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HomeMy WebLinkAboutContract 52998-A1AD5CITY SECRETARY 4ONTRACT NO. 6a ci � -�5 FIRST AMENDMENT AND FIFTH ADDENDUM TO CITY SECRETARY CONTRACT NO. 52998 This First Amendment and Fifth Addendum of City Secretary Contract No. 52998 ("First Amendment") is 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 Studio Six Art Conservation, LLC, a single member LLC, ("Conservator") acting by and through Brad Smith, its authorized agent. The City has designated the Arts Council of Fort Worth & Tarrant County D/B/A Arts Fort Worth to manage this Agreement on its behalf. WHEREAS, on October 29, 2019, the City and Conservator entered into a professional services agreement whereby Conservator is to provide general maintenance, conservation, and consultation services (the "Services") to the City for the City's art Collection, said contract being City Secretary Contract ("CSC") No. 52998 (the "Agreement"); WHEREAS, the term of the Agreement allows for an initial one-year term with an option, in City's sole discretion, to renew the Agreement under the same terms and conditions for up to three (3) one-year renewal periods, and the Agreement is in its Third and Final Renewal period; WHEREAS, City agreed to pay Conservator an annual amount not to exceed Forty Thousand Dollars and No Cents ($40,000.00) based on the hourly rates detailed in the Conservator's Rate and Fee Schedule set forth in the Agreement; WHEREAS, the Agreement sets forth that the services to be performed shall be based on the Fort Worth Public Art Annual Work Plan and on an as -needed basis in accordance with fully executed Service Delivery Orders, and as such the Parties have entered into several addenda in accordance with the Agreement (CSC Nos. 52998-AD1, 52998-AD2, 52998-AD3, 52998-AD4); WHEREAS, City commissioned Joe Barrington ("Artist") to create a bronze and stainless -steel sculpture titled Cowtown Dalmatian ("Artwork") for Fire Station #45 located at 1901 Quail Grove Dr, Fort Worth, TX 76177, and on June 1, 2023, the City terminated said agreement with Artist (CSC No. 54882) after Artist failed to comply with several deliverables required by the City, including conservation efforts and improvement to the Artwork in accordance with professional and workmanlike standards; WHEREAS, Conservator completed a condition assessment of the artwork on February 22, 2023, and after the Artist's contract was terminated and at the request of City, Conservator provided a cost estimate for conservation services for the Artwork attached hereto as "Exhibit E" OFFICIAL RECORD FIRST Amendment and Fifth Addendum to Fort Worth City Secretary Contract No. 52998 CITY SECRETARY Between the City of Fort Worth and Studio Six Conservation, LLC 11°_WORTH, TX Artist Copy WHEREAS, City and Conservator now wish to increase the compensation in CSC No. 52998 by Four Thousand Dollars during this Third and Final Renewal Term so that the Conservator may provide conservation services to the Artwork; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree to amend the Agreement as follows: I. Section 2.1.a under ARTICLE 2 (COMPENSATION) shall be amended and replaced in its entirety with the following: "2.1.a. In consideration of the Services to be performed hereunder by Conservator and in accordance with the provisions of the Agreement and Exhibit E ("Conservator's Conservation Treatment Estimate"), City promises and agrees to pay Conservator an annual amount up to FORTY-FOUR THOUSAND DOLLARS AND NO CENTS ($44,000.00) ("Compensation") in the Third and Final Renewal Period in accordance with the terms of this Agreement. Payment hereunder shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, all Services performed and materials furnished by Conservator under this Agreement. The parties acknowledge that the Compensation is not a fixed fee but shall be made on an invoice basis for Services rendered in accordance with this Agreement; therefore, the City is not obligated to disburse the full amount of Compensation under this Agreement unless such payment complies with the terms herein. City and Conservator may mutually amend this Agreement to allow for additional payment if additional services are required." II. The attached "Exhibit E" shall be added as an exhibit to the Agreement. All other terms, provisions, conditions, covenants, and recitals of said Agreement, as previously amended and addended, not expressly amended herein shall remain in full force and effect. IV. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or TIF image, or an electronic signature, shall be treated as and shall have the same effect as an original. FIRST Amendment and Fifth Addendum to Fort Worth City Secretary Contract No. 52998 Between the City of Fort Worth and Studio Six Conservation, LLC DRAFT Artist Copy Page 2 of 4 ACCEPTED AND AGREED: CITY OF FORT WORTH By: ��----�-L-- Fernando Costa Assistant City Manager Date: 811-7 /Zoz,3 CONSERVATOR By. Brad Ford Smith Brad Smith Owner Date: 08.16.2023 CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. � r Jennifer Conn, Public(4rt Collection Manager Arts Council of Fort Worth & Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: By: / P� Trey Q7 Assistant City Attorney ATTEST: By. Janne Goodall City S retary Contract Authorization: Form 1295: N/A M&C: N/A FIRST Amendment and Fifth Addendum to Fort Worth City Secretary Contract No. 52998 Between the City of Fort Worth and Studio Six Conservation, LLC DRAFT Artist Copy OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 4 EXHIBIT E ESTIMATE CONSERVATION TREATMENT ESTIMATE Client: City of Fort Worth Public Art Contact: Jenny Conn, Collections Manager Project: 638.23 Date: 04.27.2023 Title: Cowtown Dalmatian Description: Public Sculpture Material: Stainless steel, silicon bronze, limestone Size: tbd Location: Fire Station 45 1901 Quail Run Dr Fort Worth TX. 76177 This Conservation Estimate is for a recently installed sculpture titled "Cowtown Dalmatian" by Joe Barrington located in far north Fort Worth on the front lawn of the newly constructed Fire Station 45. OVERVIEW The sculpture is "hand constructed welded stainless steel and bronze" executed in a rustic style with a matte, sanded and sandblasted finish. Silicon bronze "spots" have been randomly inset into the steel surface. Per the FWPA team request, issues to be addressed in the Conservation Treatment are: removal of surface accretions; treatment of rust spots; random gaps in the weld seams, and absence of a final coating. TREATMENT RECOMMNDIATONS Studio Six proposes cleaning the sculpture with a mild detergent solution followed by an application of a rust inhibitor to affected areas; application of a hard wax infill to selected seam gaps; application of clear carnauba wax overall. Treatment will not include welding repairs, removal of weld spatters, weld burrs or removal of spray paint/primer on the hooves. The application of hard wax to gaps in welded seams is a temporary fix that will require re -application in the future. Applying paste wax to sandblasted stainless steel will slow down the rust progression but will also change the color, possibly making the surface darker. Studio Six will test a small area to determine the effect. Fee Estimate includes Conservator & 1 Conservation Assistant working over a 2 day period which may be non- consecutive depending on date/weather conditions. Work will be schedule in fall of 2023 at mutually agreeable dates. The Estimate below includes treatment with all labor, materials, equipment, travel, General Liability Insurance, and Final Treatment Report with Photo Documentation. Tax ID Required: CONSERVATION TOTAL ESTIMATE: $3,500.00 FIRST Amendment and Fifth Addendum to Fort Worth City Secretary Contract No. 52998 Between the City of Fort Worth and Studio Six Conservation, LLC Artist Copy FORTWORTH -- Routing and Transmittal Slip Planning & Data Analytics Department (Fort Worth Public Art) DOCUMENT TITLE: First Amendment of City Secretary Contract Number 52998, A Professional Services Agreement Between the City of Fort Worth and Studio Six Art Conservation, LLC. M&C N/A CPN CSO # DOC#52998 AM1 DATE: TO: 1. Trey Qualls, Assistant City Attorney 2. ACM Fernando Costa 3. Janette Goodall City Secretary 4 5. A INITIALS DATE OUT TQ 8/16/23 8/I? /Z0Z3 DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes ❑X No RUSH: ❑ Yes ❑ XNo SAME DAY: ❑ Yes ❑ X No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: ❑X Yes ❑ No Action Reauired: ❑ As Requested ❑ For Your Information X❑ Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return to: Please email a copy of the fully executed contract to: Jennifer Conn at jconn@artscouncilfw.org. Thank you!