RESOLUTION

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the Mayor be authorized to sign a Service Agreement between the City of EI Paso and theKronkright Center for Cultural Materials, Inc., for the restoration of the Luis Jimenez sculpure, LosLagartos, at the San Jacinto Plaza in Downtown EI Paso. The Contractor shall receive $24,150.00for providing such services to the City, and the period of services shall be from March 31, 2003through April 11, 2003.

PASSED AND APPROVED this 25th day of February, 2003.

ATIEST:

Cltycr:f.~APPROVED AS TO FORM: APPROVED AS TO CONTENT:=:.......,-?

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J~~-Assistant City Attomey

AlejandfiJifii6rew;-orrector-- ..Arts & Culture Department

STATE OF TEXAS §§

COUNTY OF EL PASO §SERVICE AGREEMENT

THIS Service Agreement ("Agreement") is entered into the date written on thesignature page ("Effective Date") between the following Parties:

CITY The City of EI Paso, Texas, .a Texas municipal corporation, and

CONTRACTOR Kronkright Center for Cultural Materials, Inc.,.a New Mexico corporation.

RECITALS

The City has determined that it requires the assistance of Contractor to performrestoration and conservation treatment on the Luis Jimenez sculpture, Los Lagartos, atSan jacinto Plaza in Downtown EI Paso.

Contractor has experience and expertise in restoration and conservation of suchsculptures. and is qualified to provide the services required by the City.

FOR THESE REASONS, AND IN CONSIDERATION OF THE MUTUALPROMISES CONTAINED IN TmS AGREEMENT, THE PARTIES AGREE ASFOLLOWS:

ARTICLE ONEContractual Relationship

1.1 The City agrees to engage Contractor, and Contractor hereby agrees to performservices as required under this Agreement.

1.2 Contractor is an independent contractor. Except as may be expressly andunambiguously provided in this Agreement. no partnership or joint venture is intended to becreated by this Agreement, nor any principal-agent or' employer-employee relationshipbetween the Parties or any of their officers, employees, agents or contractors.

1a Contractor shall not receive any compensation or benefits from the City, other thanas expressly set forth in this Agreement or in a subsequent written agreement that is signedby both parties.

1.4 Contractor does not have, and will not attempt to assert, the authority to makecommitments for orto bind the City to any obligation other than the obligations set forth inthis Agreement or in any subsequent written agreement that is signed by both parties.

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ARTICLE TWOScope of Services

2.1 Contractor will perform those services ("the Services") necessary to restore andprovide long-term conservation treatment for the Luis Jimenez sculpture, Los Lag artos ,located at San Jacinto Plaza in Downtown El Paso. Contractor shall perform the Serviceson site at San Jacinto Plaza. A detailed statement of the Services to be providedhereunder is contained in Exhibit "A," attached hereto and by this reference made a parthereof. The Services are scheduled to be performed commencing March 31, 2003, andconcluding April l l , 2003.

2.2 All aspects of Contractor's Services shall be coordinated with the Director of theCity's Arts and Culture Department, who shall use best efforts to facilitate the successfulcompletion of Contractor's services and shall not unnecessarily impede Contractor'sefforts.

ARTICLE THREETerm and Termination

3.1 Term. Regardless of the date of execution, the Agreement will be in effect for a"Term" period from and including the Effective Date until terminated in accordance withthis Article Three.

3.2 Unilateral Termination. The City may unilaterally terminate the Agreement forreasonable cause at any time, upon 30 days' written Notice to Contractor in accordanceherewith. In the event the City terminates this Agreement, Contractor shall be entitled tocompensation for services performed and approved expenses incurred, prior to thetermination. In the event Contractor violates any of the terms of this Agreement, the Citymay terminate the Agreement without notice.

3.3 Termination by Mutual Consent. The Parties may terminate the Agreement bymutual consent upon such terms as they may agree in writing.

3.4 Time of Performance- Force Majeure. The Services shall be undertaken andcompleted as appropriate to carry out the purposes of this Agreement. Except as otherwiseprovided, neither Contractor nor the City shall be liable to the other for any delay in, orfailure of performance, of any requirement contained in this Agreement caused by forcemajeure. The existence of such causes of delay or failure shall extend the period ofperformance in the exercise of reasonable diligence until after the causes of delay orfailure have been removed. "Force majeure" includes those causes generally recognizedunder Texas law as constituting impossible conditions.

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·,ARTICLE FOURFees and Expenses

4.1 E.!s.. Contractor agrees to perform the Services contemplated hereunder for alump sum fee of Twenty-Four Thousand One Hundred Fifty and nol100 Dollars($24,150.00).

4.2 Payment. The City agrees to pay Contractor within ten (10) days following theexecution of this Agreement one-half the fee described in Section 4.1 above. Uponsatisfactory completion of the Services and within thirty (30) days of receipt by the City ofan itemized statement for the Services rendered under this Agreement, the City shall payContractor the remaining one-half of the fee amount due hereunder.

ARTICLE FIVEIndemnification

Contractor expressly agrees to indemnify and hold harmless the City with respect toany and all liabilities, damages, suits, causes of action, judgments and obligationsresulting directly or indirectly from any negligence, gross negligence, intentional act,malpractice or willful misconduct on the part of Contractor, its employees,subcontractors, agents or representatives in the rendering of the Services under thisAgreement.

ARTICLE SIXGeneral Administrative Provisions

6.1 Governmental Function. Contractor expressly agrees that, in all things relating tothis Agreement, the City is performing a governmental function, as defined by the TexasTort Claims Act. The Parties hereby agree that the City enters into this Agreement in itscapacity as a governmental entity for the purpose of performing a governmental function.

6.2 City Not Obligated to Third Parties. The City shall not be obligated or liablehereunder to any person other than Contractor.

6.3 Modification of Agreement: No waiver or modification of this Agreement or of anycovenant, condition, or limitation herein contained shall be valid unless in a writing of equaldignity hereto. No evidence of any waiver or modification shall be offered or received inevidence of any proceeding arising between the Parties out of or affecting this Agreement,or the rights or Obligations of the Parties under this Agreement, unless such waiver ormodification is in writing of equal dignity hereto. The Parties further agree that theprovisions of this section 6.3 cannot be waived.

6.4 Complete Agreement. This Agreement contains the complete agreement betweenthe Parties concerning the Services.

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6.5 Severability. All agreements and covenants contained herein are severable, and inthe event any of them, with the exception of those contained in Articles One, Two, Four,and Five, shall be held to be invalid by any competent court, this Agreement shall beinterpreted as though such invalid agreements or covenants were not contained therein.

6.6 Choice of Law. It is the intention of the Parties that this Agreement be construed inaccordance with and under the laws of the State of Texas.

6.7 Place of Performance. The place where such services are to be performed is in theCity and County of El Paso, State of Texas, or in such cities, states or nations as the Citymay require or permit. Venue shall be in El Paso County.

SIGNED this 25th day of February ,2003.

CITY OF EL PASO

Raymond C. Caballero, MayorAITEST:

City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

~~~J~anceAssistant City Attorney

Alejandrina Drew, DirectorArts and Culture Department

KRONKRIGHT CENTER FORCULTURAL MATERIALS, me

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EXHIBIT "A"

Scope of Services

Conservation Treatment Steps for "Los Lagartos" fiberglass sculpture by Luis Jimenez,owned by the City of EI Paso:

For the duration of the conservation treatment of the "Los Lagartos" sculpture, the Cityof EI Paso will provide access to municipal water and electricity at the work site. TheCity of EI Paso will also provide for the parking of a van and a work trailer on the SanJacinto Plaza for the duration of the conservation treatment.

1. Before treatment digital photo documentation and mapping areas of existing damageand loss will be conducted to facilitate long-term monitoring of condition. A digital CD ofthe treatment photo documentation will be provided to the City of EI Paso ArtsResources Department in the final report.

2. A small scaffolding system will be erected to provide 'Safe and stable treatmentaccess to higher surfaces of the sculpture without standing or climbing on the sculptureitself. The sculpture should not be stood upon or climbed on during any treatment toprevent abrasion and possible fracture or failure of the gel-coat and paint-clear coatfinish system. The scaffolding will have proper signage and plastic fencing to preventunauthorized, after-hour use or vandalism.

The City of EI Paso must provide permitting and access to allow for the erection ofscaffolding around the sculpture. This access and permit will need to be in place duringthe entire term of the conservation treatment.

3. The SCUlpturewill next be overall, hand wet-cleaned using mild and environmentallysafe anionic or non-ionic detergents in water to remove street grime, deteriorated wax,insect debris and bird guano. Areas of mineralized and cross-linked wax coating thatprove resistant to removal with surfactant alone will be softened and removed using adilute sodium carbonate solution and agitation with soft tampico or nylon bristle brushes.The inclusion of quaternary ammonium chlorides in the initial cleaning solutions willsafely mitigate possible risk of bacterial infection to conservation workers. Solid birdguano waste will be disposed of in compliance with local, state and federal solid wasteregulations. This phase of treatment will also likely remove any areas of unstablecleaving clear coat and paint layers that have been damaged by previous pressurewashing, mineral crusts, mechanical damage and weathering.

In this and all subsequent wet treatment phases, the City of EI Paso will provideapproval for the use of all cleaning agents and provide for safe and permitted (ifnecessary) disposal of all solutions in the city sewage treatment system, or make other,comparable provisions. The City of EI Paso will also provide for the safe and permitted(if necessary) disposal of guano waste cleaned from the sculpture and fountain.

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4. Mineral crusts and green algae staining will be safely removed using a mild, non-hazardous citric acid solution or gel in combination with sustained dwell time andmechanical agitation, using soft tampico or nylon bristle brushes. In on-sight tests, a3% citric acid solution proved satisfactory. The dissolution and softening is acceleratedwith warmer surface temperatures. Because of the inherent dryness of EI Paso, thegells will be covered with plastic films to slow evaporation and improve the efficacy ofthe treatment. The same treatment will be carried out on the exterior decorative glazedtile on the fountain base to remove mineral crusts.

5. The sculpture will be surfactant washed a second time and thoroughly rinsed, thenimmediately hand dried with a soft, damp chamois to reduce water spotting.

6. The bolts attaching the fiberglass 3waterfall2 section providing access to the interiorof the sculpture will be removed and the section opened for inspection. The section willbe braced, wrapped and secured to prevent accidental damage. The interior frameworkand fiberglass skin should examined for evidence of structural damages, water damageand insect damage and the condition carefully documented and photographed. Thereare often numerous small holes through the fiberglass skins as a result of rock impact.Other fissures through the fiberglass skin often occur at structural cracks and breaks atseams. These fissures result in water migration into the interior. A remedial number ofinterior fissures (10% of the interior surface area or less) will be sealed with a polyesteror epoxy resin system having thermal expansion properties close to those of the originalfiberglass construction. If more substantial damage is discovered in the interior of thesculpture, Kronkright CCM, Inc., will notify the City of EL Paso Arts ResourcesDepartment so that they may consider prudent action and/or an amendment to thiscontract. The neoprene spacer washers and expansion bolts securing the sculpture tothe fountain will be examined for failures or deterioration and replaced wherenecessary.

FOllowing remedial interior stabilization measures, the fiberglass "waterfall" componentwill be properly reattached and re-bolted to the main body of the sculpture. All boltsshould be stainless steel #25 hex bolts painted to match the original surrounding colors.The bolts and nuts should be heavily greased with white lithium, high-temperaturegrease.

7. Shallow scratches, chips and graffiti markings will be polished out of the clear-coatby hand, where possible, using MicroMesh ultra-fine polishing cloths. Where surfacedamages penetrate through the clear coats, paints, gel-coat and, occasionally thefiberglass, surfaces will first be cleared of unstable, cleaving finishes and then filledwhere necessary with two-part full weather structural epoxy putty having thermalexpansion properties similar to the original construction materials. The fills will befinished to produce a surface similar to the surrounding gel-coat.

8. Peeling or cleaving MAP paints and clear coatings will be polished back to stableand secure paints at the margins of the losses at open or expanded seams and areas

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with rigid deformations where the original gel-coat resin had not properly cured. Anyareas where black algae growth may have expanded beneath the paint layers, resultingin blind cleavage of the paint will be removed back to areas of solid adhesion. Deeplosses will be filled with two-part, full weather structural epoxy putty and wet-polished toproduce a surface similar to the surrounding gel-coat.

9. All undamaged areas of the sculpture will be wet-polished using 1000 and 1200MicroMesh cloths to remove all remnants of deteriorated finishes and wax coating andhelp provide the best possible adhesion for an isolating layer of clear coat. An isolatinglayer will cover and protect all original work and separate remaining original surfacesfrom compensation and restoration colors. Three coats of MAP gloss clear coat acrylicdiisocyanate finish will be applied over the entire sculpture to a final dry isolation coatingthickness of approximately 2 mils.

10. MAP acrylic/diisocyanate colors must be custom matched to reproduce the three-and tour-layers of color required to inpaint filled and sanded areas to match theirsurrounding colors. Generally a base color will be applied followed by applications oftwo and sometimes three colors that create high- and low- relief shifts in hue and value.Dry film thicknesses (hereafter DFT) in areas of inpainting should be a minimum of 1.5mils.

Because numerous layers of paint and clear coat have been lost across many areas ofthe sculpture, original colors and layering can be difficult to determine. The artist, LuisJimenez should be contracted by the City of EI Paso Art Resources Department for twodays to direct the conservators and assist with the inpainting of these areas. KronkrightCeM, Inc., will not contract with the artist for these services under the terms of thiscontract.

11. All surfaces will again be wet polished lightly using 1000 and 1200 MicroMeshpolishing cloths to help provide good mechanical adhesion of final MAP clear glossacrylic/diisocyanate finish. Three coats of MAP clear gloss will be applied to allsurfaces to provide a minimum 2 mil dry film thickness. Additional coats will be appliedto all high-weather horizontal surfaces that had previously exhibited weather-relatedpeeling of the clear coating to establish a minimum of 3 mils OFT.

The artist, Luis Jimenez, concurred with Dale Kronkright, chief conservator, during thesurvey phase that areas protected by multiple coats of clear gloss hydroxy-acrylic/diisocyanate equaling 2 mils or greater DFT in the cured coat preferentiallywithstand weathering over a 15 year pence. The artist feels that the total thickness ofthe isolation barrier coats and the top coats applied over inpainting should never be lessthan a minimum of 3 mils OFT.

12. Removal of the scaffolding. After treatment digital photo documentation and finalwritten treatment report.

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13. Provision of a detailed periodic maintenance protocol to the City of EI Paso ArtsResources Department.

SCHEDULE OF COSTS

The costs for "Los Lagartos" conservation treatment:$18,800 labor and materials for 12 days of conservation treatment$4,200 transport, travel and per diem for three people in EI Paso for 14 days$1,150 tax (New Mexico)

TOTAL ESTIMATE: $24,150.00

Price estimate includes all transportation, materials, equipment and scaffold.

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