The URL can be used to link to this page

Home My WebLink AboutContract 35533 a City Secretary Contract No. �S_3 AMENDMENT No. 1 TO CITY SECRETARY CONTRACT NO. 33894 WHEREAS, on August 21, 2006, the City of Fort Worth („City%) and Philippe Klinefelter („Artist%) made and entered into City Secretary Contract No. 33894 (the „Contract%) as authorized by City Council (M&C C-21589) and the City designated the Arts Council of Fort Worth and Tarrant County, Inc. as its Contract Manager; WHEREAS, under the Contract, Artist was commissioned to design, fabricate and install a sculptural water feature (the "Work") for Byers Green; and WHEREAS, after fabrication commenced on the Work, it was discovered that there was a flaw in the granite being carved for Artwork; and WHEREAS, this discovery caused added expense to the Artist for the cost of transporting the replacement material to the studio, which the Artist will cover as part of the original contract amount OF $220,066.00; and WHEREAS, it is the desire of the Artist to split the next contract installment payment to allow some funds to be released to help him cover the aforementioned additional costs; NOW, THEREFORE, City and Artist do hereby agree as follows: Article 2. Compensation and Payment Schedule This section is amended to be and read as follows: „2.1. Fixed Fee. City shall pay Artist a fixed fee of TWO HUNDRED TWENTY THOUSAND SIXTYY-SIX DOLLARS AND NO CENTS ($220,066.00) („Feet), which shall constitute full compensation for all services and materials to be performed and furnished by Artist under this Agreement. The Fee shall be paid in the following installments, expressed as percentages (or portions) of the Fee, each installment to represent full and final , non-refundable payment for all services and materials provided prior to the due date thereof: a. Twenty percent (20%) upon execution of this Agreement, recognizing the Artist has already invested time and expense in preliminary design coordination with City and its consultants. b. Forty percent (40%) within thirty (30) days after City notifies Artist of its approval of the deliverables and services outlined in Section l.l.a. -d. and Section 1.4.a. C. Fifteen percent (15%) upon the Project Manager,s verification that the Artwork is 50% complete. d. Fifteen percent (15%) within thirty (30) days after City notifies Artist that commencement of delivery and installation of Artwork may begin. e. Ten percent (10%) within thirty (30) days after City notifies the Artist of its Final Acceptance of Artwork outlined in Section r' • 1.7.E All other terms and conditions of City Secretary Contract No. 33894 not amended herein remain unaffected and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed fqq'yy��copies of t ��°o tract amendment in Fort Worth, Texas, this ]-qf1 day of -tZS.d�L --------- 2007. ATTEST: CITY OF FOR OR H - ---- ---- /--/-J- - -- ----- --------- City Secr ary Libby Watson Assis nt City Manager 1'1t APPROVED TO FORM ,\ ALI _. r.trac'c Authorization Assist nt C y ttorney ace PHILIPPE KLINEFELTER ('— /Kl STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on IaVa---------- 2007 by Libby Watson, Assistant City Manag r, C•ty of Fort Worth, on behalf of the City of Fort Worth, Texas. NOTARY PUBLIC, STATE OF TEXAS ,.�1�:"'rid ROSELLA BARNES ►; *= MY COMMISSION EXPIRES March 31,2009 STATE OF TEXAS § § COUNTY OF TARRANT § This in trument was acknowledged before me on - _ --------- 2007 by Philippe Klinefelter, Artist. KENNY SMITH --- -- — --- — ---------- _ *_ Notary Public,State of Texas NOT RY UBLIC, TE OF TEXAS - s My Commission Exom "' JAN, 12,2009 a .t. i City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/3/2006 DATE: Thursday, August 03, 2006 LOG NAME: 03CAMPBOWIEART REFERENCE NO.: **C-21589 SUBJECT: Authorize Execution of an Artwork Commission Contract with Philippe Klinefelter for "Earth Fountain" Camp Bowie Boulevard Public Art Project RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Artwork Commission Contract with Philippe Klinefelter for final design, fabrication and installation of "Earth Fountain," a carved red granite sculpture with an integral dry fountain for the traffic island known as "Byers Green," which is bounded by Camp Bowie Boulevard, Byers Avenue and Eldridge Street, in an amount not to exceed $220,066.00. DISCUSSION: The Artwork Commission Contract would enable Philippe Klinefelter to finalize his design for "Earth Fountain," the recommended public art project for Byers Green on Camp Bowie Boulevard, including engineering, lighting specifications and installation methods and, upon City approval, fabrication and installation of the work, for an amount not to exceed $220,066.00. Camp Bowie Boulevard is an arterial street project in the 2004 Capital Improvement Program (CIP); therefore, the public art is to be funded from Public Art Program funds in the 2004 CIP. An amended Adopt-a-Park Agreement will obligate Urban Green to provide pathway(s) to the sculpture, landscaping and, if funding is available, to commission benches designed by Philippe Klinefelter to complement the sculpture. BACKGROUND: On May 17, 2005 (M&C G-14801), the City Council approved the Long-Range Public Art Plan for the 2004 CIP, which identified Byers Green/the Camp Bowie Boulevard 2004 CIP arterial street project for 2004 CIP Public Art funding. In July 2005, the Arts Council of Fort Worth and Tarrant County, Inc. sent out a Request for Proposals (RFP), inviting 33 artists nominated by the Fort Worth Art Commission and the community to submit qualifications by August 31, 2005. A selection panel comprised of the following members was then formed: Selection Panel Voting). Council Member Carter Burdette, Council District 7, Fort Worth City Council Carol Hendrix, North Hi Mount Neighborhood Association Cleve Lancaster, Crestline Neighborhood Association Rinda Medary, Crestline Neighborhood Association Christina Patoski, Arlington Heights Neighborhood Association Becky Lawton, Curator, Amon Carter Museum and Fort Worth Art Commissioner Anne Allen, Fort Worth-based Artist and Executive Director of the Arlington Museum of Art Steve Kline, General Services Administration and AIA Fort Worth u , Rob Sell, Urban Green Advisors (Non-Voting): Dee Hardin, Fort Worth Parks and Community Sevices Department John Robinson, Amon Carter Foundation Brandy O'Quinn, Historic Camp Bowie, Inc. Andrew Blake, Urban Green Judy Needham, West Byers Neighborhood Association Leslye Nunnelee, The Project Group On September 9, 2005, the Selection Panel met, reviewed the qualifications of the 17 artists who responded to the RFP and selected three artists (Alice Bateman, Eliseo Garcia and Philippe Klinefelter) as finalists. On September 26, 2005, the three artists attended a site visit to meet with the project stakeholders and City staff. On December 9, 2005, the three finalists presented their proposals to the Selection Panel, which recommended Philippe Klinefelter's "Earth Fountain" proposal for commission. On December 12, 2005, the Fort Worth Art Commission approved the Artist Selection Panel's recommendation of Philippe Klinefelter as artist for the Camp Bowie/Byers Green public art project. The City's overall M/WBE goal for the Fort Worth Public Art program is 25% of total capital project dollars expended on public art annually. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/AccounVCenters FROM Fund/Account/Centers C200 531200 031980000933 $44,013.00 C200 541200 031980000980 $17605100 Submitted for City Manager's Office by: Libby Watson (6183) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Sandy Oliver (7371)