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HomeMy WebLinkAbout20058 RES - 11/10/1987A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BILL WILHELMI AND GREG REUTER FOR THE COMMISSIONING OF A PERMANENT WORK OF ART FOR THE ATRIUM FLOOR OF THE NEW CITY HALL; AND APPROPRIATING $15,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an agreement with Bill Wilhelmi and Greg Reuter for the commissioning of a permanent work of art for the atrium floor of the new City Hall, all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That there is hereby appropriated $15,000 from the Permanent Art Trust Fund applicable to Project 111-000-243.61, Atrium Floor New City Hall. ATTEST: M��� City Secretary OR (�J THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: .7e:64 DAY OF 0 G1ober , 19 8-7 HAL GEORGE, CITY ATTORNEY By n ( 4 Assistant City Attorney 08P.164.01 zooss MICROFILMED THE STATE OF TEXAS COUNTY OF NUECES AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK § KNOW ALL MEN BY THESE PRESENTS: This ARTWORK AGREEMENT entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation (hereinafter referred to as "City") and WILLIAM WILHELMI d/b/a W Studio and GREGORY REUTER (hereinafter referred to as "Artists"): WITNESSETH: 1. The City hereby contracts with the Artists to provide their personal and professional services in designing and constructing a permanent work of art as described in the attached Plans and Specifications (the "Artwork"), which are incorporated herein by reference, in the central atrium area of the first floor of the new city hall. The Artists agree to do all work as provided in the attached Plans and Specifications and shall do such additional work as may be reasonably necessary to complete the work in accordance with said Plans and Specifications. The Artists shall furnish all labor, tools, material, machinery, equipment and incidentals reasonably necessary to the execution of the work unless otherwise provided in this agreement. The Artwork shall be completely installed in the new City Hall by January 31, 1987 with a two-week grace period insuring final completion by February 14, 1987. 2. The City hereby warrants that the Artists are selected, and funding appropriated for this project by the City through the procedures duly adopted by .the City and the Municipal Arts Commission in connection with public art in Corpus Christi. 3. The City shall pay the Artists a fixed fee of Fifteen Thousand Dollars ($15,000.00) which shall constitute full compensation for all services and materials to be performed and furnished by the Artists under this agreement. The fee shall be paid in the following installments, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the payment thereof: (a) Two Thousand Five Hundred Dollars ($2,500.00) upon the execution of this agreement for preliminary design coordination with the City and other interested parties; (b) Five Thousand Dollars ($5,000.00) within ten (10) days after the Artists notify the City that the work is fabricated and ready for installation at the site; (c) Seven Thousand Five Hundred Dollars ($7,500.00) within ten (10) days after final acceptance. 09G.071.03.14 1 4. The Artists shall notify the City in writing when the work has been substantially completed (including installation) in accordance with the Plans and Specifications. In turn, the City shall notify the Artists in writing of its final acceptance of the work. Final acceptance shall be effective on the ninetieth (90th) day after the Artists have sent the written notice of substantial completion unless the City gives the Artists written notice specifying such services or items which are not completed. After such notification to the Artists, final acceptance shall be effective as of the date of the City's written notification to the Artists of final acceptance. In this regard, the City agrees that final acceptance shall not be unreasonably withheld. 5. The Artists agree that, upon substantial completion of the work and before final payment, they shall clean and remove from the work site all surplus and discarded materials, temporary structures, and debris of every kind occasioned by their work in order to leave the work site in a clean and orderly condition, substantially the same as that which originally existed. 6. All work shall be performed in a good and workmanlike manner and in accordance with the Plans and Specifications. Both parties to this contract shall keep each other informed of the progress of the City Hall project and the atrium floor project. 7. The Artists may subcontract installation of the work and tile fabrication at their expense provided that said subcontracting shall not effect the design, appearance or visual quality of the work and that such work is carried out under the personal supervision of the Artists. 8. The Artists shall at all times observe and comply with all city, state, county and federal laws, ordinances and regulations which in any manner effect the conduct of the work. 9. The Artists shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bond shall be the responsibility of the City. 10. No party to this agreement shall be liable for failures and delays in performance due to any cause or circumstances beyond their control, including, without hereby limiting the generalities of the foregoing, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, inclement weather, riots, interference by civil or military authorities, or compliance with federal state, county or city law. 11. The Artists agree to indemnify and forever save harmless the City, its officers, agents, and employees, from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorney's fees, for or on account of any injury to any person, or death at any time resulting from such injury, or any damage to property, which may arise in connection with the production, delivery, and installation of the Artwork as provided under this agreement. Artists agree to secure and maintain at their own expense throughout the term of this agreement comprehensive general liability insurance. The insurance policy shall name the City as Additional Insured and shall provide that the City be given at least thirty (30) days written notice of cancellation, material change, or intent not to renew any insurance coverages required 096.071.03.14 2 hereunder. Minimum limits of coverage shall be $100,000 per person and $300,000 per occurrence for bodily injury or death and $50,000 for property damage. 12. Title to the work shall pass to the City upon final acceptance. Furthermore, upon final acceptance, all studies, drawings, designs, maquettes and models prepared and submitted under this agreement or in connection with this agreement shall be returned to the Artists and shall belong to the Artists. 13. The City shall, at its expense, prepare and install at the site a plaque identifying the Artists, the year of completion of the work, and shall reasonably maintain such notice in good repair. 14. The Artists shall perform all work under this agreement as independent contractors and not as agents or employees of the City. The Artists shall not be supervised by any employee of the City nor shall the Artists exercise supervision over any employee or official of the City. 15. If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. "Artistic Merit" of the Artwork shall not be grounds for termination of this agreement, provided however, that "artistic merit" does not include claims for default or breaches of this agreement by Artists for deficiencies in quality of construction or workmanship of the Artwork. 16. The Artists retain all rights under the Copyright Act of 1976, 17 USC Sections 101 et seq and all other rights in and to the work except ownership and possession, except if such rights are limited by this paragraph. In view of the intention that the work in its final dimension shall be unique and that the seal of the City of Corpus Christi is proprietary in nature, the Artists shall not make any additional exact duplicate, two or three dimensional reproductions of the final work or permit others to do so except by written permission of the City. In that regard, the City hereby grants to the Artists its permission to make exact, duplicate two-dimensional reproductions of the work for inclusion in advertising, brochures, media publicity, catalogs, portfolios or other similar publications, provided that the reproductions are presented in a tasteful and professional manner. Similarly, the Artists shall use their best efforts to give credit reading substantially, "an original work owned and commissioned by the City of Corpus Christi, Texas: in any reproductions of the work. 17. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof, that are not merged herein and superseded hereby. 18. No alteration, change or modifications of the terms of the agreement shall be valid unless made in writing and signed by parties hereto. 19. No waiver of performance by either party shall be construed, or operate as a waiver of any subsequent default of any terms, covenants and 096.071.03.14 3 conditions of this agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 20. This agreement, regardless of where executed, shall be governed by and construed in accordance with the laws of the State of Texas. 21. This agreement shall be binding upon and shall inure to the benefit of the City and the Artists and their respective heirs, personal representatives, successors and permitted assigns. 22. All notices, requests, demands and other communications which are required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage pre -paid, as follow: (a) If the City, to the office of the City Manager. (b) If to the Artists, to the Studio of William Wilhelmi d/b/a W Studio at 300 S. Chaparral Street, Corpus Christi, Texas 78401. IN WITNESS WHEREOF this agreement is executed in duplicate originals, both of equal force and effect, as of this the day of 1987. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Armando Chapa, City Secretary Craig A. McDowell, City Manager William Wilhelmi d/b/a W Studio, APPROVED: Artist day of , 1987 Gregory Reuter, Artist Hal George, City Attorney 090.071.03.14 4 -37 01� • 4 ?I 13 O ..[A44.06 ❑ ❑ GOLVR '❑' 0 0 ❑ ❑ O OLOR.'E' ❑ a f MATERIAL SECTION OF FLOOR PLAN FIRST FLOOR CITY HALL KIPP, RICHTER & ASSOCIATES SHEET A44, PROJECT x{`B354 . 3 3 COLOR u 1 ) a 0 0 ❑ L_ A44..06 A4406 129. SQUARE FEET A44.01 APPROX. 121' DIAMETER TO BE EXECUTED IN MOSAIC AND SHAPED TILE. CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) October 26. 1987 I certify to the City Council that $ 15.000 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: PCoA No. and Name Project No. Project Name Perma6 .,,t Art Tr»sr Fund 111-000-249.X[ Atrium Floor - New City Hall from which it is proposed to be drawn, and such money is not appropriated for any other purpose. t134-(,7(6% Ko FIN 2-55 Revised 7/31/69 , 19 ?7 The above resolution Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Cl if Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.066.01 Corpus Christi, Texas /644° day of 11.61,LU.AJ , 1982 was passed by the following vote: -d— 20058