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Home My WebLink AboutContract 40164-A4 (2)FOURTH ADDENDUIVI TO CITY SECRETARY CONTRACT NO. 40164 WHEREAS, on May 75 2010, the City of Fort Worth (the "City") and Unified Fine Art Services, L.L.C., (the "Contractor") entered into City Secretary Contract No. 40164, as amended and may hereafter be amended (the "Agreement"). The City has designated the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager to manage this Agreement on its behalf; WHEREAS, the City is purchasing an artwork titled Hats (the "Artwork") by Cameron Schoeppe (the "Artist") located in General Worth Square at 900 Main Street, Fort Worth, Texas 76102 (the "Current Site") a description of which is attached hereto as Exhibit E and incorporated herein for all purposes; WHEREAS, Downtown Fort Worth Initiatives, Inc., is constructing a JFK Memorial at the Current Site, and, to make room for the memorial, the City wishes to have the Artwork deinstalled from the Current Site and transported and delivered from the Current Site to 131 Roberts Cut Off Road, Fort Worth, Texas 76114 (the "Storage Site"); and WHEREAS, pursuant to the Agreement, Contractor has agreed to perform services for the City on an as -needed basis through individual addenda; and WHEREAS, the City wishes to utilize Contractor's services to deinstall, transport, and deliver the Artwork. WHEREAS, the City and Contractor for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: SERVICES 1.1 Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all of the services described in section 1.4 herein ("Services") at the direction of the Contract Manager. All Services shall be performed in a professional, workman -like manner and in strict compliance with all terms and conditions of the Agreement and this Addendum. 1.2 Existing conditions, hidden or concealed, and not available for reasonable visual observation that are discovered during the performance of the Services will be reported promptly to the Contract Manager prior to commencing any further Services. 1.3 Contractor shall promptly repair, to a condition reasonably acceptable tot Contract Manager and the City, any damage caused to the City's property by Coritr' ctor or its CITY S"i4nwv a �i Fourth Addendum to CSC 40164 I # `�° 1 of 1 FT. WORTH, employees, agents, or subcontractors, excluding site remediation. 1.4 Services to be performed under this Addendum include the following: • Deinstallation of the Artwork from the Current Site, as described in the Cost Estimate attached hereto as Exhibit "F" and incorporated herein for all purposes (the "Cost Estimate"); • Contractor will coordinate dates and times to commence and schedule services with the Fort Worth Public Art Collection Manager via email, facsimile transmission, or hand delivered "Notice to Proceed"; • Contractor will coordinate the deinstallation plan with Contract Manager and the Artist; • Contractor will provide qualified labor, including, but not limited to, experienced riggers and machinery operators to provide all necessary Services; • Contractor is responsible for acquiring all necessary permits and street closures as required; • Contractor will provide all necessary equipment, materials, and supplies to safely and fully remove the Artwork from the Current Site; and • Contractor will provide for appropriate transportation and delivery of the Artwork as detailed in the Cost Estimate from the Current Site to the Storage Site. 1.5 In addition to any insurance provisions provided for in the Agreement, the risk of loss or damage to the Artwork shall be borne by Contractor during the time the Artwork is in the custody, care, and control of the Contractor, which includes, but not limited to, any time during which Contractor will be deinstalling, transporting, and delivering the Artwork up until the time the Artist accepts delivery of the Artwork at the Storage Site. 1.6 All terms and conditions of the Agreement not specifically addressed herein remain in full force and effect and are binding upon the parties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Fourth Addendum to CSC 40164 2 of 2 IN WITNESS WHEREOF, the parties hereto have xe uted four copies of this contract addendum in Fort Worth, Texas, this �� day of 92012. CITY OF FORT WORTH UNIFIED FINE ART$ SERVICES, L.L.C. by: Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: by Tyler Wallach Assistant City Attorney ,e,; ATTEST: by: City by: ictor Bissonnette Principle x OFFICIAL- RETARY CITY SECRE FT. WORTI�� TX Fourth Addendum to CSC 40164 3 of 3 oj �l aw or Woo �'=,�. Is ol ot Ab It I Rh 0 wo Exhibit "V The Cost Estimate Unified Fine Arts ovi v%;es, LLCo Unified Fine Arts Servtces. LLC 9101 Sov=ereignRow. Dallas, TX 75247 (214)67$-9I0I kbwAF.gmifiedfinearts.eotn lttgt:?j`www.tmifiedfinoarts_som Fort Worth Public Arts CavmCtl Seonif� Carta 1300 Gently St. Fort Worth; TX 76107 USA cif£ it OI �23l2012 1833 Ex . Date I OrlO`2011 Labor - 4 FAH, 3 days; 9 hours+day (iucltr<ies tEavet), rigging and 1 7,4I0.00 7,410.00 [i?lnstallation of Shat st:nlpttrres ar Getneral i&'orth Square, 4{K13,faia Street; Fort Worth TX 76102. Includes de€ivery to the artisfs studio, 131 Roberts Cut Off, Port Worth TX 76114, 1040. 20I1 Flarbed truck 1 750.00 750.00 1040'2011 Reach farktift (9,0001b capacity) 1 1171730 11717,50 fl0102011 Labor- Cutting off pedestals M'beivaeach piece (includes 1 33500,00 3,500.00 sub -contracted technician and equipment) 10,110'2011 Permits (provided we can keep the forklift up on the de&'sidessalk area 1 100.OD 100.00 pernrim shouldn't be necessary) 10 I0t2Ol l Pallets, support lumber (basic warehouse pallets covrered wish lt2" 5 100.OD 500.00 plywood scrap foam to guard against abrasions) 104012011 LsboriFq ' - Backhtse wtoperator (01MON, I for digging out 1 51940,00 57940,00 around Hats) i0t10@0l l Labor - digging out with shovels (would add an emm 1t2 day of labor 4 260.00 17040,00 overall) (ORUO"_I 2 for digging out artntud Hats) flO)IO)M11 Additional S.GWib fbAlifr to be rented from Taylor's Rental Fgudp. near 1 350.00 350.00 the delivery location to offload the Hats PAY T�X4S ARE R11T IS Q m Fourth Addendum to CSC 40164 5 of 5