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HomeMy WebLinkAboutContract 45809-A1 CITY SECRErAW - l CONTRACT NO. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45809 AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK BETWEEN THE CITY OF FORT WORTH AND NED KAHN d/b/a NED KAHN STUDIOS FOR HENDERSON STREET ROUNDABOUT OF THE TRINITY RIVER VISION BRIDGES PROJECT This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 45809 ("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 its duly authorized Assistant City Manager, and Ned Kahn d/b/a Ned Kahn Studios, located at 1899 Mariner Drive, Sebastopol, California, 95472. 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, on April 27, 2015, installation of the Work commenced at the Site; WHEREAS, on May 18, 2015, after the installation of the main support structure of the Work was installed at the Site, City approved a change in Artist's installation schedule to postpone completion of the Work until October 2015 to enable Project Partner to complete the construction of the roundabout roadway so that it may be open to traffic on June 22, 2015; WHEREAS, the Project Partner asked Artist to remove a storage container with the remaining sculpture components off of the Site in the interim; WHEREAS, the City is providing a secure location for the storage container until October 2015 at no cost to Artist; and WHEREAS, it is the desire of the City and Artist to amend the Agreement to state that the risk of loss is the responsibility of the Artist during the time the storage container is on City property; NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: m _n 1. G m In Article 2 "Scope of Services and Deliverables" of this Agreement Section. 2.8 "Risk of 0 Loss" is replaced in its entirety to be and read as follows: OFFICIAL RECORD z CITY SECRETARY Amendment 1,Contract Number 45809,Agreement with Ned Kahn d,'b/a FT.WORTH,TX '-" Ned Kahn Studios for Commission of Public Art for Henderson Street Roundabout Execution Copy 6/8/15 1 of 2 s � "2.8. Risk of Loss. The risk of loss or damage to the Work shall be borne by Artist prior to Final Acceptance, and Artist shall take such measures as are necessary to protect the Work from loss or damage until Final Acceptance,including, but not limited to,the purchase of property loss insurance." II. 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 ereto have executed four copies of this First Amendment to Fort Worth„Texas,this t�4&y a ,2015. CITY OF FORT WORTH NED KAHN D/B/A NED KAHN STUDIOS I by: .do�—a,_ Fernando Costa Ned Kahn Assistant 'ty Date: Date: G It �s APPROVED AS TO FORM AND LVEGI A I.ITY: Jessica wsvang Assis t C ty Attonxy ATTESTED BY: Q`C SRI" o 0 Vg o� CCity Secretary �F s M&C---No M&C Required OFFICIAL. RECORD CITY SECRETARY FT.WORTH,TX Amendment 1,Contrad Number 45809,Agreement with Ned Kahn&Wa Ned Kahn Studios for Commission of Public Art for Henderson Street Roundabout Execution Copy 6!8/IS 2 of 2