HomeMy WebLinkAboutC2006-467 - 9/26/2006 - Approved
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AGREEMENT FOR COMMISSION OF PUBLIC ART
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
ALOE TILE WORKS, INC.
For
Northwest Library
THE STATE OF TEXAS ~
~
COUNTY OF NUECES ~
KNOW ALL BY THESE PRESENTS
This agreement ("Agreement") is entered into by and between the City of Corpus
ChristL Texas, a home-rule municipal corporation ("City"), acting through its duly
authorized City Manager or the City Manager's designee ("City Manager") and Aloe
Tile Works, Inc., of Corpus Christi, Texas("Artist").
WHEREAS, the City has allocated funds for the selection, purchase, and placement of
a public work of art at, In, or near the selected site of the City's new Northwest
LibraryCProject Premises");
WHEREAS, the City's issued a Request for Proposals ("RFP"), a copy of which is
attached to this Agreement and incorporated into this Agreement by reference as
Exhibit A, in order to obtain proposals for the fabrication and installation of public works
of art for the City's Project Premises;
WHEREAS, Artist submitted a design to City's Arts and Cultural Commission
rCommission") in response to the City's RFP ("RFP Response") and the RFP
Response is incorporated into this Agreement by reference and attached to this
Agreement as Exhibit B:
WHEREAS, the City and Artist wish to set out the terms and conditions under which the
Artwork is to be designed, fabricated, transported, and installed in order to promote the
Integrity of Artists ideas and statements as represented in the RFP and as represented
by and In the completed Artwork
NOW. THEREFORE, the City and Artist, for and in consideration of the covenants and
agreements set out in this Agreement, the sufficiency of which is hereby acknowledged,
agree as follows.
Section 1. Preamble Language. The preamble language included above this initial
numerated section is incorporated into this Agreement by reference and made a part of
thiS Agreement for all intents and purposes.
Section 2. Contract Administrator. The City's contract administrator for this
Agreement is the City s Director of Parks and Recreation ("Director").
2006-467
09/26/06
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\Ioe Tile Work,
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Section 3. Artwork. The City through this Agreement, contracts with Artist to provide
professional services in designing, constructing, finishing,- transporting, and installing a
permanent work of art ('Artwork"). A representative design of the Artwork, including
plans and specifications, will be approved by the architect and the Arts Panel appointed
by Commission and Will be attached to this Agreement as Exhibit C and incorporated
in this Agreement by reference The City and Artist acknowledge that Artist's
preliminary design for the Artwork has been reviewed and approved by the City's Arts
and Cultural Commission ("Commission"), a commission whose members are
appointed by the City's City Council ("City Council").
Section 4. Term of Agreement. This Agreement, excluding certain covenants that
survive this Agreement including, but not limited to, Sections 14(B), 22(B), 25, 26, and
27 will expire upon the City's final payment to Artist as governed by Sections 5(B)(iv)
and 8(C) of this Agreement
Section 5. Compensation and Payment Schedule.
A. The City will pay directly to Artist a fixed fee of $14,000, which is full
compensation for all services to be performed and all materials to be furnished
by Artist under this Agreement. The payment of compensation to Artist, at any
time during the term of this Agreement, will not be deemed a waiver of any right
of the City or acceptance. by the City, of defective performance by Artist.
B. The fee will be paid in the following installments, each installment to represent
full and final payment for all services and materials provided prior to the payment
thereof
(I) $5,000 will be remitted by the City within five (5) working days of the
execution of this Agreement by the City for preliminary design of the Artwork,
supplies, and a portion of Artist's fees;
(Ii) $2500 will be remitted by the City within ten (10) working days of receipt of
Artist's Notice of Substantial Completion, the description of which is set out in
Section 8(A) of this Agreement;
(Iii) $4500 will be remitted by the City within ten (10) working days of written
notice that the artwork IS ready for installation, so long as: (1) the Artwork is in a
deficiency-free condition, as reasonably determined by the City; (2) the Artwork
appears to have been fabricated and completed in accordance with the plans
and specifications set out in Exhibits Band C; and (3) the City has issued a
Notice of Acceptance, as set out in Section 8(B) of this Agreement, as
acknowledgment by the City that the conditions delineated in this Section 5(B)(iii)
appear to have been met by Artist;
(Iv)$2000 within ten (10) working days after installation and final acceptance, as
defined in Section 8(C) of this Agreement, of the Artwork by the City.
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Section 6. Fabrication of Artwork.
A. Fabrication of the Artwork will be performed by Artist at Artist's art studio located
in the City. Artist agrees to do the additional work reasonably necessary to
complete the Artwork in accordance with the plans and specifications in
Exhibit C as described in Section 3.
B. Artist shall furnish all labor, tools, materials, machinery, equipment, and
Incidentals necessary for the execution of the Artwork.
Section 7. Completion of Artwork. The Artwork must be fully fabricated and ready
for transport to the Project Premises no later than July 31 , 2006, in order to allow ample
time for Installation at the Project Premises. The date of installation of the Artwork is not
yet known due to the City's stage in the present phase of the construction of the Library.
The Director shall send notice to Artist at least forty-five (45) days prior to the City's
projected date of installation. The City's present anticipated completion date of the
Project Premises is June15, 2007
Section 8. Notice of Substantial Completion, Notice of Acceptance, and Notice of
Final Acceptance.
A. Artist shall send to Director a written notice of substantial completion ("Notice of
Substantial Completion") when the Artwork has been substantially completed
in accordance with the plans and specifications described in Exhibit C.
B. Upon the Artwork's arrival at the Project Premises, the City shall provide Artist
with notice of the Artwork's arrival and will issue payment to Artist, under
Section 5(B)(iii) of this Agreement ("Notice of Acceptance"), unless the City
gives Artist a written deficiency notice specifying the services or items that are
not completed. Upon receipt of a deficiency notice, Artist will be given a
reasonable time in which to correct all deficiencies noted by the City. Artist shall
assume all costs associated with the correction of any deficiencies noted. Upon
correction of all deficiencies, the City shall notify Artist in writing of the City's
accepted arrival of the Artwork and issue a Notice of Acceptance.
C Upon installation of the Artwork and site cleanup, the City shall notify Artist in
writing of its final acceptance ("Notice of Final Acceptance") of the Artwork.
Final acceptance shall not to be unreasonably withheld. Site cleanup shall
consist of Artist cleaning and removing from the installation site all surplus and
discarded materials, temporary structures, and debris of every kind occasioned
hy Artist's installation work in order to leave the installation site in a clean and
orderly condition, substantially the same as that which originally existed.
Section 9. Installation of the Artwork. Artist shall provide plans and specifications for
installation of the Artwork. Artist will also be contractually responsible for all completion
costs associated with construction and installation of the Artwork.
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Section 10. Transport of Artwork. Artist shall provide the City with a written, 30-day
notice prior to transport of the Artwork from Artist's studio. The notice must state the
method. carrier. and date of shipping. the intended arrival date; and arrival location of
the Artwork.
Section 11. Installation of Artwork. Artist shall be contractually responsible for the
physical Installation of the Artwork and all completion costs associated with the
installation of the Artwork (the free-form art tile murals) installed over a contractor
installed field tile at the Project Premises.
Section 12. Artwork Maintenance Instructions. Artist shall submit, within fourteen
(14) days after arrival of the Artwork at the Project Premises, instructions regarding
routine maintenance required for each component of the Artwork.
Section 13. Work Standards. All fabrication work must be performed in a good and
workmanlike manner and in accordance with the plans and specifications in Exhibits B
and C
Section 14. Taxes.
A. The City is a tax-exempt organization and no State of Texas or local sales taxes
are due upon the Artwork by the City. The City shall supply Artist with a copy of
the Texas Sales Tax Exemption Certificate ("Texas Certificate"). The City does
not warrant that the Texas Certificate will be acceptable in any other jurisdiction
outside the boundaries of Texas for tax-exempt purchases of materials or
supplies to be used for the Artwork.
B. Artist is solely responsible for the payment of any and all taxes that may become
due to any taxing authority, agency, or entity with respect to services provided by
Artist or with the Artwork that is the subject of this Agreement. This provision
survives the expiration or earlier termination of this Agreement.
C. Artist shall pay, before delinquency: all taxes, levies, and assessments arising
from Artist's activities and undertakings pursuant to this Agreement; taxes levied
on Artist's art studio and any improvements on the studio property or other place
used for the fabrication and completion of the Artwork; taxes levied on Artist's
equipment, tools, and machinery; and taxes levied on Artist's interest in this
Agreement.
Section 15. No Assignment of Work Without Authorization. The work and services
required of Artist under this Agreement are personal to Artist and may not be assigned,
delegated, or transferred without the express, written approval of the City. This
provision does not prohibit Artist from having the Artwork cast at an approved foundry,
or at Artist's studio which is permitted under Section 6 of this Agreement, or from
employing qualified personnei to work under Artist's direct supervision and control with
respect to the Artwork.
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Section 16. Review of Work in Progress. Upon reasonable, prior notice to Artist, the
City s officers, employees, and agents must be allowed to make reasonable inspections
and reviews of Artist's progress with respect to the Artwork.
Section 17. Insurance.
A. Artist shall secure and maintain, during the term of this Agreement and at Artist's
sole expense, the levels and types of insurance set out in Exhibit D, a copy of
which is attached to this Agreement and incorporated in this Agreement by
reference.
B. Any subcontractors, if approved by the City, must secure and maintain the same
levels and types of insurance shown in Exhibit D prior to performing any work
related to this Agreement.
C. Artist shall provide proof, by certificate of insurance meeting the limits and
requirements set out in Exhibit D, to the City's Risk Manager and Director upon
the execution of this Agreement.
D. The certificate of insurance must name the City as an additional insured and
must provide the City with at least 30 days written notice of cancellation, material
change. or intent not to renew any insurance coverage required by Exhibit D.
Section 18. Artist's Expenses. Artist shall be responsible for the payments of all
mailings for submission to the City, including any required insurance certificates;
shipping costs of the Artwork to the City; all costs of travel by Artist; all labor costs for
Artist's employees; and all other costs, unless specifically excluded in this Agreement,
that are necessary for the proper performance of the work, services, and obligations
required by Artist under this Agreement.
Section 19. Dedication Ceremony.
A. Artist is requested by the City to attend a dedication ceremony upon opening of
the Project Premises to the public. ,Since Artist's business is located in the City
any and all travel expenses related to Artist's decision to attend the dedication
ceremony will be the responsibility of Artist.
B The City is solely responsible for coordinating public information materials and
activities related to the dedication of the Artwork.
Section 20. Public Information by Artist. Artist shall acknowledge the City's role in
purchasing the Artwork in all public presentations and written, printed, or electronic
publications of the Artwork following the execution of this Agreement. This obligation
of Artist survives the termination of this Agreement.
Section 21. Independent Contractor; Lack of Contractual Authority.
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A.. Artist shall perform all work and services under this Agreement as an
Independent contractor and not as an agent, representative, or employee of the
City
8. This Agreement does not establish Artist as the agent or legal representative of
the City for any purpose whatsoever, and Artist is not granted any express or
implied right or authority to assume or create any obligation or responsibility on
behalf of. or in the name of the City or to bind the City in any manner
whatsoever.
Section 22. Title; Copyright and License to Reproduce.
A. Title to the Artwork will pass to the City upon remittance of the final payment.
B. Artist retains all rights under the Copyright Act of 1976, 17 United States Code,
Sections 101 et seq., as it may be amended, and all other rights in and to the
work except ownership and possession. Notwithstanding the foregoing, Artist
grants to the City an irrevocable license to graphically reproduce, through
photography or otherwise, the image of the Artwork including, but not limited to,
the Artwork proposal and all preliminary studies, and to authorize third parties to
graphically reproduce, through photography or otherwise, any and all of the same
as are desired by the City for municipal purposes (e.g., education, public
information, etc). On each municipal reproduction, Artist will be acknowledged,
using designations provided by Artist, to be the creator of the original Artwork
depicted, provided that reproductions of any proposals and preliminary studies
may not be identified as, or represented to be, the finished Artwork. The rights
granted bv this subsection survive the termination of this Agreement.
Section 23. Identification Label. The City shall prepare, at its own expense, an
identification label indicating Artist's name, the Artwork's title, and year of completion.
ThiS identification label will be placed near or adjacent to the Artwork whenever the
Artwork is publicly displayed by the City.
Section 24. Risk of Loss. Artist shall take all measures reasonably necessary to
protect the Artwork from loss or damage until Artist has completed delivery to the City
of all materials that constitute and form the Artwork and ownership is transferred to the
City. Artist shall obtain property insurance, as set out in Section 17 of this Agreement,
for loss or damage of the materials paid for by the City while in Artist's possession and
:::0 ntro I
Section 25. Indemnification. To the extent aI/owed by Texas law, Artist
("Indemnitor") shall fully indemnify, save, and hold harmless the City
and its officers, employees, and agents (collectively, "Indemnitees")
against any and aI/liability, damage, loss, claims, demands, and
actions of any nature whatsoever on account of personal injury
(including, without limitation on the foregoing, premises defects,
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workers' compensation, and death claims), property loss, or damage
of any kind whatsoever, including dishonest, fraudulent, negligent, or
criminal acts of the Indemnitor or the Indemnitor's employees,
representatives, or agents, acting alone or in collusion with others,
which may arise out of, be caused by, or be in any way connected
with, either proximately or remotely, wholly or in part, Indemnitor's
design, fabrication, installation, repair, restoration, or removal of the
Artwork and any act or omission of the Indemnitor or of any agent or
employee of Indemnitor pursuant to performance under the terms of
this Agreement. The terms of this indemnification are effective
regardless of whether the injury, damage, or loss is caused by the
sole, contributory, or concurrent negligence of the Indemnitees or any
of them individually. The Indemnitor covenants and agrees that, if the
Indemnitee is made a party to any litigation against the Indemnitor or
in any litigation commenced by any party other than Indemnitor
relating to this Agreement, Indemnitor shall, upon receipt of
reasonable notice regarding commencement of litigation and at
his/her own expense, investigate all these claims and demands,
attend to their settlement or other disposition, defend Indemnitee in
all actions based thereon with counsel satisfactory to the Indemnitee,
and pay all charges of attorneys and all other costs and expenses of
any kind arising from any said liability, damage, loss, claim, demand,
or action. No liability attaches to the City by virtue of entering into
this Agreement except as is expressly provided for under this
Agreement. This provision survives the expiration or earlier
termination of this Agreement.
Section 26. Artist's Warranties.
A. Warranty Against Defects. Artist warrants that the Artwork is designed to last for
20 years and guarantees the Artwork against faulty material and workmanship,
including Inherent vice, for a period of two (2) years. The term "inherent vice"
means a quality within the material(s) that compromise(s) the Artwork and, either
alone or in combination, results in the tendency of the Artwork to destroy itself
and its image. In the event of a claim by the City for faulty material or
workmanship, Artist shall, at the City's option, remedy or pay for any loss or
damage resulting from faulty material or workmanship that occurs or appears
within a period of two (2) years after the date the City issues a Notice of Final
Acceptance of the Artwork. The City shall give written notice with reasonable
promptness to Artist regarding observed defects in the Artwork that occur or
appear within the two-year period. Nothing contained in this Agreement or any
action whatsoever by the City constitutes an acceptance of work not done in
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accordance with the provisions of this Agreement or relieves Artist of liability or
responsibility for faulty material or workmanship. This provision survives the
expiration of this Agreement
B. Warranty of Title Artist warrants and guarantees that, upon the City's final
remittance of payment to Artist, the City acquires good title to the Artwork and
that the Artwork IS free from any and all claims, liens, and charges of and by any
person or entity Including, but not limited to, all employees and suppliers of Artist.
This provision survives the expiration of this Agreement.
Section 27. Collection Management.
A. The City reserves the right to manage its collection of art, including the Artwork,
consistent with all applicable laws, the City's Charter, ordinances, and municipal
policies. The City, through this Agreement, is commissioning and purchasing a
work of public art, and the City shall determine the Artwork's placement at the
Project Premises. This reservation of rights survives the expiration of this
Agreement
B. The City reserves the right to manage its buildings, facilities, and public sites for
public purposes and, in doing so, may determine that it is necessary to relocate
or remove the Artwork or modify the site in or on which it is located. The City
Will not relocate or remove the Artwork or substantially modify the site in or on
which the Artwork is located for a period of five (5) years without notifying Artist
of the proposed change and attempting to reach agreement with Artist regarding
the future appearance or location of the Artwork. Artist must not unreasonably
withhold approval of the relocation or removal of the Artwork from the site in or
on which it is located or of the modification of the location. This reservation of
nghts by the City survives the expiration of this Agreement.
Section 28. Force Majeure. No party to this Agreement will be liable for failures or
delays in performance due to any cause beyond their control including, but not limited
to any failures or delays in performance caused by strikes, lock outs, fires, acts of God
or the public enemy, common carrier, severe inclement weather, and riots or
Interference by civil or military authorities. Artist shall inform the City in writing and
submit proof of force majeure within three (3) business days of the event or occurrence
of force majeure Artist's failure to inform and submit proof to the City of force majeure
constitutes a waiver of this right as a defense. The failures or delays to perform extend
the period of performance until these exigencies have been removed.
Section 29. Survival of Terms. Termination or expiration of this Agreement for any
reason does not release either party from any liabilities or obligations set forth in this
Agreement that: 1) the parties have expressly agreed survive the termination or
expiration including, but not limited to, Sections 14(8), 22(8), 25, 26, and 27; 2) remain
to be performed, or 3) by their nature would be intended to be applicable following the
termination or expiration
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Section 30. Assignment and Transfer. This Agreement may not be, in whole or in
part assigned or transferred, directly or indirectly, by Artist without the prior written
consent of the Director and City Manager. Subject to the foregoing, this Agreement is
binding upon the City and Artist. their successors, and assigns.
Section 31. Non-Discrimination. Artist shall not discriminate or permit discrimination
against any person or group of persons, as to employment or in the performance of
services under this Agreement on the grounds of race, religion, national origin, sex,
physical or mental disability, or age, or in any manner prohibited by the laws of the
United States or the State of Texas. The Director retains the right to take the action as
the United States may direct to enforce this non-discrimination covenant.
Section 32. Compliance with Laws.
A. Artist must comply with all applicable Federal, State, and local government laws,
rules, regulations, and ordinances that may be relevant or applicable to Artist's
performance under this Agreement.
B. This Agreement IS also subject to applicable provisions of the City's Charter.
Section 33. Venue. All actions brought to enforce compliance with this Agreement
must be brought In Nueces County. Texas, where this Agreement was executed and will
be performed.
Section 34. Interpretation. This Agreement will be governed by and construed in
accordance with the laws of the State of Texas.
Section 35. Notice.
A. All notices, demands, requests, or replies provided for or permitted, under this
Agreement by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express
delivery service for which service has been prepaid; (5) by fax transmission; or
(6) e-mail
B. Notice deposited with the United States Postal Service in the manner described
above shall be deemed effective two (2) business days after deposit with the
United States Postal Service. Notice by telegram or overnight express delivery
service in the manner described above will be deemed effective one (1) business
day after transmission to the telegraph company or overnight express carrier.
Notice by fax or e-mail will be deemed effective upon transmission with proof of
delivery to the receiving party. All communications must only be made to the
following.
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IF TO CITY:
-ifF TO ARTIST:
l
City of Corpus Christi
Attn: Director of Parks and Recreation
1201 Leopard: 3ra FI
P.O. Box 9277
Corpus Christi, Texas 78469-9277
( 361 ) 880-3461
(361) 880-3864 Fax
SallyG@cctexas.com
Aloe Tile Works, Inc.
301 Kinney Street
Corpus Christi, Texas 78401
(361) 888-8119 Studio
I nfo@aloetilecom
C. Either party may change the address to which notice is sent by using a method
set out above. Artist shall notify City of an address change within ten (10) days
after the address is changed.
Section 36. Mechanics and Materialman's Liens. Artist must not allow the Artwork
to be encumbered by any notice of intention to file a mechanic or materialman's lien or
by the filing of a mechanic or materialman's lien. In the event that any notice of
intention to file a mechanic or materialman's lien is received by Artist or a mechanic or
materialman's lien is filed against the Artwork purporting to be for labor or materials,
Artist must discharge the same within ten (10) days of the notice or filing.
Section 37. Disputes. Any disputes concerning Artist's performance of this
Agreement that are not disposed of by agreement between Artist and the Director will
be referred to the City Manager or the City Manager's designated representative. If
these persons do not agree upon a decision within a reasonable period of time not to
exceed forty-five (45) days, the parties may pursue other legal rights and remedies to
resolve the disputes.
Section 38. Modification or Amendment. No modification or amendment of any of
the terms of this Agreement will be effective unless the modification or amendment is in
wnting and signed by an authorized representative of each of the parties to this
Agreement.
Section 39. Waiver.
A The failure of either party to complain of any act or omission on the part of the
other party, no matter how long the same may continue, will not be deemed a
waiver by said party of any of its rights under this Agreement.
B. No waiver of any covenant or condition or of the breach of any covenant or
condition of this Agreement by either party at any time, express or implied, will be
taken to constitute a waiver of any subsequent breach of the covenant or
condition nor will justify or authorize the nonobservance on any other occasion of
the same or any other covenant or condition of this Agreement.
C if any action by Artist requires the consent or approval of the City on one
occasion any consent or approval given on said occasion will not be deemed a
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consent or approval of the same action or any other action on any other
occasion
D. Any waiver or indulgence of Artist's default of any provision of this Agreement will
not be considered an estoppel against the City. It is expressly understood that, if
at any time Artist is in default in any of its conditions or covenants of this
Agreement. the failure on the part of the City to promptly avail itself of said rights
and remedies that the City may have will not be considered a waiver on the part
of the City. but the City may at any time avail itself of said rights or remedies
allowed under thiS Agreement, in law. or in equity.
E. Any waiver or indulgence of the City's default of any provision of the Agreement
will not be considered an estoppel against the Artist. It is expressly understood
that. if at any time the City is in default in any of its conditions or covenants of this
Agreement, the failure on the part of the Artist to promptly avail itself of said
rights and remedies that the Artist may have will not be considered a waiver on
the part of the Artist, but the Artist may at any time avail itself of said rights or
remedies allowed under this Agreement. in law, or in equity.
Section 40. Severability.
A. If for any reason, any section, paragraph, subdivision, clause, provision, phrase,
or word of this Agreement or the application hereof to any person or
circumstance is to any extent, held illegal, invalid, or unenforceable under
present or future law or by a final judgment of a court of competent jurisdiction,
then the remainder of this Agreement, or the application of said term or provision
to persons or circumstances other than those as to which it is held illegal, invalid,
or unenforceable, will not be affected thereby, for it is the definite intent of the
parties to this Agreement that every section, paragraph, subdivision, clause,
provision. phrase, or word hereof be given full force and effect for its purpose.
B. To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Agreement, in lieu of
each illegal, invalid, or unenforceable clause or provision, a clause or provision,
as similar in terms to the illegal, invalid, or unenforceable clause or provision as
may be possible and be legal. valid, and enforceable, will be added to this
Agreement automatically.
Section 41. Acknowledgment and Construction of Ambiguities. The parties
expressly agree that they have each independently read and understood this
Agreement. By Artist s execution of this Agreement, Artist agrees to be bound by the
terms, covenants, and conditions contained in this Agreement. By agreement of the
parties. any ambiguities in this Agreement may not be construed against the drafter.
Section 42. Captions. The captions utilized in this Agreement are for convenience
only and do not in any way limit or amplify the terms or provisions of this Agreement.
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Section 43. Disclosure of Interests. Artist further covenants and agrees, in
compliance with the City Code of Ordinances, Section 2-349, as amended, to complete
the Disclosure of Interest form that is attached to this Agreement as Exhibit E and that
is incorporated by reference into this Agreement
Section 44. Executory Agreement. This Agreement is not considered valid until
signed by authorized representatives of each of the parties and approved by the City
Council.
Section 45. Entire Agreement. No verbal agreements or conversations between any
officer, employee or agent of the City and Artist or Artist's agent prior to the execution
of this Agreement affect or modify any of the terms or obligations contained in this
Agreement. Any verbal agreements or conversations prior to execution of this
Agreement are considered unofficial information and in no way binding on either party.
This Agreement and the attached and incorporated exhibits constitute the entire
agreement between the City and Artist for the purpose stated. All other agreements,
promises, representations, and understandings. oral or otherwise, with reference to the
subject matter of this Agreement, unless contained in this Agreement, are expressly
revoked as the parties intend to provide for a complete understanding within the
provisions of this Agreement and its exhibits of the terms, conditions, promises, and
covenants relating to Artist's performance under this Agreement.
EXECUTED IN DUPLICATE, each of which will be considered an original, on this the
1 .......d f . ,"!
~~_ ay 0 _____~ ,~;,'_k , 2006.
---
Armando Chapa
City Secretary
CI~&;PUS CHRISTI
Gfj6r K. Noe
City Manager
~ROVED AS TO LEGAL FORM 28 September 2006
~ -ZurtiS-- --~ --~ JY.) :1ltJV)' ':L. UTHU''''-'-'
Chief, Administrative Law Section Q r /. L {,.,
Senior Assistant City Attorney ST OOU~CIl_ _......J.l.~ -t..:t:....
For City Attorney _~.'_""'_''''''"''''''.''~_
SfTRHARk-
lfL.
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
George K. Noe. City Manager, or designee
_ __ ' of the City of Corpus Christi, a Texas home-rule
municipal corporation on behalf of the corporation.
Ll .~ (y r {1,2006, by
. \(Dovle. 3 06PARK&REC 27\ArtworkC ontractslNWUbrary,061928DC AloeTileArtKNW lIbrary.Clean.doc
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Notary Public, State of Texas
Seal:
Page 13 of 15
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Notary's Printed Name
My Commission Expires
ALOE,TILE WORKS, INC., ARTIST
By: {&jutul_f->t:0;~_,___,__
Cornelia Gates
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Printed Title
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STATE OF TEXAS
COUNTY OF NUECES
By: (~ /
Ed Gates
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Printed Title
Date:
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This instrument was acknowledged before me on .0 11. , 2006, by
Cornelia Gates 00 - (1A.,. \6I~r (Title) of Aloe Tile Works, Inc., a Texas non-
profit corporation on behalf of the corporation.
Not~ ~~bfc~ St~~~~t,- exas _n Seal
/~;;~.,j~,\ BELINDA TAYLOR
/~~.' '.r\ Notary Public
\':.~.r/ STATE OF TEXAS
. '~:EC" .,~~,. My Comm Exp 08-13.2007
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My Commission Expires
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Notary's Printed Name "
This instrument was acknowledged before me on 10 I l , 2006, by Ed
Gates UC(JL,,4\.4( (Title) of Aloe Tile Works, Inc., a Texas non-profit
corporation, on behalf of the corporation. :c~'.:,
j "''''\::'':'~:0\ BELINDA TAYLOR
!J - .,j~: .', Notary Public
~ ~.' i STATE OF TEXAS
.~,.,y My Comm. Exp. 08-13-2007
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Notary's Printed Name
STATE OF TEXAS
COUNTY OF NUECES
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Seal:
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My Commission Expires
C I(Dovle..306PARK&REC 271ArtworkC (ntractslNWUbrary'06 )928DC AloeTile.ArtKNW Library.Clean.doc
Page 14 of 15
LIST OF ATTACHED EXHIBITS
Exhibit A: City's RFP
Exhibit B: Artist's Response To City's RFP
Exhibit C: Representative Design & Plans & Specifications For Artwork
Exhibit D: Insurance Requirements
Exhibit E: Disclosure Of Interest Form (Ordinance Section 2-349)
C \(Dovle. ,. 306'PARK&REC 27\ArtworkContractsINWLibrary\06., 1928DC AloeTileArtK. NW .Library. Clean.doc
EXHIBIT A
CITY OF CORPUS CHRISTI, TEXAS
Arrs and Cultural Commission
PUBLIC ART PROGRAM
To:
Open Call to Visual Artists Residing in Texas and Northern Mexico
From:
Staff Liaison to The \rts .AJ1d Cultural of The City of Corpus Christi
Project:
Public Artwork, Northwest Library Expansion
Budget:
To Cover All Costs ,\ssociated With Design, Fabrication, Transportation and
Installation of The Artwork (includes all artist expenses): $14,000.00
Application Deadline: All Materials Must Be Received by 5:00 p.m., January 6,2006
A, PROJECT DESCRIPTION
The City of Corpus Christi Arts and Cultural Commission issues an open call to artists residing
no more than two hundred and fifty miles from Corpus Christi, Texas. An artist will be selected
to design, create, transport. and install an outdoor artwork on an exterior wall of the Northwest
LJ brary. The art selection panel wlll only consider work that is durable and can withstand
exposure to high winds-hurricane strength, heat, sun, salt and rain, and will be expected to last
for no less than twenty years.
The funds for this project are generated as a result of the Percent for Art Ordinance passed by the
Corpus Christi City Council in 1987, allowing one and a quarter (11;4) percent ofthe City-funded
ponion of the Construction cost to be used for art.
F or images/renderings and other information concerning this project go to
http://www.cctexas.com/and look under Current Information.
B. ARTIST ELIGIBILITY
All interested artists who meet the minimum qualifications should submit the following
materials a letter of interest signed by the artist; ten (10) numbered slides (no glass mounts)
representative of the artist's recent work to include the artist's name and slide identification
sheets on which 1S included number, size, medium and date of completion; a current professional
resume including contact information from four individuals familiar with the applicant's work;
and a self-addressed, stamped envelope for return of materials.
Materials and number of copies to be sent:
. One ( Ii sheet of ( 10) numbered ;;lides (attach a consent form if you choose to add your slides
tc our registrYI
. Eight (8) annotated slide reference sheets
. Eight (g) copies of the slgned letter of interest
. Eight (X) copies of current professional resume. Please include contact information of four
mdividuals famil1ar with your \\ ork, including e-mails
. One ( Ii self-addressed, stamped envelope for return of materials
Applicants may choose to bave their slides added to The City Corpus Christi Public Art
Slide Registry (instead of having them returned). To do so, attach a signed consent
statement to your slide sheet. If you are already in the City of Corpus Christi Public Art slide
regIstry and would like to update your slides, please do so by the deadline date.
Materials may be mailed to:
Arts and Cultural Commission
City of Corpus Chnsti
The Cultural Center
1581 N. Chaparral Street
C')rpus Christi. TX 78401
Ann: Dr. Gustavo Valadez Ortiz
Superintendent, Cultural Services
Materials may also be hand-delivered to the Parks and Recreation Department, Third Floor,
CIt) HalL 1201 Leopard St., Corpus Christi, Texas, 78401. Hand-delivered items must receive a
date-stamped receipt at the front desk of the Parks and Recreation Department offices.
If mailed. the materials must arrive by January 6,2006. If hand-delivered, they must be date-
stamped by 5:00 p.m., January 6, 2006. For more information, contact Danny Q'Dowdy,
C uJtural ( 'enter, at i 361) g83-063C) or dannvo@{cctexas.com.
The Corpus Christi Arts and Cultural Commission cannot be responsible for lost, missing, or
damaged materials
c. SELECTION PROCESS
The artistes) will be selected under the auspices of the City of Corpus Christi Public Art
Ordinance and the Policies and Guidelines that it authorizes. Students pursuing graduate and
undergraduate degrees in Fine Arts are ineligible. Galleries may apply on behalf of individual
artists as long as the artist signs the application.
[he Art Selection Panel wili consist of a quorum of two voting professionals and two voting
,:ommunity representatives. They will be assisted by an advisory member representing the
prOject archItectural fi.rm, and by an ACC member. The panel's recommendation will be
fOI\.varded to the Arts and Cultural Commission for approval and, in turn, recommended to the
:it\ ('ouncIl for final approval. A contract between the artistes) and the City will be executed
upon Cit) (ouncil approval
The Art Selection Panel is not obligated to select any of the work proposed. Selection will be
based on the majorit; vote of the panel members. The ACC member assigned to the project will
vote, mly in the case of a tie
While the :\rt Selection Panel may agree to ask specific artists to submit proposals, this project is
being conducted as a regional competition. Any interested artist residing within 250 miles from
Corpus Christi, Texas may respond to this prospectus and submit the materials requested for
conSIderation. The Art Selection Panel will review all submitted materials received by 5 :00
p.m. January 6.2006. The selection will be based on artistic and technical excellence,
professional experience, and suitabIlity of the artwork to the project and its construction
schedule
On .lanum;. 13, 2006. the Art Selection Panel will view all slides received on or before January7,
2006. to decide what will or will not work for this project. Following the initial viewing, the
artists whose slides were judged appropriate for this project will advance to the next step. The
packets of those artists no \ anger being considered will be returned unless otherwise stipulated
b\ the arti st.
On January 20,2006, one week after the first viewing, the panel will meet to review the slides
and go over all other materials submitted by those artists still being considered, and (if possible)
select two finalists and an alternate. During the following week, references will be contacted.
On January 27, 2006, the panel will meet to select an artist to invite to Corpus Christi (travel
expenses and lodging paid for by the City Of Corpus Christi). During the visit the artist will
meet and interview with the selectlOn panel and become familiar with the site and the City.
By February 3, 2006, the i\rt Sele~tion Panel will recommend fmal selection of the artist to the
l\rts and Cultural Commission. The Commission will, in turn, make its recommendation to City
('ouncil at its February meeting.
RFP r<orthwest Library Expansion. 11/2/05.3: 13
EXHIBIT B
ALOE TILE WORKS, INC.
301 Kinney Street
Corpus Christi, Texas 78401
888-8119
info@aloetile.com
Corpus Christi Public Librarv
Northwest Branch Expansion Artwork Initial Proposal
January 6,2006
Backqround
Aloe Tile Works is a team of custom art tile artisans,
artists, and designers. We spend every day doing our best
to realize the visual desires of our patrons by blending their
needs with our aesthetic sensibilities. Our art tiles are made
of a custom-blended stoneware, decorated with colorful
slips, and covered with a clear glaze. They are fired to
maximum vitreosity to insure permanent and virtually
indestructible tiles that will retain their original finish and
color with no maintenance. The art tiles fit any environment
both aesthetically and functionally; they are colorful and they
can withstand the constant summer sun, continuous rain,
and the rapid temperature changes of winter.
Overall Stvle of the Proposed Artwork
Among our various methods of tile making, we have a
process of creating individual free-form stoneware tiles that
may be applied to an interior or exterior wall surface. In
some instances, these tiles are individually grouted. This is
an excellent way to decorate the most area for the least
dollars.
This type of art tile installation was done with an interior
wall mural depicting a spilling pinata at Rose Shaw
Elementary School this past year. In this instance, the art
tile was a lied to a eMU wall.
Similarly, installation on a brick surface was done with the
exterior application of the Grant Middle School Barracudas.
After adhering the tiles to the wall, they were sealed in place
b rout.
Although these angelfish were thin-set to the wall before the
contractor applied a finish coat of swimming pool plaster
making the tiles flush with the finish surface, they still show
the possibilities available with individual shaped tiles.
Another possibility is the use of a horizontal or vertical band
of tile as a decorative element. This vertical band was one
of two used on either side of a gate at a house in Seattle,
Washington. A similar application can be seen in the
window surrounds that we made for the City of Corpus
Christi's Zavala Senior Center and the decorative bands of
tile used at the Portland Community Center and the El
progreso Memoria' Library in Uvalde, Texas.
Content of the Proposed Artwork
We know it is important to properly research the content
of an art tile mural. Because of the amount of time we spend
In gathering information, it usually takes us much longer to
design a project than it does to actually make the tiles and
install them. It is imperative that we are as accurate as
possible in the information we convey in our artwork.
We are familiar with the flora and fauna of the Northwest
Library region. When we designed the Calallen Middle
School art tile mural, we specifically included indigenous
plants, birds and animals such as the green jay, deer, bob
cats, rabbits, yuccas, mesquites, and palm trees. We took
care to make them as realistic as we could with the clay
medium, as seen in the horned lizard shown below.
Similarly, we tried to make the images of the following birds,
the Green Kingfisher, the Great Kiskadee, the Roadrunner
and the Belted Kingfisher as realistic as possible. These can
be seen in the murals in the TxDOT Safety Rest Area in
Medina County on Highway 90 - they are common to that
part of Texas.
Although we did not include many examples of plants in this
proposal, we are able to render images of our local flora.
This bench of wildflowers includes those found in the Sarita
,
Texas area. These flowers, along with oak trees, cactus,
and mesquite can be seen in art tile murals in the TxDOT
Safet Rest Area in Kened Count on Hi hwa 77.
Conclusion
Succinctly, we propose to create and install one of the
following: 1) a free-form art tile mural over a contractor
installed field tile, 2) a band of art tile in the field tile, or 3) a
combination of free-form art tile and a band of art tile. The
design of the art tile installation would incorporate local flora
and fauna in its design and take into account that the artwork
would be viewed at a distance by people in automobiles on
McKinzie Road and at a close proximity by those using the
Northwest Branch Library.
EXHIBIT C
REPRESENT A TIVE DESIGN & PLANS AND SPECIFICATIONS FOR ARTWORK
Section 1. The Artwork, consisting of flora and fauna of the Northwest Library
region, shell have been designed in consultation with the architect.
Section 2. The Artwork shall be 75% complete. The Artwork will be in various
stages of process as documented by photographs.
Section 3. The background tile shall have been selected and be ready for
application on the walls where the Artwork is to be located. This process will
begin the stage of substantial completion.
EXHIBIT 0
ARTIST'S INSURANCE REQUIRMENTS
A. Artist must not commence work on the Artwork until all insurance required herein has
been obtained and such insurance has been approved by the City. Artist must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been so obtained.
B. Artist must furnish to the City's Risk Manager, two (2) copies of Certificates of
Insurance, showing the following minimum coverage by insurance company(s)
acceptable to the City's Risk Manager. The City must be named as an additional
insured for the General liability policy and a blanket waiver of subrogation is required
on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
r--
I 30-Day written notice of cancellation, non-renewal, Bodily Injury and Property Damage
I material change or tennination is required on all Per occurrence I aggregate
certificates
COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Productsl Completed Operations
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Fire Damage
PROPERTY INSURANCE At a minimum, in amounts sufficient to cover the loss
1 Fire and Extended coverage to include theft of materials paid for by the City while in the Artists'
and vandalism exposures possession and control, in addition to the Artist's
property
TRANSPORTATION I INSTALLATION INSURANCE
1. During transportation of the artwork from the In amounts sufficient to cover the replacement cost of
Artisfs studio to Corpus Christi, TX the artwork
2. During the installation of the artwork at the Site In amounts sufficient to cover the replacement cost of
the artwork
Required for installation of Artwork on site and to be
WORKERS' COMPENSATION provided at that time and in the event of employees
MUST COMPLY WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS
I EMPLOYERS' LIABILITY EXHIBIT
$500,000
,
C In the event of accidents of any kind, Artist must furnish the Risk Manager with copies of all
reports of such accidents within ten (10) days of the accident.
2006 NW Ll,)rary Expansion artworf( project ins. req
8-1-2006 ep Risk Mgmt.
II ADDITIONAL REQUIREMENTS
A, Artist must obtain workers' compensation coverage through a licensed insurance company
In accordance with Texas law. The contract for coverage must be written on a policy and
with endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in amounts sufficient to assure that all workers'
compensation obligations incurred by the Artist will be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the General
liability coverage, and a blanket waiver of subrogation is required on all applicable
policies.
2
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be"
and "canceled" and deleting the words, "endeavor to", and deleting the wording after
'left". In lieu of modification of the ACORD form, separate policy endorsements
addressing the same substantive requirements are mandatory.
3
The name of the project must be listed under "Description of Operations".
4
At a minimum, a 30-day written notice of cancellation, material change, non-renewal
or termination is required
....
'J.
If the Certificate of Insurance does not show on its face the existence of the coverage
required by items 1.8 (1 )-(7), an authorized representative of the insurance company
must include a letter specifically stating whether items 1.8. (1)-(7) are included or
excluded
2006 NW library Expansion Artwofi( project ins. req
8-1-2006ep Risk Mgmt
Page 1 of
Exhibit E
Sec 2-349 Disclosure of interests by contractors.
(a) Any business desiring city council, board, commission or committee consideration or
action concerning that business (other than granting an electrician license, solicitation
permIt and approving a plat) shall, prior to its placement as an agenda item on the
public notice of such body, file with the city (and if a vendor, file with the city's
purchasing agent) a statement specifically naming any city employee, official and board
member having an ownership interest in the business constituting three (3) per cent or
more of the ownership or having any pecuniary interest in the transaction or property
which is the subject of consideration or action.
b I In the case of any business desiring to sell goods or services to the city (except
when the value of the goods or services is not reasonably anticipated to exceed one
'lundred dollars ($10000) per calendar year), but which does not require city council,
board commissIon or committee consideration or action, the business shall file with the
city's purchasing agent a statement specifically naming any city employee, official and
board member having any ownership into best in the business constituting three (3) per
cent or more of the ownership or having any pecuniary interest in the transaction. This
provisIon does not apply to or Include the purchase of magazine subscriptions and
memberships in professional or trade organizations related to municipal operations.
(C) For corporate businesses whose shares are publicly traded and listed on recognized
national or regional stock exchanges or over-the-counter markets, it shall be sufficient if
a current Securities and Exchange Commission Form 10-K is filed in lieu of the
statements required by this section
(Ord. No 20781, S 1, 9-19-1989)
C .\Documents and Settr'1gSlgustavovlMy DocumentslNWL IbraryExhlbitE06 0905DC. Disclose. Finance.Sec2-349. doc