HomeMy WebLinkAboutContract 60782-A1CSC No. 60782-A1
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 60782
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND BRENDA CIARDIELLO ART LLC AND
SV RANDALL STUDIO LLC FOR
FINAL DESIGN OF PUBLIC ART FOR CHAPEL CREEK CORRIDOR
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 60782 ("First
Amendment") is entered into by and between the City of Fort Worth, a home -rule municipal corporation of the
State of Texas, acting by and through Dana Burghdoff, its duly authorized Assistant City Manager ("City");
and Brenda Ciardiello Art LLC, a Texas Limited Liability Company, acting by and through Brenda Ciardiello
("Artist"); and SV RANDALL STUDIO LLC, a Texas Limited Liability Company, acting by and through
Steven Randall ("Artist"). City has designated the Arts Council of Fort Worth and Tarrant County, Inc., D/B/A
Arts Fort Worth ("Contract Manager") to manage this Agreement on the City's behalf. The Contract Manager
shall act through its designated Public Art project manager.
WHEREAS, on January 25, 2023, Brenda Ciardiello and SV Randall were placed under separate
Preliminary Design Agreements (City Secretary Contract Nos. 58862 and 58927, respectively);
WHEREAS, on November 13, 2023, the Fort Worth Art Commission ("FWAC") approved the Artists'
Preliminary Design for "Vistas," which was presented as a single, collaborative project, and recommended that
the Artists develop a Final Design based upon the Preliminary Design;
WHEREAS, on January 19, 2024, the City entered into an Agreement with Brenda Ciardiello Art LLC
and SV RANDALL STUDIO LLC for Final Design of the Work for the Site (Fort Worth City Secretary Contract
No. 60782) (the "Agreement"); and
WHEREAS, after the Agreement was executed, the Artists reached an agreement with their selected
fabricator, Ion Art, who will provide the engineering and design services needed to complete Final Design, and
based on the quote for these services requires increasing the Engineering and Consulting fee allowance from
$20,000.00 to $35,000.00;
NOW, THEREFORE, City and Artists, for and in consideration of the covenants and agreements
hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
I.
Sections 4.1 and 4.2 of Article 4 of the Agreement, "Compensation and Payment Schedule," are hereby
deleted in their entirety and replaced with the following:
4.1. Compensation.
Total compensation to Artists under the Agreement shall be in the amount of SIXTY
FOUR THOUSAND TWO HUNDRED THIRTY TWO DOLLARS AND NO
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First Amendment - City Secretary Contract 60782 - Chapel Creek Corridor Final Design OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CENTS ($64.232.00)., which shall constitute full compensation for any and all costs
associated with this Agreement, including, but not limited to, engineering and consulting
fees, an Artists' fee of $29,232.00 to be shared equally by both Artists, insurance, all
travel expenses, services performed, and materials furnished by Artists under this
Agreement. Artists and City may amend this Agreement to allow for additional payment
if additional services are required. All parties agree that payments under this Agreement
shall be made to Brenda Ciardiello, who shall be responsible for remitting to
SV Randall his percentage of the Artists' Fee (50% of $29, 232.00 = $14,616.00) and for
all payments to Artists' subcontractors. City shall not be liable to SV Randall for any
payments under this Agreement.
4.2. Pavment Schedule.
The Artists' Fee shall be paid to Brenda Ciardiello in the following installments,
expressed as portions of the Artists' Fee, each installment to represent full and final, non-
refundable payment for all services and materials provided prior to the due date thereof:
a. EIGHT THOUSAND DOLLARS AND NO CENTS ($8.000.00) upon execution of
this Agreement.
b. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) within thirty days after
Artists submit the Final Design Deliverables, as required in Article 3.1 of this Agreement
and make a presentation of the Final Design to the FWAC and Project Core Team.
C. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) within thirty days after
Artists make a presentation of the Final Design to the FWAC and Project Core Team.
d. SIX THOUSAND TWO HUNDRED THIRTY TWO DOLLARS AND NO CENTS
($6,232.00) within thirty days after Final Design is approved by the FWAC.
e. City will provide an allowance of up to THIRTY-FIVE THOUSAND DOLLARS
AND NO CENTS ($35,000.00) for engineering and consulting, including costs for
structural analysis of the individual street light poles where the artwork will be installed.
Such payment shall be made upon receipt of an invoice from Artists with the original
invoice (a retainer fee of up to 50% is allowed) for such services attached.
II.
All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
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First Amendment - City Secretary Contract 60782 - Chapel Creek Corridor Final Design
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to be effective as of
the date this First Amendment is signed by the Assistant City Manager.
CITY OF FORT WORTH
�
By,� �Dana Burghdoff (Ju l CDT)
Dana Burghdoff
Assistant City Manager
Date: 06/1 1 /2025
Recommended for Approval by:
.Xz-
Midori Clark (Jun 11.2025 16:40 CDT)
Midori Clark
Library Director
ARTIST: BRENDA CIARDIELLO ART LLC
By: Brenda Ciardiello
Date:
06/09/25
ARTIST: SV RANDALL STUDIO LLC
By: Steven Randall
Date: —j��
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.
Name: Anne Allen
Title: Public Art Project Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Trey Qualls
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Assistant City Attorney ,cfc� fORIP 4a
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ATTESTED B �° o o=d
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By:
Janette Goodallrlu� aaa44 nEZA?v4p
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First Amendment - City Secretary Contract 60782 - Chapel Creek Corridor Final Design
06/09/25
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City Secretary
Form 1295 Not Required
Contract Authorization:
M&C — No M&C Required
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First Amendment - City Secretary Contract 60782 - Chapel Creek Corridor Final Design