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HomeMy WebLinkAboutContract 50931-A2 CITY SECRETARY CMITRACT NO. ,�3 1— SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 50931 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JTK STUDIOS, LLC AND SP STUDIO, LLC FOR A PROJE,CTION MAPPING PROJECT PLAN AND PROPOSAL FOR PIONEER TOWER This SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 50931 ("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, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and JTK Studios, LLC, located at 616 Haines Avenue, Dallas, TX, 75208, and SP Studio, LLC, located at 1410 Sullivan Drive, Dallas, TX, 75215. 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,Consultants were placed under Projection Mapping Project Plan and Proposal Agreement (Fort Worth City Secretary Contract No. 50931, executed June 29, 2018), which was later amended (Fort Worth City Secretary Contract No. 50931-A 1,executed January 2, 2019)("Agreement"); WHEREAS,Consultants have co-facilitated Project Core Team meetings to discuss aspirations for the creative content of the Pioneer Tower Iconic Public Art Project and the selection of a qualified new media curator to recommend specific artists for the inaugural projection mapping project and presentation; WHEREAS,the City desires to add to their scope of work to:(1)Make recommendations on all aspects of planning and executing the inaugural projection mapping event; (2)Advise the Curatorial Consultant and selected artists to develop conceptual proposals for presentation to the Fort Worth Art Commission and Project Core Team in early 2020; and,(3)Provide expertise and information to support the design and installation of art infrastructure for the Pioneer Tower Iconic Public Art Project,which is currently underway; NOW,THEREFORE, City and Consultants for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows: I. Section 2.1. "Scope of Services,"subsection(a) is hereby amended to add the following; • "Consultants shall test the art infrastructure upon completion of installation by others to confirm it will F, support the equipment necessary for presentation of projection mapping videos" R�CEI\IEI. ' "Consultants shall provide guidance and technical coordination assistance to the Curatorial Consultant APR 2 8 2020 and Selected Artists during the development of their conceptual proposals for presentation to the Fort CITY OF FORT\r�iOG, Worth Art Commission and Project Core Team" — CIV SECRLTIV, ^ PFFoc ,\L[RECORD Agreement Between the City of Fort Worth and JTK Studios,LLC and SP Studio LLC ,57—v 'SEcCRETAR For Projection Mapping Proposal and Plan for Pioneer Tower,Amendment#2 FT WORTK 7K I of 4 • "Consultants shall develop a plan and budget for an expanded cultural event, with the projection mapping project as the focal point and supporting exhibition, including layout and site plan, and recommended goals for marketing and advertising, in collaboration with Contract Manager". H. Section 2.2."Project Plan Deliverables"is amended to add the following_ "a.iv. Written report confirming that art infrastructure will support the equipment necessary for presentation of projection mapping videos." "a.v. Narrative description and/or visual presentation of a proposed plan and budget for an expanded event, with the projection mapping project as the focal point,including layout and site plan, as well as marketing and advertising strategy." III. Section 3.1. "Fee"is hereby deleted and replaced with the following_ "The City shall pay the Consultants a fee in the amount of up to FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($47,500.00), which shall constitute full compensation for all services and materials to be performed and furnished by the Consultants under this Agreement,inclusive of all travel expenses and includes an allowance of up to TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) for overall project contingencies, including equipment rental, insurance, and management associated with the 3D scan project. All parties agree that payments under this Agreement shall be made to JTK Studios,LLC,who shall be responsible for remitting to SP Studio,LLC,any fees or other expenses. City shall not be liable to SP Studio, LLC, for any payments under this Agreement. The fee shall be paid in the following installments, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. Two Thousand Dollars and No Cents ($2,000.00) upon execution of this Agreement, recognizing that Consultants have already invested time and expense in preliminary coordination with the City. b. Four Thousand,Two Hundred Fifty Dollars and No Cents($4,250.00)upon execution of this First Amendment to commence with the Pioneer Tower 3D Scan and proof of general liability insurance. c. Four Thousand,Two Hundred Fifty Dollars and No Cents($4,250.00)within thirty(30)days after Consultant delivers the Pioneer Tower 3D Scan in digital formats described in Section 2.1. Agreement Between the City or Fort Worth and JTK Studios,LLC and SP Studio LLC For Projection Mapping Proposal and Plan for Pioneer Tower,Amendment#2 2 of 4 d. Five Thousand Dollars and No Cents ($5,000.00) within thirty (30) days after Consultants submit a Draft Pioneer Tower Iconic Public Art Project Plan and Proposal document to Contract Manager for internal review. e. Five Thousand Dollars and No Cents ($5,000.00) within thirty (30) days after Consultants submit the Final Pioneer Tower Public Art Project Plan and Proposal and makes presentation(s)to the FWAC and project stakeholders. f. Eleven Thousand Dollars and No Cents ($11,000.001 within thirty (30) days after receipt of invoice after Curatorial Consultant's presentation of Artists' Conceptual Proposals and Consultants' presentation the Pioneer Tower Public Art Project Budget, excluding an Expanded Event to the FWAC and project stakeholders. g. Six Thousand Dollars and No Cents($6,000.00)within thirty days(30)days after Consultants submits to Contract Manager,an Expanded Event Plan, including layout and budget,with the projection mapping project as the focal point, developed in collaboration with Contract Manager, and after City's acceptance of the Final Pioneer Tower Public Art Project Plan, including the Expanded Event Plan and report on art infrastructure. h. An allowance of up to TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00)is available for the following: (1) City may pay Consultants for costs that are incurred by Consultants due to changes in scope of work;and,(2)City may pay consultants for costs that are incurred by Consultants for equipment rental,insurance,and management costs associated with the 3D scan project; and, (3) City may pay consultants for costs that are incurred by Consultants for equipment rental and management costs associated with the review of the art infrastructure installation on site. Such payment will be made upon (i)receipt of supporting documentation by the Contract Manager from the Consultants, and (ii) approval by the Contract Manager of the additional costs. N. Funds previously paid to Consultants prior to this Second Amendment(specifically, payments 3.La. —3.Le. and$5,000.00 in contingency)shall apply toward the total compensation paid to Consultants. 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, and any undefined terms in this First Amendment shall have the meaning provided in the Agreement Agreement Between the City of Fort Worth and JTK Studios,LLC and SP Studio LLC For Projection Mapping Proposal and Plan for Pioneer Tower,Amendment#2 3 of 4 IN WITNESS WHEREOF,the parties hereto have executed four copies of this Second Amendment in Fort Worth,Texas,to be effective this 28,IfC day of ,4,,,,;/ ;2020("Second Amendment Effective Date"). CITY OF FOIRT WORTH CONSULTANT—JTK STUDIOS, LLC Fernando C sta Jos a tng,Owner Assistant City Manager CONSUL T PS ,L Shane P nington,Owner 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. Name: Martha M. Peters Title:Director of Public Art,Arts Council of Fort Worth APPROVED AS TO FORM AND LEGALITY: Matthew Murray Assistant City Attorney I No M&C required. Ordinance No. 24161-04-2020 Form 1295: N/A ATTESTED PY: 5��' 01. ry I KayseV ' City Secretary =` ! No M&C Required ;� L� EG� �G elf Agreement Between the City of Fort Worth and JTK Studios,LLC and SP Studio LLC For Projection Mapping Proposal and Plan for Pioneer Tower,Amendment#2 4 of 4