HomeMy WebLinkAboutC2008-337 - 9/9/2008 - ApprovedPage 1 of 14
AGREEMENT FOR COMMISSION OF PUBLIC ART
BETWEEN THE CITY OF CORPUS CHRISTI AND JAMES HETHERINGTON
FOR FIRE STATION #17
This agreement ("Agreement") is entered into by and between the City of Corpus Christi,
Texas, ahome-rule municipal corporation ("City'); acting through its duly authorized City
Manager or the City Manager's designee ("City Manager") and James Hetherington of San
Antonio, 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 Fire Station #17 ("Project 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 ("Commission")
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 Artist's 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").
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 created in stainless steel ("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.
2008-337
09/09/08
M2008-238 ~ adist Contract vo.dce
Hetherington, James
Page 2 of 14
Section 5. Compensation and Payment Schedule.
A. The City will pay directly to Artist a fixed fee of $12.375.00, which is full compensation
for all services to be pertormed 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) 7 425.00 will be remitted by the City within ten (10) 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) 3 712.50 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
Exhibit B; 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;
(iii) 1 237.50 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.
Section 6. Fabrication of Artwork.
A. Fabrication of the Artwork will be performed by Artist at Artist's art studio located in San
Antonio. Artist agrees to do the additional work reasonably necessary to complete the
Artwork in accordance with the plans and specitications 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 45 days after contract execution, 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
December 1, 2008.
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.
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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 by 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.
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 at the Project Premises, in compliance with the project's design firm.
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 atax-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.
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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, which is permitted
under Section 6 of this Agreement, orfrom-employing qualified personnel to work under Artist's
direct supervision and control with respect to the Artwork.
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 b, 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 alt 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; ail labor costs for Artist's employees; and all
other costs, unless specifically excluded in this Agreement, that are necessary for the proper
pertormarlce 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.
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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.
A. Artist shall pertorm all work and services under this Agreement as an independent
contractor and not as an agent, representative, or employee of the City.
B. 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 any purpose deemed appropriate by the City
Manager. 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 by 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 ail measures reasonably necessary to protect the
Artwork from loss or damage until Artist has completed delivery to the City of ali 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 control.
Section 25. Indemnification. To the extent allowed 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 all liability, damage, loss, claims, demands, and
actions of any nature whatsoever on account of personal injury (including, without limitation on
the foregoing, premises defects, 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,
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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. 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 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. Nothing contained in this Agreement or any action
whatsoever by the City constitutes an acceptance of work not done in 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
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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 rights 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 interterence 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 28. 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(B), 22(B), 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.
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.
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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) a-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 ore-mail will be deemed
effective upon transmission with proof of delivery to the receiving party. All
communications must only be made to the following:
City of Corpus Christi
Attn: Director of Parks and Recreation
1201 Leopard; 3rd FI
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361)880-3461
(361}880-3864 Fax
SaIIVG(cr~.cctexas com
Either party may chance the address
James Hetherington
P. O. Box 6403
San Antonio, TX 78209
sent by usinn a mathnrl sat nut
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 writing and signed
by an authorized representative of each of the parties to this Agreement.
Section 38. Waiver.
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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. tVo 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 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. tt 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 illegai, 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
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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.
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.
EXEGUTED IN DUPLICATE, each of which will be considered an original, on this the ~ day
of , 2008.
ATTEST• CITY F CORPUS CHRISTI
Armando Chapa ~~,,y.
J~{n~" "'
City Secretary ~y~, ity Manager
APPROVED AS TddO--~~LEGAL FORM ! . I~ ` 2008
Lisilar, s~ t City Attorney ~
for City Attorney ~
ARTIST
~~
Date:
/~ `~-.AU1NUItltc~
!IT CdUNGIL . ~~.~ ~~~{
....~..-. SEl ~A •~,b
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STATE OF TEXAS
COUNTY OF NHE~'S
`$ aV-u'-
This instrument was acknowledged before me
He(th/eri~ngto'nn. r~
~`"' ~- ' V 1 Q~ Seal:
Notary Public, fate of Texas
i-~~-1a~
My Commission Expires
~ ~
~1JOY
NOTARY PUBLIC
STATE OP TE%AS
My Coawn. EIS. Ot •YM101!
~~'a S
Printed Name
James
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LIST OF ATTACHED EXHIBITS
Exhibit A: City's RFP
Exhibit B: Artist's Response to City's RFP
Exhibit C: Representative Design and Plans and Specifications for Artwork
Exhibit D: Insurance Requirements
Exhibit E: Disclosure of Interest Form
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City of Carpus Christi, Texas
Arts and Cultural Commtssion
Public Art Program
To: Open call to visual artists.
rrom; Staff Liaison to the Arts and Cultural Commission, City of Corpus Cluisti
Project: Public Artwork, South side fire station (construction is currently underway)
Budget: $12,375.00; to cover all costs associated with design, fabrication,
transportation and installation of the artwork (includes all artist expenses)
Application Deadline; All materials pertaining to the proposal must be received by
5:00 p.m., August 29, 2007
A. PROJECT DESCRIPTION
The City of Corpus Christi Arts and Cultural Commission issuce an open call to artists.
One or more artists will be selected to design, create, transport, and install afree-standing
sculpture (steel, bronze, etc.) or wall-mounted (tile, Keim painted, Bas-rolief, etc,) work
of art on the grounds of a new fire station located in the south side area of Corpus Christi
on the corner of Yorktown Road and Bill Witt Park (completion is expected to be in
March of 2008), The art selection panel will only consider work that is durable and can
withstand exposure to high winds, heat, sun, salt and rain, and will be expected to test for
no less than twenty years.
The Art Selection Panel has designated two potential sites, one of which is compatible for
2-I) work and one for 3-A work. The following guidelines should also be considered for
both sites:
l~or 2~D work, there is a pediment location that is being encouraged for display; all
artwork must be highly visible from the street; the artwork could serve as a memorial for
fallen firemen; the artwork will be illuminated at night; work can be previously
completed or site specific.
For 33=ll work, there is the possibility for a concrete circle to surround the structure at a
future date; all artwork must be highly visible from the street; the artwork could serve as
a memorial for fallen firemen; the artwork will be illuminated at night; work can be
previously completed or site specific.
B. ARTIST ELIGIBILITY
All interested artists who meet the minimum qualifications (see Selection Process bellow
for eligibly) should submit the following materials:
Materials and number of copies to be sent:
• Ono (1) disk of digital images with one (1) annotated image reference sheet; or One
(1) sheet of (10) numbered slides with one (1) annotated slide reference sheet.
• One (1) signed latter of intorest
• One (1) copy of current professional r6sumB. Please include contact information of
four individuals familiar with your work, including e~mails
• .One (1)self-addressed, stamped envelope for return of materials
Materials maybe mailed
Arts and Cultural Commission
City of Corpus Christi
1581 N. Chaparral Street
Corpus Christi, TJC 78401
Attn: Joe Petla
Public Arts Manager
Materials may also behand-delivered to the Park and Recreation Department, First
Floor, Clty Ball, 1201 Leopard St., Corpus Christi, Texas, 78401, Hand-delivered items
must receive adate-stamped receipt at the front desk of the Park and Recreation
Department offices,
If mailed, the materials must arrive by August 29, 2007. If hand-delivered, they must
be date-stamped by 5:00 p,m., August 29, 2007. For more information, contact Joe
Pella at (361) 826-3414 or via email at joepenCa cctexas com
The Corpus Christi Arts and Cultural Commission cannot be responsible for lost,
missing, or damaged materials.
C. S ~ LECTION PROCESS
The artist{s) will be selected under the auspices of the City of Corpus Christi Public Art
Ordinance and the Policies and Guidelines that it authorizes. Eligibility requirements for
each project will be established by tho Visual Arts Committee.
1. Artists will be selected on the basis of their qualifications, as demonstrated by past
work, appropriateness of the proposal to the particular pxject, and its probability of
successful completion.
2, Specifically excluded are works of art done by: students under the supervision of art
instructors or done to satisfy course requirements; the design architect or members of
the design architect's firm; City employees and; artists who are members of, or related
to members of, the Corpus Christi Municipal Arts Commission,
The Art Selection Panel will consist of a quorum of two voting professionals and two
voting community representatives. They will be assisted by an advisory member
representing the project architectural firm, and by an ACC member. The panel's
recommendation will be forwarded to the Arts. and Cultural Commission for approval
and, in turn, recommended to the City Council for final approval. A contract between the
artist(s) and the City will be executed upon City Council approval.
The Art Selection Panel is not obligated to select any of the work proposed. Selection
will be based on the majority vote of the panel members. The ACC member assigned to
the project will vote only in the case of a tie.
While the Art Selection Penal may agree to ask specific artists to submit proposals, this
project is being conducted as a regional competition, The Art Selection Panel will review
all submitted materials received by 5:00 n.m., August 29.2007. The selection will be
based on artistic and technical excellence, professional experience, and suitability of the
artwork to the ptoject and its construction schedule.
On August 30.2007, the Art Selection Panel will view all materials received on or before
August 29, 2007, to decide what will or will not work for this project. Following the
initial viewing, the artists whose materials were judged appropriate for this project will
advance to the next step. The packets of those artists no longer being considered will be
returned unless otherwise stipulated by the artist,
On September 6, 2007, one week after the first viewing, the panel will meet to review the
slides and go ovet• 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.
Dale to be delegmined, the panel will meet to select an artist to invite to Corpus Christi.
During the visit the artist will meet and interview with the selection panel and become
familiar with the site and the City.
Date to be ~etcrmined, The Art Selection Panel will recommend final selection of the
eutist to the Arts and Cultural Commission. Tho Commission will, in turn, make its
recommendation to City Council.
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Page 13 of 14
EXHIBIT D
I. 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
30-Day written notice of cancellation, non renewal, Bodily Injury and Property Damage
material change or termination Is required on all
certificates Per occurrence /aggregate
COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises -Operations
3. Productsi 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 /INSTALLATION INSURANCE
1. During transportation of the artwork from the In amounts sufficient to cover the replacement cost of
Artist's studio to Corpus Christi, TX the artwork
2. During the installation of the artwork at the Slte
In amounts sufficient to cover the replacement cost of
the artwork
H:\lEG-DIR\Lisal2ooa Parks and Recrealionlfireslation N77 anist ContraG vb.doc