HomeMy WebLinkAboutC2017-142 - 3/28/2017 - Approved Page 1 of 15
AGREEMENT FOR COMMISSION OF PUBLIC ART
BETWEEN THE CITY OF CORPUS CHRISTI AND MONUMENT FINE ART AND
SCULPTURE CONSERVATION LLC
FOR ARTWORK AT COLLIER POOL
This agreement ("Agreement") is entered into by and between the City of Corpus Christi,
Texas, a home-rule municipal corporation ("City"), acting through its duly authorized City
Manager or the City Manager's designee ("City Manager") and Monument Fine Art and
Sculpture Conservation LLC of Corpus Christi, Texas ("Artist").
WHEREAS, the City has allocated funds for the selection, purchase, and placement of a public
work of art at, in, or near the selected site of the Collier Pool located at 3801 Harris Dr., Corpus
Christi, Texas, 78411 ("Project Premises");
WHEREAS, Artist submitted a proposal to City's Arts and Cultural Commission
("Commission");
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'
ideas and statements as represented in the artist's proposal and as represented by and in the
completed Artwork;
NOW, THEREFORE, the City and the 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 or designee ("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 ("Artwork"). A representative design of the Artwork, including plans
and specifications, will be approved by the Director of Engineering and Director of Parks and
Recreation, or their respective designees, and the Arts and Cultural Commission. 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"), and
which preliminary Artwork design is shown as Exhibit A and incorporated in this Agreement by
reference.
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)(iv) and 8(C) of this Agreement.
Section 5. Compensation and Payment Schedule.
A. The City will pay directly to Artist a fixed fee of $17,500.00, which is full compensation
for all services to be performed and all materials to be furnished by Artist under this
2017-142
3/28/17
M2017-041
Monument FitteArt& Sculpture
INDEXED
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Agreement including but not limited to all costs associated with design, fabrication,
windstorm certification, permitting, installation, and insurance. 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) $2,625 will be remitted by the City to the Artist within ten (10) working days
of this Agreement being signed by both parties,
(ii) $8,750 will be remitted by the City to the Artist within ten (10)working days
of the plans and specifications being approved by the City
(iii) $4,375 will be remitted by the City to the Artist within ten (10) working days
of the Artwork being completed in Artist's studio
(iv) $1,750 within ten (10)working days of the Artwork being installed and
Notice of Final Acceptance has been issued accepted
Section 6. Fabrication of Artwork. 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 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. Director, or designee, shall inspect the Artist's project design for the Artwork. Upon
acceptance of the Artwork design and obtain Artist's obtaining all required building
permits and evidence of windstorm certification, the City shall provide Artist with "Notice
of Acceptance" and will issue payment to Artist, under Section 5(B)(ii) of this
Agreement ("Notice of Acceptance"). 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.
B. 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 A and will issue
payment to Artist, under Section 5(B)(iii) of this Agreement.
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(B)(iv) 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
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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
the installation of the Artwork at the Project Premises, in compliance with the project's design
firm.
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. Artist must perform all work in a good and workmanlike
manner and in accordance with all applicable Federal, State, and local laws and regulations.
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 ("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 are solely responsible for the payment of any and all taxes that may become due
to any taxing authority, agency, or entity with respect to services provided by Artist or
with the Artwork that is the subject of this Agreement. This provision survives the
expiration or earlier termination of this Agreement.
C. Artist shall pay, before delinquency: all taxes, levies, and assessments arising from
Artist' activities and undertakings pursuant to this Agreement; taxes levied on Artist' 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' equipment, tools, and
machinery; and taxes levied on Artist' interest in this Agreement.
Section 13. No Assignment of Work Without Authorization. The work and services
required of Artist under this Agreement are personal to Artist and may not be assigned,
delegated, or transferred without the express, written approval of the City. This provision does
not prohibit Artist from having the Artwork cast at an approved foundry or from employing
qualified personnel to work under Artist' direct supervision and control with respect to the
Artwork.
Section 14. 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' progress with respect to the Artwork.
Section 15. 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.
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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
Agreement.
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 costs of the
Artwork to the City; all costs of travel by Artist; all labor costs for Artist' 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 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 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 agents or legal representatives of the
City for any purpose whatsoever, and Artist are 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 have 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' possession and control.
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Section 21. Indemnification. :. To: :the extent allowed by Texas law, Artist
("Indemnitors") 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, 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 settlementor
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.22. Artist' Warranties.
A. Warranty Against Defects. Artist warrantthat 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 theexpiration 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.
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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.
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. This reservation of rights by the
City survives the expiration of this Agreement.
Section 24. Force Majeure. No party to this Agreement will be liable for failures or delays in
performance due to any cause beyond their control including, but not limited to, any failures or
delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy,
common carrier, severe inclement weather, and riots or interference by civil or military
authorities. Artist shall inform the City in writing and submit proof of force majeure within three
(3) business days of the event or occurrence of force majeure. Artist' 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 25. 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; 2) remain to be
performed; or 3) by their nature would be intended to be applicable following the termination or
expiration.
Section 26. 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 27. 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' performance
under this Agreement.
B. This Agreement is also subject to applicable provisions of the City's Charter.
Section 28. 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 29. Interpretation. This Agreement will be governed by and construed in accordance
with the laws of the State of Texas.
Section 30. Notice.
• A. All notices, demands, requests, or replies provided for or permitted, under this
Agreement by either party must be in writing and must be delivered by one of the
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following methods: (1) by personal delivery; (2) by deposit with the United States Postal
Service as certified or registered mail, return receipt requested, postage prepaid; (3) by
prepaid telegram; (4) by deposit with an overnight express delivery service, for which
service has been prepaid; (5) by fax transmission; or (6) e-mail.
B. Notice deposited with the United States Postal Service in the manner described above
shall be deemed effective two (2) business days after deposit with the United States
Postal Service. Notice by telegram or overnight express delivery service in the manner
described above will be deemed effective one (1) business day after transmission to the
telegraph company or overnight express carrier. Notice by fax or e-mail will be deemed
effective upon transmission with proof of delivery to the receiving party. All
communications must only be made to the following:
IF TO CITY: IF TO ARTIST:
City of Corpus Christi — Parks and Recreation Monument Fine Art and Sculpture
Attn: Director Conservation LLC
1201 Leopard; 3rd Floor 733 Bradshaw Dr.
P.O. Box 9277 Corpus Christi, Texas 78412
Corpus Christi, Texas 78469-9277 Email: malczewskiandrew(a�gmail.com;
(361) 880-3464 Email: paul@dancingmetal.com
(361) 880-3864 Fax
C. Either party may change the address to which notice is sent by using a method set out
above. Artist shall notify City of an address change within ten (10) days after the
address is changed.
Section 31. 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 32. Disputes. Any disputes concerning Artist' 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 33. 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 34. Waiver.
A. The failure of either party to complain of any act or omission on the part of the other
party, no matter how long the same may continue, will not be deemed a waiver by said
party of any of its rights under this Agreement.
B. No waiver of any covenant or condition or of the breach of any covenant or condition of
this Agreement by either party at any time, express or implied, will be taken to constitute
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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' default of any provision of this Agreement will not be
considered an estoppel against the City. It is expressly understood that, if at any time
Artist are 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 themselves 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 themselves 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 Agreement or the application hereof to any person or circumstance is, to any
extent, held illegal, invalid, or unenforceable under present or future law or by a final
judgment of a court of competent jurisdiction, then the remainder of this Agreement, or
the application of said term or provision to persons or circumstances other than those as
to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is
the definite intent of the parties to this Agreement that every section, paragraph,
subdivision, clause, provision, phrase, or word hereof be given full force and effect for its
purpose.
B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Agreement, in lieu of each illegal,
invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to
the illegal, invalid, or unenforceable clause or provision as may be possible and be legal,
valid, and enforceable, will be added to this Agreement automatically.
Section 36. Acknowledgment and Construction of Ambiguities. The parties expressly
agree that they have each independently read and understood this Agreement. By Artist'
execution of this Agreement, Artist agree 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 this Agreement are for convenience only and
do not in any way limit or amplify the terms or provisions of this Agreement.
Section 38. Disclosure of Interests Artist agrees to comply with City of Corpus Christi
Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract.
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Artist agrees to comply with Texas Government Code section 2252.908 and complete Form
1295 Certificate of Interested Parties as part of this contract. For more information, please
review the information on the Texas Ethics Commission website at
https://www.ethics.state.tx.us. Artist agrees to comply with Chapter 176 of the Texas Local
Government Code and file Form CIQ with the City Secretary's Office, if required. For more
information and to determine if you need to file a Form CIQ, please review the information on
the City Secretary's website at http://www.cctexas.com/qovernment/city-secretary/conflict-
disclosure/index.
Section 39. 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 40. Entire Agreement. No verbal agreements or conversations between any officer,
employee, or agent of the City and Artist or Artist' 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' performance under this Agreement.
EXEC TED IN DUPLICATE, each of which will be considered an original, on this the 31
of V a C- , 2017. day
CITY OF CORPUS CHRISTI
e,fidue} I q
Margie C. Rose Z.8 1
City Manager COUNCIL""'""'"
/vie,
sl cR A r A
Attest:
(L tQT
Rebecca Huerta
City Secretary �/
APPROVED AS TO LEGAL FORM 017
Assistant Cit torney
Page 10 of 15
ARTIST /
By: /
Printed Title: PcvL
Date: —5/14./71 7
LIST OF ATTACHED EXHIBITS
Exhibit A: Artwork Plans and Specifications
Exhibit B: Insurance Requirements
Exhibit C: Artist's Disclosure of Interest
Page 11 of 15
EXHIBIT A
Collier Pool Public Art— Concept Rendering
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Page 12 of 15
EXHIBIT B
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- Bodily Injury and Property Damage
renewal, material change or termination is
required on all certificates Per occurrence/aggregate
COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT
1. Commercial Broad Form
2. Premise— Operations
3. Products -Completed Operations
4. Broad Form Property Damage
5. Contractual Liability
6. Independent Contractors
7. Fire Damage
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 Artists' possession and
control, in addition to the Artist'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 Christi, TX
2. During the installation of the artwork at
the Site
Required for installation of Artwork on
site
WORKERS' COMPENSATION
MUST COMPLY WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
EMPLOYERS' LIABILITY $500,000
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II. ADDITIONAL REQUIREMENTS
A. As 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 it's 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 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. 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
policy 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 following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(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 Liability 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 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 agreement.
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 subcontractors' performance of the work
covered under this agreement.
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.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
Page 15 of 15
EXHIBIT C
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 i1 there are Interested parties OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties CERTIFICATION OF FILING
1 Name of business entity tiling form,and the city,state and country of the business entity's place Certificate Number
of business. 2017-177217
Monument Fine Art and Sculpture Conservation
Corpus Christi,TX United States Date Flied:
2 Name of governmental entity or state agency that Is a party to the contract for which the form Is 03/10/2017
being fled. yV U
City of Corpus Christi Da Ackr�owladged:
3 Provide the Identification number used by the governmental entity or state agency to track or identify the ontract,and provide a
description of the services,goods,or other property to be provided under the contract.
111
Design and fabrication of"Wind and Sea"a sculptural shade structure for Collier Park.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling 1 Intermediary
5 Check only if there Is NO Interested Party.
x
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure Is true and correct
fj,�N,,�,'{�-� X
CAMRON CO
.1 :" 1^= Notary Public, stole or texas
= :' My Commission Expiresl
`•':e'Orf./ December 03, 2018
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP J SEAL ABOVE
Sworn to and subscribed before me,by the saki lAU t_&!ptY\ this the I L day of M arch
20 11 ,to certify which,witness my hand and seat of office.
QfYYLA �anmr�on x
Sior to .of officer administering oath Printed name of officer administering oath TiEitrAINALI
f office ministering oath
Forms provided by Texas Ethics Commission wrww.ethics.state.tx.us Version V1.0.277