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HomeMy WebLinkAboutResolution - 4954 - Agreement - Archaic - Charles Umlauf Angle Sculpture Restoration, Cemetary - 09_14_1995Resolution No. 4954 September 14, 1995 Item #30 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement and all related documents by and between the City of Lubbock and Archaic for the restoration of the Charles Umlauf Angel Sculpture in the Lubbock Cemetery, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as i d herein in detail. Passed by the City Council this 14th VID R. LANGSTON, MAYOR ATTEST: &t' , "�' Betty . Johnson, dty Secretary APPROVED AS TO CONTENT: Connie GibbonsOltural Arts Service Manager APPROVED AS TO FORM: G. Vandiver, First Assistant City Attorney :d&cdocs\amhaic.res September 7, 1995 Resolution No. 4954 September 14, 1995 Item #30 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS CHARLES UMLAUF ANGEL - RESTORATION COUNTY OF LUBBOCK § This Agreement entered into between the CITY OF LUBBOCK, hereinafter called "CITY", and ARCHAIC, hereinafter called "CONTRACTOR", for the restoration of the Charles Umlauf Angel Sculpture in the Lubbock Cemetery. I. CONTRACTOR hereby agrees to conduct Phase I of the restoration immediately, including: 1) Test cleaning; 2) Removal of the lime water application on the north elevation (back); 3) Stabilize east wing (including drilling, pinning, epoxy injection and mortar pointing); 4) Prepare samples of mortar mixes for pointing and patching; 5) Remove existing cementitious patch from north elevation; 6) Reinforce back with stainless steel rods and wire armature; and 7) Build-up missing drapery on backside with compatible patching material. The remainder of the restoration work (Stage II) shall be completed in the Spring of 1996 including: 1) Cleaning of the front; 2) Stabilizing of the west wing; 3) Replacing the lost wing tips; 4) Filling of all the cracks; and 5) The application of a sealant. II. The City of Lubbock shall reimburse the CONTRACTOR for the services in an amount not to exceed NINE THOUSAND ONE HUNDRED FIFTY AND NO/100 DOLLARS ($9,150.00), payable in the following manner. Stage I: A. TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2,500.00) upon execution of this agreement by both parties. B. ONE THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($1,250.00) at 1 %2 weeks after the startup of the restoration (midpoint) as a progress payment. C. ONE THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($1,250.00) due upon completion of Stage I. Stage II will be completed during the Spring of 1996, and will begin once the possibility of a freeze has passed. The remainder of the fee will be paid in the following manner. Stage II: A. TWO THOUSAND ONE HUNDRED FIFTY AND NO/100 DOLLARS ($2,150.00) upon the startup of Stage II. B. TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) upon completion of Stage II. It shall be the responsibility of CONTRACTOR to obtain any required tax permit from the State of Texas and to submit tax moneys to the State as required. CONTRACTOR shall provide CITY a copy any required tax permit. CITY. IV. CONTRACTOR shall not assign this Agreement without the written consent of V. CONTRACTOR shall hold CITY and its representatives harmless from all suits, actions or claims of any kind brought by any person whatsoever in consequence of any neglect in safeguarding the work, or of any act or omission by CONTRACTOR or its employees, or from any claims or amounts whatsoever arising or recovered under any law, bylaw, ordinance, regulation, order of decree. CONTRACTOR shall be responsible for all damage to property and personal injury of any kind resulting from any act, omission, neglect or misconduct of CONTRACTOR or its agents or employees in the manner or method of performing the work in this Agreement. VI. During the performance of this Contract, CONTRACTOR agrees as follows: A. CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. CONTRACTOR shall ensure that applicants for employment and employees are treated without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. CONTRACTOR shall comply with the Americans with Disabilities Act of 1990 and shall not discriminate against a qualified individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. X. This Agreement for restoration of the Charles Umlauf Angel shall be come effective immediately upon execution. HANDS this the 14th day of September , 1995 . L VID R. ATTEST: &r�- LA Betty A Johnson, dity Secretary APPROVED AS TO CONTENT: Ae Gibbons Cultural Arts Service Manager APPROVED AS TO FORK OTJ 4 A A'� P Donald G. Vandiver First Assistant City Attorney dp:cityatt\a-umlauf.doc CK�7►M�'7� � -