Loading...
HomeMy WebLinkAboutResolution - 2002-R0076 - Contract For Construction Sculptures For Mackenzie Park - St. Eligus Studio - 02/28/2002Resolution No. 2002-80076 February 28, 2002 Item No. 29 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for construction of sculptures of four running horses for display at Mackenzie Park and any associated documents between the City of Lubbock and St. Eligius Studio of Lubbock, Texas, a copy of which contract is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 28th day of February '2002. Mlkby' SIT N, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TOC TENT: !1 L ZJA:::� i.AI- Corbin Pemberton, Community Projects Manager APPROVED AS TO FORM: DbYiald G Attorney Mres/HorseScul ptureCon.. res February 20, 2002 mtn Resolution No. 2002-R0076 February 28, 2002 Item No. 29 CONTRACT FOR MACKENZIE PARK EQUINE SCULPTURES STATE OF TEXAS § COUNTY OF LUBBOCK This contract, (the "Contract"), effective as of February 28, 2002, (the "Effective Date"), is by and between the City of Lubbock, (the "City"), a Texas Home Rule Municipal Corporation, and Steve Teeters, an individual, doing business as St. Eligius Studio, whose principal place of business is located at 719 Buddy Holly Avenue, Lubbock, County, Texas (the "Contractor"). In consideration of the terms, covenants, and conditions set forth in this Contract, the City and Contractor hereby agree as follows: TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of one (1) year from and after the Effective Date. SCOPE OF WORK A. General. Four running horses, slightly larger than life size, in one grouping consisting of three adult horses and one colt. These are to be created from forged and welded steel and are to be wild mustangs that were indigenous to this area after the Spanish explorers arrived in the 1500's. Each horse is to be forged out of mild steel, welded and then coated with a liquid bronze so that various patinas can be applied to create the paint horse look. The bronze finish allows for easy care and maintenance. If one of the sculptures is spray painted all that is necessary to repair the sculpture is to have the paint buffed off and the patina reapplied. B. Location. The group of horses shall be installed at Mackenzie Park at a mutually agreed upon location with the City of Lubbock and the Contractor. C. Schedule. Each horse will require approximately three (3) months to complete. The group of four (4) shall be complete within twelve (12) months of the signing of the Contract. Contract for Mackenzie Park Equine Sculptures Page 1 D. Representatives. For the purpose of this Contract, the representative for the City of Lubbock is Corbin Pemberton and the representative for the Contractor is Steve Teeters. Each party shall notify the other party within five days if either party changes their representative. COMPENSATION Total design, fabrication and installation for all four (4) horses shall be Thirty- eight Thousand and No/100 Dollars ($38,000.00). This includes all fabrication and installation at the designated site. Payment schedule : 25% down to secure materials and to get started 25% when first horse is completed 25% when next two (2) horses are completed 25% when the last horse is completed TERMINATION In the even the Contractor breaches any term and/or provision of this Contract, the City shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, immediate termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. REPRESENTATIVE AND WARRANTIES A. Performance. Contractor will and shall conduct all activities contemplated by this Contract in a good and workmanlike manner, and comply with all laws, rules, and regulations, both state and Federal, relating to development of original art work, as contemplated hereby. If any of the activities of the Contractor, or omissions of the activities required herein, shall cause, in whole or in part, liability or loss on the part of the City, it shall be deemed that the Contractor did not perform said activities (or omitted the performance of said activities) in a good and workmanlike manner. B. Use of Copyrighted Material. Contractor warrants that any materials and products provided by Contractor for use by City pursuant to this Contract shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other similar law. Contractor shall be solely responsible for ensuring that any materials and products provided by Contractor pursuant to this Contract Contract for Mackenzie Park Equine Sculptures Page 2 satisfy this requirement and Contractor agrees to hold City harmless from all liability or loss to which City is exposed on account of Contractor's failure to performs this duty. INDEPENDENT CONTRACTOR STATUS Contractor and City agree that Contractor shall perform the duties under this Contract as an independent contractor. The Contractor has the sole discretion to determine the manner in which the services are to be performed. EMPLOYMENT OF AGENTS Contractor may employ or retain agents, consultants, contractors, or third parties, to perform certain duties of Contractor under this Contract provided that Contractor is in no event relieved of any obligation under this Contract. CONFIDENTIALITY Contractor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. INDEMNITY City of Lubbock shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, in whole or in part, the performance of Contractor under this Agreement, including claims and damages arising in whole or in part from the negligence of City of Lubbock. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect City of Lubbock from the consequences of City's own negligence, whether that negligence is the sole or contributory cause of the resultant injury, death, or damage. COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. Contract for Mackenzie Park Equine Sculptures Page 3 NOTICE A. General. Whenever notice from Contractor to City, or City to Contractor is required or permitted by this Contract and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand, (2) facsimile, or other reasonable means (in which case such notice shall be effective upon delivery), or (3) by depositing the written notice in the Untied States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt required, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Contractor's Address. The Contractor's address and numbers for the purposes of notice are: St. Eligius Studio Attn: Steve Teeters 719 Buddy Holly Avenue Lubbock, Texas 79 Telephone: (806) 741-1590 Facsimile: (806) 744-8507 C. City's Address. The City's address and numbers for the purposes of notice are: City of Lubbock Attn: Corbin Pemberton, Parks and Recreation Department P.O. Box 2000 1010 9`' Street Lubbock, Texas 79457 Telephone: (806) 775-2689 Facsimile: (806) 775-2686 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party, referring specifically to this Contract, and setting forth such new address or numbers. The address or numbers shall become effective on the 15`}' day after such notice is effective. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. Contract for Mackenzie Park Equine Sculptures Page 4 B. Audit. The City may audit, at its expense and during normal business hours, Contractor's books and records with respect to this Contract between the Contractor and City. C. Records. Contractor shall maintain records that are necessary to substantiate the services provided by the Contractor. D. Assignability. Contractor may not assign this Contract without the prior written approval of the City. E. Successor and Assigns. This Contract binds and inures to the benefit of the City, Contractor, and their respective successors, legal representatives, and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly executed by the Contractor and City. I. Entire Agreement. This Contract, contains the Entire Contract between the City and Contractor, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK CONTRACTOR • •R By: ATTEST: Title °'Re ecca ,Garza, C4 rcps ie Park Equine Sculptures Page 5 APPROVED AS TO CONTENT: Corbin Pemberton, Community Projects Manager APPROVED AS TO FORM: Don . Vandiver, fin" First Assistant City Attorney Contract for Mackenzie Park Equine Sculptures Page 6