HomeMy WebLinkAboutContract 57940-A11
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 57940
BETWEEN THE CITY OF FORT WORTH
AND SOCIAL SPACE, LLC FOR FINAL DESIGN AND COMMISSION
OF PUBLIC ART FOR NORTHWEST COMMUNITY CENTER
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 57940 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 Dana Burghdoff, its duly authorized Assistant City Manager, and Social Space, LLC (“Artist”), a
New York limited liability company located at 41 East Main Street, Canton, New York, 13617. 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 its behalf. The Contract Manager shall act through its designated
Public Art project manager.
WHEREAS, on August 1, 2022, the City entered into a contract with Artist for Final Design and
Commission of the Work for the Site (Fort Worth City Secretary Contract No. 57940);
WHEREAS, during installation unexpected costs were incurred and additional travel was undertaken
by Artist and installation teams to ensure the artwork was installed and working correctly;
WHEREAS, Artist, upon approval by Contract Manager, invoiced for the contingency available in the
contract but it was not sufficient to fully cover these unexpected costs;
WHEREAS, funds remain in the current project budget sufficient to cover the remainder of the
unexpected costs incurred during installation that were not already covered by the contingency; and
WHEREAS, it is the desire of the City to compensate the Artist for the remainder of these additional
installation expenses by adding $4,232 to the contract;
NOW, THEREFORE, 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:
I.
Article 4, “Compensation and Payment Schedule,” subsections 4.1, “Compensation,” and 4.2,
“Payment Schedule,” are hereby amended by restating them in their entirety as follows:
4.1. Compensation.
Total compensation to Artist under the Agreement shall be in the amount of ONE HUNDRED SIXTY-FIVE
THOUSAND THREE HUNDRED TWENTY-FIVE DOLLARS AND ZERO CENTS ($165,325.00),
which shall constitute full compensation for any and all costs associated with this Agreement, including, but
not limited to, engineering and consulting fees, a remaining Artist’s fee of $20,542.00, insurance, all travel
expenses, services performed, and materials furnished by Artist under this Agreement, and a contingency of
$16,093.00. Artist and City may amend this Agreement to allow for additional payment if additional services
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are required.
4.2. Payment 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.SEVEN THOUSAND DOLLARS AND NO CENTS ($7000.00)upon execution of this Agreement.
b.EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00) within thirty (30) days after Artist
submits the Final Design Deliverables, as required in Article 3.1. of this Agreement and makes a
presentation of the Final Design to the FWAC and Project Core Team.
c.THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) within thirty (30) days after
Final Design is approved by the FWAC.
d.THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00) upon the Contract Manager’s
verification that the materials have been purchased.
e.TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon the Contract Manager’s
verification that fabrication of the Work is 50% complete.
f.TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon the Contract Manager’s
verification that the Work is complete and ready to install.
g.FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00)upon the Contract Manager’s
verification that installation of the Work is complete.
h.SIX THOUSAND, ONE HUNDRED FIFTY FOUR DOLLARS AND NO CENTS ($6,154.00)
within thirty-five (35) calendar days after Final Acceptance and receipt by City of such documentation
it may require concerning payment of supplies and services rendered to Artist.
i.City may pay Artist contingency funds in an amount up to SIXTEEN THOUSAND ONE HUNDRED
THIRTY-NINE DOLLARS AND NO CENTS ($16,139.00) for costs associated with the Work that
are incurred by the Artist due to unforeseen changes in fabrication, installation or travel costs if travel
costs are in excess of $1,800.00 and are preapproved by Project Manager. These contingency funds
will include an artist administrative fee of fifteen percent (15%) of the total amount of contingency
funds applied for by Artist. Such payment will be made upon (i) receipt of supporting documentation
by the Contract Manager from the Artist and (ii) approval by the Contract Manager of the additional
costs.
j.City will provide an allowance of up to SEVEN THOUSAND DOLLARS AND NO CENTS
($7,000.00) for engineering and consulting. Such payment shall be made upon receipt of an invoice
from Artist with the original invoice (a retainer fee of up to 50% is allowed) for such services attached.
k.City will provide a travel allowance of $1,800.00 for one roundtrip for one person to Fort Worth,
Texas, during installation, for a total amount up to ONE THOUSAND, EIGHT HUNDRED
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DOLLARS AND NO CENTS ($1,800.00) for travel costs, should the artist be approved by Project
Manager to participate in-person during installation. These stipends are provided in accordance with
GSA Per Diem Guidelines and shall cover all travel expenses.
l.City will pay Artist a sum up to FOUR THOUSAND TWO HUNDRED THIRTY-TWO
DOLLARS AND ZERO CENTS ($4,232.00)for unexpected costs incurred during artwork
installation and dedication not previously covered by the available contingency in 4.2.i.
II.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the
total compensation paid to the Artist.
III.
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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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 ARTIST: Social Space LLC
By:_
Dana Burghdoff Matthew Mazzotta
Assistant City Manager
Date: _____________________ Date: _____________________________
Recommended for Approval by:
_______________________________________
Midori Clark
Library Director
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 Program Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Trey Qualls
Assistant City Attorney
ATTESTED BY:
By:
Jannette Goodall
City Secretary
Form 1295: 2022-848780
M&C: 22-0365
Date: May 24, 2022
9/26/2025
City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 05/24/22 M&C FILE NUMBER: M&C 22-0365
LOG NAME: 03NORTHWEST COMMUNITY CENTER PUBLIC ART
SUBJECT
(CD 7) Authorize Execution of a Final Design and Commission Contract with Social Space LLC in an Amount Up to $162,511.00 for Final Design,
Engineering, Fabrication, Delivery, Installation and Contingencies for Artwork for the Northwest Community Center, to be Located in the Southeast
Corner of Northwest Community Park, 8575 Blue Mound Road, 76131
RECOMMENDATION:
It is recommended that the City Council authorize execution of a final design and commission contract with Social Space LLC. in an amount up to
$162,511.00 for final design, engineering, fabrication, delivery, installation and contingencies for artwork for the Northwest Community Center, to
be located in the southeast corner of Northwest Community Park, 8575 Blue Mound Road, 76131.
DISCUSSION:
This Mayor and Council Communication (M&C) is to authorize execution of a final design and commission contract with Social Space LLC. in an
amount up to $162,511.00 for final design, engineering, fabrication, delivery, installation and contingencies for artwork for the Northwest
Community Center.
Social Space LLC's artwork for Northwest Community Center entitled, Open Plains, brings the outdoors in by transposing a natural scene into the
new community center lobby.
As patrons enter the building, they see a"grassy hill" in the middle of the lobby space. Proceeding further into the building, they will look up and
see a small group of "birds" gently moving their wings and "flying" in a circle above the "hill".
The "grassy hill" will be centered in the space underneath the birds, replacing some of the architecturally specified seating in this reception area.
The durable structure will be upholstered in varieties of artificial turF that approximate colors and textures of the local native landscape. Designed to
be climbed on, it will provide multiple, inviting, organic seating arrangements. The "birds" will be animated by a small fan that will push them
forward and cause their wings to slowly flap.
This whimsical, playful artwork is designed to give the viewer the experience of connecting with the open landscape of Northwest Community Park
that surrounds the community center.
Fort Worth Art Commission (FWAC) Action:
On February 22, 2021 the FWAC approved the Selection Panel's recommendation of Social Space LLC for the Northwest Community Center
public art project.
On November 18, 2021, Social Space LLC was placed under a Preliminary Design Agreement (City Secretary Contract No. 56709) in an amount
up to $20,061.00.
On February 21, 2022, the FWAC approved the Preliminary Design and recommended that the artist be placed under a Final Design and
Commission Contract.
Funds for public art for the Northwest Community Center project in the amount of $211,533.00 were included in the Public Art Plan for the 2018
Bond Program, Proposition B, adopted by City Council on October 16, 2018 (M&C G-19401). This project is included in the Fort Worth Public Art
Fiscal Year 2022 Annual Work Plan, adopted by the Fort Worth City Council on November 9, 2021 (M&C 21-0830).
Artist shall require their subcontractors to pull all permits required for this project, however, the City shall waive any fees for these permits as this
project is funded by City Bond funds.
Estimated annual maintenance on this project is anticipated to be $500.00.
Funding is budgeted in the Development Services Other General Gov DepartmenYs 2018 Bond Program Fund for the purpose of funding
the FWPA NW Community Center project, as appropriated.
BUSINESS DIVERSITY OFFICE - The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent of total capital project dollars
expended on public art annually. The Business Equity Division waived the Business Equity Goal requirement because most artists are individuals
and not businesses. THE ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY, INC. D/B/A ARTS FORT WORTH have agreed that 25%
of all artists commissioned will be a minority individual(s) or a minority business owner(s). The Arts Fort Worth and the Planning and Data Analytics
Department will report its utilization to the Business Equity Division on a bi-annual basis at the end of March and September.
Council Member Leonard Firestone concurs with the FWAC's recommendation for Social Space LLC to develop a Final Design and complete
engineering and, upon approval, fabricate, deliver, and install artwork in the Northwest Community Center.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program
Fund for the FWPA NW Community Ctr project to support the approval of the above recommendation and execution of the commission
contract. Prior to any expenditure being incurred, the Development Services Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office bk Fernando Costa 6122
Originating Business Unit Head: Mark McAvoy 6222
Additional Information Contact:
Expedited