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HomeMy WebLinkAboutContract 46274-A1 CITY SECRETARY, I / CONTRACT NO. `tom I FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. # 46274 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND MYTHOGRAPH, INC. FOR COMMISSION OF PUBLIC ARTWORK AT MEACHAM AIRPORT ADMINISTRATION BUILDING This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. # 46274 ("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 Fernando Costa, its duly authorized Assistant City Manager, and MYTHOGRAPH, Inc., a California Corporation, located at 669 West Eighth Street, Claremont, CA 91711, acting by and through Kipp Kobayashi, its duly authorized President. The City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this agreement on its behalf("Contract Manager"). The Contract Manager shall act through its designated Public Art project manager. WHEREAS, Artist and City entered into City Secretary Contract No. 46274 for the commission of public artwork("Agreement"); WHEREAS, upon completion of fabrication, Artist informed the Contract Manager that due to unforeseen circumstances, including a non-standard installation by the City's contractor of the Armstrong ceiling panel system from which the Work was to be suspended, additional engineering, testing, manufacturing of custom hooks and removal of the door of the building to accommodate the lift were required in order to install the Work, resulting in artwork installation costs substantially greater than originally anticipated; WHEREAS, the City included a $10,000.00 contingency in the Agreement and set aside an additional$10,000.00 contingency outside of the Agreement,to be utilized for unforeseen costs associated with the Work that are incurred by the Artist, which was authorized by the City's City Council on October 28, 2014 (M&C C-27060); WHEREAS, after the installation was complete on August 24, 2017, Artist presented the Contract Manager with an itemized invoice and supporting documentation for the additional artwork installation costs that are in excess of$10,000.00, but less than $20,000.00; and WHEREAS, it is the desire of the City to compensate the Artist for the needed additional engineering,testing,manufacturing and other costs directly related to the artwork installation; NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth,the afficiency ofw tc is ereby acknowledged,agree that the Agreement is amended as follows: OFFICIAL RECORD CITY SECRETARY FT WORTH9 TX Amendment#1,CSO#46274,C mmission of Public Artwork wi h Mythograph,Inc. Page I of 2 Execution Copy 9/26/17 I. Artist shall present City with an invoice and be compensated for the additional contingency costs associated with the unanticipated site conditions in the amount up to $20,000.00,inclusive of the$10,000.00 in contingency allowance contained in the Agreement. II. Funds previously paid to the Artist prior to this First Amendment shall apply toward the total compensation paid to the Artist. III. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed four copies of this First Amendment in Fort Worth,Texas,this 41/\—day of 41JWJ,� - ' 2017. CITY OF FORT WORTH ARTIST oiyKobayashiayashi as Date:2017.0926113439 by: 4 -07'W Fernando Costa Kipp Kobayashi Assistant Ci y anager President, Mythograph,Inc. Date: 9 28 /7 Date: CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuriy}g all performanc reporting requirements. Name: Title: APPROV AS TO FORM AND LEGALITY: Jessica S n sv Assistantffity Attorney �2 ATTESTED Y. Al Mary J. Kay r City Secretary M&C#C-27060 DATE: October 28, 2014 OFFICIAL RECORD CITY SECRETARY FT,WORTH,TX Amendment#I,CSO#46274,Commission of Public Artwork with Mythograph,Inc. Page 2 of 2 Execution Copy 9/26/17