HomeMy WebLinkAboutContract 44579-AD2 4
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SECOND,ADDENDUM TO CITY SECRETARY
CONTRACT NO.44579
This Second Addendum to City Secretary Contract Number 44579 ("Second Addendum"), is by
and between the City of Fort `worth City"), a home-rule municipality org, ed under the laws of the
State of Texas, acting by and through its duly authorized Assistant City Manager, and Michael van Enter
("Conservator"), an individual. The City has designated the Arts Council of Fort Worth & Tarrant
County,ty, Inc., to manage the Agreement on its behalf.
WHEREAS, on June 26, 2013, the City and Conservator entered into a professional services
agreement whereby Conservator will provide general maintenance, conservation, and consultation to the
City for the City's art Collection, said contract being City Secretary Contract NCB. 44579 ("Contract");
W. EREA S, ,the Contract sets forth that the Services to be provided shall be based on the annual
Fort Werth Public Art work plan and, on an as-needed basis in accordance with fully executed addenda,
WHEREAS, this addendum is intended to serve as such and sets forth the Services to be
provided per the Contract in accordance with the terms therein,
AS,,, City owns a 13' diameter painted carbon steel sculpture by Yvonne Domenge
("Artist"') titled T bachin Ribbon ("Artwork"), which 'is depicted in more detail in Exhibit "c " attached
hereto and incorporated herein by reference for all purposes.
WHEREAS, while in Chicago, the Artwork received several repairs to the painted surface
resulting from damage caused during travel from Mexico to Chicago and by public interaction during its
exhibition at Millennium Park,
WHEREAS, none of the repairs were entirely successftil, leaving treated areas particularly
obvious and points of distraction,
WHERIEAS, additional damage to the surface at the joining points occurred during deinstal ation
and shipping to Fort,Worth, creating paint loss to the metal that requires repair,
WHEREAS, the City now desires to have the Artwork completely stripped of its existing paint
system and pruned and repainted, as is most reasonably possible, to snatch the original intent in color and
surface finish,
WHEREAS,, the Artwork is currently being stored with one of'the City's contracted art handlers
"Art Handier"), who will transport the Artwork from its current storage location to the Conservator's
facility located at 11326 Airway Boulevard, Roanoke, Texas 76262 or another location agreed upon by
the parties "C:onservator's Facility"), so that the Conservator may perform the services set forth herein;
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WHEREAS, once Conservator has completed the stripping and repainting process, than the City
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will arrange for the Art Handler to transport the Artwork from Conservator's, Facility to its final
=exhibition site located at i 000 Throckm rton Street, Fort 'worth, Teas 76102 �� � 6aRD
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CITY'SECRETARY
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and Addendum to Cs "445"9 FTs WORITWIM
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WHEREAS, as part of the services, contemplated herein, the Conservator may need to apply on-
as d,eemed necessary by Cit�y-
site touch ups,to the Al-twork after it is installed at the Installation site, I
WHEREAS, the City and Conservator wish to set out the Services to be provided per the
Contract that will be specific to this addendum and thi's Artwork with the intent that further Services may
be requested by the City through future addenda; and
NOW, THEREFORE, in consideration of th.e mutual covenants herein expressed, the parties
agree as tbilows,.-
I. The, Services, to be performed by the Conservator for this Second Addendum are set forth in
in the Conservator's, "Conservation Proposcal & Cost Estimates,"� which is, attached hereto as
Exhibit "E" and incorporated herein for all purposes, and includes all labor, travel, and any
other expenses required to complete!the Services for this Artwork.
2. In consideration of the Services to be perfon-ned under this Second Addendum, the City
agrees, to pay the Conservator an arnount up to Thirty-Six Thousand Seven Hundred Dollars
9� A ,. I
and No Cents ($36,700.00) in accordance w�ith the terms olt )"icie 3 of the Contract,. Any
amounts, paid, 'in this Second Addendum shallbe credited towards, the total arnount paid under
the Contract I including any amendments or addenda.
3. Within fifteen business days after the execution, of this Second Addendum, Conservator shall,
ffiri-Lish to the Collection Manager a schedule and a written plan detailing the re�painting
processes, including,, without limitation, the proposed methods for the following: (a) removal
of existing paint,, (b) repair and in,fill of obvious defects and areas of loss,- (c) and,preparation
of the surface for final, painting, including paint specifications. Conservator shall complete
all, Services in accordance with the City-approved schedule and plan., Any changes or
deviation from the approved schedule or plan shall require written approval of the Collection,
Manager,
4. Conservator shall determine all, materials to be used for the Services, subject to review and
approval by the City or Collection Manager prior, to commencement of the Services.
Conservator shall submit to City or Collection Manager for review and written approval a I I
x P sarnple on metal of the proposed paint color, and finish and specifi,cation sheets for all
materials,.
5. 'The Conservator will act as an advisor during the transportation and installation of the
Artwork, as set forth 'in, the Conservation Proposal &Cost Estimate. Conservator shall assess
the condition of the Artwork following in,s,tallation and make oin-�s,ite touch-ups, as necessary.
Conservator shall coordinate with, the City and the, City's Art Handler to ensure for timely
delivery of the Artwork to and from the Coin slervatorl s Facility in accordance with the
require�d schedule.
6. Conservator shall provide the City with docurnentation (satisfactory to the City) evidencing
possession of the A-rtwork, including the dates and times upon which it received the Ai-tw,ork
from the City's Art Handler to perform the Services and when it released the Axtwork back to
the City"s Art f1andler for transportation tothe Installation Site.
7. City shall have the absolute right to access the Facility to review, inspect, and remove the
Axtwork for any reason.
2of7
Second Addendum to CSC 44579
8. Conservator shall provide secured storage for the Artwork and shall take all necessary
precautions to protect and preserve the Artwork while it is in the care, custody, and control of
Conservator. Conservator Shall not remove the Artwork from the Conservator's Facility
unless it receives written permission from the Collection Manager.
9. Conservator shall notify City and Collection Manager, in writing, when all Services have
been completed in accordance with the terms of this Addendum. Included in such notice from
Conservator shall be an affidavit, Exhibit "B" (Affidavit; in the Contract, certifying that all
bills relating to services or supplies used in the performance of this Agreement have been
paid,
10. The risk,of loss or damage to the Artwork shall be borne by Conservator during the time the
Artwork is in the care, custody, and control of Conservator, which includes, but is not limited
to, from the time Conservator accepts delivery of the Artwork from the Art Handler until the
time the Art Handier accepts delivery back from Conservator for transportation to the
Installation Site. Conservator shall take such measures as are necessary to protect the
Artwork from loss or damage, including, without limitation, purchasing and maintaining the
insurance required in Article 6 of the Contract.
11. Conservator shall provide City with written instructions for appropriate maintenance and
preservation of the Artwork.
12. If, within one year after final payment, City observes any breach of'warranty described in
A.rtisle 7 of the Contract that is curable by Conservator, City shall give written notice to
Conservator of such breach with reasonable promptness. Conservator shall, at the request of
City, cure the breach satisfactorily and consistent with professional conservation standards (in
accordance with the American Institute of Conservation(AIC) Code of Ethics and Guidelines
for Practice), and/or construction standards, including, but not limited to, any standards set
firth by City, within thirty(30)days after receipt of the written notice, at no expense to City.
13. If, within one year after final payment, City observes any breach of warranty described in
Article 7 of the Contract that is not curable by Conservator, Conservator is responsible for
reimbursing City for damages, expenses, and losses *incurred by City as a result of the breach.
14. If either Conservator or City has a claim, dispute, or other matter in question for breach of
duty, obligations, services rendered or any warranty that arises under this Agreement, the
Parties shall first attempt to resolve these issues through this dispute resolution process. The
disputing party shall notify the other party in writing as soon as practicable after discovering
the claim, dispute, or breach. The notice shall state the nature of the dispute and list the
party's specific reasons for such dispute. Within ten (10) business days of receipt of the
notice, both parties shall make a good faith effort, either through email, mail, phone
conference, in person meetings, or other reasonable means to resolve any c,laim,, dispute,
breach, or other matter in question that may arise out of, or in connection with this
Agreement. If the Parties fail. to resolve the dispute within sixty(60) calendar days of the date
of receipt of the notice of the dispute, then the parties shall submit the matter to mediation in
accordance with Chapter 154 of the Texas, Civil Practice and Remedies Code and Chapter
2009 of the Texas Government Coder then in effect. Request for mediation shall be in
writing, and shall request that the mediation commence not less than fifteen(15) or more than
forty-five (45) calendar days following the date of request, except upon Agreement of the
parties. In the event City and Conservator are unable to agree to a date for the mediation or to
the identity of a mutually agreed mediator within thirty calendar days following the date
of the request for mediation, then all the conditions precedent in this article shall be deemed
to have occurred.The parties shall share the mediator's fee and any filing fees equally. Venue
for any mediation or lawsuit arising under this Agreement shall be in Tarrant County, Texas.
Second Addendum to CSC 44579 3+ f 7
Any agreement reached in mediation shall be enforceable as a settlement agreement in any
court having jurisdiction. No provision of this agreement shall waive any immunity or
defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot
resolve the dispute through mediation, then either party shall have the right to exercise any
and all remedies available under law regarding the dispute.
15. Conservator acknowledges all right, title, and interest in and to the Artwork shall remain with
the City or Artist, as appropriate. Nothing contained in this Second Addendum shall ever be
construed to convey any right, title, or interest in and to the Artwork to Conservator,
including, but not limited to, any copyright interests.,
16. All terms and conditions of the Contract not specific ally addressed herein remain in full, force
and effect and are binding upon the parties.
CITY OF FORT WORTH MICHAEL VAN ENT
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By: 00000 moo
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM 00
AND LEGALITY:
01-SI, "I""')
Tyler W2 i
Assistant City Attorney
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Mary T. 000
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City Secr,l ta'
M&C #C-26284
Date:, June 4, 2013
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Second Addiendum to CSC 4457 9 of 7
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Exhl"'bit D: The Artwork
Second Addendum to SC 44579 5 of 7
Exhibit E.-
Conservation Proposal& Cost Estimates
van
v a i i n i e Pr St i i&o
141.5 Fairview Ave. Dallas TX
Fine ATt and Conservafion I Hi toric A-eservation 75223
214 515-9948
Jmivary 23,2014
Attention
Jennifer Conn,Collection Manager
Fort Worth Public Art IR
Arts,Council of Fort Worth&Tarrant County
1.300 Gendy Street
Fort Wo�rth,"I"exas 76107 I'M
RE: Tabachin Ribbon Jl
Media: P!mited steel.
Painting and Preparation Services $28,900.00
Post Installation re-touching $2101010.010i
Art Conservation Services $51800-010
......-----------------------------
Art Conserwation Services;
Includes,prqjJect,administration and consultation services including-documentation and reports,
scheduling,advisory oversight of transportation from storage to paint,facility and firom pabit
facilityto installation site,consultation with installation and tramsportation team,and
supervision of all sty. es of painting processes.
Total cost$36,700.00
-nits does not include.-
Removal from current storage fAicility to preparation facility.
Removal from preparation facility to final location.
Preparation of mountAng at final location or Final Installation.
Cost Estirriate is good for 60 days.This price is dependent on a three month tLirnaround from
approval to final installation.
Thank you
Second Addendum to CSC 44579 6 of7
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JVP Collision N KuslomZ L.L.C. Invoice
Juaii V Porras
7300 Glen Dr Date Invoice#
Watauga,TX 76148 1/20/21014 1029
Bill To
Jenny(sCWptur&)
P.01,No, Terms Project
I Due on receipt
Quantity Description Rate Amount
1�Material cost 4,5WOO 4,500.00
190 Labor hours 100-00 197OKOO
An additicnW cost of$5,,400.00 has been added to this estimate due to the cost of paint 5,400.00 514W00
-
booth rental and an increase in material cost. original estimate date 09-04-13
Breakdomm:3 pieces(,&
40 hours labor per piece,I large piece( 70 twurs,labor
(Tax and Material included)
JVP C(Ahsion n Kustoniz is owned and operated by Juan arras,We look forward to
working with you on your custorn project.
,Steps to complete project
Grinding and stripping
Spot welding(if required)
Body work
Primer
Sealer
Base coat
Clear coat
Spot buffing,
Ouf
staffs bilingual for your convenience,
nar&you for your business.
Total $28,9001.00
Second Addendum to CSC''445,79 7 of 7