HomeMy WebLinkAboutContract 36320-A1 CITY SECRETARY
CONTRACT NO. 3 0 3 ZO - A
FIRST AMENDMENT TO CITY SECRETARY
CONTRACT NO.36320
WHEREAS, on December 4, 2007, the City of Fort Worth ("City") and Ned Kahn d/b/a
Ned Kahn Studios ("Artist") entered into City Secretary Contract No. 36320 (the "Contract") as
authorized by City Council (M&C C-22361) on September 4, 2007, and the City designated the
Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager;
WHEREAS, under the Contract, Artist began the process of developing conceptual
designs for the Central City Bridges in collaboration/coordination with project consultant Turner
Collie & Braden, Inc., in association with Bing Thom and ARUP as the City's project
consultants;
WHEREAS, the project's name, City's Project Consultants, and the conceptual design of
the bridges have changed;
WHEREAS,the project is now referred to as the Trinity River Vision Bridges;
WHEREAS, Artist has been asked to work with Freese & Nichols, Rosales + Partners
Transportation Design, and Corven Engineering, the new Project Consultants, and develop a new
conceptual design for the redesigned bridges;
WHEREAS, Artist has been asked to increase his scope of work in order to provide a
prototype mockup demonstration of this new conceptual design; and
WHEREAS, it is the mutual desire of City and Artist to amend the Contract to correct the
names of the project and the project consultants and to amend Artist's scope of work for an
additional fee, including travel expenses;
NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth,
Texas 76102, acting by and through Fernando Costa, its duly authorized Assistant City Manager,
and Artist, acting by and through Ned Kahn d/b/a Ned Kahn Studios, whose address is 11650
Graton Road, Sebastopol, CA 954772, do hereby agree as follows:
I.
i tie. This section is amended to be read as follows:
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND NED KAHN d/b/a NED KAHN STUDIOS
FOR CONCEPTUAL DESIGN OF PUBLIC ARTWORK
FOR THE TRINITY RIVER VISION BRIDGES
OFFICIAL RrpCORR 0 P01 : 01
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CITY SECRETARY
CONTRACT AMENDMENT#1 FT. WORTH, TX Page i
Ned Kahn d/b/a Ned Kahn Studios(Trinity River Vision Bridges)
II.
Preamble. Paragraph 6 (page 2) is amended to be read as follows:
WHEREAS, the FWAC has recommended that Artist, as recommended by the appointed
artist selection panel, be retained to develop a conceptual design for public artwork to be
incorporated into one, two, or all three bridges in collaboration with Freese & Nichols, Rosales
+ Partners Transportation Design, and Corven Engineering (collectively, the "Project
Consultants"); and,
III.
1.1 Scope of Services. This Section is amended to add and be read as follows:
a. Artist shall develop an integral conceptual design for a work of public art for one,
two, or all three of the Trinity River Vision Bridges, as hereinafter defined, in a
timely manner in collaboration with City's designated project consultants that is
feasible both in terms of budget and construction methods (the "Work"). In addition,
Artist shall provide a prototype mockup demonstration of the Work for review by the
Project Consultants, city officials, community stakeholders, and the FWAC.
b. Artist shall attend and participate in design team meetings as required. Required
meetings include:
1. Two (2) separate trips to Vancouver, B.C., Canada, to engage in design
team meetings with the Project Consultants at the offices of Bing Thom
Architects at mutually agreed upon dates; and,
2. One (1) trip to Fort Worth, Texas, USA, to do site research, participate in
design team meetings with the Project Consultants and make public
presentations to the Trinity River Vision Bridges Community Advisory
Committee on June 28, 2010;
3. One (1) trip to Fort Worth, Texas, USA, for a design team meeting and to
present a prototype mockup demonstration of Artist's conceptual design to
the Project Consultants, city officials, community stakeholder, and the
FWAC at a site to be determined and at a date and time mutually agreed
upon between Artist and City; and
OFFICIAL RECORD
CITY SECRETARY
CONTRACT AMENDMENT#1 FT. WORTH, TX Page 2
Ned Kahn d/b/a Ned Kahn Studios(Trinity River Vision Bridges)
4. One (1) trip to Fort Worth, Texas, USA, to make a final conceptual design
presentation to community stakeholders and the FWAC at one of its
regular monthly meetings.
IV.
1.2.a.i-ii. Deliverables and Public Art Director Responsibility. This Section is amended to be
read as follows:
a. Artist shall perform the services and furnish all supplies, materials, and equipment
necessary in a timely manner to complete the Work and provide the following
deliverables ("Deliverables") to City at a mutually agreed upon date prior to the
public presentations outlined in 1.Lb (above) for City approval:
i. Sketches, mockups, technical and budget information, or any other
information as may be reasonably requested by the Project
Consultants in order to incorporate Artist's conceptual design into
drawings, renderings, models, etc., being prepared to the Project
Consultants for public presentation. These deliverables shall be
forwarded to the Project Consultants c% Freese & Nichols in a
timely fashion.
ii. High resolution digital conceptual design renderings and digital
images and video of prototype mockup demonstration.
V.
Section 2.1. Fixed Fee. This Section is amended to be read as follows:
City shall pay Artist a fee not to exceed FORTY-NINE THOUSAND FIVE HUNDRED
DOLLAS AND NO CENTS ($49,500.00) (the "Fee"), which includes a fixed Artist's Fee of
FORTY-SIX THOUSAND DOLLARS AND NO CENTS ($46,000.00) (the "Artist's Fee")
inclusive of prototype design and fabrication, incidental costs, and all travel expenses and an
amount not to exceed THREE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
($3,500.00) for costs associated with transportation and set up of a prototype mockup
demonstration in Fort Worth, Texas (the"Mockup Demonstration Costs"), which shall constitute
full compensation for all services and materials to be performed and furnished by Artist under
this Agreement, including, but not limited to,the Mockup Demonstration Costs.
OFFICIAL RECORID
CITY SECRETiARY
CONTRACT AMENDMENT#1 F'� �ORI�y rX Page 3
Ned Kahn d/b/a Ned Kahn Studios(Trinity River Vision Bridges) A H X
The Fee shall be paid in the following installments, expressed as portions of the Artist's Fee,
each installment to represent full and final, non-refundable payment for all services and materials
provided prior to the due date thereof.
a. Ten Thousand Five Hundred Dollars and No Cents ($10,500) within thirty (30)
days of the execution of this Agreement, recognizing that Artist has already
invested time and expense in preliminary design team coordination with City and
its consultants.
b. Eleven Thousand Dollars and No Cents ($11,000) within thirty (30) days after
Artist meets with project consultants and Trinity River Vision Community
Advisory Committee in Fort Worth, TX, to introduce his conceptual design
approach.
c. Twenty Thousand Dollars and No Cents ($20,000) within thirty (30) days after
Artist submits Deliverables, as required in Section 1.2.a.i.— iv. of this Agreement
and makes the presentation to the Steering Committee and the FWAC as required
in Section l.l.b.iii.-iv. of this Agreement.
d. Four Thousand Five Hundred Dollars and No Cents ($4,500) within thirty (30)
days after Artist participates in the final design team meeting and provides any
additional information reasonably requested by City or its Project Consultants that
may be needed to complete the conceptual design phase for the Trinity River
Vision Bridges project.
The Mockup Demonstration Costs stated above shall be paid to Artist for costs associated with
transportation and set up of the prototype mockup demonstration in Fort Worth, Texas, to fulfill
the terms of the Agreement. Such payment shall be made upon receipt of an invoice from Artist
with the original invoice for such services attached.
Funds previously paid to the Artist prior to this amendment shall apply toward the total Artist's
Fee.
All other terms and conditions of City Secretary Contract No. 36320 not amended herein
remain unaffected and in full force and effect, are binding upon the pa.�-ties, and are hereby
ratified by the parties.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CONTRACT AMENDMENT#t Page 4
Ned Kahn d/b/a Ned Kahn Studios(Trinity River Vision Bridges)
IN WITNESS HEREOF, the parties hereto have executed four copies of this contract
amendment in Fort Worth,Texas,this \sue day of AooLro-be-r , 2010.
ATTEST: CITY OF FORT WORTH
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City Secretary o°� ���,ernando Costa
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APPROVED AS TO FORM AN4?,_ Y•
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Ned Kahn d/b/a Ned Kahn Studios
ERECORD CRETARY TH, TX
CONTRACT AMENDMENT N1 Page 5
Ned Kahn d/b/a Ned Kahn Studios(Trinity River Vision Bridges)