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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 S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement 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 S:\Community Services\Civic Center (Campus ArtworMWARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement 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 S:\Community Services\Civic Center {Campus ArtworMWARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement 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) S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement 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. SXommunity Services\Civic CenterlCampus Artwork\WARE-MONU14ENT ART PURCHASE AGREEMENT Art Purchase Agreement 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 S:\Community Services\Civic Center (Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement 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 S:\Community Services\Civic Center Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement 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 S:\Community Services\Civic Center Campus ArtworMWARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement 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: S:\Community Services\Civic Center Cgmpus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT 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 S:\Community Services\Civic Center {Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement 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 S:\Community Services\Civic Center C-ampus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement 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 S:\Community Services\Civic Center; Campus Artwork\WARE-MONUMENT ART PURCHASE AGREEMENT Art Purchase Agreement 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 G vim. a O O Q n 1 'tau e 3� w n 2 0 I G IQ C7 � t p Ty� ��q o �-r ter. 0 a 023 164 • jql -05-00 11 :03A waVtI2# iPP 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