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Home My WebLink AboutContract 44546-A3AD3 CITY SECRETAR'r CONTRACT MO„X50-AMD3 THIRD AMENDMENT AND THIRD ADDENDUM TO CITY SECRETARY CONTRACT NO.44546 This Third Amendment and Third Addendum to City Secretary Contract Number 44546 ("Agreement"), as previously amended and addended ("Third Amendment/Third Addendum") 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 McKay Lodge Fine Arts Conservation Laboratory, Inc. ("Conservator"), an Ohio Corporation, acting by and through Robert G. Lodge, its President. The City has designated the Arts Council of Fort Worth & Tarrant County, Inc., to manage this Agreement on its behalf. WHEREAS, on June 19, 2013, the City and Conservator entered into a professional services agreement whereby Conservator will provide general maintenance, conservation, and consultation to the City for the City's art collection, the same being City Secretary Contract (CSC) No. 44546; two amendments CSC 44546-A I and CSC 44546-A2; three renewals CSC 44546-A2, CSC 44546-R2 and CSC 44546-R3; and two addenda CSC 44546-ADI and CSC 44546-AD2; WHEREAS,the Contract sets forth that the Services to be provided shall be based on the annual Fort Worth Public Art work plan and on an as-needed basis in accordance with fully executed addenda; WHEREAS, under the original Agreement, Council approved an amount not to exceed $200,000.00 for the Term of the Agreement(M&C C-26283, dated June 4, 2013), and the City amended the compensation amount as part of the 1St Renewal to an annual amount of$60,000.00 to perform for the City on as as-needed basis through individual addenda; WHEREAS, ONE HUNDRED AND SEVENTY SIX THOUSAND, FOURTY EIGHT DOLLARS AND TWENTY FIVE CENTS ($176,048.25) remains unspent or unencumbered of the authorized amount of$200,000.00; WHEREAS, City wishes to amend the terms and compensation to allow for a condition assessment, and compensation for the subsequent cleaning of the historic tile murals on front facades of the Coliseum and Auditorium as recommended in Conservator's treatment proposal; WHEREAS, this addendum is intended to serve as such and sets forth the Services to be provided per the Contract in accordance with the terms therein; and WHEREAS, the City and Conservator wish to set out the Services to be provided per the Contract that will be specific to this addendum with the intent that further Services may be requested by the City through future addenda. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: �QR21 2019 OFFICIAL RECORD c`�o��oRiwoR CITY SECRETARY ��$ECRThird Amendment and Third Addendum to CSC 44546 Execution Copy 3/25/2019 FT. WORTH TXr I. The parties wish to revise Article 3 of the Agreement titled"Compensation,"previously amended in 44546-A2, to amend the compensation amount from$60,000.00 tc $120,000.00 to allow for additional services to be performed as follows: 1. In consideration of the Services to be performed hereiaiider by Conservator, City promises and agrees to pay Conservator an amount not to exceed ONE HUNDRED AND TWENTY THOUSAND DOLLARS ($120,000.00)("Compensation") during the initial term or renewal terms of the Agreement.Payment hereunder shall constitt►te full compensation for any and all costs associated with this Agreement, including, but not limited to, all Services performed and materials furnished by Conservator under this Agreement. The parties acknowledge that the Compensation is not a fixed fee but shall be made on an invoice basis for Services rendered in accordance with this Agreement; therefore, the City is not obligated to disburse the full amount of Compensation under this Agreement unless such payment complies with the terms herein. Conservator shall not perform an additional services 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 Conservator not specified by this Agreement unless the City first approves such expenses in writing." II. The parties wish to set out the Services as follows: 1. Conservator hereby agrees to provide the City professional condition assessment services for two (2) untitled tile murals owned by the City and sited. on the Coliseum and Auditorium at the Will Rogers Memorial Complex located at 3400 West Lancast9r,Fort Worth 76107, each represented in Exhibit "G" Artwork. The condition assessment will identify the potential conservation treatments and costs associated with conservation required so that the City may maintain the visual authenticity and physical integrity of the murals. Conservator's formal treatment report submitted at the completion of the condition assessment will allow City to engage the Conservator for necessary treatment through a subsequent addenda. 2. The condition assessment Services to be performed on the Artwork in this Third Addendum are set forth in the Conservator's Proposal Number'19035, which attached hereto as Exhibit "H" and incorporated herein for all purposes, and includes all labor, travel, and any other expenses required to complete the Services. 3. In consideration of the Services to be performed under this Third Addendum, the City agrees to pay the Contractor an amount up to Four Thousand Nine Hundred and Fifty Eight Dollars and No Cents ($4,958.00) including a contingency in the amount of Eight Hundred Dollars Third Amendment and Third Addendum to CSC 44546 Execution Copy 3/25/2019 2 of 6 and No Cents ($800.00) in accordance with the terms of Article 3 of the Agreement. Any amounts paid in this Third Addendum shall be credited towards the total amount paid under the Agreement,including any amendments or addenda. IN WITNESS WHEREOF,the parties he eto have exuted four copies of this Third Addendum in Fort Worth,Tarrant County,Texas,this�y of _ ,2019. CITY OF FORT WORTH MCKAY LODGE FINE ARTS CONSE N LABORATORY,INC. By: `�t Jesus J.Chapa Ro Zdgr-- Assistant City Manager President CONTRACT COMPLIANCE MANAGER: By signjng,j'NknQwledge that I am the person responsible for the storing and administration of this contract, inc ing ensuring all performance and reporting requirements. Jennife o n Public r ollection and Special Projects Manager f AP RO D AS O AN LEGALITY: Jessica S ' gsvang Senior A sistant City Attorney SORT 95,1V/A "' , Form 12__• � ®:•••.......... � ATTEST: U Vary Kaye City Secreta 4 M&C: M&C C-26283 dated June 4,2013 OFFICIAL RECORD CITY SECRETARY "r FT. WORTH,T Third Amendment and Third Addendum to CSC 44546 Execution Copy 3/25/2019 3 orA Exhibit G ARTWORK �_ . i- Kms*' . . , -, r . ♦ T- + +'� � Y'*1�• r�IF,10- y - 111 FWT M MIME ttil� ,i,+tni� Mural • x Auditorium Mural A Third Amendment and Third Addendum to CSC 44546 Execution Copy 3/25/2019 4 of 6 and No Cents ($800.00) in accordance with the terms �f Article 3 of the Agreement. Any amounts paid in this Third Addendum shall be credited towards the total amount paid under the Agreement, including any amendments or addenda. IN WITNESS WHEREOF,the parties hereto have executed four copies of this Third Addendum in Fort Worth,Tarrant County,Texas,this day of 1 $ 2019. CITY OF FORT WORTH MCKAY LOrNLABORATORY, ARTS CONSERVA INC. By: By: Jesus J.Chapa Robert G.Lodge Assistant City Manager President CONTRACT COMPLIANCE MANAGER: By signing,I acknowledge that I am the person r ponsible for the monitoring and administration of this co tract, including ensuring all performance and repo 'ng requirements. Jennifer Conn Public Art Collection and Specia rojects Manager APPROVED AS TO FO AND LEGALITY: Jessica Sangsvang Senior Assistant City ttorney Form 1295:N/A ATTEST: Mary J. ayser City Secretary M&C: M&C C-26283 dated June 4,2013 Third Amendment and Third Addendum to CSC 44546 Execution Copy 3/25/2019 3 of 6 Exhibit H CONSERVATOR'S PROPOSAL McKay Lodge Fine Arts MCKAY LODGE CONSERVATION PROPOSAL Conservation Laboratory,Inc. Oberlin,OH 44074 LABORATORY E-Mail: mckaylodge@gmail.com PROarr.vrE s u-nr:Tt: ET OPERE PRAL-IT,tucs DATE PROPOSAL NO. 3/11/2019 1%35 _ Proposals are firm price proposals and the TOTAL shown will be the billed amount BILLING NAME unless otherwise stated in the description. Circumstances that can affect the cost ofthe City of Fort Worth TRADITIONAL INDUSTRIAL project such as discoveries of unforseen c/o Arts Council of Forth Worth ARTS ARTS conditions will be reported as soon as and Tarrarrt Co.,Inc. discovered and any associated additional 1300 Gandy Street charges will be negotiated. Fort Worth Texas 76107 MONUMENTAL Proposal prices are valid for 90 days unless ARTS otherwise indicated. PROJECT NO. PROJECT RECORD NAME 19035 19035 Assess Coliseum Tile Murals ARTIST OR PROJECT IDENTIFICATION 1 TITLE OR PROJECT IDENTIFICATION 2 DEADLINE Assess WRMC Coliseum Auditorium Tile Mrals GOV.CONTRACT NO. GOV.ORDER/TASK NO. TASK CITY TASK STATE Fort Worth TX DESCRIPTION QTY RATE TOTAL SCHEDULE It is anticipated that the assessment will take one day per mural,unless conditions found arc so good that both murals can be assessed in one day.If serious conditions are found that require a large amount to document,additional days may be needed. If lift availability must be pirated to a specific date known in advance,the assessment should be scheduled before the work on the two Cattle Bam murals commeneces(March 25 and 26)or within that week of March 25 because the length of tine the Cattle Bam work shall extend is uncertain. UNIT PRICE Price per man/day: Conservator 8 115.00 920,OOT Accommodations allowance l 149.00 149.00 Hotel tax allowance 1 149.00 149.00 M&I:meals and incidentals I 65.00 65.00 UNIT PRICE TOTAL 1,283.00 MESSAGE: TOTAL Page 2 Third Amendment and Third Addendum to CSC 44546 Execution Copy 3/25/2019 5 of 6 McKay Lodge Fine Arts MCK"LODGE CONSERVATIG, PROPOSAL Consarvatbn Laborabory,Inc. Oberlin,OH 44074 LABORATORY E-Mail: mckaylodge@gmail.com raoarrATESAeONM LTo1'exci'nAt_r.3O+us DATE PROPOSAL NO. f p 3/11/2019 I'•i;:,s<. Proposals are firm price proposals and the TOTAL shown will be the billed amount BILLING NAME unkas otherwise Aided in the description. Circumstances that am affect the cost of the City of Fort Worth TRADITIONAL INDUSTRIAL ict such as discoveries o unfqseen do Arts Council of Forth Worth ARTS ARTS PrW conditions will be repeated as soon as and Tarrant Co.,Inc. dwooviered and any associated additional 1300 Ge*Street chneswill benegotisted. Fort Worth,Texas 76107 MONUMENTAL Proposal pias are valid flx 90 days ualeas ARTS otherwise indicated. PROJECT NO. PROJECT RECORD NAME 19035 Assess Coliseum Tile Murals ARTIST OR PROJECT IDENTIFICATION 1 TITLE OR PROJECT IDENTIFICATION 2 DEADLINE Assess WRMC Coliseum Auditorium Tile Mals GOV.CONTRACT NO. GOV.ORDERITASK NO. TASK CITY TASK STATE Fort Worth TX DESCRIPTION QTY RATE TOTAL REPORTING Formal report,sp edicaflons for repairs,organized In W dommertation,and advice 2- 115.00 2,875.00 Sales tax applicable to imImovement of tangible persond property. 0.00 O.00T Tax Exempt Organization 0.00 0.00 MESSAGE: TOTAL x4,158.00 Page 3 Third Amendment and Third Addendum to CSC 44546 Execution Copy 3/25/2019 6 of 6