Urbon, Peter/Art Obelisks 00ART PURCHASE AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and Peter J. Urbon ("Artist"). The parties hereto agree as follows:
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Artist shall provide those services related to furnishing nineteen (19)
obelisks as specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference (the "services" or "work"). Artist warrants that
all services will be performed in a competent, professional, and satisfactory manner
in accordance with the standards prevalent in the industry for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
City of La Quinta and any Federal, State or local governmental agency of competent
jurisdiction.
1.3 Licenses. Permits, Fees and Assessments. Except as otherwise specified
herein, Artist shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by
this Agreement. Artist shall have the sole obligation to pay for any fees, assessments
and taxes, plus applicable penalties and interest, which may be imposed by law and
arise from or are necessary for the performance of the services required by this
Agreement.
1.4 Familiarity with Work. By executing this Agreement, Artist warrants that
(a) it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there
existing, (c) it has carefully considered how the work should be performed, and (d) it
fully understands the facilities, difficulties and restrictions attending performance of
the work under this Agreement. Should Artist discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by
City, it shall immediately inform City of such fact and shall not proceed except at
Artist's risk until written instructions are received from the Contract Officer (as defined
in Section 4.2 hereof).
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1.5 Care of Work. Artist shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work performed by Artist, and the
equipment, materials, papers, plans, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or property, until
acceptance of the work by City, except such losses or damages as may be caused by
City's own negligence. The performance of services by Artist shall not relieve Artist
from any obligation to correct any incomplete, inaccurate or defective work at no
further cost to City, when such inaccuracies are due to the negligence of Artist.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Artist shall perform services in addition to those specified in the Scope of
Services as required to provide the proper completion of furnishing 7' high obelisks to
the specifications and delivery to the location as specified by the City.
• •uW► RUM 9 to]►
2.1 Contract Sum. For the services rendered pursuant to this Agreement, Artist
shall be compensated in accordance with Exhibit "B" in a total amount not to exceed
Seventeen thousand three hundred eighty dollars ($17,380.00) (the "Contract Sum").
The method of compensation shall be as follows:
1" Payment 50% of estimated contract cost at signing = $8,690
Balance within 30 days of final delivery = $8,690
This payment schedule is based on the total contract of $17,380.00. The amount is
subject to change depending on the amount of obelisks purchased by the City, the
numbers of letters utilized, and the number of logos utilized. This estimate is based
on 19 obelisks and the cost quotation submitted by the Artist dated September 25,
2000. These payments are in accordance with Exhibit B "Schedule of Compensation"
and the attachments to Exhibit B entitled "Obelisk Cost" and 2000/2001 La Quinta
Citywide Obelisk Locations. If this project is not completed by the Artist, the Artist
shall refund any payment made by the City above and beyond the scope of services
that were performed to that date.
119RIMMI 1.1 Dili RA
3.1 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and completed by April 1, 2001. Extensions to the time
period specified may be approved in writing by the Contract Officer.
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3.2 Force Maieure. The time period specified in the Schedule of Performance
for performance of the services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Artist, including, but not restricted to, acts of God or of the
public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots,
strikes, freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Artist shall within ten (10) days of the commencement
of such delay notify the Contract Officer in writing of the causes of the delay. The
Contract Officer shall ascertain the facts and the extent of delay, and extend the time
for performing the services for the period of the forced delay when and if in his or her
judgement such delay is justified, and the Contract Officer's determination shall be
final and conclusive upon the parties to this Agreement.
3.3 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of
this Agreement, this Agreement shall continue in full force and effect until completion
of the services.
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4.1 Representative of Artist. The following principals of Artist are hereby
designated as being the principals and representatives of Artist authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection
therewith:
a. Peter J. Urbon
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to enter
into this Agreement. Therefore, the foregoing principals shall be responsible during the
term of this Agreement for directing all activities of Artist and devoting sufficient time
to personally supervise the services hereunder.
The foregoing principals may not be changed by Artist and no other personnel
may be assigned to perform the service required hereunder without the express written
approval of City.
4.2 Contract Officer. The Contract Officer shall be the Public Works
Director/City Engineer or such other person as may be designated by the City Manager
of City. It shall be Artist's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and Artist shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of
the Contract Officer.
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4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of the Artist, its principals and employees were
a substantial inducement for City to enter into this Agreement. Except as set forth in
this Agreement, the Artist shall not contract with any other entity to perform in whole
or in part the services required hereunder without the express written approval of City.
In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of
City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Artist, its agents or employees,
perform the services required herein, except as otherwise set forth. Artist shall
perform all services required herein as an independent contractor of City and shall
remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role. Artist shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of
City.
5.1 Reports. Artist shall periodically prepare and submit to the Contract Officer
such reports concerning Artist's performance of the services required by this
Agreement as the Contract Officer shall require.
5.2 Records. Artist shall keep such books and records as shall be necessary to
perform the services required by this Agreement and enable the Contract Officer to
evaluate the cost and the performance of such services. Books and records pertaining
to costs shall be kept and prepared in accordance with generally accepted accounting
principals. The Contract Officer shall have full and free access to such books and
records at all reasonable times, including the right to inspect, copy, audit, and make
records and transcripts from such records.
5.3 Ownership of Documents and Materials. Originals of all drawings,
specifications, reports, records, documents and other materials, whether in hard copy
or electronic form, tooling including but not limited to sculpted City logo in Bas relief,
sculpted obelisk pattern, and silicone mold, which are prepared by Artist, its
employees, subcontractors and agents in the performance of this Agreement, shall be
the property of City and shall be delivered to City upon termination of this Agreement
or upon the earlier request of the Contract Officer, and Artist shall have no claim for
further employment or additional compensation as a result of the exercise by City of
its full rights of ownership of the documents and materials hereunder. Artist shall
cause all subcontractors to assign to City any documents or materials prepared by
them, and in the event Artist fails to secure such assignment, Artist shall indemnify
City for all damages suffered thereby.
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In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Artist for the
specific purpose intended and causes to be made or makes any changes or alterations
in said documents and materials, City hereby releases, discharges, and exonerates
Artist from liability resulting from said change. The provisions of this clause shall
survive the completion of this Contract and shall thereafter remain in full force and
effect.
5.4 Release of Documents. The drawings, specifications, reports, records,
documents, sculpted City logo, sculpted obelisk pattern, silicone mold, and other
materials prepared by Artist in the performance of services under this Agreement shall
not be released publicly without the prior written approval of the Contract Officer or
as required by law. Artist shall not disclose to any other entity or person any
information regarding the activities of City, except as required by law or as authorized
by City.
6.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim or matter arising out of or
in relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and Artist
covenants and agrees to submit to the personal jurisdiction of such court in the event
of such action.
6.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting
a claim therefor. The injured party shall continue performing its obligations hereunder
so long as the injuring party commences to cure such default within ten (10) days of
service of such notice and completes the cure of such default within forty-five (45)
days after service of the notice, or such longer period as may be permitted by the
Contract Officer; provided that if the default is an immediate danger to the health,
safety and general welfare, City may take such immediate action as City deems
warranted. Compliance with the provisions of this section shall be a condition
precedent to termination of this Agreement for cause and to any legal action, and such
compliance shall not be a waiver of any party's right to take legal action in the event
that the dispute is not cured, provided that nothing herein shall limit City's right to
terminate this Agreement without cause pursuant to Section 7.8.
6.3 Retention of Funds. City may withhold from any monies payable to Artist
sufficient funds to compensate City for any losses, costs, liabilities, or damages it
reasonably believes were suffered by City due to the default of Artist in the
performance of the services required by this Agreement.
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6.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non defaulting party on any default shall impair such right or remedy or be construed
as a waiver. City's consent or approval of any act by Artist requiring City's consent
or approval shall not be deemed to waive or render unnecessary City's consent to or
approval of any subsequent act of Artist. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same
or any other provision of this Agreement.
6.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times,
of any other rights or remedies for the same default or any other default by the other
party.
6.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
6.7 Termination Prior to Expiration of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following Section
7.8 for termination for cause. City reserves the right to terminate this Agreement at
any time, with or without cause, upon thirty (30) days' written notice to Artist. Upon
receipt of any notice of termination, Artist shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer. Artist
shall be entitled to compensation for all services rendered prior to receipt of the notice
of termination and for any services authorized by the Contract Officer thereafter in
accordance with Exhibit B or such as may be approved by the Contract Officer, except
as provided in Section 7.3.
6.8 Termination for Default of Artist. if termination is due to the failure of Artist
to fulfill its obligations under this Agreement, City may, after compliance with the
provisions of Section 7.2, take over work and prosecute the same to completion by
contract or otherwise, and Artist shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein
stipulated (provided that City shall use reasonable efforts to mitigate such damages),
and City may withhold any payments to Artist for the purpose of setoff or partial
payment of the amounts owed City as previously stated in Section 7.3.
6.9 Attorneys' Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs of suit from the losing party.
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7.1 Non -liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Artist, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to Artist or to its
successor, or for breach of any obligation of the terms of this Agreement.
7.2 Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her personal
interest or the interest of any corporation, partnership or association in which she or
he is, directly or indirectly, interested, in violation of any State statute or regulation.
Artist warrants that it has not paid or given and will not pay or give any third party any
money or general consideration for obtaining this Agreement.
7.3 Covenant against Discrimination. Artist covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on
account of race, color, creed, religion, sex, marital status, national origin or ancestry
in the performance of this Agreement. Artist shall take affirmative action to insure
that applicants are employed and that employees are treated during employment
without regard to their race, color, creed, religion, sex, marital status, national origin
or ancestry.
8.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall be
in writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. Either party may change its address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Chris A. Vogt
78-495 Calle Tampico
P.O. Box 1504
La Quinta, California 92253
To Artist:
Peter J. Urbon
Post Office Box 874
Rancho Mirage, CA 92270
8.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understanding, negotiations and agreements are integrated
into and superseded by this Agreement.
8.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
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8.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid
or unenforceable by a valid judgement or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties
hereunder.
8.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of
said parties and that by so executing this Agreement the parties hereto are formally
bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
/�Ls��✓� /O- /� - coo 0
Thomas P. Genovese, City Manager Date
ATTEST:
--
APPROVED AS TO FORM:
M. KatVerine Jenson, City Atib�rney
Artist:
i
Title: y E' -1_d R,-
Date: -3- o" - —�, Z 0O®
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Exhibit A
Scope of Services
The Scope of Services includes, but is not limited to, all labor and materials to
complete the manufacture and delivery of nineteen (19) 7' high Urbonite obelisks.
This includes, but is not limited to: the tooling, production, and delivery to a City
specified site (City Yard).
The obelisks shall be 7' high with a rough finish and match the color chosen by the
City Council during their July 7, 1998 City Council Meeting. The locations and
installation shall be the responsibility of the City. The lettering shall be as indicated
by the City.
In addition to the lettering, a 6" City logo at the top of each face of each obelisk shall
be formed in Bas Relief made from a gold leaf material or equivalent. The logo shall
be an exact replica of the official City logo; however, the lettering around the perimeter
of the logo shall not be present. The lettering shall be vertical capital letters of a
reflective material, cast monolithic to the obelisk, type "HM" style as submitted by
Artist. Each City logo shall be completed in a gold leaf material as approved by the
City Council during their July 7, 1998 City Council Meeting, commensurate with the
City's official logo and formed into face of each obelisk, but without the lettering
around the perimeter. The year of the obelisks manufacture shall be at the base of
each obelisk in the same form as completed for the original thirteen obelisks completed
under the 1998 obelisk contract.
Exhibit B
Schedule of Compensation
Payment shall be in full at the rates listed in the Obelisk Costs attached and made part
of Exhibit B for the actual work completed in conformance with Section 2.2 of the
Agreement. Total compensation for all work under this contract shall not exceed
Seventeen thousand three hundred eighty dollars ($17,380.00) except as specified in
Section 1.6 - Additional Services of the Agreement.
1 t Payment 50% of estimated contract cost at signing = $8,690
Balance within 30 days of final delivery = $8,690
�-
Obelisk
-October
LOGOS
Cost
4, 2000
Lettg No.of Lttrs f Cost
$3.75/1-ttr
Total
Obelisk
Casting
1
.00
160.00
4 sides
46
$732.50
2
$400.00
--
$160.00
4 sides
42
46
38
- -�
$157.50
$717.50
3
$400.00
$160.00 -.4
$160.00
sides --+
4 sides
$172.50
$732.50
4
$400.00
$142.50
$702.50
5
$400.00
$160.00
4 sides
44
44
$165.00
$725.00
6
$400.00
$160.00
4 sides
$165.00
$725.00
7
$400.00
$160.00
4 sides
- -----------------------
48
$180.00
$740.00
8
9
$400.00
$400.00
$160.00
$160.00
4 sides
4 sides 1
42
48
$157.50
$717.50
$180.00
$740.00
10
11
$400.00
$400.00
$160.00
$16_0.00
4 sides
I4 sides
46
40
f
$172.50
$732.50
$150.00
$710.00
12
$400.00
$120.00
13 sides +
32
$120.00
$640.00
13
14
$400.00
$400.00
$160.00 14 sides t
$160.00 _G4 sisides
$160_00 4 sides
$160.00 14 sides
$160.00 i 4 sides
$160.00 � 4 sides
$160.00 4 sides
i
__-- --
32
42
38
46
46
52
36
M
_
-
$120.00
$157.50
$142.50
$172.50
$172.50
$195.00
$135.00
Sub total=
Toolin =
Total =
$680.00
$717.50
15
$400.00
$702.50
16
$400.00
$400.00
$732.50
$732.50
_ 18
$400.00
$755.00
19
$400.00
$695.00
$13 630.00
$3 750.00
$17 380.00
2000/2001
La Quinta Citywide Obelisk Locations
Obelisk
Location
Obelisk
Wording
No.
Face
1
Southeast Corner of Washington Street/Sagebrush
North
Sagebrush Dr.
South
Sagebrush Dr.
East
Washington St.
West
Washington St.
2
Southeast Corner of Date Palm/Sagebrush
North
Sagebrush Dr.
South
Sagebrush Dr.
East
Date Palm Dr.
West
Date Palm Dr.
3
Northwest Corner of Date Palm/Bottlebrush
North
Bottlebrush Dr.
South
Bottlebrush Dr.
East
Date Palm Dr.
West
Date Palm Dr.
4
Northwest Corner of Saguaro/Date Palm
North
Saguaro Dr.
South
Saguaro Dr.
East
Date Palm Dr.
West
Date Palm Dr.
5
Southeast Corner of Vista Grande/Jefferson
North
Vista Grande
South
Vista Grande
East
Jefferson St.
West
Jefferson St.
6
Southwest Corner of Calle Serena/Vista Grande
North
Vista Grande
South
Vista Grande
East
Calle Serena
West
Cane Serena
7
Southeast Corner of Vista Grande/Via Tranquillo
North
Vista Grande
South
Vista Grande
East
Via Tranquillo
West
Via Tranquillo
8
Northeast Corner of Palm Circle/Jefferson
North
Palm Circle
South
Palm Circle
East
Jefferson St
West
Jefferson St
9
Southwest Corner of Westward Ho/Roadrunner
North
Westward Ho Dr
Lane
South
Westward Ho Dr
East
Roadrunner Ln
West
Roadrunner Ln
10
Southeast Corner of Horseshoe/Roadrunner Lane
North
Horse Shoe Ln
South
Horse Shoe Ln
East
Roadrunner Ln
West
Roadrunner Ln
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Obelisk
I
Location
I
Obelisk
Wording
No.
Face
11
Southeast Corner of Fiesta/Roadrunner Lane
North
Fiesta Dr
South
Fiesta Dr
East
Roadrunner Ln
West
Roadrunner Ln
12
Southeast Corner of Roadrunner Lane/Cortez
North
Cortez Ln
East
Roadrunner Ln
West
Roadrunner Ln
13
Northeast Corner of Cortez/Roudel Lane
North
Cortez Ln
South
Cortez Ln
East
Roudel Ln
West
Roudel Ln
14
Southwest Corner of Fiesta/Hummingbird
North
Fiesta Dr
South
Fiesta Dr
East
Hummingbird Ln
West
Hummingbird Ln
15
Northwest Corner of Fiesta/]efferson
North
Fiesta Dr
South
Fiesta Dr
East
Jefferson St
West
Jefferson St
16
Southeast Corner of the South entrance to the
North
Dune Palms M.H.P.
Mobile Home Park at Dune Palms Road
South
Dune Palms M.H.P.
East
Dune Palms Rd
West
Dune Palms Rd
17
Southeast Corner of the North entrance of the
North
Dune Palms M.H.P.
Mobile Home Park and Dune Palms Road
South
Dune Palms M.H.P.
East
Dune Palms Rd
West
Dune Palms Rd
18
Culdesac on Carranza
North
Bear Creek Path
South
Bear Creek Path
East
Bear Creek Path
West
Bear Creek Path
19
Corner of Calle Tecate/Cove Oasis
North
Cove Oasis
South
Cove Oasis
East
Cove Oasis
West
Cove Oasis
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