Contractual Agreement between the Col. Albert Pawling Memorial Statue Committee and Patrick Pigott

Transcription

1 Contractual Agreement between the Col. Albert Pawling Memorial Statue Committee and Patrick Pigott This three year (3) agreement was made on January 28th 2014 between two parties: 1

2 CONTRACT AND AGREEMENT COL. ALBERT PAWLING MEMORIAL STATUE COMMITTEE (CAPMSC) & PATRICK PIGOTT (SCULPTOR) WHEREAS: The Col. Albert Pawling Memorial Statue Committee (CAPMSC) has agreed to commission Patrick Pigott (hereinafter Sculptor ) to create an original seven (7) foot bronze statue of Col. Albert Pawling, to include a 3x3x3 granite base and four (4) bronze plaques, the parties hereby contract and agree to the following terms: I. DESIGN AND APPROVAL 1.1 The parties understand that Col. Albert Pawling Memorial Statue must be historically accurate and match the bust portrait of Col. Albert Pawling. Below the chest, clothing, and body structure must be historically accurate and approved by CAPMSC. 1.2 On January 8th, 2014, the CAPMSC did approve the design of the Col. Albert Pawling Statue as provided by Sculptor.* The statue design, which includes a granite base and four (4) plaques, is hereby approved by CAPMSC in all respects. 1.3 As indicated in the attached design document, the statue will be on a 3x3x3 granite pedestal with an eight (8) foot underground foundation. The foundation of the statue has been provided by the City of Troy, New York. The statue itself will be seven (7) feet tall. The material of the statue will be bronze. There will be four (4) bronze plaques on each side of the pedestal. 1.4 Any changes to the aforementioned design or materials to be used must be approved in writing by CAPMSC prior to commencement of the work. * See addendum of statue design. II. PROJECT DETAILS AND PAYMENT 2.1 The Project (hereinafter Project ) includes all design and construction of the seven (7) foot bronze statue, 3x3x3 granite pedestal, including but not limited to labor, fabrication, materials, tools, designing of the plaques, all donation awards, (with the exceptions of the 28 maquettes), and transportation and delivery of the finished seven (7) foot statue to the site. 2.2 The Col. Albert Pawling Memorial Statue will be delivered and installed on the City of Troy's property located at the intersection of Pawling Ave, Congress Street and Brunswick Road (hereinafter Site ). The foundation for the statue has been completed by the City of Troy. 2.3 As payment for the total Project, CAPMSC agrees to pay, and Sculptor agrees to accept, the sum of $ Any expense that exceeds that contracted amount will be the Sculptor's responsibility, unless expressly agreed to by the parties. 2

3 2.4 As part of the Project, Sculptor agrees to create four representative bronze plaques as follows: 1.The Front Plaque* represents a relief of Troy's industry(burden Water Wheel), Education (Emma Hart Willard Statue) and Government (The second Rensselaer County Courthouse), it also includes the City of Troy seal, motto and the name TROY. 2.The Right Plaque* represents Col. Albert Pawling's Military service. This will include his service dates, and paragraph(s) of his military service. The plaque also includes a relief of the the American Revolution Symbol (Eag le and Stars). 3.The Left Plaque* represents Col. Albert Pawling's civilian life. This will include important dates and civilian contributions to Troy. This plaque also includes a relief of Troy's coat of arms. 4.The Back Plaque represents the CAPMSC members, the selection committee, the sculptor and Honorary Benefactors to the projects. This plaque's design will be visited once the sculptor reaches the phase of making the plaques. CAPMSC reserves the right to approve all plaque designs and changes to those designs prior to any construction or fabrication. Any expenses associated with work performed prior to CAPMSC design approval is the responsibility of the Sculptor. * See addendum for images of the plaques. The Military and Civilian Plaque paragraphs will be written/edited by a four person sub-committee of the CAPMSC. 2.5 CAPMSC will coordinate and execute all fundraising for payment of the statue according to need. The parties recognize that funding for this project will be provided by private donations. CAPMSC and Sculptor agree that Sculptor will receive payment in four phases, as follows: Phase 1: $5,000 for third scale model sculpting, molds, casts. Phase 2: $15,000 for enlargement and final sculptures. Phase 3. $43,000 goes into three vendors, estimates as follows: Vendor 1: $30,200 for bronze molding, casting, patina, delivery. Vendor 2: $9,800 for four (4) plaques. Vendor 3: $3,000 for granite base. Phase 4: $5,000 upon delivery of the statue to the Site and approval of the statue by CAPMSC. 2.6 There is no schedule of payments other than what is indicated above. The CAPMSC will pay the Sculptor each full phase amounts once the funds are raised and the previous phase completed. III. DONATION AWARDS 3.1 Sculptor and CAPMSC agree to the following Donation Awards for the specified levels of giving. For each donation between $30 and $4,999, the Sculptor agrees to construct deliver to CAPMSC the gift that corresponds to the donation level. The cost of creation and 3

4 manufacture of these items are included in the Contract price: 1. $30 - $99: 8.5 x 14 print of the design of the Col. Albert Pawling Statue. 2. $100 - $249: A 2.5' medallion cold cast bronze 3. $250 - $499: A bronze dust Bust with a plaque attached to the bust's base. 4. $500 - $4,999: Name on the honorary plaque and previous awards 3.2 For each donation of $5,000 to $9,999, the Sculptor shall construct and deliver a 28 resin maquette of the Col. Pawling statue, and engrave said donor s name on the Honorary Plaque. For construction and delivery of each resin maquette, CAPMSC will pay the Sculptor an additional $1, For each donation $10,000 and above, the Sculptor shall construct and deliver a 28 bronze maquette of the Col. Pawling statue, and engrave said donor s name on the Honorary Plaque. For construction and delivery of each bronze maquette, CAPMSC will pay the Sculptor an additional $3,000. IV. DELIVERY 4.1 The Sculptor is responsible for the packing, transport, and physical delivery, and any expenses associated therewith, of the finished and approved statue to the Site. 4.2 Sculptor agrees to accept any and all liability resulting from packing, transport, and physical delivery of the statue to the Site, and Sculptor agrees to defend and hold harmless CAPMSC for any claims arising out of said transportation. Sculptor agrees to procure transit insurance for the full value of the statue prior to transport to the site, and agrees to provide CAPMSC with documentation of said insurance prior to transport. 4.3 CAPMSC assumes responsibility for the statue upon delivery and approval. CAPMSC is responsible for installation and all costs associated with installation once the statue is approved and on Site. CAPMSC is responsible for any licenses and permits needed upon delivery to the Site. CAPMSC is responsible for any incidental expenses and insurance upon delivery and approval. 4.4 The Sculptor agrees to oversee CAPMSC s installation of the sculpture and provide guidance as needed, although the Sculptor will not be liable for any damages incurred as a result of said installation. V. COMPLETION DATE 5.1 CAPMSC is desirous of having the statue delivered, installed and ready for the public eye on Friday, April 15th, The Sculptor agrees work in good faith to achieve this goal. Sculptor agrees to provide CAPMSC with periodic updates on progress throughout the Project, and specifically agrees to inform CAPMSC at least six (6) months prior to April 15, 2016 if the Project cannot be completed and delivered by April 1,

5 VI. COPYRIGHTS 6.1 The copyright of the Statue image will be retained by the sculptor, but provisions will be made for the use of the image by the City of Troy, New York. VII. GENERAL PROVISIONS 7.1 This Contractual Agreement may only be amended with both parties consent in writing. 7.2 If any provision of this Contract or the application thereof to any person or entity shall, to any extent, be determined to be invalid or unenforceable, the remainder of the Contract documents shall not be affected thereby and each provision of the Contract shall be valid and enforced to the fullest extent permitted by law. 7.3 The parties agree that any disputes or claims arising out of this Contract shall be governed by the laws of the State of New York and any legal action brought shall be commenced in the Courts of the State of New York. 7.4 This Settlement sets forth the entire agreement between the parties hereto, and fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof. IN WITNESS WHEREOF, the undersigned parties have executed this document as dated below. Hon. Gary L. Pavlic, Co-Chair, CAPMSC STATE OF NEW YORK COUNTY OF RENSSELAER ) ) ss: On the day of, 2014, before me, the undersigned, personally appeared GARY L. PAVLIC, personally known to me or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed same in his/her capacity, and by his/her signature on the instrument, the individual executed the instrument. Notary Public- State of New York 5

6 Adam J. Sanzone, Co-Chair, CAPMSC STATE OF NEW YORK COUNTY OF RENSSELAER ) ) ss: On the day of, 2014, before me, the undersigned, personally appeared ADAM J. SANZONE, personally known to me or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed same in his/her capacity, and by his/her signature on the instrument, the individual executed the instrument. Notary Public- State of New York Patrick Pigott, Sculptor STATE OF NEW YORK ) COUNTY OF RENSSELAER ) ss: On the day of, 2014, before me, the undersigned, personally appeared PATRICK PIGOTT, personally known to me or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that they executed same in his/her capacity, and by his/her signature on the instrument, the individual executed the instrument. Notary Public- State of New York 6

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8 Three (3) Plaques Front 8

9 Left Plaque 9

10 Right Plaque 10