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Home My WebLink AboutContract 53841-A2 dr A 7' ti ..5391fl-} - SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 53841 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND GORDON HUETHER+PARTNERS,INC.FOR PRELIMINARY DESIGN FOR SOUTH PATROL DIVISION PUBLIC ART PROJECT This SECOND AMENDMENT TO THE CITY SECRETARY CONTRACT NO. 53841 ("Second Amendment') is made and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas (City), acting by and through Fernando Costa, its duly authorized Assistant City Manager,and Gordon Huether+Partners, Inc., a California corporation, located at 1821 Monticello Road, Napa, California, 94558 (Artist). 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 April 24,2020,the City and Artist entered into City Secretary Contract No.53 84 1, an agreement for preliminary design of public art for the South Patrol Division("Agreement'); WHEREAS, on September 24, 2020, the contract was amended (CSC# 53841-A1) to adjust the scope of travel and compensation; due to the global COVID-19 pandemic, since Artist was unable to complete anticipated travel as stated in the original Agreement(Section 2.Lk); WHEREAS, on November 16, 2020, Artist presented his Preliminary Design to the Fort Worth Art Commission(FWAC)who postponed action due to concerns about the design; WHEREAS, on December 14, 2020, the Fort Worth Art Commission (FWAC) voted against approval of the Preliminary Design as presented by Artist on November 16, 2020; WHEREAS, in accordance with the Agreement, City has formally requested Artist to prepare a Revised Preliminary Design; WHEREAS, currently the Agreement states that if a Revised Preliminary Design is requested by the City,the Artist will have thirty(30) days to prepare and present those revisions to the City; WHEREAS,the City has requested that the Artist meet with City officials prior to development of revisions and would like to extend the deadline to submit the Revised Preliminary Design to sixty(6 _rr days from the date in which the Artist has met with City officials; and f � 2q� 1V Second Amendment to Fort Worth City Secretary Contract No.53841-A2 cuton Co-- ) C ( 11 �1AL RECORD CV `{ W F Cc('CCC15E�� Gi a�,��I ntRa �9 WHEREAS, the parties would like to now amend the Agreement to (i) add the definition of "Revised Preliminary Design"to Article 1, "Definitions"; (ii)update"Article 2.1 Scope of Services'; (iii) update "Article 2.3. Preliminary Design Deliverables'; (iv) update "Article 2.4. Preliminary Design Review"; and(v)revise"Article 3.2 Payment Schedule". NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, amend the Agreement through this Amendment as follows: I. Article 1 "DEFINITIONS"is hereby amended by adding section 1.15 "Revised Preliminary Design"as follows: 1.15 Revised Preliminary Design—means a modification or modifications of the Preliminary Design originally presented by Artist made in response to input from the Art Commission and stakeholders; however, it does not mean a completely new design. II. Article 2. "Scope of Services and Deliverables"is hereby amended by adding additional subsections (2.1.m. and 2.1.n.), as follows: in. In the event a Revised Preliminary Design is requested by City, Artist shall meet with City officials and others as deemed necessary by City, via a virtual teleconference meeting platform designated by City, with a date and time mutually agreed upon by the parties. n. Artist shall present the Revised Preliminary Design to FWAC at a regularly scheduled FWAC meeting as soon as possible after the City's receipt of the required Revised Preliminary Design Deliverables. Second Amendment to Fort Worth City Secretary Contract No. 53841 (Execution Copy) 2 of 5 III. Section 2.3 "Preliminary Design Deliverables"is hereby amended by adding an additional subsection(2.3.c.), as follows: c.In the event that a Revised Preliminary Design has been requested by the City,the Revised Preliminary Design Deliverables shall include the items listed in subsection 2.3.a.i.-iv of this Agreement and shall be submitted to the Contract Manager within sixty(60)days from date of Artists meeting with City officials to discuss any revisions. Any deliverables that have not changed as a result of the Revised Preliminary Design may be resubmitted. IV. Section 2.4"Preliminary Design Review"is hereby amended by deleting subsection 2.4.d. in its entirety and replacing it with the following: d. Artist shall have sixty (60) calendar days from the date of Artist's meeting with City Officials to discuss the Revised Preliminary Designs. V. Section 3.2. "Payment Schedule"in the Agreement is hereby deleted in its entirety and replaced with the following: 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. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) within thirty (30) calendar-+days upon execution of this Agreement. ii. FOUR THOUSAND DOLLARS AND NO CENTS($4,000.00)after Artist meets with Project Core Team and other stakeholders to gather input prior to Preliminary Design development and after Artist has logged a minimum of 16 hours with the Fort Worth Police Department. iii. SIX THOUSAND DOLLARS AND NO CENTS($6,000.00)within thirty(30)calendar days after Artist submits all Preliminary Design Deliverables required under Article 2.3 of Second Amendment to Fort Worth City Secretary Contract No. 53841 (Execution Copy) 3 of 5 this Agreement and makes a presentation(s) of the Preliminary Design to the FWAC, the Project Core Team, and other Project Stakeholders. iv. FOUR THOUSAND SEVEN HUNDRED THIRTY DOLLARS AND NO CENTS ($4,730.00)within thirty(30)calendar days after City's receipt of the Revised Preliminary Design deliverables as required under Article 2.3.c. of this Agreement V. An engineering allowance of up to TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00)for preliminary consultation as needed. Such payment shall be made for actual services rendered only and upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50%is allowed)for such services attached. vi. ONE THOUSAND NINE HUNDRED TWENTY-TWO DOLLARS AND NO CENTS ($2,192.00) within thirty (30) calendar days after the City's approval of the Revised Preliminary Design. VI. Funds previously paid to Artist prior to this Second Amendment shall apply towards the total compensation paid to Artist. VII. All other terms, provisions, conditions, covenants and recitals of said Agreement not expressly amended herein shall remain in full force and effect. (Signature Page to Follow) Second Amendment to Fort Worth City Secretary Contract No. 53841 (Execution Copy) 4 of 5 IN WITNESS WHEREOF'. the parties hereto have executed this Amendmcnt in Fort Woilti. Tarrant County,Texas.this lemA( day of rei—!7,2021, CITY OF FORT WORTH ARTIST By: ,f..- 13y: 1 Fernando Costa Gordon Hucthe Assistant City Maim ger Gordon Huct 1 Parmcrs,Inc. CONTRACT COMPLIANCY MANAGER Fay signing,I acknowledge that 1 am the pcas-on responsible for the monitoring and administration of this contract,including ensuring all Ferfornmce and reporting requirements. Alidu Labbe Public Art Project and Capital Budget Manager APPROVED AS TO FORM AND LEGALITY: >3y: ,rbonm Roycc Hansen A..ssL�itmnt City Attorney 'r ATTEST- By: fW' Mary J.Ryser city SetTetary Contract Authorization: NA 0�WR ROAD MOD RU ll C10T'? SECRETARY I Ft Wo,mm,79 Smund Amrndmoir tv tart Worth City Secretary Conwic:t No.53941 (F:xcimlicm Copy", 5 of 5