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Home My WebLink AboutContract 62607-A1CSC No. 62607-A 1 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 62607 This First Amendment to City Secretary Contract No. 62607 is entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, acting by and through Dana Burghdoff, its duly authorized Assistant City Manager, and Kibo Works, Inc. ("Contractor") acting by and through Kevin Furry, its duly authorized representative. City has designated the Arts Council of Fort Worth & Tarrant County D/B/A Arts Fort Worth to manage this Agreement on its behalf. WHEREAS, effective on January 10, 2025, the City and KiboWorks, Inc. entered into a professional services agreement (City Secretary Contract No. 62607) ("Agreement") for specific services to assess technical issues related to a public art installation designed by Dan Corson and titled Flight; WHEREAS, the Contractor has completed the assessment and has provided a preliminary Cost Estimate for Repairs based on observations discovered during the assessment, which is attached hereto as Exhibit "G" and incorporated herein for all purposes; WHEREAS, the City wishes to increase the compensation under the Agreement by thirty one thousand eight hundred two dollars and zero cents ($31,802.00), for a new total contract amount of thirty-seven thousand four hundred two dollars and zero cents ($37,402.00) to allow Contractor to complete the repairs and provide replacement components; NOW THEREFORE, in consideration of the mutual covenants herein expressed, the Parties agree as follows: I. Section 1 of the Agreement, titled "SCOPE OF SERVICES", shall be amended by adding the following: 1.12 Contractor, individually and through its subcontractors, shall travel to Fort Worth and conduct repairs and provide training for a local technician as described in the Contractor's Cost Estimate for Repairs, attached hereto as Exhibit "G." 1. 13 Contractor shall fabricate and deliver twenty-four (24) "horns" artwork components to match existing artwork components. First Amendment to Fort Worth City Secretary Contract No. 62607 Page 1 of 6 II. Section 3.1 of the Agreement is hereby amended by replacing it in its entirety with the following: 3.1 The City shall pay Contractor an amount not to exceed THIRTY-SEVEN THOUSAND FOUR HUNDRED TWO DOLLARS AND ZERO CENTS ($37,402.00) in accordance with the provisions of this Agreement, Exhibit "B," Exhibit "G," and Exhibit "E," including a contingency of Five Thousand Eight Hundred Thirty-Six Dollars ($5,836.00) for costs associated with the repairs that are incurred by the Contractor due to unforeseen changes in materials or installation costs. The amount under this section shall not obligate City to pay the full amount and shall not be construed as a guaranteed amount payable to Contractor. Payment from the City to the Contractor shall be made on an invoice basis following receipt of a signed invoice with adequate documentation provided at submission of invoice, all in form acceptable to the City. Contractor shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable far any additional expenses of Contractar not specified by this Agreement unless the City %rst approves such expenses in writing. If any conflict exists between this Agreement, Exhibit "B," Exhibit "G," and Exhibit "E," the terms of this Agreement shall control, followed by Exhibit "E," followed by Exhibit "B," followed by Exhibit "G." Contractar shall not perform any additional services or bill far expenses incurred far City not specified by this Agreement unless City requests and approves in writing the additional costs far such services. City shall not be liable far any additional expenses of Contractor not specified by this Agreement unless Contract Manager approves such expenses in writing. III. Exhibit "E" of the Agreement, titled "COMPENSATION SCHEDULE", shall be amended by replacing it in its entirety with the following: 1. Compensation. a. The City shall pay Contractor an amount not to exceed THIRTY-SEVEN THOUSAND FOUR HLTNDRED TWO DOLLARS AND ZERO CENTS ($37,402.00) for all services performed, including but not limited to, materials and supplies, equipment rentals, and labar, insurance, incidental costs, contingencies, transit, travel, and any costs required to repair the artwork in accordance with the provisions of this Agreement. Contractor and City may amend this Agreement to allow for additional payment if additional services are required. First Amendment to Fort Worth City Secretary Contract No. 62607 Page 2 of 6 b. Services outlined in this Agreement are based on rates in accordance with Exhibit "B" ("Contractor's Proposal") and Exhibit "G" ("Cost Estimate for Repairs"). c. Compensation for all of Contractor's services performed pursuant to this Agreement shall be made on an invoice basis supported with documentation at invoicing, with total fee, including, but not limited to, all reimbursable expenses. d. Contractor will not bill City for tax pursuant to Contractor's use of Exhibit "C" as outlined in section 3.2 of this Agreement. e. Any additional expenses not outlined in this Agreement or exhibits incurred by Contractor must be approved in writing by Contract Manager before being added to the invoice submitted to the City upon completion of services under this Agreement. 2. Payment Schedule. City agrees to pay Contractar 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 thereoi a. THREE THOUSAND TWO HUNDRED DOLLARS AND ZERO CENTS ($3,200.00) upon Contract Manager's verification that original scope of work as outlined in Exhibit "B" is completed. b. TEN THOUSAND EIGHTY-THREE DOLLARS AND ZERO CENTS ($10,083.00) to cover expenses related to materials and supplies upon execution of Agreement. Up to an amount of FIVE THOUSAND THREE HUNDRED FIFTY-EIGHT DOLLARS AND ZERO CENTS ($5,358.00) within thirty-five (35) days after repairs have been 50% completed. d. Up to an amount of TEN THOUSAND FIVE HUNDRED TWENTY-FIVE DOLLARS AND ZERO CENTS ($10,525.00) within thirty-five (35) days after repairs have been fully completed and approved by the Contract Manager. e. Up to an amount of TWO THOUSAND FOUR HUNDRED DOLLARS AND ZERO CENTS ($2,400.00) within thirty-five (35) days after spare horns have been delivered to City and receipt by City of all documentation as it may require concerning payment of services and materials rendered. £ The total compensation listed section 1(a) of this Exhibit "E" includes payment for unforeseen changes in the approved repairs from a contingency fund in an amount up to FNE THOUSAND EIGHT HUNDRED THIRTY-SIX DOLLARS AND ZERO CENTS ($5,836.00) for costs associated with repairs that are incurred by the Contractor upon (i) receipt of supporting documentation by the Contract Manager from the Contractar and (ii) approval by the Contract Manager of the additional costs. First Amendment to Fort Worth City Secretary Contract No. 62607 Page 3 of 6 g. Contractar shall submit a signed invoice to the City's Contract Manager for payment under this Agreement within iifteen (15) days of completing services under this Agreement and include any necessary receipts. City shall compensate Contractar in full within thirty (30) days after receipt of Contractar's final invoice and all deliverables. IV. The attached Exhibit "G" ("Cost Estimate for Repairs") is hereby added to the Agreement and incorporated herein for all purposes. � Funds previously paid to Artist prior to this First Amendment shall apply towards the total compensation paid to Artist. VI. All other terms, provisions, conditions, covenants, and recitals of the Agreement not expressly amended herein shall remain in full force and effect. VII. This Amendment may be executed in multiple counterparts, each of which shall be an ariginal, and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or TIF image, or an electronic signature, shall be treated as and shall have the same effect as an original. First Amendment to Fort Worth City Secretary Contract No. 62607 Page 4 of 6 ACCEPTED AND AGREED: CITY OF FORT WORTH By: Da��go!Uf1�1�CDT) By: --#------1--------.li_,-,,::;;..-Dana Burghdoff Assistant City Manager Date: 05/29/2025 Kevin urry Authorized Representative Date: 5-23-25 ---=---=-=--='--------- APP�M RECOMMENDED: By 'Midori Clark (May 29, 2Q2§ Q9:4Q CDT) Midori Clark Director, Fort Worth Library CONTRACT COMPLIANCE MANAGER 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. By: __________ �_ Jennifer Conn, Public Art Arts Council of Fort Wort ction Manager Tarrant County, Inc. APPROVED AS TO FORM AND LEGALITY: By:To/Qud& Trey Qualls Assistant City Attorney ATTEST: By: ----=-r __ i _� ____ _ Jannette Goodall City Secretary No M&C Required Form 1295: NIA First Amendment to Fort Worth City Secretary Contract No. 62607 Page 5 of 6 EXHIBIT G Cost Estimate for Repairs �� .� _ � :`� _ ..� �:�l�l�� CL1�HT PROJECT Ci6y of Ft�tW�th �a�t N� aeHi Arnva�ls 5a�u iae RRQQUCTlSER�ICE Dnsit� Tech tCibvworks 7 pa�on day �a�h Local SupQort an� lifas e�ch RS4fL�r cab;e �aGh �oca1 dM]C+R5�25 Te�h 7 persorr day each Lane Ch�ur�s Provided by city ar��h Traowal Ex�a�a Kib�Yartss e�ch FGt�orks day 1ah�xHouel $ 1,095.�4 �sch aa�h Ho�ris aa�h Sdt�ping a�imatad aa�h _ aa�h ea�h ea�h Era�neeiir� T�41 �aoting T8lki S41B TO�1kL PRQ€]LJC�ISFF3VICE IHSTALL+91.fPlaQF#'C P; agec# Fha[sag��e�t Meetings �resia�laticm ��or� 2we�ks Canrnissiortir�g blappi�g Sub Cars�a�tar �� 5�Tr'�02�5 QTY UNIT PRI�E TOTAL RRI{aE � $ rt,U6� #� 4,3�[} 15� 1 $ 10.7t� $ 10,�1� 3$°l 1 � 1.��0 � i,59D 5°Y 5 $ t.20Q $ £,�0 2�9� 1 � r,� � 1,5�4 5�r �� 1 $ NONE �JON� GTY UHI� PRI�E NON� �1QN� �ONE hiDNE #�DNE #JON� i�ION� 137 � 3,E7fi 12� i�o S J�4 3� #� �&� 1{109� T4TA� �FiICE Paclk�n9,�PP��9 esti�a� �1�NE SLIB T4TA� INSTkLL�3-l3PPOfiT $ - O�Y �OTAL €STfY,hT� FOlR FROJF.�T #r �9,366 SU09� I taosesl�mata nas �n createb �sad an ttie pra�ec4 inlanna�an pra�r�etl. ]I me inrarmation changes, lhis a�imsta will a��a cha�ge_ The esti�rsa� is given onEy fa ik�e p� at astimaiirig IFae prajact. A fallrnw o�s carrtr��k PO, ararder will lockir� a finaa prioe. Jf ihus as#irna� was raq��es7ad atid requited �n a s[�ort sc�.ipa, tha es3imata wi� �hange whera asfcama[ qu,otalooEss �rorn vendvrs or �pda�s are racaived_ Estima� �r7,2425.x1s First Amendment to Fort Worth City Secretary Contract No. 62607 TE411 Ka80 CONTA�T �alrt Page 6 of 6