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Home My WebLink AboutContract 50931-A3�. 1 � F.: , {/ 1 IL�Ir�� P�/�,Y - 5 2021 CITYDFFORTWpRTH r��,., �r,,,��rr u�r , ��a �� ! ��i �1f ��T�a�°� ��. y50� l �-� THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 50931 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JTK STUDIOS, LLC AND SP STUDIO, LLC FOR A PROJECTION MAPPING PROJECT PLAN AND PROPOSAL FOR PIONEER TOWER This THIRD AMENDMENT TO CITY SECRETARY CONTRACT NO. 50931 ("Third Ainendment") 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 tlu•ough 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 Ai-ts Council of Fort Worth and Tai-��ant County, Inc., to manage this Agreement on its behal£ The Contract Manager shall act through its designated Public Art project manager. WIIEREAS, Consultants were placed under Projection Mapping Pi•oject Plan and Proposal Agreement (Fort Worth City Secretaiy Contract No. 50931, executed June 29, 2018), which was amended (Fort Worth City Secretary Contract No. 50931-A1, executed January 2, 2019 and Fort Worth City Secretary Contract No. 50931-A2, executed April 28, 2020) ("Agreement") both adding additional services to the Agreement along with the associated fees for those new services; WIlEREAS, 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; WHERAS, Consultants have provided 3D scan of Pioneer Tower and have conducted a test of the Art Infi•astructure that was installed at the Will Rogers Memorial Center based on their specifications; and WHEREAS, the City desires to once again add to their scope of work to: (1) Conduct a test of the proposed projection equipment and set-up locations to ensure that the new media artworks created by Artists are presented in the best possible way, including meeting brightness expectations. NOW, THEREFORE, City and Consultants for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agi•ee as follows: I. Section 2.1. "Scope of Services," subsection (a) of the Agi•eement is hereby amended to add the followin� • "Consultants shall test the proposed projection equipment and deterinine optimal setup locations on all four (4) sides of Pioneer Towei• in preparation of the premiere of Artists' new media artworks scheduled for August 20-21, 2021 and shall invite the Curatorial__ ___. ._- -_ _-.--- Agreement Bet�veen the City ofFort Worth and JTK Studios, LLC and SP Studio LLC � l'_�t=�� -��' For Projection Mapping Proposal and Plan for Pioneer Tower, Amendment #3 ,� • t :c. , - � •' Consultant, Artists and Contract Manager to provide feedback based on viewing the test in-person or remotely. • Consultants shall provide a written report of the test, including the proposed layout and budget for the premiere presentation." II. Section 2.2. "Project Plan Delivei•ables" of the A�•eement is herebv amended to add the followin� a.vi. Written report on projection equipment test, including setup layout and budget for the premiere presentation of artworks by Artist Refik Anadol and Quayola. III. Section 3.1. "Fee" of the A�reement is hereby deleted in its entir•ety and replaced with the followin� "The City shall pay the Consultants a fee in the amount of up to EIGHTY-SIX THOUSAND SEVEN HUNDRED THIRTY-SEVEN DOLLARS AND NO CENTS ($86,737.00), 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, as well as equipment rental for the infi•astructure test; and, labor, security and/or materials associated with the projection equipment test. All parties agree that payments undet• 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 seivices 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 pi•eliminai•y coordination with the City. Agreement Beriveen the City of Fort Worth and JTK Studios, LLC and SP Shidio LLC For Projection Mapping Proposal and Plan for Pioneer To�ver, Amendment #3 2 of 4 b. Foui• Thousand, Two Hundred Fiftv Dollat•s 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 Dollai•s and No Cents ($4,250.00� within thirty (30) days after Consultant delivers the Pioneer Tower 3D Scan in digital foi•mats described in Section 2.1. d. Five Thousand Dollais and No Cents ($5,000.00) within thirty (30) days after Consultants submit a Draft Pioneer Tower Iconic Public Art Pr�oject Plan and Proposal document to Contract Manager for internal review. e. Five Thousand Dollars and No Cents ($5,000.00) within thirty (30) days after Consultants submit the Final Pioneer Tower Public Art Project Plan and Proposal and makes presentation(s) to the FWAC and project stakeholdeis. £ Eleven Thousand Dollars and No Cents ($ ll,000.00) within thirty (30) days after receipt of invoice after Cui•atorial Consultant's presentation of Artists' Conceptual Proposals and Consultants' pi•esentation 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 thir-ty days (30) days after Consultants submits to Contract Managei•, 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 Ai-t 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 incui-�•ed by Consultants due to changes in scope of work; and, (2) City may pay consultants for costs that ai•e incurred by Consultants for equipment rental, insurance, and management costs associated with the 3D scan project; (3) City may pay consultants for costs that are incurred by Consultants for equipment rental and management costs associated with the r•eview of the art infi•astructure installation on site; and, (4) City may pay Consultants for costs incurred by Consultants for equipment rental, security and/or materials for the equipment test being conducted under this Ainendment #3. Such payment will be made upon (i) receipt of supporting documentation by the Contract Manager fi�om the Consultants, and (ii) approval by the Contract Manager of the additional costs. i. Thirty-Five Thousand Three Hundred Twenty-Five Dollais and No Cents ($35,325.00) upon execution of this Thii•d Amendinent, recognizing that Consultants have Agreement Behveen the City of Fort Worth and JTK Studios, LLC and SP Studio LLC For Projection Mapping Proposal and Plan for Pioneer Tower, Amendment #3 3 of 4 ah•eady invested time and expense in preliminaiy coordivation of the equipment test with the City and to secure equipment rentals and labor for the equipment test. j. Three Thousand Nine Hundred Twelve Dollars and No Cents ($3,912.00) within thirty days (30) days after completion of the equipment test and Consultants submits to Contract Manager, a written report including the premiere event layout and revised budget and after City's acceptance of such report. IV. Funds previously paid to Consultants prior to this Third Amendment (specifically, payments 3.l .a. — 3.1.f. and $5,000.00 in contingency) shall apply toward the total compensation paid to Consultants. V. All terms and conditions of the Agreement that ar•e not expressly amended pursuant to this Third Amendment shall remain in full force and effect, and any undefined terms in this Third Amendment shall have the meaning provided in the Agreeinent (Signatan�es on Followii7g Page) Agreement Behveen the City of Fort Worth and JTK Studios, LLC and SP Studio LLC For Projection Mapping Proposal and Plan for Pioneer Tower, Amendmeut #3 4 of 4 Signature: � �� JOshuaKing(Apr22, 2109:A6CDT� Email: joshua@dallasaurora.com Signature: sh he Pehnin fon ShanePennington(Apr b,2021ll:04CDT) Email: shane@dallasaurora.com IN WI1'NESS WHEREOF, the parties hei•eto have executed four copies of this Second Amendment in Fort Wol-th, Texas, to be effective this .S{� day of MdU , 2021 ("Third Amendment Effective Date"). CITY OF FORT WORTH CONSULTANT — JTK STUDIOS, LLC Joshua King Fernando Costa Assistant City Manager Joshua King, Owner CONSULTANT — SP STUDIO, LLC Shane Pennington Shane Pennington, Owner CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitor•ing and administration of this contract, including ensuring all performance and reporting requirements. Martha M. Peters Name: Martha M. Peters Title: Director of Public Art, Arts Council of Fort Worth APPROVED AS TO FORM AND LEGALITY: Form 1295: N/A � �h �Vlai� J. Kayser City Secretary ��.�� ; ..,,, ��•. i�'.. `; �� ; :� �� ` '�•4•�J•,�y�.,.�y� • �• 's.� • 7,�•l4� , No M&C required. Ordinance No. 24161-04-2020 Agreement Beriveen the Ciry of Fort Worth and JTK Studios, LLC and SP Studio LLC For Projection Mapping Proposal and Plan for Pioneer To�ver, Amendment #3 ��A-Yl`.�t1�i11'=. Lb�I�F�lfe� ��`�`l ��.�,�� F� �f��`„��G-, �-�:; , �: ➢ , -_ -`Sof4 Assistant City Attorney � `'� %'-yi -7 Signature: �,� �=��--- �" ��% -� Email: mpeters@artscouncilfw.org Signature: Email: Fernando.Costa@fortworthtexas.gov Signature: Email: thomas.hansen@fortworthtexas.gov Signature: Email: Mary.Kayser@fortworthtexas.gov