection of the City of Fort Worth,Texas."A-social media
plan must be approved, in advance, by Contract Manager, and shall include the hashtag
Nfivpublicart.
Nt.
The parties wish to amend Article 3 of the Agreement titled `'Compensation and PayMent
Schedule" to increase the Artist Fee by $4,000.00 for a total of$8,300.00 therefore increasing the total
contract amount to $13,300.00. Sections 3.1 and 3.2 are deleted in their entirety and replaced %%ith the
following:
I CompNnsation.
Total compensation to Artist under the Agreement shall be in an amount of up to THIRTFEN
THOUSAND,THREE HUNDRED DOLLARS AND NO CENTS(S13.300 001,which shall constitute
full compensation forany and all costs associated with this Agreement,including.,but not limited to,Arti$t's
First Amendment to Fort Worth City Secretary Contract No.53676
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fee of S8,300.00, engineering, material sample mock-ups and consulting fees and services perfon*and
materials furnished by Artist under this Agreement.
3.2. kyment Schedule.
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
a. ONE THOUSAND,FIVE iiUNDRFD DOLLARS AND NO CENTS(Si S(10.00)upon
execution of this Agreement.
b. T%VO THOUSAND DOLLARS AND NO CENTS(S2,0M.001 upon execution of this First
Amendment.
c. T%VO THOUSAND DOLLARS A1D NO CENTS(S2,000.003 within thirty(30)calendar days
after Artist submits the Final Design Delivcrabies as required under Article 2A of this Agreement
and after Artist makes a presentation of the Final Design to the FNVAC,the Project Core Team.
and other Project Stakeholders.
d. TWO THOUSAND, EIGHT HUNDRED DOLLARS AND NO CENTS 62,ft00.00)%within
thirty(30)days after the City notifies the Artist of its approval of the Final Design.
e. City will provide an allowance of up to FIVE THOUSAND DOLLARS AND NO CENTS
(S5,000.00 2 for engineering,material sample mock-ups and consulting fees as necessary.Su;h
payment shall be made for actual services rendered only and upon receipt of an invoice front
Artist with the original invoice(a retainer fee of up to 50%is allowed)for such services attached.
IV.
Exhibit "C,"THE SITE, is deleted in its entirety and replaced with the attached Exhibit "C,"
SITE.
V.
Funds previously paid to Artist prior to this First Amendment shall apply towards the total
compensation paid to Artist.
V1.
All other terms, provisions, conditions, covenants and recitals of said Agreement not expr�ssh
amended herein shall remain in full force and effect.
First Amendment to Fort Worth City Secretary Contract No.53676
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment in Fort Worth, Torrant
County,Texas, this 2S'4 day of _,2022.
CITY OF FORT WORTH ARTIST
Fernando Costa Marshall Harris
Assistant City Manager Marshall Harris Stu iw. LLc/
CONTRACT COMPLIANCE MANAGER
By signing, 1 acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all perforntartce and reporting requirements.
Miche &Rich"d4o v
Michelle Richardson
Public Art Project Manager
APPROVED AS TO FORM AND LEGALITY:
y: _
Jessika %Vi liams
Assistant ity Attorney I FAR
ATTEST: 01 Il;•'• :��
*` 2r
By: '
Jannett . Goodall
City S c ctary ""AS:rrr"
Contract Authorization:
N/A
First Amendment to Fort Worth City Secretary Contract No. 53676
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Exhibit C;Site
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Fire Station#43: Location at Intersection of Walsh Ranch Parkway and Walsh Avenue
FS#43
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Fire Station#43: Location Plan View
First Amendment to Fort Worth City Secretary Contract No.53676
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Fire Station#43:Location Rendering
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Fire Station#43: Location Rendering.Alternate View
First Amendment to Fat Worth City Secretary Contract No.53676
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