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HomeMy WebLinkAboutContract 45461-A1 MOTRACT NO FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.45461 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JIM HIRSCHFIELD AND SONYA ISHII,LLC FOR PRELIMINARY DESIGN OF PUBLIC ART FOR EAST ROSEDALE ROUNDABOUT (HWY 287-MILLER) This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45461 ("First 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 its duly authorized Assistant City Manager, and Jim Hirschfield and Sonya Ishii, LLC, a North Carolina limited liability company, located at 312 Ridgecrest Drive, Chapel Hill,North Carolina, 27514, acting by and through its duly authorized Member, James N. Hirschfield. WHEREAS, the City has set aside funds to commission public art/design enhancements in conjunction with the East Rosedale improvement project (from Highway 287 to Miller Avenue, in Council District 8) that is included in the Public Art Plan for the 2004 Capital Improvement Program, adopted by the Fort Worth City Council on May 17,2005 (M&C G-14801); WHEREAS, the Project was included in the Fiscal Year 2015 Annual Work Plan and Budget, adopted by the Fort Worth City Council on October 14, 2014 as (M&C C-27031) as part of the City's agreement with the Contract Manager for administration of the public art program; WHEREAS, on March 27, 2014, the City and Artist made and entered into City Secretary Contract No. 45461,an agreement to develop a Preliminary Design for artwork at the Site("Agreement"); WHEREAS, on November 10, 2014, the Artist presented a Preliminary Design to project stakeholders for input and to the FWAC for approval; WHEREAS, during the November 10, 2014, FWAC meeting, a key stakeholder expressed concern that the Preliminary Design was not appropriate for the architectural context of the area, which includes the Texas Wesleyan University (TWU) campus, and requested that the FWAC postpone approval of the Preliminary Design until more of the community has the opportunity to view the design and provide input; and the FWAC voted to continue its decision of whether to approve the Preliminary Design until such time as the design could be seen by more members of the community; WHEREAS, at a subsequent meeting,key stakeholders requested a second preliminary design be developed that would address the aforementioned concern, and that both the first and the second preliminary designs be presented to a large cross-section of the community for input, prior to FWAC approving either design; WHEREAS, the FWAC at its meeting of December 8, 2014, requested that the Artist meet with key stakeholders and develop a second Preliminary Design that responds to the architectural context of TWU, which will be presented to the community along with Artist's first Preliminary Design, and Artist agreed to do so; WHEREAS, as required under the Agreement, Artist is exploring lighting for the Preliminary Design and will explore lighting for the second Preliminary Design, and the Agreement needs to be modified to allow for payment of a lighting design consultant in addition to engineers; 1 WHEREAS, this First Amendment is being executed to amend the Artist's scope of work and I increase the compensation under the Agreement; OFFIC71EFirst Amendment to CSC 45461 CITYRECEfVE0 JAN 2 9 PM, 1 of 5 Execution Copy 1/15/15 , __tea- NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and agreements contained herein, do mutually covenant and agree that the Agreement is amended as follows: I. The parties wish to amend Article 2, "Scope of Services," Section 2.1, "General" by deleting subsection (n)and replacing it to read as follows: "(n) Artist shall make a minimum of four trips to Fort Worth, Texas for meetings and presentations as necessary under this Agreement. Additional trips, if required per this Agreement, may be negotiated and agreed upon in writing by City and Artist." II. The parties wish to amend Article 2, "Scope of Services," Section 2.1, "General"by adding the following subsections to read as follows: "(o) Artist will create a second Preliminary Design to address concerns of a stakeholder expressed at a FWAC meeting. (p) Prior to commencing work on the second Preliminary Design, Artist shall meet with and seek input from key project stakeholders, including representatives of TWU and the Council Member. (q) In response to key stakeholder's input, Artist shall develop a second Preliminary Design that responds to the architectural context of the TWU campus and the surrounding area. (r) Artist shall present the second Preliminary Design to key stakeholders for feedback in advance of presenting the second Preliminary Design to the FWAC. (s) After consulting with key stakeholders, Artist shall present the second Preliminary Design to the FWAC for input. (t) Once the FWAC has offered input, Artist shall present both Preliminary Designs to a large cross- section of the community for input. (u) Upon receiving input from the community on both Preliminary Designs, Artist will present both designs to the FWAC for approval of one of the designs." III. The Parties agree that the Preliminary Design Deliverables outlined in Section 2.3. of the Agreement are applicable to the first Preliminary Design. IV. The parties wish to amend Article 2,"Scope of Services,"by adding Section 2.3.1.to read as follows: "2.3.1. Second Preliminary Design Deliverables (a) Within three(3)months after the execution of this First Amendment,Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in First Amendment to CSC 45461 2 of 5 Execution Copy 1/15/15 Subsections 2.1.(o)-(u) of the Agreement added by this First Amendment. Second Preliminary Design Deliverables shall consist of the following: i. Three (3) preliminary design illustrations showing the proposed Work from three (3)vantage points, including a plan view, which shall be in a high resolution digital format and/or mounted on foam core and at least 20"X 30"; ii. A narrative description of the Artist's concept, proposed materials, fabrication, lighting and installation methods, timeline for completion and maintenance, and anticipated annual maintenance requirements; iii. Installation diagram, including approximate weight of the Work, proposed base, footing, or attachment method(s) and, if applicable, location(s) for any electrical wiring and lighting fixtures; and iv. A preliminary budget estimate, on the budget form attached hereto as Exhibit `B," for final design and implementation of the Work in an amount not to exceed ONE HUNDRED SIXTY SIX - THOUSAND SIX HUNDRED EIGHTY FIVE DOLLARS AND NO CENTS ($166,685.00), reflecting total costs and inclusive of remaining artist's fees, engineering and consulting fees, travel, materials, labor, lighting, fabrication, transportation, construction, insurance, installation,a contingency of$9,057.00 and all associated costs for the Work." V. The Parties agree that the Preliminary Design Review outlined in Sections 2.4(a)-(d) of the Agreement are applicable to the first Preliminary Design only. VL The parties wish to amend Article 3, "Compensation and Payment Schedule," Sections 3.1., "Compensation," and 3.2., "Payment Schedule," to increase the total compensation to the Artist and amend the payment installment schedule to reflect the additional payments for the increase in scope of work. Sections 3.1. and 3.2. are hereby deleted from the Agreement and restated in their entirety to read as follows: "3.1. Compensation. Total compensation to Artist under the Agreement shall not exceed TWENTY-EIGHT THOUSAND NINE HUNDRED TWENTY TWO DOLLARS AND TWENTY EIGHT CENTS ($28,922.28), which shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, engineering and consulting fees, all travel expenses and 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. Payment 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. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) upon execution of this Agreement. ii. SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) within thirty (30) calendar days after Artist submits all of the Preliminary Design Deliverables required under Article 2.3 of this Agreement (excluding deliverables added by this First Amendment) and makes a presentation(s) of the Preliminary Design to the FWAC. First Amendment to CSC 45461 3 of 5 Execution Copy 1/15/15 iii. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) upon execution of this First Amendment. iv. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) within thirty (30) calendar days after Artist completes the deliverables included in Section 2.3.(o)-(s) added by this First Amendment. v. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) within thirty (30) calendar days after Artist makes a presentation(s) of both Preliminary Designs to the community as outlined in Section 2.3.(t). vi. TWO THOUSAND NINE HUNDRED TWENTY-TWO DOLLARS AND TWENTY EIGHT CENTS ($2,922.28) within thirty (30) calendar days after the FWAC chooses and approves one of the Preliminary Designs as outlined in Section 2.3.(u). vii. City may pay Artist up to TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) for engineering and consulting fees to fulfill the terms of this Agreement. Such payment shall be made upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50% is allowed) for such services attached." VII. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation paid to the Artist. VIII. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IX. All terms in this First Amendment that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF,the parties hereto have executed four copies of this First Amendment in Fort Worth, Texas, this 27A day of j5njL"u 52015. CITY OF FORT WORTH JIM HIRSCHFIELD AND SONYA ISHII,LLC by: � Fernando Costa James N. Hirschfield Assistant City Manager Duly Authorized Member First Amendment to CSC 45461 4 of 5 Execution Copy 1/15/15 APPROVED AS TO FORM AND LEGALITY: Jes ca Sangsva�g A si tant City Attorney ATTESTED BY: ®� B� 00000cQo4©o Mary J.Kayser City Secretary �o�,o'�G� o�� Contract Authorization: M&C—No M&C Required ci FFMAL RECORD RD 1TV SECRETARY FT'.WORTH,TX First Amendment to CSC 45461 5 of 5 Execution Copy 1/15/15