HomeMy WebLinkAboutC2015-450 - 12/8/2015 - Approved 1
AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NAS CORPUS CHRISTI
AVIATOR MEMORIAL ASSOCIATION FOR DONATION AND ACCEPTANCE OF A
REPRODUCTION STATUE
RECITALS
10/28/2015
THIS AGREEMENT ("Agreement"), is made this day of , 2015, by
and between the City of Corpus Christi ("the City"), and NAS Corpus Christi Aviator
Memorial Association ("Donor"), for the purpose of establishing a contractual
relationship under which Donor will procure and donate, deliver and install, and the City
will accept, a 7-foot bronze aviator statue including lighting, pedestal, and a walkway,
for display on City property at the Ropes Park, Corpus Christi, Texas.
WHEREAS, Donor's agent has provided a letter to the City outlining the Donor's
offer to commission the creation of a reproduction cast bronze statute ("the Statue")
from Total Statue ("the Artist") with the intention of donating the same to the City as a
gift; and
WHEREAS, the City and Donor (collectively "the Parties") desire to formalize
their contractual relationship regarding the procurement and transfer of the Statue, and
to define their rights, obligations and liabilities therefore;
NOW, THEREFORE, in consideration of the mutual promises set forth herein, it
is agreed by and between the parties as follows:
TERMS
1. Donation of Statue, lighting, pedestal, and walkway. Donor agrees to
procure and donate the Statue to the City, and the City agrees to accept the Statue,
according to the terms of this Agreement. In addition, Donor agrees to procure and
donate the support pedestal, lighting, and a walkway, for City Manager review of plans
and acceptance.
2. Specifications of Statue. The Statue shall be a bronze-case creation by
DeeJay Bawden (the "Artist") of Total Statue , as shown and represented in the
drawings and photos included as Exhibit 1, attached to this agreement and herein
incorporated.
The Statue shall include a plaque identifying the Artist and recognizing the Donor. The
actual size, design, and wording of the explanatory plaque shall be subject to the final
approval of the City Director of Parks and Recreation, whose approval shall not be
unreasonably withheld. Donor shall ensure that the Statue and pedestal are engineered
for structural integrity and windstorm certified.
3. Donor's Responsibilities. Donor shall procure and donate the Statue (including
lighting, pedestal, and walkway) to the City no later than 24 months after the signing of
the contract with Total Statue, but in no event no later than 30 months after the signing
of this Agreement by the City of Corpus Christi. The City Director of Parks and (11
Recreation is authorized to approve extensions to these timelines. (jt
2015-450
12/08/15
M2015-132
\ NAS CC Aviator Memorial Assoc. INDEXED
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Donor shall provide City Director with original signed letter from the Artist in which the
Artist grants to the City an unlimited license to graphically reproduce the Statue for
municipal noncommercial purposes in City brochures, catalogs, and use in any City
media or other City publications. City shall endeavor to include the Artist name and
Statue title in the City publications or reproductions. This provision shall survive
termination or expiration of this agreement.
Donor shall be solely and exclusively responsible for contacting, communicating with,
and coordinating delivery of the Statue from the Artist to the City.
Donor shall be solely and exclusively responsible for all costs related to procurement,
delivery, and installation of the Statue, and the lighting, pedestal, and adjacent walkway
components.
Donor shall be responsible for maintaining statue, lighting and walkway. This provision
shall survive termination or expiration of this Agreement.
Donor shall ensure that all work performed on the City property complies with all
applicable City, State, and Federal codes, statutes, ordinances and regulations.
4. City's Responsibilities. The City shall accept delivery, receipt and ownership
for the Statue at a mutually acceptable time and place.
5. Project Site. Donor shall arrange for the delivery and installation of the Statue
and associated pedestal, lighting and walkway, at the location in Ropes Park as
depicted in the attached Exhibit 2. Should Engineering Services or Utility staff
determine that this location is not suitable for the installation due to engineering
structural analysis or impact to City utility infrastructure, then the Director of Parks and
Recreation is authorized to work with Donor to identify another more suitable location
within Ropes Park for placement of the Statue.
6. Risk of Loss or Damage. Donor shall be solely responsible and assume all risk
of loss or damage to the Statue until receipt and acceptance thereof by the City.
Acceptance by the City shall occur after delivery and successful installation at the
project site.
7. Installation of Statue. Donor shall insure that its contractor hired by Donor to
install the Statue presents and reviews the construction plans with the Engineering and
Parks and Recreation Departments for their prior approval. Donor must include, in all
construction contracts entered into for the installation of the Statue and any additional
components described herein, a provision requiring the Donor's contractor, to
indemnify, hold harmless, defend and insure City, including its officers, agents, and
employees, against the risk of legal liability for death, injury or damage to persons or
property, direct or consequential, arising or alleged to arise out of, or in connection with,
the performance of any or all of the work, whether the claims and demands made are
just or unjust, unless same are caused by the gross negligence or willful act of City, its
officers, agents, or employees.
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Donor shall require Contractor to obtain the insurance described in the attached
Exhibit 3 and applicable permits prior to beginning work on City property.
8. Relationship of Parties. No agent, employee, representative or subcontractor
of Donor shall be deemed to be the employee, agent, representative or subcontractor of
the City. None of the benefits provided by the City to its employees, including, but not
limited to, compensation, insurance and unemployment insurance, are available from
the City to Donor or its employees, agents, representatives or subcontractors. Donor
will be solely and entirely responsible for its acts and for the acts of Donor's agents,
employees, representatives and subcontractors during the performance of this
Agreement.
9. Expiration; Termination. This Agreement shall expire automatically upon the
City's receipt and acceptance of the Statue. Once the commission contract is signed
with the artist, neither the City nor the Donor can terminate this agreement.
10. Indemnification/Hold Harmless. Donor shall defend, indemnify and hold the City,
its officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of or in connection
with the performance of this Agreement, except for injuries and damages caused by the
sole negligence of the City. The provisions of this section shall survive the expiration or
termination of this Agreement.
11. Entire Agreement. The written provisions and terms of this Agreement, together
with all documents attached hereto, shall supersede all prior verbal statements of any
officer or representative of and such statements shall not be effective or construed as
entering into or forming a part of, or altering in any manner whatsoever, this Agreement.
12. Modification. No waiver, alteration or modification of any of provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized
representative of City and Donor.
13. Assignment. Any assignment of this Agreement by Donor without the written
consent of the City Director of Parks and Recreation shall be void.
14. Written Notice. All communications regarding this Agreement shall be sent to
the parties at the addresses listed below. Any written notice hereunder shall become
effective as of the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated in this Agreement or
such other address as may be hereinafter specified in writing.
15. Non-Waiver of Breach. The failure of the City to insist upon strict performance
of any of the covenants and agreements contained herein, or to exercise any option
herein conferred in one or more instances shall not be construed to be a waiver or
relinquishment of said covenants, agreements or options and the same shall be and
remain in full force and effect.
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16. Resolution of Disputes, Governing Law. Should any dispute,
misunderstanding or conflict arise as to the terms and conditions contained in this
Agreement, the matter shall be referred to the City Manager, whose decision shall be
final. In the event of litigation arising out of this Agreement, the prevailing party shall be
reimbursed for its reasonable attorney fees from the other party. This Agreement shall
be governed by and construed in accordance with the laws of the State of Texas.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
and year above written.
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CITY OF CORPUS CHRISTI NAS Corpus Christi Aviator Memorial
Associ. ion
By: fikt1terlbCwt By:
Ronald L. Olson, CI y Manager Title. Cu-EC) , DE•
CITY CONTACT DONOR MAILING ADDRESS:
City Manager
1201 Leopard St 6830 Wall Street
Corpus Christi, Texas 78401 Corpus Christi, Texas 78414
Approved as to legal form: Artist Contact Address:
By: '-�-)^ ' ' DeeJay Bawden
Lisa Aguilar, A istant City Attorney Total Statue
for the City Attorney 900 N. Main
Provo, Utah 84663
ATTEST: I t-
REBECCA HUERTAN,,,,, ` �� I
CITY SECRETARY 1G .*•:N %tivv,-.
812.iY COP+, 1 .
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Exhibit 1
NAS CORPUS CHRISTI AVIATOR MEMORIAL ASSOCIATION
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Aviator VeTorial Proposa
Prepared for: City of Corpus Christi, Parks&Recreation Department
Prepared by: LCDR Chris Keech Co-Founder NAS Corpus Christi AMA
March 16, 2015
Proposal number:001
NAS CORPUS CHRISTI AVIATOR MEMORIAL ASSOCIATION
EXECUTIVE SUMMARY
Background
NAS Corpus Christi Aviator Memorial Association(NASCC AMA)is a Corpus Christi-based non-profit organization
founded with the goal of honoring those aviators who have paid the ultimate price in service to our Country.
Goals
Our plan is two-fold, the first of which is to build a memorial in Corpus Christi in honor of our fallen brethren.The
memorial will be a 7-foot bronze aviator statue on a 2-foot pedestal surrounded by a brick walkway leading up to
it.This is a reproduction statue made by Total Statue out of Provo, Utah.We will be using the design of our sister
memorial association in Lemoore, California.After completion of the memorial, any remaining funds will will be put
into a scholarship fund for the children of our fallen brothers and sisters.
Solution
We are currently researching sites both on and off base and are interested in a possible location within Sherrill
Park. If approved,the memorial would be funded by the Aviator Memorial Association and placed on City-owned
land. Our donors would be able to place their personalized memorial bricks in the brick walkway to show how they
were a part of making this memorial a reality.
The Memorial
The following is our vision for the Memorial.All measurements are tentative in nature and can be changed to
accommodate the space available, statue weight, etc.
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Side view of the Memorial.
NAS CORPUS CHRISTI AVIATOR MEMORIAL ASSOCIATION
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Top view of the Memorial.
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Bronze aviator statue courtesy of NAS Lemoore AMA.
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EXHIBIT 3
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has been
obtained and such insurance has been approved by the City. Contractor must not allow any
subcontractor, to commence work until all similar insurance required of any subcontractor has
been obtained.
B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation
Department one (1) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the City's
Risk Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies, and a waiver of subrogation is required on all applicable policies.
Endorsements must be provided with Certificate of Insurance. Project name and/or
number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of cancellation, Bodily Injury and Property Damage
non-renewal, material change or termination Per occurrence- aggregate
required on all certificates and policies.
COMMERCIAL GENERAL LIABILITY including: $500,000 Per Occurrence
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $500,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employer's Liability $500,000/$500,000/$500,000
INSTALLATION FLOATER Coverage shall be in the amount of the
appraised value of statue. Coverage shall
cover transportation of statue from point of
origin thru installation and acceptance of City
of Corpus Christi, Parks and Recreation
Director.
C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk
Manager with copies of all reports of any accidents within 10 days of the accident.
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II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through
a licensed insurance company. The coverage must be written on a policy and endorsements
approved by the Texas Department of Insurance. The workers'compensation coverage provided
must be in statutory amounts according to the Texas Department of Insurance, Division of
Workers' Compensation. An All States Endorsement shall be required if Contractor is not
domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and
any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence
basis by companies authorized and admitted to do business in the State of Texas and with an
A.M. Best's rating of no less than A-VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this
contract and any extensions within 10 days of the policy expiration dates. All notices under this
Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi,TX 78469-9277
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:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by
endorsement with regard to operations, completed operations, and activities of or on behalf of the
named insured performed under contract with the City, with the exception of the workers'
compensation policy;
• 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, cancellation, non-
renewal, material change or termination 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 cancellation, non-renewal, material change or termination of
coverage, Contractor shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Contractor's performance should
there be a lapse in coverage at any time during this contract. Failure to provide and to maintain
the required insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein required,
the City shall have the right to order Contractor to stop work hereunder, and/or withhold any
payment(s) which become due to Contractor hereunder until Contractor demonstrates
compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor
may be held responsible for payments of damages to persons or property resulting from
Contractor's or its subcontractor's performance of the work covered under this contract.
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H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising
out of operations under this contract.
It is understood and agreed that the insurance required is in addition to and separate from any
other obligation contained in this contract.
2015 Insurance Requirements
Parks and Recreation Department
Aviator Memorial—Statue Agreement
10/21/2015 ds Risk Management