HomeMy WebLinkAboutContract 31083s '�
�li'Y ��CF�����'�
CONT�ACT N� e �I _�._'�__
AGREEMENT FOR COMNIISSION OF PUBLIC ART WORK
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
VERNON FISHER
This Agreement, entered into this �{ day of /✓ ��� , 2004,
is by and between the City of Fort Worth, a municipal corparation, located in Tarrant,
Denton and Wise Counties, Texas, (the "City") acting by and through its duly authorized
City Manager or his designee and VERNON FISHER (the "Artist") with studios at
1109 N. Main, Fort Worth, TX 76106. The City has designated the ARTS COITNCIL
OF FORT WORTH & TARRAN'T COIJNTY, Inc., (the "Contract Manager") to inanage
this AGREEMENT on its behalf.
WHEREAS, funds from the CITY OF FORT WORTH PUBLIC EVENTS
DEPARTMENT and its FORT WORTH CONVENTION CENTER Facility (the "City
Facility") have been allocated for the selection, design and placeinent of works of art at,
in or near said City Facility; and,
V�I�REAS, the Artist was selected by the City through a selection process
conducted by the Contract Manager with the recommendation of the Fort Worth Art
Commission and City Council authorization (M&C C-19977) to design, execute,
fabricate and install two-dimensional works of art entitled, EARLY TEXAS / MODERN
TEXAS, more particularly described as two (2) oil and acrylic paintings on Texas-shaped
hardboard (the "Work"), to be installed on the walls adjacent to the escalators in the
lobby area outside the Main Ballroom on the Second Level of the Fort Worth Convention
Center, 1201 Houston Street, Fort Worth, TX, 76102, more particularly described in
E�iibit "A" hereto (the "Site"); and,
WI�REAS, the City and the Artist wish to set out the terms and conditions under
which said Work shall be executed, fabricated and installed;
NOW, THEREFORE, the City and Artist for and in consideration of the
covenants and agreements hereinafter set forth, the sufficiency of which is hereby
acknowledged, agree as follows:
1
� , :. ,
� �' � , , .
' 1'i'f! ��� sv� ' •-
-,�. _
;j�tt .�r�+n,,,���
�, ; .1 �. c.v �.
p —� cI�; � r
7�11 ^�'��'•���.��:L''�L� J.:�... ',
u '
�
ARTICLE 1
SCOPE OF SERVICES
l.l. General.
a. The Artist shall perform all services and furnish all
supplies, materials, and equipment as necessaiy for the execution,
fabrication, transportation and installation of the Work at the Site (see
Section 1.4).
b. The Artist shall determine the artistic expression, scope,
design, color, size, material, and texture of the Work. The location at the
Site in which the Work shall be installed has been mutually agreed upon
by the City and the Ar-tist.
c. The Artist shall install the Worlc on dates and at times
mutually agreed upon by the Artist and the City.
1.2. Artist Selection.
a. City and Artist acicnowledge that the Artist's Design,
attached hereto as Exhibit "B" has been reviewed and approved by the Fort
Worth Convention Center Steering Committee and the Fort Worth Art
Commission as the basis for executing this Contract with the Artist.
b. City and Artist agree that the contract amount of ONE
HUNDRED EIGHTY-ONE THOUSAND EIGHT HiJNDRED AND
SIXTY DOLLARS AND NO CENTS ($181,860� shall be full
compensation to Ai-tist for the completion of the Worlc as proposed,
inclusive of design, execution, fabrication, transportation, installati � f
insurance, incidental costs, contingency and Artist's fees. This con�act
amount includes a design fee in the amount of $18,240. This is in addition
to the $18,240 fee paid under the Artist's previous Design Contract.
1.3. Execution of the Work.
a. Upon execution of this contract, Ai-tist shall promptly
furnish to the City a schedule for the completion of the fabrication of the
Work, including a schedule for• the submission of progress reports, if any.
� :: I
i�'
�,...:�. . '.�Lt✓...
2 �.,;,,� :-"��,;�%—.�'�,'. ;
�.'J�l 0�5�:'I,,: �.''�.- i
��
SI ';�:J:i'•` `.�'l11 �- „ '1
V, �';J:� �I�,�� c������,: (�
� ��
After written approval of the schedule by the City, the Artist shall
fabricate, transport and install the Work in accordance with such schedule.
Schedule changes may be accomplished by written agreement between the
Artist and the City.
b. The City shall have the right to review the Work at
reasonable times during its fabrication. The Artist shall submit to the City
progress reports in accordance with the schedule provided for in
Paragraph a. of this Section.
c. The Artist shall complete the fabrication of the Work in
substantial conformity with E�ibit "B" hereof. However, Artist may
present to the City, in writing for further review and approval, any
significant changes in the scope, design, color, size, material, or texture of
the Work not in substantial conformity with E�ibit "B". City, in light of
Ea�hibit "B," shall determine whether a significant change, is approved.
1.4. Delivery and Installation.
a. The Artist shall notify the City in writing when fabrication
of the wark is completed and is ready for its delivery and installation at
the Site.
b. The Artist shall deliver and install the completed Work at
the Site in compliance with the schedule approved pursuant to Section
1.4; provided, however, that delivery and installation activities may not
commence until written permission is delivered to the Artist by the City
(see Section 3.2.).
c. The City shall not be responsible for labor and equipment
to prepare the Site for the installation of the Work.
d. The Artist shall take all necessary precautions to protect
and preserve the integrity and finish of adjacent building surfaces while
delivering and installing the Work. The Artist shall repair any damage to
the building due to his negligence or the negligence of his subcontractor.
3
e. Prior to installation of the Work, the Artist shall provide to
the City written instructions for appropriate maintenance and preservation
of the Work.
1.5. Post-installation.
a. Within thirry (30) days after the installation of the Work,
the Artist shall furnish the City with the following photographs of the
Work as installed:
1. One (1) 4 x 5 h•ansparency of each paintuig; and,
2. Tlu�ee (3) digital unages of each painting in situ, taken
8•om each of three different viewpoints
b. The Artist shall be available at such time or times as may
be agreed between the City and the Artist to attend any inauguration or
presentation ceremonies relating to the transfer of the Work to the City.
The City shall use its best efforts to arrange for publicity for the
coinpleted Work in such art publications and otherwise as inay be
deterinined between the City and the Artist as soon as practicable
following installation.
1.6. Final Acceptance.
a. The Artist shall advise the City in writing when all services
required prior to those described in Section 1.6 have been completed in
substantial confonnity with E�ibit "B" hereof. Included in such notice
from the Artist shall be an affidavit certifying that all bills relating to
services or supplies used in the performance of this Agreement have been
paid.
b. The City shall notify the Artist in writing of its final
acceptance of the Work.
c. Final acceptance shall be effective as of the earlier to occur
of (1) the date of the City's notification of final acceptance; or, (2) the
-i r : J �:-1. -. � li �':,�'�
4 ;; ��;L; V':�;:-' �:, �; j�, �;
:�,�-�.�L;':�
; �� ;�.J;�-,�1f i,-�.,
�� � . .. . ,'� 71� � u '��-.5'�:. !
�._ t
r s �
35th day after the Artist has sent the written notice to the City required
under Section 1.6 (a) unless the City, upon receipt of such notice and prior
to the expiration of the 35-day period, gives the Artist written notice
specifying and describing the services which have not been completed.
1.7. Risk of Loss
The risk of loss or damage to the Work shall be borne by the Artist prior to �nal
acceptance, and the Artist shall take such measures as are necessary to protect the Work
from loss or damage until final acceptance, including but not limited to the purchase of
property loss insurance; except that the risk of loss or damage shall be borne by the City
prior to final acceptance during such periods of time as the partially or wholly completed
Work is in the custody, control or supervision of the City or its agents for the purposes of
moving, storing, or performing any other ancillary services to the Work.
1.8. Title.
Title to the Work shall pass to the City upon final acceptance.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
2.1. Fixed Fee.
The City shall pay the Artist a�xed fee of ONE HtTNDRED EIGHTY-ONE
THOUSAND EIGHT HUNDRED AND SIXTY DOLLARS AND NO CENTS
$181 860, which shall constitute full compensation for all services and materials to be
performed and furnished by the Artist under this Agreement. The fee shall be paid in the
following installments, expressed as percentages (or portions) of such �xed fee, each
installment to represent full and final, non-refundable payment for all services and
materials provided prior to the due date thereof
a. Thirty_percent (30%) upon approval of the Artist's completion
schedule [see Section 1.3 (a)].
b. Fiftv ercent (50%) within ten (10) days after the City noti�es the
Artist to commence delivery and instailation of the Work at the Site.
5
c. Twenty percent (20%} within thirty-�ve (35) days after �nal
acceptance and receipt by City of such documentation it may require
concerning payment of services and supplied rendered to the Artist [see
Section 1.6 (a)]; provided, however, that final delivery shall not be
tendered prior to the expiration of thirty (30} days after final acceptance.
2.2. Sales Taxes.
The City is a tax-exempt organization and no state or local sales taxes or federal excise
taxes shall be due upon the Work. The City shall supply the Artist the "Texas Certi�cate
of Exemption"; in substantially the same form as that attached hereto and incorporated
herein as Exhibit "C", for use by Artist in acquiring materials and supplies for the Work.
2.3. Artist's Expenses.
The Artist shall be responsible for the payments of all mailings or shipping charges,
including insurance, on submissions to the City, the costs of transporting the Work to the
Site and the costs of all travel by the Artist, except as otherwise provided, and the labor
costs for Artist's agents and employees necessary for the proper performance of the
services required under this Agreement.
ARTICLE 3
TIlVIE OF PERFOR:MANCE
3.1. Duration.
The services to be required of the Artist set forth in Article 1 shall be completed in
accordance with the schedule for completion of the Work as proposed by the Artist and
approved by the City pursuant to Section 1.3.a.; provided, however, such time limits may
be extended or otherwise modi�ed by written ageement between the Artist and the City.
3.2. Earlv Completion of Artist Services.
The Artist shall bear any transportation and storage charges incurred from the completion
of his or her services prior to the time provided in the schedule for delivery.
3.3. Time Extensions; Force Majeure.
The City ar the Artist, as appropriate, shall grant a reasonable extension of tiine to the
other party if conditions beyond the parties' control or Acts of God, flood, riot, civil
0
insurrection, labor strikes, or orders of local or federal government render timely
performance of the parties' services impossible or unexpectedly burdensome. The party
suffering the impossibility or burdensome conditions must inform the other in writing
within the ten (10) days of the onset of such performance delay, specifying the reasons
therefore. Failure to ful�ll contractual obligations due to conditions beyond either party's
reasonable control shall not be considered a breach of this Agreement; provided,
however, that such obligations shall be suspended only for the duration of such
conditions.
.• .
�•'� 1
1. Warranties of Title.
The Artist represents and warrants that:
a. The Work is solely the result of the artistic effort of the
Artist;
b. Except as otherwise disclosed in writing to the City, the
Work is unique and original and does not infringe upon any copyright;
c. The Work, or a duplicate thereof, has not been accepted for
sale elsewhere; and,
d. The Work is free and clear of any liens from any source
whatever.
4.2. Warranties of Quality and Conditions.
The Artist represents and warrants, except as otherwise disclosed to the City in writing in
connection with submission of the Design pursuant to Section 1.2, that:
a. The execution and fabrication of the Work will be
performed in a workmanlike manner;
�
b. The Work, as fabricated and delivered, will be free of
defects in material and workmanship, including any defects consisting of
"inherent vice" or qualities which cause or accelerate deterioration of the
Work;
c. Reasonable maintenance of the Work will not require
procedures substantially in excess of those described in the final
maintenance recormnendations to the submitted by the Artist to the City
under Section 1.4.
The warranties described in this Section 4.2 shall survive for a period of one (1) year
after final acceptance of the Work, The City shall give notice to the Artist of any
observed breach with reasonable promptness. The Artist shall, at the request of the City,
and at no cost to the City, cure reasonably and promptly the breach of any such warranty
which is curable by the Artist and which cure is consistent with professional conservation
standards, including but not limited to, cure by means of repair or refabrication of the
Work, or any portion thereof.
ARTICLE 5
INSURANCE
5.1. General.
The Artist shall carry insurance as set out in Attachment "D".
Except as provided in Section 1.8 hereof, the risk of damage to or loss of the Work shall
during fabrication and installation, but prior to final acceptance by the City, shall be
solely that of the Artist. This risk shall transfer to the City and shall no longer be the
responsibility of the Artist upon final acceptance of the Work.
5.2. Performance Bonds.
The Artist shall not be required by the City to post any performance bonds or similar
undertakings, and any requirement of any other authority for performance bonds shall be
the responsibility of the City.
;' r � �, ; �=; � 1 5 � ,,�� �„ '_ .
i,.% '. _' -i,:r'" � i
g :�J`��� =<:� ��'<� �t�� � ,., r,%`, i
,� �. 'Fi r ;'iJ 1 i �',1 L � ��I, � s;: : �
s
ARTICLE 6
REPRODUCTION RIGHTS
6.1. General.
The Artist retains all reproduction rights under the Copyright Act of 1975, 17 U.S.C. §�
101 et. seq., and all other rights in and to the Work except as such rights are liinited by
this Section 6. In view of the intention that the Work in its final dimension shall be
unique, the Artist shall not make any additional exact duplicate, two-dimensional
reproductions of the final Wark, nor shall the Artist grant permission to others to do so
except with the prior written permission of the City. The Artist grants to the City and it
assigns an irrevocable license to make two-dimensional reproductions of the Work for
any municipal purpose, including, but not limited to, reproductions used in advertising,
brochures, stationery, media publicity, and catalogues or other similar publications.
6.2. Notice.
All reproductions by the City shall contain a credit to the Artist and a copyright notice
substantially in the following form: "O Artist's name, date of completion."
6.3. Credit to Citv.
The Artist shall use his or her best efforts to give a credit reading substantially, "an
original Work owned and cominissioned by the City of Fort Worth" in any public
showing of reproductions of the Work which are under the Artist's control.
ARTICLE 7
ARTIST'S RIGHTS
7.1. Identification.
The Contract Manager shall, at its expense and in consultation with Artist, prepare and
install at the Site, a plaque identifying the Artist, the title of the Work, and the year of
coinpletion.
7.2. Maintenance.
The City recognizes that maintenance of the Work on a regular basis is essential to the
integrity of the Work. The City shall reasonably assure that the Work is properly
maintained and protected, taking into account the maintenance instructions provided by
.1:1',':J ��: � i
9 - �,� ���� � ; '
�,_ ; i ��; << �� , i4;. � E
� J�II�a .,..���:JJ�II'ii� �I.�'� I
� i
Artist in accordance with Section 1.4, and shall reasonably protect and maintain the
Work against the ravages of time, vandalism, and the elements.
7.3. Repairs and Restoration.
a. The City shall have the right to determine, when and if
repairs and restorations to the Work will be made. During the Artist's
lifetime and to the extent practicable, the City shall give the Artist the
right to approve all inajor repairs and restorations; provided, however, the
Artist shall not unreasonably withhold approval for any repair or
restaration of the Work. Should Artist unreasonably withhold approval of
any intended major repair or restoration, the City shall have the right to
make such repair or restoration. To the extent practicable, the Artist,
during the Artist's lifetime, shall be given the opportunity to inake or
personally supervise major repairs and restorations and shall be paid a
reasonable fee for any such services, provided that the City and the Artist
shall agree in writing, prior to commencement of any significant repairs
and restorations, upon the Artist's fee far such services. Should the Artist
fail to agree to make or supervise the repairs and restorations, the City
shall have the right to choose another entity or person to assist with the
restoration andlor repairs or inake said repairs by the City.
b. All repairs and restorations shall be made in accordance
with recognized principles of conservation.
c. When einergency repairs are necessary in order to prevent
the loss of or further damage to the Work, such repairs shall be undertaken
or arra�ged by City without advance notice to Artist, and such repairs
shall not be deemed to constitute artistic alteration.
7.4. Alteration of the Work or of the Site.
a. In the event that the Work is incorporated into a building,
structure or realty, the installation of the Work may subject it to
destruction, distortion, mutilation or other modification by reason of its
removal, If removal of the Work would damage either the Work or the
building or structure, the City shall have the right to remove the Work by
any ineans, including destruction, in perfonning maintenance, repair,
, J ; � � ,-... �.> .. . ... .
� _ /, s
c7�� � ����Gi i , ;
1 � � 1 li i' . ;
�J U o ��!��� `J 1: I�� �JL p J I� b�, , t
_ _� ��
renovation, or reconstruction of the building, structure or in devoting
realty to a new use.
b. In the event that the Work is freestanding, or incorporated
into a building, structure or realty such that it may be removed without
damaging or destroying the Work or the building or structure, the Artist
may be given written notice and 90 days to remove the Work at his or her
sole expense. Upon Artist's failure to remove the Work, the City shall
have the right to remove and dispose of the Work by any means, including
its destruction.
c. The City agrees that it will not willfully destroy, damage,
or modify the work, except as provided in paragraphs a. and b. above.
d. In the event the Work is substantially damaged or altered,
the City shall no langer represent the Work as that of the Artist if the
Artist gives written notice to the City that it is the position of the Artist to
deny authorship on the grounds stated in this paragraph.
e. The City shall at all times have the right to move the Wark,
or remove it from public display. The City shall also have the right to sell
or trade the Work.
7.5. Permanent Record.
The City shall maintain on permanent file a record of this Agreement and of the location
and disposition of the Work.
7.6. Artist's Address.
The Artist shall notify the City of changes in this address. The failure to do so, if such
failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist
of the right subsequently to enforce these provisions of Article 7 that require the express
approval of the Artist. Notwithstanding this provision, the City shall make every
reasonable effort to locate the Artist when matters arise relating to the Artist's rights.
11
7.7. Survivin� Covenants.
The covenants and obligations set forth in this Article 7 shall not survive the death or
legal incapacity of the Artist.
7.8. Additional Rights and Remedies.
Nothing contained in this Article 7 shall be construed as a limitation on such other rights
and remedies available to the Artist under the law, which may now or in the future be
applicable.
ARTICLE 8
ARTIST AS AN INDEPENDENT CONTRACTOR
The Artist shall perform all work under this Agreement as an independent contractor and
not as an agent or an employee of the City. The Artist shall not be supervised by any
employee or official of the City nor shall the Artist exercise supervision over an
employee or official of the City.
ARTICLE 9
SUBCONTRACTIN
9.1. Subcontractin�y Artist.
The Artist may subcontract portions of the services to be provided hereunder at the
Artist's expense, provided that said subcontracting shall not affect the design, appearance
or visual quality of the Work and shall be carried out under the personal supervision of
the Artist. Any subcontract entered into under this Agreement shall be expressly subject
to the terms of this Agreement.
ARTICLE 10
TERMINATION
.1. Gratuities.
The City may cancel this Agreement if it is found that gratuities in the form of
entertainment, gifts or otherwise were offered or given by the Artist or any agent or
, ,,
� �5�r ��� ; ,� :
. _ � �� ,�. !
� i i 1 ;�. C � I C�'' '� .
12 ",JV � � ....
� ; �'�:� �.�.
� ;}��',:'``','J,;����i; ���'�`..
i
representative to any City official or employee with a view toward securing favorable
treatment with respect to the awarding, amending, or making of any determinations with
respect to this performance of this Agreement. In the event this Agreement is canceled
by the City, pursuant to this Section 10.1, the City shall be entitled, in addition to any
other rights and remedies, to recover from the Artists a sum equal in amount to the cost
incurred by the Artist in providing such gratuities.
10.2. Termination for Cause.
If either party to this Agreement shall willfully or negligently fail to fuifill in a timely and
proper manner, ar otherwise violate, any of the covenants, agreements or stipulatians
material to this Agreement, the other party shall thereupon have the right to terminate
this Agreement by giving written notice to the defaulting party of the intent to terminate
specifying the grounds for termination. The defaulting party shall have thirty (30) days
after receipt of the notice to cure the default. If it is not cured, then this Agreeinent shall
terminate. Termination of this Agreement under this provision shall not relieve the party
in default of any liabiliiy for damages resulting from a breach or a violation of the terms
of this Agreement.
10.3. Termination for Convenience.
a. The seroices to be performed under this Agreement may be
terminated by either party, subject to written notice submitted thirty (30)
days before termination. The notice shall specify whether the termination
is for convenience or cause.
b. If the termination is for the convenience af the City, the
Artist shall have the right to an equitable adjustment in the fee (without
allowance for anticipated profit on unperformed services), in which event
the City shall have the right at its discretion to possession and transfer of
title to the sketches, designs and models already prepared and submitted
or presented for submission to the City by the Artist under this Agreement
prior to the date of termination, provided that no right to fabricate or
execute the Work shall pass to the City.
c. If termination is for the convenience of the Artist, the Artist
shall remit to the City a sum equal to all payments (if any) made to the
Artist pursuant to this Agreement prior to termination.
13
10.4. Incapacity of Artist.
a. In the event of Artist's death or Artist becoming physically
or legally incapacitated during the term of this Agreement, the City shall
have the right to terminate this Agreement on payment to Artist or ArtisYs
successors for all work and services performed prior to death or
incapacity. All finished and unfinished drawings, sketches, photographs,
models and work shall become property of the City.
b. Should Artist's design been approved or if the Artist's work
has progressed to the point of fabrication of the Work, in the event of
termination under this section, the City shall have the right to complete
the Work. Due regard shall be made for Artist's intended resuits and
proper credit and acknowledgement shall be given to Artist.
ARTICLE 11
CONTRACT MANAGER
The Contract Manager for this Agreement shall be the Arts Council of Fort Worth &
Tarrant County, acting through its designated Public Art Director.
ARTICLE 12
EQUAL OPPORTIJNITY
a. The Artist shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin. The Artist shall take affirmative action to ensure that employees
are treated during employment, without regard to their race, color,
religion, sex and national origin. Such action shall include but not be
limited to the following: Employment, upgrading, demotion, transfer,
recruitment or pay or other forms of compensations, and selection for
training, including apprenticeship. The Artist agrees to post in
conspicuous places, available to employees and applications for
einployment, notices to be provided by the City setting forth the provision
of this nondiscrimination clause.
14
b. The At-tist shall in all solicitation or advertisements for
employment placed on or on behalf of the Artist, state that all qualified
applicants shall receive consideration for employment without regard to
race, color, religion, sex or national origin.
c. The Artist shall furnish all information and reports
requested by the City of Fort Worth, and shall permit access to its books,
records, and accounts for purposes of investigation to ascertain compliance
with such rules and regulations.
d. In the event of the Artist noncompliance with the
nondiscrimination clauses of this Agreement, this Agreement may be
canceled, terminated, or suspended in whole or in part, and the Artist may
be debar�ed from further agreements with the City of Fort Worth.
ARTICLE 13
MWBE PARTICIPATION
Contractor agrees to comply with Fort Worth City Code Chapter 20, Article 10,
governing minority and women business enterprises. Contractor acknowledges its
commitment to meet the $21,500 MWBE participation goal for minority business
enterprises (MBE) and/or women business enterprises (WBE) in this City contract.
MBE/WBE participation was part of the evaluation criteria used in the award of this
Contract; therefore, failure to comply shall result in a breach of this contract and may
result in being bai�red from City work for a period of not less than one year. Contractor
agrees to furnish documentation of MBE/WBE participation deemed proper by the City
of Fort Woi�th.
Further, upon request of the M/WBE office, Contractor shall submit such other
documentation as may be reasonably required to verify proof of payments. Failure to
submit these reports and other requested information, if any, as required shall authorize
the city to withhold payment from the contractor until such compliance is attained.
15
ARTICLE 14
MISCELLANEOUS
13.1. Cornpliance.
The Artist shall be required to camply with Federal, State and City statutes, ordinances
and regulations application to the performance of the Artist services under this
Agreement.
13.2. Entire A�reement.
This writing embodies the entire agreement and understanding 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 hereby.
13.3. Amendments.
No alteration, change, modi�cation or amendment of the terms of this Agreement shall
be valid or effective unless made in writing and signed by both parties hereto and
approved by appropriate action of the City.
13.4. Waiver.
No waiver of performance by either party shall be construed as or operate as a waiver of
any subsequent default of any terms, covenants, and conditions of this Agreement. The
payment or acceptance of fees for any period after a default shall not be deemed a waiver
of any right or acceptance of defective performance.
13.5. Governinp Law and Venue.
This Agreement, regardless of where executed or performed, shall be governed by and
construed in accordance with the laws of the State of Texas. Venue for any litigation
arising from this Agreement shall be in Tarrant County, Texas.
13.6. Successors and Assi ng_s.
This Agreement shall be binding upon and shall inure to the benefit of the City and the
Artist and their respective successors and assigns.
ARTICLE 15
NOTICES
All notices, requests, demands, and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be deemed to
have been duly given upon the delivery or receipt thereof, as the case may be, if delivered
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, as follows:
1. CITY OF FORT WORTH: Libby Watson, Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Copies to: David Yett, City Attorney
Law Department
1000 Throckmorton Street
Fort Worth, TX 76102
Martha Peters, Public Art Director
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, TX 76107
2. ARTIST Vernon Fisher
1109 N. Main Street
Fort Worth, TX 76106
17
IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and
year first written above.
CITY OF FORT WORTH
��
Attested By: By: ; -'f`-�
�' ts City M'�iager or Designee
� �
City Secreta �
1� a r� � v� � f� �� ���'��' G��� ���
Printed Na e Printed Name
M&C C-19977
Contract Authorization
February 24, 2004
Date
APPROVED AS TO FORM:
Assistant City Attoi-ney
ARTIST
l/ -tr �✓i�✓ G,S�► �
Printed Name
10
. ,'�;.. ..-�._ .... _. _ ...
f
� r , �.;� � �
�J U I, � z�:�_.. , �
'U ..--�-,� �,, �
t''ri��1J7',C; II �'� ��I'; � 4
, 3 c 1
mr. �rr.��r:►��i
\.J
H
�
�
a
0
�
�i�li�.177�.%� .S
EXHIBIT "A"
Vernon Fisher 1109 N. Main Ft. Worth, TX 76106
817.625.6931 fax 817.625.6932 vifisher@earthlink.net
PROJECT DESIGN
I am proposing two large (13' x 14') blackboard/map paintings
for the rock walls at the top of the escalators on the second
floor. I chose these sites because of their proximity to the
waiting areas outside the ballroom, and because, installed
over the escalators, they can be hung at a level more
accessible to viewers. In addition, the extensive traffic up
and down the escalators makes them interesting locations for
artworks.
The general subjects of the blackboards will be early
and modern Texas respectively. Each blackboard will consist
of a"shaped" blackboard map of Texas, a landscape vignette
and numerous faux chalk drawings of Texas related subject
matter. The blackboard maps themselves will locate each
"Texas" historically; the landscape vignettes with the
expansive Texas sky will embody the optimistic and
entrepreneurial spirit of Texas, and the smeared and
partially erased faux chalk drawings will contribute a more
nuanced feeling of place. �
Ear1y Texas will map rivers, early settlements and the
cattle trails of the late 19th century (the cattle drives
being a celebrated example of early commerce.) The drawings
will depict numerous examples of wildlife associated with �
Texas. The vignette will depict the "natural" expansive-sky
landscape of Texas.
Modern Texas will map the interstate highway system and
modern cities of the state. The subject matter of the
drawings will be drawn from Ft. Worth today: subjeets from
life in the city and a selection of prominent landmarks. The
vignette in this case will again depict an expansive-sky
landscape of Texas but with the addition of the Ft. Worth
skyline.
EXHIBIT 'B'
�
- _ ,;_
,,�� '
�
�,���z � �_�:�� � � ,;.� .
�iR : � T�f� -,�� �, X �k>
.i�� ' _ � <? Y � � ''`!.�
' d _ ,
i. �..�j'�� fi; g _
., a�:� �i �.r'� -� � ..� I ` i
��� ,� �. . i,,, • �z_ -
!s ' Fr
�i = :, '� ���: ,,c,
� � ,
� s ��
E # � 1�"� ,
s �
•s :
�k:�i _y�-� -
.T
t=Y. E ' a�ztrR t' .i_ i.
f��� �� .3_ .
� � �.�.,�� . . ,
�,:'� , �w:
� f..
= F.•: � �'' � + � t«:
_ . .
,_ . _ _
-.. ' ..r . _
S: �` : _
�
,;� . -
� .
,., _ . , . .r . ,. _
_— _ A. 2, . — Y4 f,
f-�
�}�� �
�i
� -i��l���'.�I �������Ji�Iil . .
� = � .1 n;:
1
��'� � � S"•:.i i+�( L I�;f�..,'� �_�� �
���� .�v�;%��''I:U'fl� U''�a\�:.. I;
��
Vernon Fisher 1109 N. Main Ft. Worth, TX 76106
817.625.6931 fax 817.625.6932 vifisher@earthiink.net
STRUCTURE AND INSTALLATION
The placement will be on the rock walls over each of the
escalators leading to the second floor. Figure 1 shows
placement relative to the wall.
Each blackboard will be constructed as depicted in figures 2
— 5. The grid will be of 1" by 3/4" popular with half-lap
joints on 16" intervals. The cross-braces will be 3/4' x 3
1/2" popular. The surface will be 1/8" tempered masonite
glued and stapled to the underlying grid. All joints are
glued and nailed. Portions of the grid that rest on wall
supports will be reinforced (figure 4). Each blackboard will
weigh an estimated 195 lbs.
The blackboards will be hung on 1/8" steel hangers designed
by Displays Unlimited (see figures 6& 7). These hangers are
designed to match the reinforced portions of the blackboards
themselves. The wall construction where the blackboards are
to be installed is stone tile over 5/8" drywall over metal
studs. Each hanger will be attached through the drywall using
3/8" x 4" toggle bolts with five points of attachment.
Each blackboard will be hung with the lower edge 36" from the
floor.
LIGHTING
The lighting will be recessed line voltage PAR38 rectangular
fixtures. The ceiling cut-out will be approximately 9.5" x
27".
MAINTENANCE
The pieces should be kept dry. If over time the surfaces get
dusty, they can be blown off with dry compressed air.
�
�I,�'J�;���i::� ����;%��.�:�:i; �
!�il�l'�� ;;;;�`�''c;jS� ,,',
��.: iF.: � . . . i.
�7 `%;; �.�;lC (
r U, ^::.:' ' �''�� ..
.� .✓1:�i1� �ic,
�
�� S
(,/�{/QE'2 L tf/�l � STRUc TCi1?t'�
5' T 2[� � T C! �2+9 L iJ t' Ti9�L„
�
!` _
� �A -
_ �� S '
o_ "
�, " f _
/q�/MF'OR CED
��
_; .=.i
�
� �_=,,.��� � . �
��� r'r �'::; j::=:� �> >�:? �i> �: i r; . �; �
�;��lu'`�j ':�;,;`'�;���'�� . .
e;�.. .. :�:.. �:` ;
�U :;�Jj.;"i, c `�I i;. ii:;,''��,
o •�J�:CiC� 11:.5�:. �
�-s �
�,�} G/�./ G?'H C S?12 u C T G R L�"
� �-
a
3$
��
��
>g
m
` � U 6� �'! � �',
� 'l U � :.�` ��✓ 1 �� n' ) �
Vernon Fisher 1109 N. Main Ft. Worth, TX 76106
817.625.6931 fax 817.625.6932 vlfisher@earthiink.net
Hudget (Including Design Contract)
Artist�s research, development, and
execution of the artwork.
Labor
Materials
Delivery and installation
Lighting
Total
Design Contract
Remaining to complete project.
Schedule
$166,000. Vr- rz�"` ���
9,500. (8,000 D/M/WBE)
4,500.
5,160.
v � I�,�� ..oK
14,940. (13,500. D/M/WBE)
$200,100.
(18,240.)
$181,860.
I've worked seven months on the project so far and expect to
be finished in another two to three months.
�
FORT WOfRT,�H,
TEXAS CERTIFICATE OF EXEMPTION
I claim an exemption from payment of sales and use taxes for the purchase of ta�cable
items described below or on the attached order or invoice.
Description of Items (or an attached order or invoice) To Be Purchased:
All Items
I claim this exemption for the following reason:
Name of exempt organization: Citv of Fort Worth
Texas Sales and Use Tax Permit Number 1-75-6000528-6
Project for which materials and supplies are purchased:
^ I understand that �I will be liable for payment of sales tax, which may become due for
failure to comply with the provisions of the state, city, and/or metropolitan transit
authority sales and use tax laws and comptroller rules regarding exempt purchases.
Liability for the tax will be determined by the price paid for the ta�cable items purchased
or the fair market rental value for the period of time used.
I understand that it is a misdemeanor to give an exemption certificate to the seller for
ta�cable items which I know, at the time of the purchase, will be used in a manner other
than that expensed in this certificate and, upon conviction, may be fined up to $500 per
offense.
Tax Exempt Status Due to Being a Governmental Entity
Purchaser: Citv of Fort Worth
Street Address: 1000 Throckmorton Street
City, State, Zip Code: Fort Worth Texas 76102
Sign Here: Date: Z d 3_ Phone: (817) 871-8517
J es R. Keyes, Director Finance .
This certificate does not require a number to be valid. Sales and use tax "exemption
numbers" or "tax exempt" numbers do not exist.
This certificate should be furnished to the supplier. Do not send the completed certificate
to the Comptroller of Public Accounts. _
EXHIBIT 'C"
PUBLIC ARTS PROJECT
ArtisYs insurance
1. Commercial General Liability (CGL)
$1,000,000 each occurrence
$2,000,000 aggregate limit
Coverage shall include but not be limited to the following: premises operations, independent
contractors, products/completed operations, personal injury, and contractual liability. tnsurance
shall be provided on an occurrence basis, be as comprehensive as the current Insurance
Services Office (ISO) policy.
2. Automobile Liability
$1,000,000 each accident on a combined single limit basis
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non-owned.
3. Workers' Compensation
Statutory limits
Employer's liability
$100, 000
$100,000
$500,000
Each accident/occurrence
Disease - per each employee
Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with statutory
benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev.
Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each
accidenboccurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per
employee
GENERAL POLICY REQUIREMENTS
• The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an
Additional Insured. Exception... the additional insured requirement does not apply to
Workers' Compensation policies
• Forty-five (45) days notice of cancellation or non-renewal.
Example: "This insurance shall not be canceled, limited in scope or coverage,
cancelled or non-renewed, until after forty-five (45) days prior written notice has
been given to the City of Fort Worth.
• Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth. ~
1v1�r1ea� i1:5� 8177�11�bb �K�� VUUIYVIL �� �w� --
• The insurers for all policies must be licensed/approved ta do business in the State of
Texas. Except for workers' campensatian, all insurers must have a minimum rating of A:
VII in the current A. M. Best Key Rating Guide ar have reasonably equivalenf financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
raquired, written approval of Risk Managemenf is required.
• If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess l.iabiliry shall foilow-form of the
primary cov�rage.
"Unless otherwise stated, all required insurance shall be written on the "accurrence
basis"". If coverage is underwritten on a claims-made basis, the retroactive date shall be
coincident with or prior to the date af the contractual agreement and the certificate of
insurance shall state that the coverage is claims-made and the retroactive date. , The
insurance coverage shall be maintained for the duration of the confiractual agreemen�et�.
' , . An annual cerkificate of
insurance submitted to the City shall evidence such insurance coverage,
The deductible or sef#-insured retention (SiR) affecting required insurance cov�rage shall
be acceptable to and approved in writing by the Risk Manager of the City of Fart Warth in
regards to asset value and stockholders' equiry. In lieu of traditional insurance,
alternative coverage maintained through insurance pools or risk retention groups, must
also approved by the City's Risk Manager.
+ The City, at its sole discretion, reserves the right to review th� insurance requirements
and to make reasonable adjustments to insurance coverages and their iimits when
deemed necessary and prudent by the City based upon changes in statutory law, court
decision or the claims history of the indus#ry as welf as of the contracting parfy to the City
of Fort Worth. The City shall be required to provide prior notice of ninety (days).
• The City shall be entiiled, upan request and without expense, to receive copies of policies
and endorsements fhereto and may make any reasonable requests for deletion or
revision or modifications of particular poficy terms, conditions, limitations, or exclusions
except where policy provisions are established by law or regulations binding upon either
of pariy or the underwriter on any such poiicies.
�
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/24/2004
DATE: Tuesday, February 24, 2004
LOG NAME: 25ARTFISHER REFERENCE NO.: C-19977
SUBJECT:
Authorize the City Manager to Enter into a Design Contract and an Artwork Commission Contract
with Vernon Fisher for Two Sited Paintings for the Fort Worth Convention Center
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a design contract with Vernon Fisher for design development
of two sited paintings for the Fort Worth Convention Center in the amount of $18,240, as authorized on July
29, 2003 (M&C C-19682); and
2. Authorize the City Manager to enter into an artwork commission contract with Vernon Fisher for
fabrication, delivery, and installation of two sited paintings for the Fort Worth Convention Center, upon the
City's approval of the artist's final design in the amount of $164,160, as authorized on July 29, 2003 (M&C
C-19682); and
3. Authorize the City Manager to increase the artwork commission contract by an amount not to exceed
$17,700 in contingency funds, as may be required based upon final budget estimates for a total not to
exceed $200,100, as authorized on July 29, 2003 (M&C C-19682).
DISCUSSION:
On July 29, 2003 (M&C C-19682), the City Council authorized $500,000 in the Public Events Fund to be
used for the acquisition, delivery, and installation of public art at the Fort Worth Convention Center (FWCC).
On July 8, 2003, the Fort Worth Art Commission (FWAC) recommended that the City commission Vernon
Fisher to fabricate, deliver, and install his proposed Early Texas/Modern Texas, consisting of two large-
scale oil paintings on a Texas-shaped canvas, to be sited in the water gardens lobby of the FWCC.
On November 3, 2003, Mr. Fisher presented his original proposal to the FWCC Expansion and Renovation
Steering Committee. While the design of Early Texas is rendered in detail, Modern Texas requires
additional design work. The Steering Committee requested that Mr. Fisher include imagery in Modern
Texas that reflects Fort Worth.
The design contracYs scope of services will include presentations of final designs to both the FWAC and the
FWCC Expansion and Renovation Steering Committee, as well as detailed design drawings of Modern
Texas, installation details, and a detailed budget estimate for all costs associated with the fabrication,
delivery, and installation of both paintings. The artwork commission contract is contingent upon Mr. Fisher
securing design approval of the FWAC and the FWCC Expansion and Renovation Steering Committee.
The artist's original budget estimate for the two paintings was $182,400, inclusive of design. Up to $17,700
in contingency funds are available to offset lighting design and fi�ures not included in the artist's original
Logname: 25ARTFISHER Page 1 of 3
estimate, as well as any unforeseen items needed to successfully complete the work.
Artist Selection Process Summarv
In Summer 2002, the FWAC and the Arts Council of Fort Worth and Tarrant County, Inc., which manages
the City's public art program under a contract for services, were asked to conduct an artist selection process
and recommend artworks for the FWCC expansion that would have impact and be enduring and reflective
of Fort Worth's heritage, and relate well with the building's architecture. The FWAC nominated nearly 100
local, regional and national artists, and in February 2003, invited them to submit qualifications, including a
letter of interest, resume, and slides of past work. On March 14, 2003, the selection panel reviewed the
qualifications of 45 artists who responded to the Request for Quotation (RFQ). Nine finalists were chosen,
including:
. Ed and Linda Blackburn, Fort Worth, Texas; and
. Dan Corson, Seattle, Washington; and
. Vernon Fisher, Fort Worth, Texas; and
. Charles Mary Kubricht, Marfa, Texas; and
. Beniot Huerta, Arlington, Texas; and
. Donald Lipski, Amagansett, New York; and
. Jody Pinto, New York, New York; and
. Ann Stautberg, Houston, Texas; and
. Sally Weber, Austin, Texas.
On April 4, 2003, the finalists visited Fort Worth to tour the FWCC and to conduct research. On July 7,
2003, they returned to present their proposals to the selection panel. After careful consideration, Donald
Lipski and Vernon Fisher's proposals were recommended. The selection panel (voting) was:
. Mark Thistlethwaite, Ph.D., TCU Chairman of Art History and Chairman, FWAC
. Javier Aldape, Publisher, Diario La Estrella (Star-Telegram) and FWAC Member
. Helen Sides, Director, Culture Center of the Americas and FWAC Member
. Rick Stewart, Director, Amon Carter Museum and FWAC Member
. Michael Auping, Chief Curator, Modern Art Museum of Fort Worth
. Steve Brubaker, Principal Design Architect, HOK Architects
. Kirk Slaughter, Director, Public Events Department
Vernon Fisher has complied with the M/WBE Ordinance by committing to 10% M/WBE participation of the
Commission hard cost. The City's M/WBE goal on this project is10%.
This project is in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Public Events Fund.
TO Fund/AccountlCenters FROM Fund/AccountlCenters
C192 531200 020192067002 $200,100.00
Submitted for City Manager's Office b� �oe Paniagua (6140)
Libby Watson (6183)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: Betty Tanner (2502)
Logname: 25ARTFISHER Page 2 of 3