Ware,William/Art Purchase Agree Civic Center Geyser 00ART PURCHASE AGREEMENT
THIS ART PURC ASE AGREEMENT (the "Agreement") is entered into this/?-Aay
of f 2000, by d between THE CITY OF LA QUINTA, a California municipal
corporation (the "City"), nd WILLIAM WARE ("Artist").
RECITALS
A. The CITY is currently constructing the Civic Center Campus. The CITY is
commissioning the fabric tion and installation of certain ARTWORK (the "Artwork") to be
installed and displayed at the SITE LOCATION which is located on the Civic Center Campus,
at the southwest corner o Calle Tampico and Washington (the "Site Location").
NOW, THEREF RE, the parties hereto, for the consideration and under the conditions
hereinafter set forth, here y mutually agree as follows:
ARTICLE I. SCOPE OF SERVICES
1.1 Scone of sin SeEyiggLs. Artist shall prepare or cause to be prepared, any
required approvals for al shop drawings, details, and samples, and shall do all. other things
necessary and incidental t the performance of the Artist's obligations pursuant to this Agreement.
1.2 Scone of Fabrication Services. Artist shall fabricate, transport and install the
Artwork pursuant to and by the times set forth in the Scope of Design Build Services and the
Schedule of Performanc attached hereto as Exhibit A and Exhibit B, respectively, and
incorporated herein by th s reference.
The City shall have the right to review the Artwork at reasonable time s during the
fabrication thereof. Ar 'st shall submit to the City monthly progress narratives, including
photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall
include the percentage of e Artwork completed to date, along with an estimated completion date.
Artist shall furnish all tools, equipment, apparatus, facilities, plant, labor, services,
materials, and all utilities and transportation, including power, fuel, and water, and to perform
all work necessary to cons ct, transport and install in a good and workmanlike manner the scope
of work set forth in the cope of Design Build Services (Exhibit A), or reasonably inferable
therein, together with the ppurtenances thereto, at the Site Location. It is understood and agreed
that all said plant, labor, rvices, materials, equipment, and facilities shall be furnished and said
work performed and com leted by Artist as an independent contractor, subject to the inspection
and approval of the City r its representatives.
The Artist hall present to the City in writing for further review and approval any
and all significant changes in the scope, design, color, size, material or texture, of the Artwork
not permitted by or not in substantial conformity with the approved working drawings and the
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Scope of Design Build S vices (Exhibit A). A significant change is any change in the scope,
design, color, size, materi , texture, or Site Location which affects installation, scheduling, site
preparation, or maintena ce for the Artwork or the schematic concept of the Artwork as
represented in the schema 'c drawings, the approved working drawings, and the Scope of Design
Build Services (Exhibit A .
Artist shall at all times maintain proper facilities and provide safe access for
inspection of the Artwork y the City, its engineer or representatives, and to the sites wherein the
Artwork is located prior t installation. Where specifications require work to be specially tested
or approved, it shall not b tested without timely notice to the City, of its readiness for inspection
and without the approval ereof, or consent thereto by the City. The Artist shall promptly notify
the respective department or official bodies when its work is ready for inspection and shall, at
once, do all work require to remove any violations or to comply with such inspections, without
additional charge to the ity. The Artist shall perform all work necessary to obtain approvals
from the authorities ment oned above without additional cost to the City.
1.3 Chan e Or ers.
In addition to the change orders and extra work specified and provided for in the
Scope of Design Build Se vices (Exhibit A), the City may at any time during the progress of the
completion and installati n of the Artwork and up to the date of the issuance of a Notice of
Completion as hereinafter defined, when in the City's reasonable determination the public interest
and necessity so require, equest any alterations, deviations, additions to or omissions from this
Agreement, Scope of Design Build Services (Exhibit A), or the work, labor and materials to be
furnished thereunder, an the same shall in no way affect or make void this Agreement.
Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless
a change therefrom is authorized in writing. In such case, the terms of said change shall be
understood and agreed u on in writing by the City and Artist before commencement of said
revised work.
1.4
a. The Artist shall notify the City in writing when fabrication of the Artwork
is completed and ready f r delivery and installation at the Site Location which is designated in
Exhibit A and B, attached hereto and incorporated herein by reference.
b. Up n completion and at all times during fabrication and installation, the
Artwork shall comply wi all applicable statutes, ordinances and regulations of any governmental
agency having jurisdictio over the Artwork.
1.5 Post-Insta lation.
a. The Artist shall be available at such reasonable time or times as may be
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agreed between the City and Artist to attend any and all inauguration, ground breaking, or
presentation ceremonies on completion of the Artwork.
b. The City shall use reasonable efforts to arrange for publicity for the
completed Artwork by local media and publications, and otherwise as may be determined between
the City and Artist as soon as practicable following installation.
C. U
written instructions for
1.6
a. If
responsibility of the City
complete by the City. B
to be inspected by suita
following completion of
specific written objectio
Artwork by a Notice of
Completion (Exhibit D)
Artwork in conformity w
further performance obli
installation of the Artwork, the Artist shall provide the City with
)priate maintenance and preservation of the Artwork.
Artist shall advise the City in writing that the Artwork will become the
a the effective date of completion of the project and the acceptance as
owing receipt of such notice the City shall cause the installed Artwork
y qualified and appropriate professional(s), and within five (5) days
ch inspection(s), the City shall either provide Artist with reasonably
to the installed Artwork or notify the Artist of its acceptance of the
ompletion in the form attached hereto as Exhibit D. Such Notice of
call be evidence of the satisfactory completion and installation of the
i this Agreement, subject to the indemnification, representations, and
[tions set forth in this Agreement.
b. Final Acceptance by the City of the ownership of the Artwork will occur
at the filing of the Notice of Completion.
1.7 Rik of Logs. Upon receipt of the Notice of Completion, the risk of loss or damage
to the Artwork shall be b me by the City. The Artist shall take such measures as are necessary
to protect the Artwork frm loss or damage, through insurance or other adequate security, and
to maintain the Artwork until the Notice of Completion is made by the City.
1.8 Title. Titl to the Artwork and any construction drawings, plans, or other work
product generated pursua t to this Agreement shall remain with the Artist and shall pass and vest
with the City upon issua a of Final Acceptance or Termination pursuant to Article IX hereof.
AIRTICLE II. TIME OF PERFORMANCE
2.1 Time. Ai
under this Agreement. 1
the labor, materials, equi
in the manner herein set
other penalties provided
either may suffer on aca
In the
st does agree to punctually and diligently perform all their obligations
is further understood and agreed that should the Artist fail to furnish
nent, and or services, to perform all work and labor as herein provided
)rth in good and workmanlike manner, Artist shall, in addition to any
n the Agreement, be liable to the City for all losses or damages that
mt thereof.
Artist at the time refuses or neglects to supply a sufficient number of
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properly skilled workers
adjudicated bankrupt, or
insolvency, or makes an a
to make prompt payment t
diligently prosecute the we
and all of the Covenants as
giving twenty-four (24) h,
may be necessary and ded
due to Artist under this Al
to proceed with the work a
warehouse and take poss
Agreement, of the Artw(
thereon, and may employ,
therefor. In the case of suc
not be entitled to receive a
the City is completely fii
under this Agreement exce
excess shall be paid by t
balance, then Artist shall p
such unpaid balance. The
materials or for finishing
default, shall be chargeal
materials, tools, and appli
If the City elects not to to
losses or damages resulti
r a sufficient quantity of materials of proper quality, or in effect be
files a voluntary petition in bankruptcy, or commits any act of
;ignment, for benefit or creditors, without the City's consent, or fails
his materialmen and laborers, or fails in any respect to properly and
k covered by this Agreement, or otherwise fails to perform fully any
I obligations herein contained; then the City may, at its option, after
ars written notice to Artist, provide any such labor and materials as
ct the cost thereof from any money then due or thereafter to become
eement; or the City and may at its option, terminate the Artist's right
d, in that event, the City shall have the right to enter upon the Artist's
3sion, for the purpose of completing the work included under this
k or any portion thereof, and all materials, tools, and appliances
iy other person or persons to finish the work and provide the materials
i discontinuance of Artist's right to proceed with the work, Artist shall
y further payment under this Agreement until the work undertaken by
fished. At that time, if the unpaid balance of the amount to be paid
ds the expenses incurred by the City in finishing Artist's work, such
e City to the Artist, but if such expense shall exceed such unpaid
)mptly pay to the City the amount by which such expense shall exceed
xpense incurred by the City as herein provided, either for furnishing
work, and any damages incurred by the City by reason of Artist's
e to, and paid by Artist, and the City shall have a lien upon all
ices, taken possession of, as aforesaid, to secure the payment thereof.
irate Artist's right to proceed, Artist agrees to reimburse the City fo r
from the delay in speedy progress of work.
If Artist should neglect to prosecute the work properly or fail to perform any
provisions of this Agreem nt, the City, after three (3) days' written notice to Artist, may without
prejudice to any other re edy it may have, make good such deficiencies and may deduct the cost
thereof from the paymen then or thereafter due Artist; provided, however, that the City shall
approve such action and ertify the amount thereof to be charged to Artist.
ARTICLE III. WARRANTIES
3.1 Tille. The Artist represents and warrants that: (a) the Artwork is solely the result
of the artistic effort of e Artist; (b) except as otherwise disclosed in writing to the City, the
Artwork is unique and or ginal and does not infringe upon any copyright; (c) the Artwork, or a
duplicate thereof, has not een accepted for sale elsewhere; and (d) the Artwork is free and clear
of any and all encumbran es and/or monetary liens.
3.2 Quali1y and Condition. The Artist represents and warrants, except as otherwise
disclosed to the City in writing, that: (a) the fabrication of the Artwork will be performed in a
workmanlike manner; (b the Artwork, as fabricated and following installation, will be free of
patent and latent defect in material and workmanship, including any defects consisting of
"inherent vice" or quali ies which cause or accelerate deterioration of the Artwork; and (c)
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reasonable maintenance of the Artwork will not require procedures substantially in excess of those
described in the maintenance recommendations to be submitted by the Artist to the City
hereunder.
The warr ties described in this Section 3.2 shall survive for a period of one (1)
year after the Acceptance f the Artwork, except the representation and warranty concerning latent
defects shall survive for a period of three (3) years from after Acceptance of the Artwork. The
City shall give notice o the Artist of any observed and claimed breach with reasonable
promptness. The Artist shall, at the request of the City, and at no cost to the City, cure
reasonably and promptly a breach of any such warranty which is curable by the Artist and which
cure is consistent with pro essional conservation standards (including, for example, cure by means
of repair or refabrication f the Artwork).
TICLE IV. PERFORMANCE BONDS
The Artist shall not be required by the City to post any performance bonds or
similar undertakings, and y requirement of any other authority for performance bonds shall be
the responsibility of the ity. Nevertheless, Artist shall prevent any lien from attaching to the
Artwork by any person c aiming under Artist.
5.1 General.
U.S.C. Sections 101 el
possession, except as su
Artwork in its final dv
duplicate, dimensional
to others to do so exc
Acceptance by the City
and its agents an irrevo
noncommercial purpos
brochures, media public
are exercised in a tastes
CLE V. REPRODUCTION RIGHTS
The Artist shall retain all rights under the Copyright Act of 1976, 17
eq., and all other rights in and to the Artwork except ownership and
. rights are limited by this Agreement. In view of the intention that the
zsion shall be unique, the Artist shall not make any additional exact
productions of the final artwork, nor shall the Artist grant permission
t with the written permission of the City and at such time as Final
which time the City alone may approve. The Artist grants to the City,
ble license to make two-dimensional reproductions of the Artwork for
including but not limited to reproductions used in advertising,
and catalogues or other similar publications, provided that these rights
and professional manner.
5.2 Notice. A 1 reproductions by the City shall contain a credit to the Artist and denote
its location, provided that the Artwork is protected by United States copyright law and reasonable
substantiation thereof is provided to the City.
5.3 Red
States Register of
The Artist may at its expense cause to be registered, with the United
s, a copyright in the Artwork in the Artist's name.
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6.1 Identific
plaque identifying the
reasonably maintain si
elements.
6.2 Mainten
basis is essential to the
6.3
ARTICLE VI. ARTIST'S RIGHTS
►R. The City shall, at its expense, prepare and install at the Site, a
tist, the title of the Artwork and the year of completion, and shall
notice in good repair against the ravages of time, vandalism and the
The parties recognize that maintenance of the Artwork on a regular
itv of the Artwork.
ion.
a. Th City shall have the right to determine, after consultation with a
professional art conserva or, when and if repairs and restoration to the Artwork will be made.
To the extent practical, e Artist, during the Artist's lifetime, may be given the opportunity to
make or personally super ise significant repairs and restorations and shall be paid a reasonable
fee for any such services, provided that the City and the Artist mutually agree in writing, prior
to the commencement of any significant repairs or restorations, upon the Artist's fee for such
services. No fees shall be paid to Artist for repair or restoration due to a breach of the
representations and warranties set forth herein.
b. All repairs and restorations shall be made in accordance with recognized
principles of
6.4
a. Th� City shall maintain the Artwork in a manner that the City determines
appropriate in its sole dis retion.
b. Th City shall use its reasonable efforts to meet and consult with Artist prior
to the time of making any Iteration. If any alteration is made without the consent of Artist, Artist
shall have the right to dir ct the City to remove Artist's name from the Artwork. In connection
herewith, Artist hereby a knowledges and agrees that Artist is familiar with Section 987 of the
California Civil Code and the rights and protection afforded Artist thereunder, and Artist hereby
waives each and all of A tist's rights and protection under Section 987 of the California Civil
Code to the extent such ights and protection are inconsistent with this Section 6.4; provided,
however, that to the exte that the rights and protection afforded Artist under Section 987 of the
California Civil Code are not inconsistent with this Section 6.4 or pertain to matters that are not
dealt with in this Section 6.4, Artist shall retain such rights and protection.
6.5 Permanent Record. The City shall maintain a record of this Agreement and of the
location and disposition Of the Artwork.
6.6Artist's Address. The Artist shall notify the City of changes in their address. The
City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's
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rights under this
6.7 Surviving Covenants. The covenants and obligations set forth in this Article VI
shall be binding upon the parties, their heirs, legatees, executors, administrators, assigns,
transferees and all their su cessors in interest, and the City's covenants do attach and run with the
Artwork and shall be bin ing to and until twenty (20) years after the death of the Artist unless
otherwise stated herein. pon the death of the Artist, the representative of Artist's estate shall
assume the surviving cove ants and obligations of Artist set forth in this Article VI.
ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR
The Artist shall perform all work under this Agreement as an independent
contractor and not as an gent, joint venturer, partner or an employee of the City. The Artist
shall not:
a. be s pervised by any employee or official of the City;
b. exe cise supervision over any employee or official of the City;
C. have authority to contract for or bind the City in any manner; or represent
itself as an agent of the C'ty; or otherwise be authorized to act for or on behalf of the City;
d. have status as the City's employees or have any right to any benefits that
the City grants to its empl yees.
VIII. ASSIGNMENT OR TRANSFER
No party shall assign or transfer an interest in this Agreement without the prior
written consent of the othe parties, provided, however, that claims for money due or to become
due from the City under this Agreement may be assigned to a financial institution without
approval.
ARTICLE IX. TERMINATION
The City y, by written notice to the Artist, terminate this Agreement either (a)
upon the failure by Artist t perform any of its obligations hereunder in accordance with the terms
hereof or any other breac by Artist of the terms of this Agreement, when such failure or breach
continues uncured for ffteen (15) days following notice thereof from the City to Artist
("Termination for Default' ), or (b) at any other time in the sole and absolute discretion of the City
("Discretionary Termination"). Termination for Default and Discretionary Termination are
sometimes hereinafter co lectively referred to as "Termination". Upon Termination, except as
provided in this Article I , all parties shall be released from all further obligations and liability
hereunder. Effective up n a Termination, the Artwork, or so much thereof or has then been
completed, shall be trans rred to and shall belong to the City. In such event and upon Artist's
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written request, the City s
Default and subject to A
compensation due Artist t
C); upon a Discretionary
in Exhibit C hereto and
Installation of Artwork p
Schedule of Compensation,
the last payment pursuant
Discretionary Terminatio
reasonable substantiation f
shall not be relieved of li
breach of this Agreement
Artist until such time as t
ARTI
ill remove Artist's name from the Artwork. Upon a Termination for
,le 2.1, the Artist shall be entitled only to that portion of the. total
is then payable pursuant to the Schedule of Compensation (Exhibit
-mination, Artist shall be entitled to the full Artist Fees provided for
at portion of the costs and expenses of Design, Fabrication and
vided for in Exhibit C hereto that is then payable pursuant to the
;xhibit C), plus all other costs reasonably incurred by Artist following
the Schedule of Compensation (Exhibit C), prior to the date of the
provided that Artist shall be required to provide the City with
such costs. Notwithstanding anything else herein contained, Artist
Jity to the City for damages sustained by the City by virtue of any
r the Artist, and the City may reasonably withhold payments to the
exact amount of such damages is determined.
X. CONTRACTOR ADMINISTRATOR
The Contr ct Administrator for this Agreement shall be the City Community
Services Director. Wher ver this Agreement requires any notice to be given to or by the City,
or any determination oration to be made by the City, the City Community Services Director
shall represent and act for the City.
CLE XI. NON-DISCRIMINATION
In carrying ut the performance of the services designated, the Artist and the City
shall not discriminate as to race, color, creed, religion, marital status, national origin or ancestry,
and the Artist shall conipI3 with the equality of employment opportunity provisions of State and
local laws and regulations as presently existing or hereafter amended.
XII. ENTIRE AGREEMENT
This Agre ment, consisting of 22 pages and four exhibits, embodies the entire
Agreement and understan . g between the parties hereto, and there are no other agreements and
understandings, oral or written, with reference to the subject matter hereof that are not merged
herein and superseded her by, except as set forth hereinabove.
No altei
unless made in writing
City.
ARTICLE XIII. MODIFICATION
n, change or modification of the terms of the Agreement shall be valid
signed by each party hereto and approved by appropriate action of th e
ARTICLE XIV. WAIVER
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No waiver
waiver of any subsequent
payment or acceptance of
right or acceptance of deft
15.1 This
and construed in ac
15.2 In addition
set forth in this Agreemi
of the terms of this Agref
equity, consistent with t
the Superior Court of tl
court, or in the Federal
County.
of performance by either party shall be construed as or operate as a
default of any terms, covenants and conditions of this Agreement. The
ees for any period after a default shall not be deemed a waiver of any
:ctive performance.
ARTICLE XV. GOVERNING LAW
.it, regardless of where executed or performed, shall be governed by
with the laws of the State of California.
any other rights or remedies and subject to the restrictions otherwise
:, either party may institute legal action to seek specific performance
.ent, to recover damages, or to obtain any other remedy, at law or in
purpose of this Agreement. Such legal actions must be instituted in
County of Riverside, in an appropriate Riverside County municipal
►istrict Court in the district of California which includes Riverside
15.3 If any party to this Agreement brings a legal action or proceeding against another
party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out
of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall
be entitled to reimbursement by the other party of the legal fees and costs, including reasonable
attorney fees, incurred by he prevailing party in connection with the legal action or proceeding.
This Agre
Artist, and their respecti
All notices
permitted to be given and
duly given upon the delivi
by registered or certified
a. if
rc
TICLE XVI. HEIRS AND ASSIGNS
ent shall be binding upon and shall inure to the benefit of the City and
heirs, personal representatives, successors and permitted assigns.
ARTICLE XVII. NOTICES
requests, demands and other communications which are required or
this Agreement shall be in writing and shall be deemed to have been
or receipt thereof, as the case may be, if delivered personally or sent
iail, returned receipt requested, postage prepaid, as follows:
the City, to:.
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attention: Community Services Director
if tol the Artist, to:
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Art Purchase Agreement
William Ware
73-891 Masson Street
Palm Desert, CA 92260
ARTICLE XVIII. INDEMNITY
With respe to acts, errors or omissions in the performance of Artist's obligations
hereunder, Artist agrees o indemnify and hold harmless the City and its officers, agents,
employees, and represent tives from and against any and all claims, demands, defense costs,
liability or consequential damage of any kind or nature arising out of Artist's (including its
subcontractors, agents, a ployees, assigns or licensees) negligent and/or willful acts, errors or
omissions in the perform ce of Artist's obligations under this Agreement.
With resp ct to acts, errors or omissions in the performance of the City's
obligations hereunder, the ity agrees to indemnify and hold harmless Artist from and against any
and all claims, demands, efense costs, liability or consequential damages of any kind or nature
arising out of the City's (including its contractors') negligent and/or wilful acts, errors or
omissions in the performa ice of the City's obligations under this Agreement.
The forego' g indemnities shall be in effect without regard to the maintenance of
insurance coverage for an such loss, costs, claims, damages or expenses.
ARTICLE XIX. INSURANCE
19.1 Poli ie . Throughout fabrication of the Artwork the Artist shall maintain
Comprehensive General L ability Insurance, or Commercial General Liability Insurance, including
coverage for Premises an Operations, Contractual Liability, Personal Injury Liability (employee
and contractual exclusio s deleted), Products/Completed Operations Liability, Broad -Form
Property Damage and In ependent Contractors' ($1,000,000) per occurrence, combined single
limit, written on an occur ence form, and such other forms and amounts of insurance as the City
may deem necessary or esirable. All required insurance shall be evidenced by an insurance
policy or policies (or the r newal or replacement thereof) reasonably acceptable to the City. Artist
shall not proceed with an work nor receive payment under this Agreement until, among other
things, the City has recei ed the appropriate insurance certificates.
Artist, pri r to completion, shall maintain or cause to be maintained standard all-
risk property insurance i an amount equal to or greater than the full replacement value of the
Artwork.
The Artist's General Liability policy required by this Agreement.shall contain the
following clauses:
"The City of La Quinta and its officers, agents, employees, representatives,
and volunteers are added as additional insureds as respective operations and
act vities of, or on behalf of the named insured, performed under contract
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Prior to cc
City insurance certificates
and including the applies
execution date of this Agr,
Liability policy, which
endorsement shall be sign
include the signator's com
to receive within a reasoi
Agreement.
the City of La Quinta. "
nencing any work under this Agreement, Artist shall deliver to the
,nfirming the existence of the insurance required by this Agreement,
e clause referenced above. Also, within thirty (30) days of the
vent, Artist shall provide to the City an endorsement to the General
Is to this policy the applicable clause referenced above. Said
by an authorized representative of the insurance company and shall
ny affiliation and title. Also, the City has the right to demand, and
de time period, copies of any insurance policy required under this
In addition to any other remedies the City may have if Artist fails to provide or
maintain any insurance p licies or policy endorsements to the extent and within the time herein
required, the City may, at its sole option:
a.
Exercise o
the City may have, and is
secure appropriate endor
Nothing hi
which Artist may be held
from Artist's, or its respe,
covered under this Agree:
this Agreement.
any of the above remedies, however, is an alternative to other remedies
iot, the exclusive remedy for Artist's failure to maintain insurance or
-in contained shall be construed as limiting in any way the extent to
:sponsible for payments of damages to persons or property resulting
ve agents' contractors' or subcontractors', performance of the work
ARTICLE XX. GENERAL
20.1 Any provisions of this Agreement which shall prove to be invalid, void, or illegal
shall in no way affect, ' pair or invalidate any other provision hereof, and such remaining
provisions shall remain in full force and effect.
20.2 Whenever In the specifications any materials or process is indicated or specified
by patent or proprietary n e or by name of manufacturer, such specification shall be deemed to
be used for the purpose of facilitating description of the material and/or process desired, and shall
be deemed to be followe by the words "OR EQUAL", and Artist may offer any material or
process which shall be eq al in every respect to that so indicated or specified.
20.3 Artist shall offer any substitute in said proposal or if a substitute so offered by
Artist is not found to be equal to that so indicated or specified by name, if one only be so specified
or named, or, if more th n one be so specified or named, then such one as shall be specified in
the proposal, or if none be so specified, then such one shall be required by the City.
20.4 Unless a different date is provided in this Agreement, the Effective Date shall be
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the latest Date of Execu
the Artist fail to enter a
the City.
20.5 The City
covenants contained her
IN WITNESS W
year first written above.
ATTEST:
Jtwf—C-REEK, City
City of La Quinta, C
APPROVED AS TO
RER`flVE JENSON,
of La Quinta, Califs
hereinafter set forth below the names of the signature hereto. Should
of Execution, the Effective Date shall be the Date of Execution by
11 give any subsequent owner of the Artwork written notice of the
and shall cause each such successive owner to be bound thereby.
, the parties hereto have executed this Agreement on the day and
Attorney
CITY:
CITY OF LA QUINTA, a California
municipal c ora 'on
By.
THOMAS P. GENOVESE, City Manager
City of La Quinta, California
ARTIST:
11A. W
WILLIAM WA
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EXHIBIT A
I.
1. Artist shall furnish all labor, engineering, material, tools, equipment, etc., required
to design, fabricate and ins 11 the Artwork in accordance with the quality level and intent of the
concept drawings as prev ously prepared by Artist and approved by the City, along with all
governing agency require ents and code criteria.
2. Artist is responsible for submitting all required documents relating to the Artwork
design to appropriate gov rnnient agencies so that building plan check and all required permits
may be obtained in a timely manner.
3. Artist shall mediately notify the City in writing of any cost impact or schedule
ease r
impact whether incrdecrease, resulting from any modifications to the design. Any
redesign fees or any other osts incurred by the City due to Artist's negligence or failure to keep
the City informed of scop variances in a timely manner shall be charged to the Artist.
4. Artist shall
and governmental author
professional Mechanical,
California deemed necess;
5. Artist's
consultants.
Il.
As a further clan
necessarily be limited to
1. Artist shal
and record any defects to
constitutes the Artist's ci
this Agreement.
omplete the design in sufficient scale and detail as required by the City
ies for approval. The design documents shall bear the stamp of a
Structural and/or Electrical Engineer(s) licensed in the State of
ign and specifications shall be subject to approval by the City and its
tion to the plans and specifications, the work shall include but not
following:
examine or cause to be examined all supporting and adjacent surfaces
ie City prior to installing any material. The installation of any material
nplete acceptance of all substrates as compatible with the work under
2. Any work tork.
t provided for in this Agreement must be authorized by the City prior
to the installation of such
3. Artist is responsible for all repairs or replacement of any existing property or work
which is damaged as a result of the performance of the work under this Agreement.
S:\Community Services\Civic Center 'Campus Artwork\WARE-MONUBIENT ART PURCHASE AGREEMENT
Art Purchase Agreement
4. Artist
Artwork.
5. Artist shall
the Artwork.
provide all unloading, hoisting, scaffolding, and bracing for the
all drilling, coring, cutting, fastening, and welding required for
6. Artist shall Isupply all specialty lighting required to complete the Artwork.
1. The Artwo k consists of three bronze "mountain ranges"; each mountain range is
to be contain approximately seven pieces of bronze, representing the mountains.
2. Each mountain range will be approximately seven feet high, width six to seven feet
and four to five feet deep.
3. Wiring fo specialize lighting will be placed inside each "mountain range" to
illuminate the artpiece at night. This option to be installed by the City at a later
date. I
4. Additional conditions are provided as attachments to this exhibit, as provided by
the Artist.
5. The Artwo k is to be located on the Civic Center Campus (on the southwest comer
of Calle T pico and Washington Street) as outlined on the Master Plan for the
project.
6. The City will provide a location for the art piece, all other structures needed for
the installation is the responsibility of the artist.
7. It is a relief piece with detail only on one side. Panels of bronze will be installed
on the "mountains" in such a manner that the panels can be removed for engraving.
8. The entire Artwork is to be constructed of bronze.
9. It will not a polished, but allowed to let the natural environment create the effect
on theme 1.
S:\Community Services\Civic Center (Campus Artwork\WARE-MONUNIENT ART PURCHASE AGREEMENT
June 15, 2000
Dodie Horvitz
Community Service
78-495 Calle Taml
La Quinta, CA 9:
Dear Selection
:s Director
)ico
!253
FA
Once again, I am interested in being considered for artwork for the
La Quinta Civic Center Campus Project. I am offering the following
preliminary thoughts for your review and consideration.
GEYSER WATER FEATIME
One approach to integrating art with the geyser would be to work with
the natural movement of the water (ripples). Seven large, appropriate
to.scale, butterflies or birds that come out,of the water at least
8'. Refer to ske ch "A" and "B".
Another idea would be to create three large sculptures of water lily
pads with cut ou butterfly wings and/or dragonflies. Refer to sketch
nC"
All of the water sculptures would be constructed of maintenance free
aluminum and stainless steel. I would work closely with the lake and
geyser builder tc insure proper anchorage of the artwork. This work
sets a dialogue with the environment and engages the viewer in.a
sense of place.
ACKNOWLEDGMENT AA
A somewhat conte
La Quinta mounta
the viewer to wa
or possibly stat
founded in 1982.
cutting process.
a way that they
then put back in
welcome, and edu
The enclosed ide
te'res poi= €WF
,orary freestanding bronze sculpture reflecting the
range. Designed and presented in a way that allows
around the art and read names of selected honorees,
history La Quinta facts, such as, "Gem of the Desert"
his' can be done with the use of water -jet .or laser
y design would include some bolted panels in such
ould be unbolted for future cutting of names and
place. The opportunity exist to use art to inspire,
to its users. Refer to sketch "D".
and examples of my work will hopefully generate
Sincerely,
w ) ),L1 -Arm W a ��
William Ware
C�j3yD-5o�ty
. 7&* 991 MASSOM ST • PALM MSA RT CA.92260
022
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760 340 5024502 P.01
ED ART FOR THE LA QUINTA CIVIC CENTER PARR PROD!
Acknowledgment Area: Mountain View Bronze Memorial Sculpture
Cost: i a}; a efl . 90, 00
Cost includes: Artist design, bronze, hardware, patina finish,
labor cost, fabrication, deliveries, installation
lighting plan, working with and assisting landscape
architect, and all other appropriate engineers and
inspectors needed.fees.
Not included i cost: Base, installation of special lighting, and
laser cutting of selected script.
Quail Family- ronze, Edition of one with rights to use as a "Quail
Award" for casting cost only. Cost: $7,000.
- 7bC
( f¢,13Y0•SO �l • 73-M MAMM b7 • PArtAt W14047 CA.9=Rs0
026
Art Purchase Agreement
EXHIBIT B
SCHEDULE OF PERFORMANCE
SCHEDULING:
The project will tape approximately 6 months to complete the fabrication of the Artwork.
Work will comme ce during the month of October 2000, and completed and installed by
April, 2001, or as required as a part of the Civic Center Campus project.
The ARTIST will ,coordinate the installation of the artwork with the Design Consultant
and/or Landscape
REVIEWS:
There may be one eview by the Cultural Arts Commission of the work in progress if the
Commission deems it necessary to be conducted prior to the installation of art feature.
The project may b� reviewed by the City Council as deemed appropriate.
S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT
Art Purchase Agreement
EXHIBIT C
SCHEDULE OF COMPENSATION
PRICE:
Basic Contract: $90,000
Total Not to Exceed $90,000
First payment due upon project approval (50%) $45,000
Second payment doe upon completion of 75 % of the project $22,500
Final payment due upon filing of Notice of Completion for
the project $22,500
S:\Community Services\Civic Center Campus Artwork\WARE-MONUIdENT ART PURCHASE AGREEMENT
Art Purchase Agreement
EXHIBIT D
of Artwork: La Quinta Mountain Range
WHEREAS, by that certain Art Purchase Agreement dated , 200
("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City")
contracted with WILLIAM WARE to provide certain "Artwork" (as defined in the Agreement);
and,
WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice
of Completion upon completion of the fabrication and installation of the Artwork; and,
WHEREAS, such certificate shall be conclusive determination of satisfactory completion
of the fabrication and installation of the Artwork, as required by the Agreement, has been
satisfactorily completed.
NOW, THEREFORE, the parties hereto certify as follows:
1. As provided in the Agreement, the City does hereby certify that the fabrication and
installation of the Artwork'', has been fully performed and completed. Any executory obligations
pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain
enforceable according to their terms.
2. Nothing contained in this instrument shall modify in any other way any executory
portions of the Agreement
IN WITNESS WHEREOF, the Agency has executed this certificate this
day of , 2001.
CITY OF LA QUINTA, a California
municipal corporation
by:
&\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT 17
Art Purchase Agreement
EXHIBIT D
Piece of Artwork: La Quinta Mountain Range
WHEREAS by that certain Art Purchase Agreement dated , 200
("Agreement"), THE CITY OF LA QUINTA, a California municipal orporation (the "City")
contracted with WILLIAM WARE to provide certain ?'Artwork" (as defined in the Agreement);
and,
WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice
of Completion upon completion of the fabrication and installation of the Artwork; and,
WHEREAS, such certificate shall be conclusive determination of satisfactory completion
of the fabrication and installation of the Artwork, as required by the Agreement, has been
satisfactorily completed.
NOW, THEREFORE, the parties hereto certify as follows:
1. As provided in the Agreement, the City does hereby certify that the fabrication and
installation of the Artwork has been fully performed and completed. Any executory obligations
pursuant to the Agreement, which are hereby incorporated herein by reference, shall remain
enforceable according to their terms.
2. Nothing contained in this instrument shall modify in any other way any executory
portions of the Agreement.
JI
WITNESS WHEREOF, the Agency has executed this certificate this
day of , 200+i! Zj
CITY OF LA QUINTA, a California
S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT 17