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HomeMy WebLinkAboutContract 57735-A1CSC No. 57735-A1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 57735 BETWEEN THE CITY OF FORT WORTH AND LEGGE LEWIS LEGGE LLC FOR PRELIMINARY DESIGN OF THE HERITAGE PARK PUBLIC ART PROJECT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 57735 is entered into by and between the City of Fort Worth (the "City"), a home -rule municipal corporation of the State of Texas, acting by and through Jessica McEachern, its duly authorized Assistant City Manager, and Legge Lewis Legge LLC ("Artist"), a Texas limited liability company located at 4005 Idlewild Road, Austin, TX 78731, acting by and through Murray Legge, its duly authorized Member. City has designated the Arts Council of Fort Worth and Tarrant County, Inc. d/b/a Arts Fort Worth (the "Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, on June 28, 2022, the City entered into a contract with Artist for Preliminary Design of the Heritage Park Public Art Project (Fort Worth City Secretary Contract No. 57735 or the "Agreement"); WHEREAS, in the process of developing the preliminary design, and in discussions with Project Co -Manager, Artist has determined that an on -site mockup to demonstrate the interactive component of the design, as well as the size and specific location of the Artwork relative to the future Canopy Walk, will provide important information to assist members of the Fort Worth Art Commission and project stakeholders in their review of the preliminary design; WHEREAS, Artist does not intend to utilize the previously allotted engineering consultation allowance during the preliminary design phase, and the amount of that allowance would cover the costs of the mockup and on -site demonstration; and WHEREAS, it is the desire of the City to amend Article 2 to include an on -site mockup demonstration as part of Artist's scope of work, and to amend Article 3.2. to change the purpose of the allowance from engineering consultation to an on -site mockup demonstration, and to amend Articles 1 and 12 to update City staff names; NOW, THEREFORE, City and Artist, for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: I. Article 1, "Definitions," subsection 1.11 of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following: 1.11. Project Co -Managers - Means and includes Melissa Konur, Downtown Fort Worth Initiatives, Inc., and Scott Penn, Park and Recreation Department, City of Fort Worth. First Amendment to City Secretary Contract No. 57735 Execution Copy OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX II. Article 2, "Scope of Services and Deliverables," subsection 2.1.h., is hereby amended by deleting it in its entirety and replacing it with the following: h. Artist shall present the Preliminary Design to the FWAC for joint review with the Project Core Team, Project Stakeholders, and the appropriate City staff, at a regularly scheduled FWAC meeting with a date and time mutually agreed upon. Either prior to or after said presentation to the FWAC, depending upon weather conditions, Artist shall present an on -site mockup demonstration of the interactive component of the design, as well as the size and specific location of the Artwork relative to the future Canopy Walk. It is anticipated that the FWAC will consider approval of Artist's Preliminary Design at a subsequent FWAC meeting. Upon approval, the Preliminary Design may be shared with City's Park and Recreation Advisory Board and other City boards or commissions, and others, as appropriate. The dates for such meeting shall be mutually agreed upon by Contract Manager and Artist. Article 2, "Scope of Services and Deliverables," subsection 2.4.a., is hereby amended by deleting it in its entirety and replacing it with the following: a. Upon completion and submission of the Preliminary Design Deliverables and acceptance by Contract Manager, and following an on -site mockup demonstration with a date and time mutually agreed upon, Artist shall present the Preliminary Design to the FWAC for joint review with the Project Core Team, Project Stakeholders, and appropriate City staff, at a regularly scheduled FWAC meeting. It is anticipated that the FWAC will consider approval of Artist's Preliminary Design at a subsequent FWAC meeting. Upon approval, the Artist's Preliminary Design may subsequently be shared with the City's Park and Recreation Advisory Board and other City boards or commissions, as appropriate. IV. Article 3, "Compensation and Payment Schedule," subsections 3.1, "Compensation," and 3.2, "Payment Schedule," are hereby amended by deleting both in their entirety and replacing them with the following: First Amendment to City Secretary Contract No. 57735 Execution Copy 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount up to FORTY-ONE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($41,500.00) which shall constitute full compensation for any and all costs associated with the Agreement, including, but not limited to, mockup fabrication, and demonstration expenses, travel (see Section 2.1.i.), an Artist's fee of THIRTY-TWO THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($32,500.00), and all other services performed and materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 3.2. Pavment 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. THREE THOUSAND DOLLARS AND NO CENTS ($3.000.00) 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 or Project Stakeholders to gather input prior to Preliminary Design development. iii. FIVE THOUSAND DOLLARS AND NO CENTS ($5.000.00) within thirty (30) calendar days after Artist submits Draft Preliminary Design Deliverables required under Article 2.3.b. of this Agreement for internal review and comment by Contract Manager, Project Co - Managers, and Project Consultant. iv. 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.a. of this Agreement. v. SEVEN THOUSAND DOLLARS AND NO CENTS ($7,000.00) within thirty (30) calendar days after Artist makes an in -person presentation(s) of the Preliminary Design to the FWAC, Project Stakeholders and appropriate City staff, and presents an on -site mockup demonstration. vi. SEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($7.500.00) within thirty (30) calendar days after City's approval of the Preliminary Design. vii. An allowance for mockup fabrication and demonstration expenses of up to FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00), as needed. Such payment First Amendment to City Secretary Contract No. 57735 Execution Copy shall be made upon receipt of an invoice from Artist with copies of receipts for labor and materials attached after the mockup demonstration has occurred. viii. A travel allowance of up to FIVE THOUSAND DOLLARS AND NO CENTS 65.000.00) for a minimum of two (2) trips by the artist team, conducted together or separately, including reasonable airfare and/or mileage, and for lodging and per diem expenses in amounts recommended by the General Services Administration (GSA) for Fort Worth, Texas. Such trips shall be for the purpose of conducting site visits, conducting research, and making in - person Fort Worth Art Commission meeting, or other project related purpose. V. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation paid to the Artist. LTA Article 12, "Notices," is hereby amended by deleting it in its entirety and replacing it with the following: ARTICLE 12 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH Jesica McEachern, Assistant City Manager City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: Leann D. Guzman, City Attorney Office of the City Attorney City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 First Amendment to City Secretary Contract No. 57735 Execution Copy Martha Peters, Director of Public Art Arts Fort Worth 1300 Gendy Street Fort Worth, Texas 76107 2. ARTIST Murray Legge, Member Legge Lewis Legge LLC 4005 Idlewild Road Austin, Texas 78731 All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. VIII. This Amendment may be executed in multiple counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, of a signature shall be treated as and shall have the same effect as an original. (Signature Page Follows) First Amendment to City Secretary Contract No. 57735 Execution Copy IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in multiples. CITY OF FORT WORTH by: (9' Jesica McEachern Assistant City Manager Date: Dec 10, 2024 RECOMMENDED BY: Midori Clark, Library Director CONTRACT COMPLIANCE MANAGER ARTIST: LEGGE LEWIS LEGGE LLC by: "'�? Murray Legge Member Date: Dec 05, 2024 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. �i�G2sp� Name: Martha Peters, Arts Fort Worth Title: Director of Public Art APPROVED AS TO FORM AND LEGALITY: Trey Qualls, Assistant City Attorney p04�EoRrn°p 0 g ° •10 ATTESTED BY: aa�� � .ems nEoa544a Janette Goodall City Secretary Contract Authorization: Form 1295: Not Applicable No M&C required. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to City Secretary Contract No. 57735 Execution Copy