HomeMy WebLinkAboutContract 45934-A1 � % 4 5678
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CITY SECRETAIOI
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CITY OF FORT W4
CITY StORIARY a
FIRST AMENDMENT TO CITY SECRETARY CONTRACT N0.45934
60 9 g 6 Z'-AGREEMENT BETWEEN THE CITY OF FORT WORTH AND NONSTOP,INC.,
FOR PRELIMINARY DESIGN OF PUBLIC ART FOR ROCKWOOD PARK
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45934 ("First
Amendment") is made and entered into by and between the City of Fort Worth, a home-rule municipal
corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and
Nonstop, Inc., a New York corporation, doing business in California, and located at 3816 Evans Street, Los
Angeles,CA, 90027, and acting by and through Mike Ross, its duly authorized CEO. City has designated the
Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract
Manager shall act through its designated Public Art project manager.
WHEREAS, on January 12, 2015, Artist made a presentation of his preliminary design to the Fort
Worth Art Commission(FWAC)for review and input;
WHEREAS, based upon comments from the FWAC, Artist has determined the need to consult with
a digital modeling engineer to produce a digital model of the preliminary design in order to determine the
overall scale for the Work possible within the budget; and
WHEREAS, it is the desire of the City to compensate the Artist for production of a digital model;
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.
In Article 2.1 "Scope of Services," add provision for artist to consult with a digital modeling
professional to produce a digital model. Article 2.1 is amended by adding subsection m to be and read as
follows:
"m. Artist shall consult with a digital modelling professional to produce a digital model to determine the
overall scale for the Work within the budget."
II.
In Article 2.3 "Preliminary Design Deliverables," add provision for artist to provide a digital model
of the preliminary design and revise the project budget accordingly. Article 2.3 is amended by replacing
subsections vi in its entirety and adding subsection vii to both be and read as follows:
OFFICIAL RECORD
"vi. Produce digital model of preliminary design.
CITY SECRETARY
FT.WORTH,TX
Amendment 1,Contract Number 45934,Agreement with Nonstop, Inc., for
Preliminary Design of Public Art for Rockwood Park
Execution Copy 7/7/15 1 of 3
vii. A preliminary budget estimate, on the budget form attached hereto as Exhibit "B," for
implementation of a final design of the Artwork in an amount not exceed FIFTY THOUSAND DOLLARS
AND NO CENTS ($50,000), reflecting total costs and inclusive of artist's fees, travel, materials (over and
above those donated by Gachman), labor of Artist and Assistant or Apprentice, engineering, fabrication,
lighting, transportation, construction, insurance, installation (including footing), remaining Artist's fee and
all associated costs for the Work."
III.
In Article 3 "Compensation and Payment Schedule," amend sections 3.1 "Compensation" and 3.2
"Payment Schedule" to allow for payments for digital modeling, engineering, and consulting. Article 3,
sections 3.1 and 3.2 are replaced in their entirety to read as follows:
"3.1. Compensation.
Total compensation to Artist under the Agreement in in an amount up to TEN THOUSAND DOLLARS
AND NO CENTS ($10,000.00), which shall constitute full compensation for any and all costs associated
with the Agreement, including, but not limited to, all consulting, engineering and travel expenses, and
services performed and materials furnished by Artist under this Agreement. Artist and City may amend this
Agreement to allow for additional payment if additional services are required.
3.2. Payment Schedule.
a. 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:
i. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) upon execution of this
Agreement.
ii. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) within thirty (30) calendar
days after Artist submits all of the Preliminary Design Deliverables required under Article
2.3 of this Agreement and makes an initial presentation of the Preliminary Design to the
FWAC.
iii. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) calendar
days after City's approval of the Preliminary Design.
iv. City may pay Artist up to ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) for
digital modeling, engineering, and consulting fees, and an administrative fee of twenty
percent (20%) to compensate the artist for additional work, in order to fulfill the terms
of this Agreement. Such payment shall be made upon receipt of an invoice from Artist with
Amendment 1,Contract Number 45934,Agreement with Nonstop, Inc., for
Preliminary Design of Public Art for Rockwood Park
Execution Copy 7/7/15 2 of 3
the original invoice. A retainer fee of up to fifty percent (50%) is allowed for such services
attached thereto."
IV.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the total
compensation paid to the Artist.
V.
All terms and conditions of the Agreement that are not expressly amended pursuant to this First
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed four copies of this First Amendment in Fort
Worth, Texas,this ly of 75-LA- 12015.
CITY OF FORT WORTH ARTIST
Fernando Costa Mike Ross, CEO
Assistant City Manager Nonstop, Inc.
Date: /3 !S Date: July 9, 2015
APPRO ED AS TO FORM AND LEGALITY:
Jessica Sa svang
Assistant City Attorney
�oRr,tiy
ATTESTED BY:
F—` ax
Ma J.
City Secretary rXp� OFFICIAL RECORD
M&C—No M&C Required CITY SECRETARY
FT. WORTH,TX
Amendment 1,Contract Number 45934,Agreement with Nonstop, Inc., for
Preliminary Design of Public Art for Rockwood Park
Execution Copy 7/7/15 3 of 3