HomeMy WebLinkAboutContract 43743-A1 MY SECRUAW,
CONTRACT NO.LLL�.�
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.43743,AN ARTWORK
TRANSIT, STORAGE,DELIVERY, AND INSTALLATION AGREEMENT
This First Amendment to City Secretary Contract Number 43743 ("First Amendment") is by
and between the City of Fort Worth ("City"), a home-rule municipality organized under the laws of the
State of Texas, acting by and through its duly authorized Assistant City Manager, and Unified Fine Arts
Services, L.L.C. ("Contractor"). The City has designated the Arts Council of Fort Worth & Tarrant
County, Inc., to manage the Contract on its behalf.
WHEREAS, on October 9, 2012, the City and Contractor entered into a professional services
agreement whereby Contractor agreed to provide transit, storage, delivery, and installation services for an
Artwork owned by the City titled Tabachin Ribbon ("Artwork"), said contract being City Secretary
Contract No. 43743 ("Contract");
WHEREAS, due to unforeseen issues concerning deinstallation and storage of the Artwork, the
Contractor has incurred unanticipated costs related to travel, oversize permits, transportations materials,
and storage expenses;
WHEREAS, in addition, transit services detailed in the Contract originally included
transportation of the Artwork from Chicago, Illinois to the Contractor's Storage Site and from the
Storage Site to the Installation Site;
WHEREAS, due to conservation issues, the City and Contractor agreed to move the Artwork
from the Storage Site to a conservator's studio located 11326 Airway Boulevard, Roanoke, Texas 76262
("Conservation Site"), said agreement being City Secretary Contract Number 40164-A6;
WHEREAS, since executing the Contract, the City has revised its installation plans to include
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permanent subgrade concrete footing and lighting integrated into the Site to feature the Artwork and
complement the plaza and the historic Public Safety Building;
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WHEREAS, to carry out the revised installation plans, including the implementation of the site
work, subgrade footing, electrical tie-ins, and light, the City is contracting with The Fain Group, Inc.
because of The Fain Groups, Inc.'s familiarity with the Site, nearby subgrade utilities, and other related
City infrastructure;
WHEREAS, upon completion of the conservation work, the City desires for the Contractor to
transport the Artwork from the Conservation Site to the Installation Site and coordinate installation of the
Artwork with The Fain Group, Inc.;
WHEREAS, it is the desire of the City and Artist to amend the Contract to account for the
unexpected increase in cost of services and the revised transit and installation plans;
NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and agreements
contained herein, do mutually covenant and agree that the Agreement is ampuded...as-f Mows:
RECEIVED AUG 19 2014 1 FiciJU,RECORD
First Amendment to CSC 43743R � raP w 1 or7
I.
The Parties wish to amend Subsection 1.7, "Contractor's Proposal," of Article 1, "Definitions," in
its entirety to read as follows:
"1.7. Contractor's Proposal — Means the Contractor's estimate detailing an itemized
proposal of all expenses, including labor, materials, and supplies necessary to fulfill the
scope of work for this Contract, attached hereto as Exhibit "B." The Exhibit "B"
attached to this First Amendment is hereby incorporated into the Contract for all purposes
and supersedes any prior Exhibit`B."
II.
The Parties wish to amend Subsection 2.4"Transportation and Installation at the Installation Site"
of Article 2 "Scope of Services/Work" in its entirety to read as follows:
"2.4 Transportation and Installation at the Installation Site
a. Transportation of the Artwork from the Conservation Site to the
Installation Site
i. Contractor will transport the Artwork from the Conservation Site
to the Installation Site on a date and time mutually agreed upon
by the City and Contractor.
ii. Contractor shall coordinate with the City and Michael Van Enter,
the City's Artwork conservator ("Conservator"), during the
transportation and installation of the Artwork. In the event of
any conflict between the City and its Conservator, the decision
of the City shall control.
iii. Contractor shall prepare a condition report of the Artwork prior
to accepting the Artwork for transit from the Conservator. The
Contractor will ensure that the Contractor, the Conservator, and
the Contract Manager sign off as to the condition of the Artwork
prior to acceptance of the Artwork by the Conservator. The
Contract Manager shall then take possession of the condition
report and distribute copies to the Contractor.
b. Artwork Installation Plan.
i. Contractor shall coordinate with City, The Fain Group, Inc., and
Contract Manager to develop the Installation Plan.
ii. Contractor, upon request of Contract Manager, shall attend
meetings with appropriate City staff for purposes of risk
assessment, safety review, siting of the Artwork, and street
closures and permitting.
First Amendment to CSC 43743 2 of 7
iii. The City may require Contractor to make such revisions to the
Installation Plan as are necessary to comply with applicable
statutes, ordinances, or regulations of any governmental
regulatory agency having jurisdiction over the Installation Site
for reasons of safety and security or as the City deems necessary
in its sole discretion.
iv. Contractor shall provide a final, written Installation Plan to the
Contract Manager within two weeks after the Contract Manager
or City requests such in writing. After written approval of the
Installation Plan by the Contract Manager or the City, Contractor
shall deliver and install the Artwork in accordance with such
Installation Plan. Changes may be accomplished by written
agreement between the parties.
C. Installation of the Artwork
i. Contractor shall be responsible for installing all elements of the
Artwork at the Installation Site and shall coordinate the delivery
and installation of the Artwork with the City, Conservator, The
Fain Group, Inc., and Contract Manager to ensure proper
installation in accordance with the Installation Plan. Delivery
and installation activities may not commence until written
permission is delivered to Contractor by City. To the extent that
any conflict exists between the City, Conservator, The Fain
Group, Inc., and the Contract Manager, the City's decision shall
control.
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ii. Contractor is responsible for obtaining and paying for all permits
necessary and applicable to the work to be conducted by the n
Contractor.
iii. Contractor, individually and through its subcontractors, shall
take all necessary precautions to protect and preserve the
integrity and finish of the Installation Site while delivering and
installing the Artwork. If City determines, in its sole discretion,
that Contractor or Contractor's subcontractors have damaged the
Installation Site, then City shall inform Contractor,,in writing, of
the damage. Contractor, at his own expelise, shaIVhave thirty,
(30) days from receipt of City's written notice to repair the
damage to the Installation Site to the satisfaction of City. If
First Amendment to CSC 43743 3 of 7
Contractor fails to repair the damages to the satisfaction of City
within thirty (30) days after receipt of the notice, or within the
deadline otherwise agreed to by the Parties, then City shall have
the right to deduct the cost of repairs from any remaining
payment due to Contractor under this Agreement, which shall be
in addition to any and all other rights and remedies available to
City at law or in equity."
IIl.
The parties wish to amend Subsection 3.La "Compensation and Payment" of Article 3
"Compensation and Payment Schedule for Services Provided to City" in its entirety to read as follows:
"a. Total compensation to Contractor under this Agreement shall be in an amount not
to exceed FORTY-FOUR THOUSAND I SIX HUNDRED SIXTY-THREE
DOLLARS AND FIFTY CENTS ($44,663.50), which shall constitute full
compensation for all services to be performed and materials to be furnished by Contractor
under this Agreement, including, but not limited to, all costs associated with transit,
storage, delivery, installation, insurance, incidental costs, and any other costs associated
with this Agreement."
IV.
Funds previously paid to the Contractor prior to this First Amendment shall apply toward the total
compensation paid.
V.
All terms and conditions of the Contract that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
VI.
All terms in this First Amendment that are capitalized but not defined shall have the meanings
assigned to them in the Contract.
IN WITNESS WHEREOF,the parties hereto have executed five copies of this First Amendment in Fort
Worth,Texas,on _day of A064"e , 2014.
T °v
CITY OF FORT WORTH UNIFIED FINE ARTS SERVICES,LLC
By: . By: a
Fernando Costa Victor Bissonette
Assistant City Manager Member
First Amendment to CSC 43743 4 of7
APPROVED AS TO FORM
AND LEGALITY:
E f
Tyler Wallach- "
Assistant City Attorney
ATTEST:
�Ate
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Mary J. I ay v�
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�F✓ O c {ir
City Secre"t"'
et,. y A a� �a�r ✓
Ouf1�0q00Uf>0 �''�¢,
M&Cs: G-17701,C-26776
Date: October 9, 2012; May 6, 2014
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First Amendment to CSC 43743 �t ITY SE
5 of7
TX
EXHIBIT"B"
Contractor's Proposal
thrilled Fine Arls,LLC
14105, lnwood Road U I F1 E D
Dallas.TX 75244-3918 F I N E A R T S
(214)678-9101
Estimate
Date Estimate No.
04/09/2014 2188
Exp,Date
Address
Fort Worth Public Arts Council
Jenniler Conn
1300 Gently St.
Fort Worth,'I X 76107 USA
Date Activity Quantity 1 Rate Amount
04/09/2014 Labor-oversce/assist with loading dcinstarlled and parcked sculpture pieces 8 140.00 1.120.00
onto I'lathed truck at Millennium park in Chicago 11... 1he artwork wit)
be deins(alled and Ittani and bubbled wrapped by Millennium Park
contractor and crane lifted to the flatbed truck. Crane rental provided by
contractor.
Tabachin"Ribbon"- 13'diameter
painted carbon steel
Sculpture is comprised ot'(4)independent sections bolted together to lbrill
a 13'sphere. 1 hive of the sections measure 27'x 4'x 9'10"and one
measures 9rx 9'x 3'. A steel base plate is welded to the base unit and
measures 510"dianicler. Fliejoincd artwork weighs approximately
6-9.000 lhs.
2 title zrrl handlers it)8 hours,
04/09/2014 Labor-deinstall.M'ap,prep and]oil(]sculpture elements for shipping. 9 140.00 1.120.00
2 line art handlers a�8 hours
04/09/2014 Labor-cleinstall,Wrap,prep and load sculpture elements for shipping. 9 140.00 1.120.00
2 title all handlers'tti 8 hours
04/09/2014 Flatbed transit from Chicago 11,to Unified Fine Ails III Dal las'[X. 1 5.350,00 5.350,00
04/09/2014 Round trip flight litr(2)title art handlers 1 1.500.00 1,500M0
04/09/2014 1 ravel labor-2 title art handlers inn 6 hours.to and Ironi Chicago 1 1,690.00 1,680.00
04/09/2014 Hotel accommodations for(2)line art handlers w'2 nights 1 840.00 840.00
04/09/2014 per Diem I*or(2)title art handlers ray 2 days 1 290.00 MOM
04/09f2014 Car rental lot-(2)days 1 450.00 450.00
0,1/09/201.1 Miscellaneous 1 50.00 50M0
Continue to the next page
First Amendment to CSC 43743 6of7
4
Ne<2 nr
t3at3 Activity G3 rfity Rate Arrwtart 11 1
U4f0912014 Receive milptum components into Unified Fins errs storage. 2 291)I X11 SO)AI a
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4 trot art handlers�;2 ouh
04+A/tin 4 labor-unload sculpture-6 fine art handler, hours
%rt_ 3 ! A20.1)t
h ) 1,261 IX)
04!tBJ 014 I§ora0.edstomge 1 LISLSO� 1151.50
04�Y19 UTAI\(mthly slomgefe I oli1? OS'O1713(S9$7/month) 1 I X92?frill i,922iN1
04,0920UMonihly stomgefcti tXi 01.13 OI d11rI4(S7sOlmonth) 1 fi,(HX)Id 60(X)100
�WA9�2014 Labor- yrtr
site coordination and pr ation with FWPAC staff. � R i 70.001 560'")
I toe art handler(r%$hot",
04,9:0,'2014 l{fabor-at a later date,load and secure the freshly painted sculpture I A.6__^Qlq 4,620 00
iseetiou onto a(lathed tractor trailer m the Roanoka'PX paim studio; I {
Itmm,,rl to installation site in Fort Worth TX. I
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16 fine art hrmdlera iYrl,10 hours {
041)9,,1o14 1(l)1100 lb reach fork-lift-for loading sculpture at studio 1 f 7$0.1X' 790)B)
(4,9,ro.;O 4 iFlatb.d vector tmil r for trmsit to installatmn sift In Fort Worth I i 0,A),Ixlf 60)d)0
0-1'+N�.OI A(Latror-the following day,install flit Donicnge sculpture on site in Fort 1 18511 )i 3,$50.1X1
AWonh TS
[ine art handlers!rt IUhours
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04Ari1 014 Crnre piratnr-(I)day usage 1 ?,UAI)Ix)) '?,O.gtl1N1
to 1 9 20 14!Maternis straps,Dartek cte for securing sculptures sections onto flatbed 1 35!!fXff
,tnc tn
iorll r !
t>aai19 014 Sub-ccmtmct d lalxx-tvtidar-(I j day of lahor I i f)r" tto1 IAXi(N'I
I"De 2014 Sirtei elo:wrts'ptmutcuaffic control 1 ?,400(X)1 2,4(X1.011
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First Amendment to CSC 43743 7 of 7
CITY COUNCTIGENDA FaRT' `ORr111
A
COUNCIL ACTION: Approved on 5/6/2014
CONTINUED FROM A PREVIOUS WEEK
DATE: 4/22/2014 REFERENCE C-26776 LOG NAME: 20TABACHIN RIBBON -
NO.: MULTIPLE AGREEMENTS
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of an Amendment to City Secretary Contract No. 43743, an
Agreement with Unified Fine Arts Services, LLC, for Transportation, Storage, Delivery,
and Installation of Tabachin Ribbon, in an Amount of$14,663.50 for a Total Revised
Contract Amount Not to Exceed $44,663.50, Authorize Execution of an Agreement with
the The Fain Group, Inc., to Oversee Site Preparation for Tabachin Ribbon in an Amount
Up to $41,624.70 and Provide for City Inspection Costs and Contingencies in an Amount
of$8,628.80 for a Total Project Cost in the Amount of$137,448.32 (COUNCIL DISTRICT
9)
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RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an amendment to City Secretary Contract Number 43743, an Agreement
with Unified Fine Arts Services, LLC for transportation, storage, delivery, and installation of Tabachin
Ribbon, for a total contract amount not to exceed $44,663.50; and
2. Authorize execution of an Agreement with The Fain Group, Inc., oversee site preparation for
Tabachin Ribbon in an amount up to $41,624.70.
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DISCUSSION: "
Approval of this Mayor and Council Communication authorizes an additional amount of up to
$34,917.00 from the Public Art Fund (Specially Funded Capital Projects Fund) to fund unanticipated
costs, including extended storage of the Artwork and site work necessary for installation, lighting, city
inspection and contingency, as recommended by the Fort Worth Art Commission on February 17,
2014 upon approval of the site design (attached.) r
ITEM PENDING M&C PREVIOUS M&C's TOTAL
Unified Fine Art $14,663.50 $30,000.00 $44,663.50
Services, LLC (G-17701) t
Transit, Storage and
Installation I
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The Fain Group, Inc. $11,624.70 $30,000.00 $41,624.70
Site Preparation, (G-17701)
Footing, Lighting
City Inspection, $8,628.80 $ 8,628.80
Contingency
Michael van Enter $36,700.00 $36.700.00
Paint Renovation (G-26284)
Unified Fine Art $5,831.32 $ 5,831.32
Services, LLC (No M&C Required)
Transportation to
Paint renovation site
TOTALS 1 $34,917.00 $102,531.32 $137,488.32
� I 1
On October 9, 2012, (M&C G-17701)the City Council authorized acceptance of an artwork donation
from artist Yvonne Domenge of a sculpture valued at $150,000.00 for inclusion into the Fort Worth
Public Art Collection and for placement at the Fort Worth Municipal Plaza, 1000 Throckmorton Street,
and authorized execution of necessary and related Agreements for transportation, storage,
installation, and lighting for a total amount not to exceed $60,000.00.
Tabachin Ribbon is a bright yellow, 13 foot diameter painted metal sculpture, one of six sculptures
commissioned for temporary exhibition in the City of Chicago's Millennium Park in 2010 and donated
to U.S. cities with significant collections of modern and contemporary art. Funding partners
CONACULTA (the National Council for the Arts and Culture, Mexico), the Boeing Company, and
Millennium Park, Inc., made the donation possible.
Site presentations were approved by Downtown Fort Worth, Inc. (August 18, 2012), the Downtown
Design Review Board (July 23, 2012) and the Historic and Cultural Landmarks Commission August
13, 2012).
Renovation to the sculpture's paint system is being accomplished through a conservation Agreement
with Michael van Enter authorized by Council on June 8, 2013 (M&C C-26284) and funded through
the FWPA Capital Conservation Fund.
This project is a City-wide project located in COUNCIL DISTRICT 9, Mapsco 77A, and supports the
urban design element of 2014 Comprehensive Plan.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Specially Funded Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C291 541200 201980199580 $38,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Martha Peters (298-3025)
ATTACHMENTS
Site flverla .pdf
tructure.pdf
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7/29/13 M&C Review
Official site of the City of FM worth,Texas
CITY COUNCILAGENDA FoRTWORTH
COUNCIL ACTION: Approved on 10/9/2012
DATE: 10/9/2012 REFERENCE G-1 7701 LOG NAME: 20DONATION OF TABBACHIN
NO.: RIBBON SCULPTURE
CODE: G TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Acceptance of an Artwork Donation from Artist Yvonne Domenge of a Sculpture
Valued at$150,000.00 for Inclusion into the Fort Worth Public Art Collection and for
Placement at the Fort Worth Municipal Plaza, 1000 Throckmorton Street, and Authorize
Execution of Necessary and Related Agreements for Transportation, Storage, Installation,
and Lighting of the Artwork for a Total Amount Not to Exceed $60,000.00 (COUNCIL
DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize acceptance of an artwork donation from Mexican artist Yvonne Domenge of a sculpture
valued at$150,000.00 for inclusion into the Fort Worth Public Art Collection and for placement at the
Fort Worth Municipal Plaza located at 1000 Throckmorton Street; and
2. Authorize execution of necessary and related Agreements for transportation, storage, installation,
and lighting of the artwork for a total amount not to exceed $60,000.00.
DISCUSSION:
Tabbachin Ribbon (Artwork) is a colorful, 13 feet diameter painted metal sculpture by internationally
recognized Mexican artist Yvonne Domenge (Artist). The Artwork is one of six sculptures
commissioned for the City of Chicago's Millennium Park 2010 temporary exhibitions program
sponsored by Mexico's CONACULTA(The National Council for the Arts and Culture), the Boeing
Company, and Millennium Park, Inc. The Artist and sponsors sought to donate the Artwork to a U.S.
organization with a significant collection of modern and contemporary art. In a November 17, 2011,
letter to Jodie Ulich, President of the Arts Council of Fort Worth and Tarrant County, Ed Uhlir, the
Executive Director of Millennium Park, reported that the donors wanted suitable permanent locations
where the public could enjoy the Artwork in a context that is inspiring and engaging, and to see the
sculptures placed in an environment that will benefit from their cultural and historical value.
Yvonne Domenge is distinguished as the second artist to have a solo temporary exhibition at
Millennium Park. Her work has been included in more than 40 one-person shows and nearly 200
group exhibitions in cities around the world. She was awarded a gold medal at the 2008 Olympic
Landscape Sculpture Design Contest in Beijing, China and was selected to represent Mexico for the
International Sculpture Biennale in Vancouver, British Columbia, Canada in 2009.
On March 7, 2012, a Gifts and Loans Review Panel appointed by the Fort Worth Art Commission
voted unanimously to recommend that the Art Commission pursue the donation. Recognizing that the
Artwork is of an appropriate scale and context and whose vibrant yellow color complements the
historic Fort Worth Public Safety Building, the Fort Worth Art Commission made a formal
recommendation on July 9, 2012 to accept the donation of the Artwork for inclusion into the Fort Worth
Piihlin Art('nllcrrfinn anrJ fnr n1nnamont of fhc (`ifir'e AAiinininal Plaza Inrrafnrl at 1nnO Thrnr-Irmnrtnn
vmw.fortvorthgov.org/council_packet/nic reuew.asp?ID=17504&councildate=10/9/2012 1/2
7/29113 M&C Reuew
1 UVIIV L VVIII.V LIVI l GlI lU IVI t../IG V1+1111 1 I CL Lllk- VILy J IVIUI IIVIt.. l 1 IULG IVVCALL. CL 1 VVV 1111 VVI\IIILJI LVI I
Street in close proximity to the Public Safety Building. The Art Commission also recommended that
the City expend an amount up to $60,000.00 for transportation, storage, installation, and lighting of the
Artwork. Presentations were made to the Downtown Urban Committee/DFWI (July 18, 2012), the
Downtown Design Review Board (July 23, 2012), and the Historic Cultural and Landmark
Commission (August 13, 2012). All bodies supported the City's acquisition of the Artwork and sitting it
in Municipal Plaza.
Approval of this Mayor and Council Communication will make it possible for the Artwork to be
transported to the metroplex and stored until site preparations are completed. The Fort Worth Art
Commission recommends the Public Art Fund of the Specially Funded Capital Projects to provide for
transit, storage, site preparation, installation, and lighting expenses.
The Artist will be invited to participate in the specific sitting of the Artwork, and FWPA staff will present
a proposal for the exact placement of the Artwork on the plaza to the Fort Worth Art Commission for
approval and will work with a professional engineer to design footings for City approval. Installation at
the new site will be scheduled for Fall/Winter 2012.
This project is a City-wide project located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available through the City's 2004
CIP Fund and City's Specially Funded Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C291 541200 201889990400 $60.000.00
Submitted for City Manager's Office by. Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Martha Peters (298-3025)
ATTACHMENTS
Tabbachin Ribbon Sculpture.doc
vm✓.fortvmrthgov.org/council_packettnic re\iew.asp?ID=17504&councildate=10/9/2012 212