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