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Home My WebLink AboutContract 50618-A1 y RECEIVED CITY SECRETARY MAY 2 2 2019 CONTRACT NO. CITY OF FORT WORTH CI iY SECRETARY FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 50618 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND KIBOWORKS,INC., FOR FABRICATION OF PUBLIC ART PROTOTYPES FOR THE HEMPHILL LAMAR CONNECTOR This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 50618 ("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 Jesus J. Chapa, its duly authorized Assistant City Manager, and KiboWorks, Inc., a California corporation, located at 9580 Oak Valley Parkway, Suite 7-211, Folsom, CA, 95630, and acting by and through Kevin Furry, its duly authorized representative. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, Implementation Artist was placed under a Fabrication of Public Art Prototypes Agreement (Fort Worth City Secretary Contract No. City Contract No. 50618, executed April 13, 2018) ("Agreement"); WHEREAS, Implementation Artist has fabricated and delivered "horn" prototypes, which have been approved by the Fort Worth Art Commission; WHEREAS,the City has requested drawings sealed by an electrical engineer licensed to practice in the State of Texas, showing the design of power service from existing utility service in the Hemphill Lamar Connector to the public art installation; WHEREAS, the City desires that Implementation Artist move forward with the procurement of electrical engineering services in a timely manner: WHEREAS, Implementation Artist recommends that the "clamps" prototypes be provided at the beginning of metal fabrication under a future Artwork Implementation Agreement to be executed after authorization by City Council in June 2019; WHEREAS, the cost of producing the "clamps" prototypes and the cost of electrical engineering is equivalent; NOW,THEREFORE, City and Implementation Artist for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows: 1. Section 2.2. "Scope of Services"subsection(d)is hereby deleted and replaced with the following "d. Implementation Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for fabricating and demonstrating the Public Art Protot "longhorns"of the Work and for providing the Public Art Prototype Deliverables. Sel QFFML RECORD CITY SECRETARY First Amendment to Agreement Between the City of Fort Worth and Execution Cop 5/116119WORTM,TX KiboWorks,Inc.,for Public Art Prototypes for the Hemphill Lamar Connector Pa e 1 of 4 be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement." II. Section 2.2. "Scope of Services"is hereby amended by adding subsection(1)to be as follows: 1. Implementation Artist shall provide drawings sealed by an electrical engineer licensed to practice in the State of Texas showing the design of power service from existing utility service in the Hemphill Lamar Connector to the public art installation." III. Section 2.5. "Public Art Prototype(s)Deliverables," subsections(a)(iii)and(a)(iv)are hereby deleted and replaced with the following: "iii. A written narrative describing the following: (1) Proposed materials, fabrication, and installation methods for the "longhorn" elements of the Work, including inforination regarding Implementation Artist's subcontractor(s), if any; (2) Maintenance requirements for all elements of the Work as dictated by Implementation Artist, along with cost estimates for annual maintenance; and(3) Drawings sealed by an electrical engineer licensed to practice in the State of Texas showing the design of power service from existing utility service in the Hemphill Lamar Connector to the public art installation. iv. [Intentionally Deleted.]" IV. Section 2.6. "Public Art Prototypes Review" is hereby amended b adding subsection(h)to be as follows: "h. Implementation Artist shall submit drawings sealed by an electrical engineer licensed to practice in the State of Texas showing the design of power service from existing utility service in the Hemphill Lamar Connector to the public art installation to Contract Manager for City staff review and approval." V. Article 3.2. "Payment Schedule" is hereby deleted and replaced with the following_ "3.2. Payment Schedule. 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: a. TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00)upon execution of this Agreement. First Amendment to Agreement Between the City of Fort Worth and Execution Copy 5/16/19 KiboWorks,Inc.,for Public Art Prototypes for the Hemphill Lamar Connector Page 2 of 4 b. NINETEEN THOUSAND FOUR HUNDRED NINETY-SEVEN DOLLARS AND NO CENTS ($19,497.00)upon receipt of the purchase order from the fabricator. C. TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00)within thirty (30) days after Implementation Artist submits the Public Art Prototype(s) Deliverables as required under Article 2.5 of this Agreement and makes a presentation of the Public Art Prototype(s)to the F WAC. d. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty (30) days after the City notifies the Implementation Artist of its approval of the Public Art Prototype(s) and City accepts the Electrical Design in accordance with Article 2.6(h)." VI. Funds previously paid to Implementation Artist (specifically, payment 3.2.a. and 3.2.b.) prior to this First Amendment shall apply toward the total compensation paid to Implementation Artist. VII. All terms and conditions of the Agreement that are not expressly amended pursuant to this First Amendment shall remain in full force and effect, and any undefined terms in this First Amendment shall have the meaning provided in the Agreement, IN WITNESS WHEREOF,the parties hereto have executed four copies of this First Amendment in Fort Worth, Texas,to be effective this 22'idday ofMC1.t, 2019("First Amendment Effective Date"). CITY OF FORT WORTH IMPLEMENTATION ARTIST by: i by: Jesus J. Chapa Kevin Furry Assistant City Manager KiboWorks, Inc. CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the monitoring and administ tion of this contract,including ens i g all ance a eporting requirements. Name: (-Martha Peters Title: Director of Public Art Arts Council of Fort Worth&Tarrant County,Inc. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX First Amendment to Agreement Between the City of Fort Worth and Execution Copy KiboWorks,Inc.,for Public Art Prototypes for the Hemphill Lamar Connector Page 3 of 4 APPROVED AS TO FORM AND LEGALITY: Jessica Sari v Senior As stant i Attorney V Form 1295: not required ti :, l2 ATT D BY: FORT'. ��C �1 (/�n"4t- 4 ary Kayser City Secretary • No M&C Required OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX First Amendment to Agreement Between the City of Fort Worth and Execution Copy 9 KiboWorks,Inc.,for Public Art Prototypes for the Hemphill Lamar Connector Page 4 of 4