HomeMy WebLinkAboutContract 53002-A2CITY SECRETARY
C0NTRACT NO . ~~-.;__+.Ju.L.'
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COND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT CIT
CRETARY CONTRACT NO. 53002 A PROFESSIONAL SERVICES AGREEME 1
BETWEEN THE CITY OF FORT WORTH AND ESSENTIAL LIGHT DESIGN
STUDIO, LLC FOR IMPLEMENTATION OF A MOCKUP FOR PUBLIC ARTWO
IMPROVEMENTS
This Second Amendment of City Secretary Contract No. 53002 ("Second Amendment") s by
and between the City of Fort Worth ("City"), a home-rule municipal corporation of the St~fe of
Texas, acting by and through its duly authorized Assistant City Manager and Essential 4 ight
Design Studio , LLC, a Limited Liability Company ("the "Contractor"). The City has desi1ated
the Arts Council of Fort Worth & Tarrant County, Inc. to manage this Agreement on its beh f.
WHEREAS, on October 28 , 2020, the City and Contactor entered into a profess anal
services agreement (City Secretary Contract # 53002) for Contractor to provide profess·onal
lighting assessment, design , and budget planning services for technical upgrades to a p blic
artwork titled Avenue of Light by the Artist, Cliff Garten Studio ("Agreement");
WHEREAS, on June 5, 2020, the City amended the Agreement (City Secretary Con ract
# 53002-Al) to increase the total amount of compensation available and to allow fo the
implementation of an initial mockup of a proposed lighting design ("First Amendment") ich
was subsequently performed by Contractor on July 30 , 2020;
WHEREAS , under the First Amendment's scope of work, the Contractor was to pro ide
a "mock up" of the proposed design to the City including an
fritted /frosted tubes that would be inserted into one of the sculptures;
WHEREAS, the City no longer wishes for Contractor to pursue the option of the int , rior
fritted tube because of prohibitive alterations to the sculpture and instead requests Contra 1 tor,
through this Second Amendment, to provide a second mockup which will includ all
recommended stand-alone and integrated fixtures as proposed by Contractor showing lig ting
from both sides of a single sculpture ;
WHEREAS, additionally, the City desires to amend the compensation section o the
Agreement to allow for an additional amount of up to Eight Thousand and Four Hundred Do Jars
and No Cents ($8 ,400.00) to be added to the Agreement so that the Contractor may facilitat the
second lighting mockup ; I
WHEREAS, it is the collective desire of both City and Contractor to amend the
Agreement to allow for these additional services .
Seco nd Amendment to Fort Worth C ity Secretary Contract No . 53002
OFFICIAL RE ~~·~/
CITY SECR ~Tb . 6'f ,
FT. WORTH TX
I • I
NOW THEREFORE, in consideration of the mutual covenants herein expressed the
Parties agree to amend the Agreement as follows:
I.
The Agreement is hereby amended by deleting Section 3 "Compensation" o the
Agreement in its entirety and replacing it with the following:
3. COMPENSATION.
"The City shall pay Contractor an amount not to exceed FORTY-ONE
THOUSAND SIX HUNDRED AND FIFTY DOLLARS AND NO CENTS
($41,650.00) 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 Second approves such expenses in writing. If any conflict exists
between Exhibit B and Exhibit C, the terms of Exhibit C, as amended , shall
control.
II.
EXHIBIT B, "UPDATED LIGHTING DESIGN AND IMPLEMENTATION BUD ET
FOR A VENUE OF LIGHT REQUEST FOR QUALIFICATIONS (RFQ) (EXCERPTED (as
amended) of the Agreement is hereby amended further by adding Exhibit A to this Se ond
Amendment, "ADDITIONAL SCOPE OF SERVICES" in its entirety.
III.
EXHIBIT C, "COMPENSATION AND PA YEMENT SCHEDULE" of the Agreeme t is
hereby deleted in its entirety and replaced with Exhibit B to this Second Amendment.
IV.
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)
Second Amendment to Fort Worth City Secretary Co ntr ac t No . 53002 -Execution Copy
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ACCEPTED AND AGREED:
CITY OF FORT WORTH
By:7 ~1~L
Fernando Costa
Assistant City Manager
ESSENT
LLC
Authorized Agent
Date: 4 /7/2021 ---'--I-,----+-,-------Date: \o tA:~ 'Zo2-J\
CONTRACT COMPLIANCE MANAGER
By signing, I acknowledge that I am the person responsible
for the monitorin administration of this contract, including
ensuring all oanance and reporting requirements.
Je . ublic Art Collection Manager
Art ort Worth & Tarrant County, Inc .
By:~~~Cd,;..:........'.:::~=--=---
Thomas Royce Hansen
Assistant City Attorney
By:,___-~ ........................ -----
Mary J. Kays r
City Secretary
Contract Authorization:
Form 1295: --------
M&C: NIA
Date Approved : _____ _
Second Amendment to Fort Worth City Secretary Contract No . 53002 -Execution Copy
OFFICIAL RD
CITY SECRE RY
FT. WORTH4 TX
,
EX HIBIT "A"
ADDITIONAL SC OPE O F SER VI CES
~,~.
C essential light
~,~• design studio
Essential Light Design studio, LLC
4104 Sperry Street
Dalas, Texas 75214
Ptqect-
FW Avenue of Light, RIHighmg
Additim of Mock-Up #2
to main cmtract
Scope of Worlc
Cost Estimate
26 August 2020 -updated 11 Sep 2020
Oient-
aty of Fort \Nor1h
200 Texas street
Fort Worth, TX 76102~11
Atln: Ms. Jemy Cmn
SUbseq.lent to first mock-up and per re(Jlest from Jenny Cam to indude the additim of a
seccnd Mock-Up to the main cmtracl This mock-up to be a closer apprmimatial to the ill
instalatial, IISSIQ fixtures deemed best dumg mock-up #1. This includes coordinatial for the
procurement of the specified fixtures sJd payment to the cmbol operator for time prior to the
mock-up to wire, test, sJd address al light fixtures, lolln of cmtrol gear, sJd time at the mock-
up. Above mock-up to take place Ollef me evening. If additional evenings/nights are recJle5led ,
this wil re(Jlire SI additimal !lefVice.
Fee Req,ested
$6,000 (per work listed above)
$2,400 (aritrds persoonel)
$8,400 total
per
JI Klores, Essential Light Design studio, LLC, Partner/Member
E9Nnlal l.qlt De9ign Stucio -V'«xt AulhmizJrliDn Request -PN Avmue d l.igN Mod:-Up"/12. -Paga 1
Seco nd A me ndm e nt to Fo rt Wo rth Cit y Sec ret ary Co ntrac t No. 53 00 2 -E xhibit A
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EXHIBITB
COMPENSATION AND PAYMENT SCHEDULE
1. Compensation.
a. Total compensation to Contractor under the Agreement shall be in an amount to
FORTY ONE THOUSAND SIX HUNDRED AND FIFTY DOLLARS AND NO
CENTS ($41,650.00) which shall constitute full compensation for any and all osts
associated with the Agreement, including, but not limited to engineering and consu1fing,
design and construction documents and all other services performed and mate rials
furnished by Contractor under this Agreement. Contractor and City may amend this
Agreement to allow for additional payment if additional services are required.
b. Contractor will bill City for Equipment, materials , any other supplies, and shippin and
handling ( collectively "Items ") ordered by Contractor at the actual rate for the It ms.
Contractor will not bill City for tax pursuant to Contractor's use of Exhibit Das out ined
in this Agreement.
c. Any additional expenses not outlined in this Agreement or exhibits incurre by
Contractor must be approved in writing by Contract Manager before being added t the
invoice submitted to the City upon completion of services under this Agreement.
d. Compensation for all of Contractor's services performed pursuant to this Agreement hall
be made on an invoice basis.
e. Contractor shall submit a signed invoice to the City's Contract manager for pay ent
under this Agreement within fifteen (15) days of completing services under this
Agreement and included any necessary receipts.
f. City shall compensate Contractor in full in thirty (30) days or less after recei~t of
Contractor's final invoice and all deliverables. I
2. Payment Schedule.
Upon receipt of invoice , City agrees to pay Contractor in the following insta llments set 'orth
below, each installment to represent full and final, non-refundable payment for all services
and materials provided prior to the due date thereof:
a. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) within thirty (30) caler dar
da ys after Contractor submits the Condition Assessment and Understood Stak:eholder's
Second Amendment to Fort Worth Ci ty Secretary Co ntract No. 53002 -Exhibit B
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b. Expectations Report for Avenue of Lig ht a s required under Section 1.3 . of this Agreem nt to
Contract Manager.
c . EIGHT THOUSAND TWO HUNDRED AND FIFTY {$8,250.00) within thirty (30)
calendar days after Contractor provides a mockup for various li ghting recommendatio s as
approved by the Contract Manag er and on a date a nd time mutually agreed upo by
Contractor and City
d. EIGHT THOUSAND FOUR DOLLARS AND NO CENTS $8 400.00 within thir 30
calendar day s after Contractor provides the second m ockup for li ghti n g recommend ions
shown on both sides of the sculpture as approved by the Contract Manager and on a dat and
time mutually agreed upon by Contractor a nd C ity
e . 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 F AC
and Project Stakeholders. Contractor shall submit the Contractor 's Plan to Contract Ma ager
for review at least two weeks in advan ce of the scheduled FW AC meeting.
f. TWELVE THOUSAND DOLLARS AND NO CENTS {$12,000.00) within thirty-fiv (35)
days after receipt by City and approval of the F in al U pdated Lighting Design/Constr tion
Documents and F inal Impl ementation Budget.
g . The total compensation in Section 3 in c ludes payment for post-Document s ubmi ssion fi, r up
to three phone or in-person meetings with Project Stakeho ld ers to discuss , review, and ake
comment on any documents or plans for future landscaping implementation, in an amount up
to TWO THOU SAND DOLLARS AND NO CENTS {$2,000.00).
Second Amendment to Fort Worth City Secretary Contract No. 53002 -Exhibit B
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