HomeMy WebLinkAboutContract 44000-A1 (2)CITYSECRETARYL)L/004sa
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44000
AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK
BETWEEN THE CITY OF FORT WORTH
AND PAVLOVSKY SCULPTURE STUDIO, LLC
This FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44000 ("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 Fernando Costa, its duly
authorized Assistant City Manager, and Pavlovsky Sculpture Studio, LLC., by and through its duly
authorized member Michael Pavlovsky.
WHEREAS, on December 28, 2012, the City and Artist made and entered into City
Secretary Contract No. 44000 (the "Agreement"), and the City designated the Arts Council of Fort
Worth and Tarrant County, Inc. as its Contract Manager;
WHEREAS, under the Agreement, Artist is to design, fabricate and install public art for the
Near East Side Urban Village;
WHEREAS, the original payment schedule does not meet the needs of the current
fabrication schedule; thus, creating a cash flow hardship for Artist;
WHEREAS, it is the desire of Artist and City to change the payment installment schedule to
meet the needs of the aforementioned fabrication schedule, which includes revising the payment
schedule but not the overall payment amount due to the Artist under the Agreement;
WHEREAS, Exhibit "A" of the Agreement incorrectly identifies the Work material as
powder -coated steel when, in fact, the Work will be made of powder -coated aluminum; and
WHEREAS, the Artist and City desire to correct this error to reflect the appropriate metal in
a new Exhibit A that is attached hereto.
NOW, THEREFORE, City and Artist, in consideration of the mutual covenants and
agreements contained herein, do mutually covenant and agree that the Agreement is amended as
follows:
I.
The parties wish to revise Sections 3.2.b and c. of the Agreement titled "Payment Schedule" to
change the payment installment schedule. Prior Section 3.2.b. of the Agreement is being adjusted to
increase payment to the Artist from $15,125.00 to $18,000.00 that will be due and payable upon
proof of placement of the order for the metal banners. The amount of prior Section 3.2.c of the
Agreement is being reduced from $14,625.00 to $11,750.00 to offset the larger amount being paid
per Section 3.2.b. Section 3.2.d remains unchanged. To total amount due to the Artist under the
Agreement shall remain the same at $45,000.00. Sections 3.2.b. and c. are hereby amended to read
as follows:
Agreement for Commission of Public Artwork
between Eiv p5¼Worl .r : -Pavlovsky Sculpture Studio, LLC
OFFICIAL RECORD
CITY SECRETAPY;
Ft WORTH, TX
_I
Page 1 of 6
"b. EIGHTEEN THOUSAND DOLLARS AND NO CENTS ($18,000.00) payable to the
Artist upon the Contract Manager's receipt of sufficient documentation that the twenty-
four powder -coated aluminum banners and banner arms and attachments have been
ordered.
c ELEVEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS
($11,750.00) upon Contract Manager's verification that the Work is 100% complete and
ready to install "
II.
Exhibit A of the Agreement incorrectly identifies the Work material as powder -coated steel
when, in fact, the Work will be made of powder -coated aluminum. The parties have reflected this
change in the new attached Exhibit A, which is hereby incorporated into the Agreement for all
purposes and supersedes the prior Exhibit A.
Funds previously paid to the Artist prior to this First Amendment shall apply toward the
total compensation paid to the Artist.
IV.
All terms and conditions of the Agreement that are not expressly amended pursuant to this
First Amendment shall remain in full force and effect.
V.
All terms in this First Amendment that are capitalized but not defined shall have the
meanings assigned to them in the Agreement.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Agreement for Commission of Public Artwork Page 2 of 6
between the City of Fort Worth and Pavlovsky Sculpture Studio, LLC
IN WITNESS WHEREO the parties hereto have ex cuted four copies of this First Amendment
in Fort Worth, Texas, thi day of (i7(2t. _ , 2013.
CITY OF FORT WORTH
byCnIettetteh
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. VAllach
Assistant City Attorney
ATTESTED BY:
ary J. Kayse
City Secretary
PAVLOVSKY SCULPTURE STUDIO,
LLC
by:
Michael Pavlovsky
Member
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Agreement for Commission of Public Artwork
between the City of Fort Worth and Pavlovsky Sculpture Studio, LLC
UFFICIM RECORD\I
CITY SECRETM
FtWORTH, TX
age 3 of 6
Exhibit A: Artwork
Artwork (24 designs), 36" H x 26" W
Colorful, permanent metal banners in powder coated aluminum that will be attached to new
pedestrian and street light poles The designs include those that reflect the individuals,
organizations, businesses and activities in the Near East Side Urban Village.
Lai
Artwork (Designs continued)
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Wide l
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Agreement for Commission of Public Artwork
between the City of Fort Worth and Pavlovsky Sculpture Studio, LLC
11010
Patin
Page 4of6
11S. ',hd�„
New Beginning
Business
Vete flans Services
Industry
Helping People
Transportation
Agreement for Commission of Public Artwork Page 5 of 6
between the City of Fort Worth and Pavlovsky Sculpture Studio, LLC
Light Pole Banner ('onfigura.
1
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Agreement for Commission of Public Artwork Page 6 of 6
between the City of Fort Worth and Pavlovsky Sculpture Studio, LLC