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:
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m In Article 2 "Scope of Services and Deliverables" of this Agreement Section. 2.8 "Risk of
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Loss" is replaced in its entirety to be and read as follows: OFFICIAL RECORD
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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
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"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"
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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