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HomeMy WebLinkAboutC2013-320 - 8/22/2013 - NA Page 1 of 15 AGREEMENT FOR COMMISSION OF PUBLIC ART BETWEEN THE CITY OF CORPUS CHRISTI AND MEL CHIN FOR ARTWORK AT CORPUS CHRISTI BAY FRONT This agreement("Agreement') is entered into by and between the City of Corpus Christi, Texas, a home-rule municipal corporation CC , acting through its duly authorized City Manager or the City Manager's design ("City Manager') and ME_CHIN of Bumsville, NC, ('Artist-). WHEREAS, the City has allocated funds for the restoration of a public work of art entitled UntiNed History by Mel Chin ("Artwork"); WHEREAS, the City desires the public work of art to be restored, as close as artistically possible, to the condition Artwork was in prior to the damage, and so has chosen the original artist to restore the work; WHEREAS, the City and Artist wish to set out the terms and conditions under which the Artwork is to be designed, fabricated, 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 by restoring the artwork entitled Untitled History by Mel Chin. A representative design of the Artwork, including plans and spedfications, will be approved by the Director and the Arts and Cultural Commission and will be attached to this Agreement as Exhibit A and incorporated in this Agreement by reference. The City and Artist acknowledge that Artist's preliminary design for the Artwork had previously 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 17, 19(B), 22, 23, and 25, will expire upon the City's final payment to Artist as governed by Sections 5(B)(iii) and 8(C) of this Agreement. Section 5. Compensation and Payment Schedule. A. The City will pay directly to Artist a fixed fee of$8,800.00,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 2013-320 8122113 Mel Chin INDEXED Page 2 of 15 Agreement, will not be deemed a waiver of any right of the City or acceptance, by the City, of defecfive performance by Artist. B. The fee will be paid in the following installments, each installment to represent fu11 and final payment for all services and materials provided prior to the payment thereof: (i) $4,000.00 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 City has issued a Notice of Acceptance, as set out in Section 8(B) of this Agreement (ii) $4,800.00 within ten (10)working days after installation and final acceptance, as defined in Section 8(C) of this AgreemeM of the Artwork by the City. Section 6. Fabrication of Artwork. Artist shall fumish all labor, tools, materials, machinery, equipment, and incidentals necessary for the execution of the Artwork. Section 7. Completion of Artwork. The Artwork should be fully fabricated and ready for installation no later than 180 days after contract execution. Deviation from this deadline requires written notice to the City, but in no way shall fabrication and installation take more than 240 days. 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 Completionj when the Artwork has been substantially completed in accordance with the plans and specifications described in Exhibit A. B. Director, or designee, shall inspect the Artwork. Upon acceptance of the Artwork, the City shall provide Artist with"Notice of AcceptanW and will issue payment to Artist, under Section 5(B)(ii) of this Agreement("Notice of Acceptancel. 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 and will issue payment to Artist, under Section 5(121)(iii) of this Agreement 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. Artist shall be contractually responsible for the physical installation of the Artwork and all completion costs associated with Page 3 of 15 the installation of the Artwork at the Project Premises, in compliance with the projects design finn. Section 10. Artwork Maintenance Instructions. Artist shall submit, within fourteen (14) days after installation of the Artwork, instructions regarding routine maintenance required for each component of the Artwork. Section 11. Work Standards. All fabrication work must be performed in a good and workmanlike manner, and as much as artistically possible, restore the Artwork to its condition prior to damage. Section 12. 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 CTexas Certificater). The City does not warrant that the Texas Certificate will be acceptable in any other Judsdiction 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 AgreemenL 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 Artists art studio and any improvements on the studio property or other place used for to fabrication and completion of the Artwork; taxes levied on Artists equipment tools, and machinery; and taxes levied on Artists interest in this Agreement Section I& 5uhcon Artist may use subcontractors In connection with the work performed under this Agreement When using subcontractors, however, Artist must obtain prior written approval from the City. In using subcontractors, Artist agrees to be responsible for all theirs and omissions to the some extent as if the subcontractor and its employees were employees of the Artist. All requirements set forth as part of this Agreement shall be applicable to all subcontractors and their employees to the same extent as if the Artist and its employees had performed the services. Section 14. Review of Work In Progress. Upon reasonable, prior notice to Artist, the Cs officers, employees, and agents must be all to make reasonable inspections and revsews of Artists progress Wth respect to the Artwork Section 16. 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 Cyr 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 B prior to performing any work related to this AgreemenL Page 4 of 15 C. Artist shall provide proof, by certificate of insurance meeting the limits and requirements set out in Exhibit B, 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 B. Section 16. Artist's Expenses. Artist shall be responsible for the payments of all mailings for submission to the City, including any required insurance certificates; shipping is of the Artwork to the City; all costs of travel by Artist; all labor is 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 17. Public Information by Artist. Artist shall acknovAedge 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 18. Independent Contractor; Lack of Contractual Authority. 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. 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 19. Title; Copyright and license to Reproduce. A. Title to the Artwork will pass to the City upon remittance of the final payment. B. City obtains the rights 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 20. 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 15 of this Agreement for loss or damage of the materials paid for by the City while in Artist's possession and control. Section 21. indemnification. To the extent all by Texas law, Artist("Indemnitor") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents Page 5 of 1 (collectively, "Indemniteesl against any and all liability, damage, foss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, rkers' mpenstion, and death claims), property loss, or damage of any kind whatsoever, including dishonest, fraudulent, negligent, or criminal acts of the Indemnitor or the In nitor'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 , either proximately or remotely, wholly or in part, Indenitor'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 nse, Investigate all these claims and demands, attend to their settlement or other disposition, defend Inde nitee 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 allchas 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 22. Artist's Warranties. A. WarTanty 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 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 23. 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 Page 6 of 1 B. The City reserves the right n uil in facilities, public sites for public purposes , in doing s , may determine that it is necessary to relocate v Artwork or modify the site in or on which it is located. This reservation of rights by the City survives expiration i AgreemenL Section . No party to i Agreement will be liable r failures or delays in performance u to n use beyond their control including, but not limited t , any failures or delays in performance caused y strikes, lock outs, fires, or the public enemy, common carrier, severe inclement r, and riots or interference vil or military authorities. Il Inform the City in °tin submit proof of r ce majeure within three ( ) business days of the event or occurrence of force ma1 r . Artists failure to inform submit proof to the City ! r °v r of this as a deftnse. The failures or delays to o rm extend the period n until these exigencies have removed. Section iv I of Terms. Termination expiration i Agreement r any reason does not release either party from any liabilities or oblIgations set forth in is Agreement that 1) the parties have l y agreed survive termination t expiration; ) remain to or ) by their nature would intended to pli l followAng the termination r expiration. Section i r ist shall not i in it discrimination against any person or group of persons, as to nt or In the performance of services under this Agreement n the grounds of race, religion, national on in, sex, physical or mental disability, or 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 i non- discrimination covenant. Section li . A. Artist must comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances relevant or applicable to Artists performance under this Agreement. B. This Agreement is I subject to II a provisions of the City's Charter. Section 28. Ve . All actions brought to II n this nt must be brought in un , Texas,where this Agreement was executed and will be performed. Section 29. Interpretation. This Agreement will be governed in n with the laws of the State of Texas. Section . A. 1 notices, demands, requests, or replies ` for or permitted, under this Agreement i r party must be in writing and must be delivered by one following e : (1) by personal llve ; ( ) by deposit with the United t o I Service as certified or registered il, return receipt requested, postage prepaid, (3) by prepaid telegram; ( ) by deposit with an overnight express five service, r which service has n prepaid; (5) by tax transmission; or( ) e-mail. Page 7 of 1 B. Notice deposited the United States Postal Service in the manner described above shall be deemed °v ( ) business days after deposit with the United States Postal rvi Notice telegram or overnight express delivery service in the manner above described °II be deemed effective one (1) business day after transmission to telegraph n r overnight express carder. Notice by fax or it W11 be deemed effective upon transmission with proof of delivery to receiving . All communications u t only be made to the following: C. IF TO CITY: IF TO AR'T1ST- City of Corpus Christi—Parks and Recreation el Chin A Michael MorTis, Director 5878 US HWY 1 1201 Leopard; 3'd Floor Burnsville, 714 Box ( ) 71 Corpus ri s 7 ( 1) ( 1) 880-3864 Fax is el o e D. Either a y change the address to i ch notice is sent by using t out above. Artist shall notify City an address change within t (10) days after the address is n . Section 1, Mechanics and Materialman's i u t not allow the Artwork to encumbered notice f intenbon to file a mechanic or materialman's lien or by the filing of mechanic or materialman's lien. In the event that any notice of intention to file a mechanic or materialman's lien is received y Artist or a mechanic or material man's lien is filed against Artwork purporting to be for labor or materials, Artist must discharge the same within t (1 0) days of the notice or filing. Section i Any i sputes concerning Artists i Agreement that are i of by agreement between Artist n i r will be referred to City Manager or the City e i n a ti . If these persons do not agree upon decision i reasonable period of time not forty-five O days, the parties may pursue r legal rights remedies to resolve a disputes. Section i or Amendment. No modification or amendment of any of the tenns of is Agreement will be effective unless ion or amendment is in writing and signed by an authorized representative of each a s to is Agreement Section iv . A. The failure i r party to complain of any act or omission on the part of the other no matter how long the same may continue, will not be deemed a waiver by said party of any f its under this AgreemenL Page 8 of 15 B. No waiver any covenant or condition or of the breach 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 the covenant or condition nor wil I 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 nsnt or approval of the City on one occasion, any not or approval given on said occasion will not be deemed not or approval of the same action or any other a °on on any other occasion. D. Any waiver or indulgence of Artist's default of arry provision of this Agreement will not be considered an estoppel int the City. It is expressly understood that, if at any time Artist is in default in any of its n iti ns or covenants of this Agreemenk the failure n e part of the City to promptly avail itself of said rights and remedies that the City may have will not be nsid waiver on the part of the City, but the City 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 Citys default of any provision of the Agreement will not be considered an estoppel against the Artist It is expressly understood t, if at any time the City is in default in any of its conditions or covenants of this failure on the part of the Artist to promptly avail itself of said rights and remedies the Artist may have will not be considered 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 35. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this r ent or the application hereof to arry 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 on or circumstances other than those as to which It is held illegal, invalid, or unenforceable, °11 not be affected thereby, for it is the definite intent 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 e illegal, Invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enfbrceable, will be added to this Agreement ut ati lly. Section l edgment and Construction of Ambiguities. parties expressly agree that y have each independently read and understood is 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 37. Captions. The captions utilized in is Agreement are for convenience only and o not in any way limit or amplify the terms or provisions of this Agreement Page 9 of 1 Section i cl Interests. Artist further covenants and agrees, in compliance the City Code of Ordinances, Section - ,to I t Disclosure f Interest form t is a this Agreement i is incorporated by ref n into this r e . Section 39. Executory t. This Agreement is not considered valid until signed by authorized representatives of each of the parses and approved by the City Council. ''_ ,� Section 40. 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 r modify any f the terms or obligations contained in i Agreement. Any verbal agreements or conversations prior to ti of this Agreement i t unofficial information n in no °n in either party. This Agreement and the attached and incorporated ii ts constitute the entire n the City and Artist for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to subject r of this Agreement, unless contained in i Agreement, are expressly revoked, intend r i for a complete understanding ° in the provisions i t t and its i terms, conditions, promises, and covenants relating to Artist's n r this Agreement EX E, each of which will be considered an original, on this the.�9�+Y of 2013. I r Armando Chapa Susan K. Thorpe n City Secretary Assistant City Manager APPROVED AS TO LEGAL s 2013 Dough As ems"' eF , istant City Attorney Page 10 of 15 ARTIST By: Date: STATE OF COUNTY OF TMm�nt,was Wedgedbefbre me on 2013, by Mel Chin. Ix Seal: f4otif'y &Ic`,Us�e o . IL My Commission Expires Notarys Printed Name OMICIA N L ML N&,M Public, orth ewolind DIANNE D CANIPE yormy cow 10 commisdon Evites LIST OF ATTACHED EXHIBITS Exhibit A, Artwork Plans and Specifications Exhibit B: Insurance Requirements Exhibit C: Artists Disclosure of Interest Page 1 of 1 EXHIBIT Agreement with artist Mel Chin to replace one element of original artwork that was stolen 9,/a ,,,,� ,,.r,-,,,o/F;r/v, r�✓rL�1'^�i(,..rrr�d� ��,�r/�r,,,��lmn��� ��� � V� vii1- i A /��/ji%jii //%//j�r/ ,,;;,;,� �// //����� ,, ,,, o,' y 4�u9hkmP ViiG�;m�V:��, �1oPi�IJJ�//�✓1'� r�1f%/ r ,. Y%»/ �J�'^"aWyl„/dill ��%�i,'� ,�„ r/��;'ri/�/��////„ ✓� ri/ri,��,,; � ��� ��� � %' I i��� II� ,mgr✓,a �,r'r ,/�%% r ,r o. rid i/ iIfJ1JV r„ J1f W ��f 1 �/ I r y�;'�r;!�j/�%/�f�arll�%fry//ii/r I l"%"�✓ Page 12 of 15 EXHIBIT I. ARTISTS I 1 A. Artist must not commence work on the o until all insurance ui herein has been obtained and such insurance rove y the City. rtit must not allow any subcontractor to men ce work until all similar insur n required the subcontractor has been so obtained. B. Artist must furnish to ity' Risk Manager, two (2) copies of Certificates of Insurance, of following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for the n l liability policy and blanket waiver of subrogation is reguired on all applicable policies. TYPE F INSURANCE MINIMUM INSURANCE COVERAGE y written notice of cancellation, non- Bodily Injury and Property Damage renewal,malarial change or termination Is required on all certificates Per occurrence/aggregate COMMERCIAL GENERAL LIABILITY Including: $1,000,000 COMBINED I LE LIMIT 1. Commercial Broad Form . Premise— Operations 3. Products-Completed Operations 4. Broad Form Property Damage . Contractual Liability S. Independent Contractors 7. Fire Dam e PROPERTY INSURANCE At a minimum,in amounts sufficient to Fire and Extended coverage to include theft cover the loss of materials paid for by the and vandalism exposures City while In the Art possession and control, in addition to the 's property TRANSPORTATION/INSTALLATION INSURANCE In amounts sufficient to cover the 1. During transportation of the artwork from replacement cost of the artwork the Artist's studio to Corpus Chrisfi,TX 2. During the installation of the artwork at the Site Required for installation o on site WORKERS'COMPENSATION UST COMPLY WITH THE TEXAS WORKERS'COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT PLO 'LIA IL ,000 Page 13 of 15 11. ADQITIQNAL REQUIRgMENTa stated in Section I-B, Table, Contractor must obtain the applicable workers' compensation coverage for its employees 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 coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Contractor will be promptly met B. Contractor's financial integrity is of interest to the City; therefore, subject to its right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at its' sole expense, insurance coverage written an an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Besfs rating of no less than A-VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular poIi cy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies).Contractor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the f6flowing address: City of Corpus Christ Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78489-9277 (361) 826-4555- Fax# D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, on the General Liability and Business Auto Uability coverage. • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy" • Workers! compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and Page 14 of 15 applicable n to City. City shall have option to suspend o is performance should there be a lapse in v at any time uri this contract Failure to provide and to i in the required insurance II constitute a material breach of this r nt F. In addition to r remedies the City may have upon Contractor's it to provide and maintain any insurance or policy endorsements to a extent and within the time herein required, i shall have right to order Contractor to stop work hereunder, a r withhold any payment(s) which become due to o r hereunder °l Contractor demonstrates compliance requirements . G. Nothing herein i shall be construed as limiting in n t to which ontr or may be held responsible for payments of damages to persons or property resulting o or's or its subcontractors' performance covered r this agreement H. It is o or' insurance shall be deemed primary non- contributory respect to any insurance or self insurance Corpus ti for liability rii out operations under this I. It is a t and insurance required is in i ° to n from any other obligation n i in is contract. Page 15 of 7 EXHIBIT I. DISCLOUSE OF INTERESTS accordance i of Ordinances, Section - ! II lit all city employees, official, and board r having an ownership interest in ARTIsrs business constituting t ( ) per cent or more; or having pecuniary interest in i n or property which is j this contract in vi !ow (Attach additional sheet W necessary). B. If no city ! ii I , or board members have i interest in ARTIsrs business, nor have pecuniary interest in transaction t which property is j this , ARTIST shall initial space provided below. I I No city employee, official, or board member has an ownership interest in !ST's business constituting ( ) per cent or more; nor does any city employee, official, i interest i transaction i is i . ARMT _ .. t Date: AUTO DATE(MKDDdYYYY) CERTIFICATE OF LIABILITY INSURANCE 08l08l2U13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: Of the certificate holder Is an ADDITIONAL INSURED, the policy(les) must he endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require on endorsement.A statement on this certi scale does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER (aiO)685-4625 NAMEACT Maury,Donnelly&Parr,Inc. ,PHONE AX Commerce&Water Streets Imo.Na U AX No) F Baltimore,MD 21202 ADDD ARESS: INSURERS AFFORDING INSURED S VAC0A f rtZ4 CY012 INSURER A. HarttordlnwnnaCmnpanks Barron BCOWn INSURER B. 201 Sang Branch Rd INSURERC Burnsville,NC 28714 INSURER D INSURER E INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUM' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NA INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' SUER POLICY EFF I POLICY EXP TYPEOFINSURANCE POLICY NUMBER LIMITS LTR I ' ERAL LIABILITY X CCI.IMERCIAL GENERAL LIABILITY EACH OCCURRENCE f .. DAMAGE TO RENTED (CLAIMS MADE OCCUR PREMISES a Dccursnce S.. uffixim A X 90SBM8160 70 0a2d2012 06202819 MEDEXPVAn one jai PERSONAL ADV INJURY Ir ., GENL AGGREGATE LIMITA APPLIES PER: f X PRODUCOMPJOP AGO PCO• I �!O'OBLLE LABIU TY L COMBINED SINq,E LIMIT MANY AUTO ?Ea acel.., II BODILY INJURY ALLOWNED SCHEDULED AUTOS AUTOS (Per non'u.. f NON-OWNED BODILY INJURY HIRED AUTOS AUTOS rPeraccidMll s PROPERTY DAMAGE �"r accidanl i � UMBRELLA LIAB OCCUR ... I. EACH OCCURRENCE... .I.. EXCESS LIAR CLAIMS MADE AGGREGATE f DIED RETENTIONS 'I s WORKERS COMPENSATION WCBTATU OSFi. ACID EMPLOYERS WLBILRY ANY PROPRIETORIPARTNERlEXECUTIVE YM. OFFICERIMEMBER EXCLUDED? E.L EACH ACCIDENT �fMandta"In NMI E.L DISEASE,EA EMPLOYEE '9 H S IPTICI describe under E.L.DISEASE-POLICY LIMB... ...... S . DESCRIPTION OF OPERATIONS below � DESCRIPTION OF OPERATION91 LOCATION P VEHICLES(Atlarh ACOR01M.Additional Rollin SoheduK If more opaae is requMadl Certificate holder Is add Mortal Insured wit h respect to general pa6aity as requhsd by wattlan contrael. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City of Carpus Christi EXPMATMN DATE THEREOF,NOTICE WILL BE DELNERED IN ACCORDANCE WITH 1201 Leopard THE POLICY PROVISIONS. Corpus Christi,TX 7MI AUTHORIZED REPRESENTATIVE ACORD 25( O 1OW2010 ACORD CORPORATION.AN rights rounred. The ACORD nayw and logo we negiffiered willeksof ACORD