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:
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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
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MATERIAL SECTION OF FLOOR PLAN
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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:
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20058