HomeMy WebLinkAboutContract 53002-A1 CITY SECRETARY
CONTRACT NO. .530O P-d
FIRST AMENDMENT TO CITY SECRETARY
CONTRACT NO. 53002 A PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND ESSENTIAL LIGHT DESIGN STUDIO, LLC FOR
IMPLEMENTATION OF A MOCKUP FOR PUBLIC ARTWORK IMPROVEMENTS
This First Amendment of City Secretary Contract No. 53002 ("First Amendment") is by
and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of
Texas, acting by and through its duly authorized Assistant City Manager and Essential Light
Design Studio, LLC, a Limited Liability Company ("the "Contractor"). The City has designated
the Arts Council of Fort Worth &Tarrant County, Inc. to manage this Agreement on its behalf.
WHEREAS, on October 28, 2019, the City and Contactor entered into a professional
services agreement to provide professional lighting assessment, design, and budget planning
services for technical upgrades to a public artwork titled Avenue of Light by Cliff Garten Studio
("Artist");
WHEREAS, Contractor has preliminarily reviewed the condition of artwork's functional
components and met with City, Downtown Fort Worth, Inc. and Fort Worth Public Art staff;
WHEREAS, stakeholders expressed an understanding of the issues related to lighting the
sculptures and an interest in improving the artwork's nighttime visual experience;
WHEREAS, Contractor has identified various lighting improvements intended to impact
the efficiency and quality of light, including an option to add an interior fritted light tube;
WHEREAS, Contractor has discussed her preliminary recommendations with the Artist
and Artist is willing to consider additional integral components if a lighting mockup proves that
lighting can be enhanced without impacting the ethereal nature of the artwork;
WHEREAS, City desires to amend the compensation terms to allow Contractor to
facilitate a lighting mockup;
WHEREAS, City and Contractor agree that no changes or modifications will be made to
the artwork without the express written consent of the Artist;
WHEREAS, it is the collective desire of both City and Contractor to amend the
Agreement to allow for additional services.
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the
Parties agree to amend the Agreement as follows:
First Amendment to Fort Worth City Secretary Contract No. 53002 OFFICIAL RECORD
CITY SECRETW
FT. WORTH,TX
I.
Revise Section 3 "Compensation" of the Agreement to amend the compensation amount.
Section 3 is hereby amended, in whole, to read as follows:
"The City shall pay Contractor an amount not to exceed THIRTY THREE
THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($33,250.00) in
accordance with the provisions of this Agreement and its exhibits. The amount under this section
shall not obligate City to pay the full amount and shall not be construed as a guaranteed amount
payable to Contractor. Payment from the City to the Contractor shall be made on an invoice
basis following receipt of a signed invoice with adequate deliverables provided at submission of
invoice, all in form acceptable to the City. Contractor shall not perform any additional services
for the City not specified by this Agreement unless the City requests and approves in writing the
additional costs for such services. The City shall not be liable for any additional expenses of
Contractor not specified by this Agreement unless the City first approves such expenses in
writing. If any conflict exists between Exhibit B and Exhibit C, the terms of Exhibit C shall
control."
II.
Revise Exhibit C Section La "Compensation" of the Agreement to amend the
compensation amount. Exhibit C Section Ea is hereby amended, in whole, to read as follows:
"Total compensation to Contractor under the Agreement shall be in an amount
up to THIRTY THREE THOUSAND TWO HUNDRED FIFTY
DOLLARS AND NO CENTS ($33,250.00) which shall constitute full
compensation for any and all costs associated with the Agreement, including,
but not limited to engineering and consulting, design and construction
documents and all other services performed and materials furnished by
Contractor under this Agreement. Contractor and City may amend this
Agreement to allow for additional payment if additional services are
required."
III.
Revise Exhibit C Section 2. "Payment Schedule" of the Agreement to amend the
compensation amount. Exhibit C Section La is hereby amended, in whole, to read as follows:
Upon receipt of invoice, City agrees to pay Contractor 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:
First Amendment to Fort Worth City Secretary Contract No.53002
2 of 2
a. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) within
thirty (30) calendar days after Contractor submits the Condition Assessment
and Understood Stakeholder's Expectations Report for Avenue of Light as
required under Section 1.3. of this Agreement to Contract Manager.
b. EIGHT THOUSAND TWO HUNDRED AND FIFTY ($8,250.00) within
thirty (30) calendar days after Contractor provides a mockup for various
lighting recommendations as approved by the Contract Manager and on a date
and time mutually agreed upon by Contractor and City
c. SEVEN THOUSAND DOLLARS AND NO CENTS ($7,000.00) within
thirty (30) calendar days after Contractor makes a presentation(s) of the
Contractor's Plan to the FWAC and Project Stakeholders. Contractor shall
submit the Contractor's Plan to Contract Manager for review at least two
weeks in advance of the scheduled FWAC meeting.
d. TWELVE THOUSAND DOLLARS AND NO CENTS ($12,000.00) within
thirty-five (35) days after receipt by City and approval of the Final Updated
Lighting Design/Construction Documents and Final Implementation Budget.
e. The total compensation in Section 3 includes payment for post-Document
submission for up to three phone or in-person meetings with Project
Stakeholders to discuss, review, and make comment on any documents or
plans for future landscaping implementation, in an amount up to TWO
THOUSAND DOLLARS AND NO CENTS ($2,000.00).
IV.
Add Exhibit A to this First Amendment,the "Mockup Proposal," to the Contractor's
scope of work included in Exhibit B of the Agreement.
All other terms, provisions, conditions, covenants and recitals of said Agreement not expressly
amended herein shall remain in full force and effect.
[signature page follows]
First Amendment to Fort Worth City Secretary Contract No. 53002
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ACCEPTED AND AGREED:
CITY OF FORT WORTH ESSENTIAL LIGHT DESIGN STUDIO,
LLC
Fernando Costa Jill Mores
Assistant City Manager Authorized Agent
Date: GLS L.2•Z• Date:
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.
Jennifer Conn,Pr'blic Art Collection Manager
Arts Council of Fort Worth&Tarrant County, Inc.
APPROVED AS TO FORM AND LEGALITY:
By:
Matthew Murray
Assistant City Attorney
ATTEST: : " 4° ,i , �{�
By: Mfays d�
City Secretary �"� lA,
Contract Authorization:
Form 1295: Not required
No M&C required. Ordinance No. 24161-04-2020
First Amendment to Fort Worth City Secretary Contract No. 53002
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
ACCEPTED AND AGREED:
CITY OF FORT WORTH ESSENTIAL LIGHT DESIGN STUDIO,
:CLLC
Fernando Costa Jill Mores
Assistant City Manager Authorized Agent
Date: Date: 3 2 2
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible
for the monitoring anoadministration of this contract,including
ensuring all per ce and reporting requirements.
Jennifer(" nn,P blic Art Collection Manager
Arts Coun it o ort Worth &Tarrant County, Inc.
APPROVED/AS TO FORM AND LEGALITY:
By:
Matthew Murray
Assistant City Attorney
ATTEST:
By:
Mary J. Kayser
City Secretary
Contract Authorization:
Form 1295: Not required
No M&C required. Ordinance No. 24161-04-2020
First Amendment to Fort Worth City Secretary Contract No. 53002
OFFIRI RECORD
CITY SECRETA Y
FT lAf®RTH6 Tit
EXHIBIT "A"
essential light
V4 pf, design studio
Essential Light Design Studio,LLC Cost Estimate
4104 Sperry Street 14 April 2020
Dallas,Texas 75214
Project— Client—
FW Avenue of Light,Relighting City of Fort Worth
Addition of Mock-Up 200 Texas Street
to main contract Fart Worth,TX 76102-011
Attn:Ms.Jenny Cam
Scope of Work
Pursuant to conference call of 11 March 2020 with Jemy Conn,Martha Peters and ai f Garten,
to include the addition of a Mock-Up to the man contract This include s:sketch drawings for
mock-up placement of fixhrres and measures to conveniently move fixtures around site to test
various parameters discussed;specification of the fixture options to be considered;procurement
of the specified failure options(these should be able to be procured at no cost to the City,ELDS
to confirm);acquisition of film and/or frilted plastic gel material to insert into the center portion of
the sculpture(as best as possible)during the mock-up to test the fritted/frosted tube idea at a
very basic level.An alternate fee has been provid ed to also work with a local manufacturer to
obtain the fittedffrosted tube for insertion into one of the adjacent sculptures for the Mock-Up.
This tube may have a cast to produce.A quote will be obtained and provided to the City for
approval to move ahead with this portion of the mock-up.Also,a tall lift or crane w6 be required
to insert this tube(once confirmation is provided that the tap of the sculpture matches the
bottom and is,in fact,open to the air at the top_)Above mock-up to take place over one
evennginght If additional eveningsMghts are requested,this will require an additional service_
Fee Requested
$6,000(per work listed above)
$8250 Altemafiw fee to include the tMed/frosted tube during the mock-up(note the above
alternative fees have been provided as the artist initially requested the testing of just the
supplemental lighting option.However,it may make sense to review all options considered
during one visit of all interested parties_)
per
Jg IQores,Essential Light Design Studio,LLC,Partner/Member
EssuAW Light Deagn Studio-Wok Auwadim6m Requed-FW Averaa!d Ugld Una-Up-Page 1
First Amendment to Fort Worth City Secretary Contract No.53002
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