HomeMy WebLinkAboutVirginia Paquette - Amend to RES 4406 AMENDMENT No. 1 to the
AGREEMENT BETWEEN VIRGINIA PAQUETTE AND
THE CITY OF AUBURN FOR THE DESIGN, FABRICATION
AND INSTALLATIN OF AN ART PIECE
Executed October 20, 2008.
For good and valuable consideration, the parties agree to amend the above
agreement in the following manner-
1. The second sentence of Paragraph 1 I of the Agreement, "GENERAL," is deleted
and replaced by the following sentence:
The Artist shall be responsible for all services and shall furnish all
supplies, material, and equipment as necessary for the design, execution,
fabrication, transportation and delivery to the City for future installation.
2. The third sentence of Paragraph 1 1 of the Agreement, "GENERAL," is deleted.
3. The third sentence of Paragraph 1 l of the Agreement, "POST-
INSTALLATION," is deleted and replaced by the following sentence:
Upon delivery of the Work,the Artist shall provide to the City written
instructions for appropriate installation, maintenance, and preservation of
the Work.
4. Paragraph 2.1 of the Agreement, "FEE" is deleted and replaced by the following
paragraph:
The City shall pay the Artist for satisfactory completion of the artwork in
the total fixed amount of$52,000 (fifty-two thousand and no/100 dollars)
which shall constitute full compensation for all services, engineering
permits and materials to be performed and furnished by the Artist under
this Agreement. All fees shall be paid in accordance with standard City
business practices. At each fee/fabrication Phase outlined above, the
Artist will submit a brief written report, which describes the progress to
date, and invoices the City at that time.
5. Paragraph 2.2 of the Agreement, "PAYMENT" is deleted and replaced by the
following paragraph:
The first partial payment of$21,250.00 will be paid by the City to the
Artist upon signing this Agreement. The second partial payment of
$21,250.00 will be paid by the City to the Artist upon completion of and
approval of final design drawings. The third partial payment of$9,500
(nine thousand, five hundred dollars) will be paid by the City upon
delivery and written acceptance.
6. Paragraph 2.4 of the Agreement, "BUILDING CONSTRUCTION CREDITS," is
deleted.
7 Paragraph 3 1 of the Agreement, "DURATION," is deleted and replaced by the
following paragraph:
The services to be required of the Artist shall be completed by December
31, 2013
8. In Paragraph 4.2 of the Agreement, "WARRANTIES OF QUALITY AND
CONDITION," the words"and installed" after"as fabricated" are deleted.
9 In Article 8, "NOTICES," the words "Laurie Rose" are deleted and replaced by
the words, "Arts Coordinator"
All other provisions of the Agreement and of any previous amendments remain in full
force and effect.
Executed this 1 { day of J AN V LT4 2011;
CITY URN VIRGINIA PAQUETTE
Peter B. Lewis, Mayor 7
Title: �/ c S
ATTEST
Danielle E. Daskam, City Clerk
7mu
Dan Heid, City Attorney