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HomeMy WebLinkAboutContracts & Agreements_21-2018FIRST AMENDMENT TO ARTIST AGREEMENT This first amendment ("First Amendment") to the Artist Agreement dated December 20, 2016 (the "Agreement") by and between the City of Redlands, a municipal corporation ("City"), and Dan and Dma Romero ("Artist"), is made and entered into this 6th day of February, 2018 RECITALS WHEREAS, it is the desire of City to exercise its option to extend the time for completion of the services to be provided pursuant to the Agreement to June 30, 2018, and WHEREAS, it is the further desire of City and Artist to amend their existing Agreement, specifically Article 2 entitled "Compensation and Payment Schedule," to amend the payment schedule to advance compensation to Artist, NOW, THEREFORE, City and Artist hereby agree as follows AGREEMENT Section 1 Attachment "A" of the Agreement, entitled "Scope of Work," is hereby amended to extend the timeline for completion of the artwork as described in Attachment "1" hereto Section 2 Attachment "B" of the Agreement, entitled "Compensation and Payment Schedule," is hereby amended to modify the payment schedule as described in Attachment "2" hereto Section 3 All other provisions of the Agreement shall remain m full force and effect IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of Fe . u . 2018 ARTIST By Paul Banch, Mayor Pro Tempore Dan Romero By ATTEST e Donaldson, City Clerk 1 I \ca\djm\Agreements\Fi st Amendment to Artist Agreement Romero 2.6 18revised.docx a, 'I) Dma Romero ATTACHMENT "1" SCOPE OF WORK A sculpture generally described as the "Sister Cities Clock Tower" —a site specific, original, high quality public artwork (see picture attached) to be located at Ed Hales Park in the City of Redlands, California. The size of the Sister Cities Clock Tower shall be a minimum dimension of 13'6" wide and 13'6" tall, and a maximum dimension of 16' wide and 16' tall The Work shall be executed in a manner to include the following elements. • All research, design, fabrication, site preparation (including any modifications to the site proposed by the Artist that are beyond the scope and/or budget of the park site's construction), and installation oversight of the artwork • Clocks and Controllers. Electric Time Co , Medfield, MA o 3 double sided clocks with 24" face, all with custom lettering and numerals o 3 controllers. model 99 B mi automatic clock controllers o 3 graphics work custom • Arch sculpture to house clocks • Rolling Ball Kinetic to include safety leaf gates • A maintenance manual for the Work including all materials, finishing methods, clocks and controllers, and rolling ball kinetic, so that future maintenance and repairs of the clock tower can be made by the City The Work shall be completed in accordance with the following schedule. Work to be completed no later than June 30, 2018 2 I:\ca\djm\Agreements\First Amendment to Artist Agreement Romero 2.6.18revised.docx ATTACHMENT "2" COMPENSATION AND PAYMENT SCHEDULE The Artist shall execute the Work in accordance with the budget set forth herein. Payment shall be made in accordance with the following scheduled installments, each installment representing full and final payment for all services and materials provided prior to payment thereof. The Artist shall submit a detailed invoice listing the item or task, dates of service, purchase order number and any other relevant information as requested by the City for all requests for payment. First Payment The clock company requires 40% up front to begin building the clocks 33% of labor and shop costs All metals, materials and graphics First payment at beginning of project Second Payment Final 60% to clock company for delivery 33% of labor and shop costs Second payment to be paid at 10 weeks from the City's notice to proceed Third Payment Per Amendment to Agreement dated February 6, 2018 Final Payment Remaining labor and shop costs, to be paid upon installation of the Work All checks should be made payable to Dina Romero 3 I.\ca\djm\Agreements \First Amendment to Artist Agreement Romero 2.6.18revised.docx 7,788 00 13,333 00 5,530.00 $ 26,651.00 11,682 00 13,333.00 $ 25,015.00 $ 8,000.00 $ 5,334.00