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HomeMy WebLinkAboutContract 33695 CITY SECRETARY CONTRACT NO. P0 AGREEMENT FOR MURAL RESTORATION BETWEEN THE CITY OF FORT WORTH AND MANUEL A.PULIDO,II This Agreement ("Agreement"), entered into this day ofl�L, 2006, by and between the City of Fort Worth, a home rule municipal corporation o the State of Texas (the "City"), acting by and through Libby Watson its duly authorized Assistant City Manager and MANUEL A. PULIDO II (the "Contractor"). The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, INC., (the "Contract Manager") acting through its designated Public Art Director, as its "Contract Manager"to manage this Agreement on its behalf. WHEREAS,the NORTHSIDE BRANCH LIBRARY MURAL(the "Artwork"), a 2-dimensional painted mural depicting the history of Fort Worth, copyright 1987 by ANTHONY DOMINGUEZ (the "Artist") located on the South fagade of the NORTHSIDE BRANCH LIBRARY, 601 PARK STREET, Fort Worth, TX, 76106 (the "Site") has significantly deteriorated as evidenced by the original design rendering and the recent photographs attached hereto as Exhibit"'A"; and, WHEREAS, the Fort Worth Art Commission has accessioned the Artwork into the Fort Worth Public Art Collection due to its cultural significance and the artist's credentials and has further recommended it for restoration after gathering community input; and, WHEREAS,the City Council has appropriated conservation funds in accordance with the Long Range Public Art Plan for the Water Fund for restoration of the Artwork; and, WHEREAS,the Contractor was selected through a process conducted by the Contract Manager with the oversight of the Fort Worth Art Commission and City Council authorization(M&C C-21459)to restore the Artwork as closely as possible in order to promote the integrity of the Artist's ideas and statements as represented by the Artwork, EC0E, �jj a�1 c� G?EL�y 07-06-067�0 '�r4�JUGf�W9 ���G��a J Page 1 of 13 ,41p:3� �N as described in the Contractor's proposal attached hereto as Exhibit`B"(the "Proposal"); and, WHEREAS,the City and the Contractor wish to set out the terms and conditions under which said Restoration shall be executed; NOW, THEREFORE, the City and Contractor for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1. General a. The Contractor shall perform all services and furnish all supplies, materials, and equipment as necessary to perform the restoration of the Artwork. b. The Contractor shall perform the restoration so as to maintain the integrity of the Artist's original design, including: i. Engaging experienced and qualified subcontractors and/or employees to assist with the execution of the restoration; ii. Inviting the Artist to consult and participate in the restoration process, facilitating such consultation and participation, and providing a reasonable fee and travel expenses; iii. Securing the Site with 6' chain link fencing for the duration of the project; iv. Creating a template of the existing Artwork; v. Cleaning and preparing the wall; vi. Repainting the Artwork with materials appropriate to the site with colors matching the original 1987 color palette as closely as possible; and, vii.Applying anti-graffiti/UV coating to protect the Artwork. Page 2 of 13 U �LSG�ti 9 c. Contractor shall execute the restoration on dates and at times mutually agreed upon by Contractor and City. 1.2 Contractor Selection City and Contractor acknowledge that Contractor's preliminary proposal, attached hereto as Exhibit "B", has been reviewed and recommended the Fort Worth Art Commission and is the basis for executing this Agreement with Contractor. 1.3 Restoration a. Upon execution of the Agreement, Contractor shall promptly furnish to City a schedule for the completion of the restoration of the Artwork, including the submission of progress reports, as required by City. City shall give written approval of Contractor's schedule (the "Approved Schedule"). Changes to the Approved Schedule may be accomplished by written agreement between Contractor and City. b. City shall have the right to review the Restoration during all work stages. The Contractor shall submit to the City progress reports in accordance with the Approved Schedule. c. Contractor shall restore the Artwork as closely as possible to the original in order to promote the integrity of the Artist's ideas and statements as represented by the Artwork, as illustrated in the Artist's original design rendering attached hereto as Exhibit"A". d. The City shall not be responsible for labor and equipment to prepare the Site for the restoration of the Artwork. e. Contractor shall take all necessary precautions to protect and preserve the integrity and finish of adjacent building surfaces while restoring the Artwork. Contractor shall repair any damage to the Site due to his negligence or the negligence of his subcontractor(s) and/or employees. Page 3 of 13 f. Prior to completion of the restoration, Contractor shall provide to City written instructions for appropriate maintenance and preservation of the Artwork. 1.4. Project Completion. a. Within thirty(30)days after the completion of the restoration, Contractor shall furnish the City with the following photographs (collectively, the "Photographic Material")documenting the restoration: i. Pre-restoration, including and overview of the Artwork in its entirety. ii. Details of individual symbols and their relationship to one another in the Artwork. iii. Details of surface degradation and building imperfections prior to onset of restoration. iv. Overview and details (as noted above) during all stages of the restoration including: (a) template creation; (b) surface cleaning and preparation; (c) restoration onset; (d) substantial progress markers; and (e) application of graffiti/UV coating Contractor shall submit an original set of professional quality digital images as selected by Contract Manager to document the project. The Contractor grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the digital images for any municipal purpose, including, but not limited to, reproductions used in advertising, brochures, stationery, media publicity, web site, and catalogues or other similar publications. 1.5. Final Acce,.ptance. a. Contractor shall advise City in writing when all services in Sections 1.3 and 1.4 have been completed in substantial conformity with Exhibits "A" and `B" hereof. Included in such notice from Contractor shall be an affidavit certifying that all bills relating to services or supplies or equipment rentals used in the performance of this Agreement have been paid. b. City shall notify Contractor in writing of its final acceptance of the restoration work. CITE MC11MPY Page 4 of 13 FYI TEX. 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 35th calendar day after the Contractor 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 Contractor written notice specifying and describing the services which have not been completed. 1.6. Risk of Loss The risk of loss or damage to the Artwork shall be borne by Contractor prior to Final Acceptance, and Contractor shall take such measures as are necessary to protect the Artwork from loss or damage until Final Acceptance. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. City shall pay Contractor a fixed fee of TWENTY SEVEN THOUSAND SEVEN HUNDRED AND SEVENTY DOLLARS AND NO CENTS ($27,770) (the "Fee"), which shall constitute full compensation for all services and materials to be performed and furnished by the Contractor under this Agreement. The Fee shall be paid in the following installments, expressed as percentages (or portions) of the Fee, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof. a. Fifty-five Percent (55%) upon execution of this Agreement and furnishing a schedule [see Section 1.3.a.], recognizing the Contractor will incur expenses in equipment and supplies to prepare for the restoration work. b. Forty-five Percent (45%) within thirty (30) days of Final Acceptance [see Section 1.5]. 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 restoration. The City shall supply Contractor with the "Texas Page 5 of 13 ;����1 , ? it�l(`1� S,.J Sales Tax and Local Sales Tax Exemption Certificate", in substantially the same form as that attached hereto and incorporated herein as Exhibit "C," for use by Contractor in acquiring materials and supplies for the Restoration. 2.3. Contractor's Expenses. The Contractor shall be responsible for the payments of all mailings or shipping charges, including insurance, on submissions to the City and the costs of all travel by the Contractor, except as otherwise provided, and the labor costs for Contractor's agents, subcontractors, and employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3 TIME OF PERFORMANCE 3.1. Duration The services to be required of Contractor set forth in Article 1 shall be completed in accordance with the Approved Schedule or any amendments thereto. 3.2. Time Extensions; Force Majeure. City or Contractor, as appropriate, shall grant a reasonable extension of time to the other party if conditions beyond the parties' control or Acts of God, flood, riot, civil 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 fulfill 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. ARTICLE 4 WARRANTIES 4.1. Warranties of Qualfty and Conditions. Contractor shall obtain any warranties that: Page 6 of 13 a. The restoration 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 restoration or Artwork; provided, however, that inherent vice shall be limited to aspects of the restoration that are visible or reasonably predictable only. b. Reasonable maintenance of the restored Artwork will not require procedures substantially in excess of those described in the final maintenance recommendations to be submitted by Contractor to City. The warranties described in this Section 4.1 shall survive for a period of one (1) year after Final Acceptance. City shall give notice to Contractor of any observed breach with reasonable promptness. Contractor shall, at the request of City, and at no cost to City, cure reasonably and promptly the breach of any such warranty which is curable by Contractor and which cure is consistent with professional conservation standards, including but not limited to, cure by means of repair or refabrication of the Artwork, or any portion thereof. Breach of warranty does not include damage to the Work that is a direct or indirect result of malicious destruction, defacing, or vandalism. Contractor shall also obtain from any manufacturers whenever possible an assignment to the City of all such warranties. The Contractor will ensure that any warranty assigned to the City shall survive for a period of one (1)year after Final Acceptance. ARTICLE 5 INSURANCE 5.1. General. Contractor shall carry insurance as set out in Exhibit"D". 5.2. Performance Bonds Contractor shall not be required by 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. MKC-111A 2ROD Page 7 of 13 C1T �E(-211G°?E IAPY ARTICLE 6 REPRODUCTION AND ARTIST'S RIGHTS 6.1. General The original Artist, Anthony Dominquez, retains all reproduction rights under the Copyright Act of 1975, 17 U.S.C. §§ 101 et. seq. The Contractor.grants to the City and it assigns an irrevocable license to make reproductions of the digital images and video for any municipal purpose, including, but not limited to, reproductions used in advertising, brochures, stationery, media publicity, web site, and catalogues or other similar publications. 6.2. Identification. The Contractor shall not insert any signatures or other credits into the Artwork. In lieu of inserting signature or altering the appearance of the Artwork, Contractor requests that a plaque or other form of acceptable marker be erected and placed within 8 feet from any reworked surface noting our efforts and contributions to the preservation of the Artwork. ARTICLE 7 CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its agents, employees, subcontractors, licensees or invitees. The doctrine of respondeat superior shall not apply as between City and Contractor, its agents, employees, subcontractors, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no agent, employee, subcontractor, licensee or invitee of Contractor is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its agents, employees, subcontractors, licensees or invitees. Page 8 of 13 ARTICLE 8 SUBCONTRACTING 9.1. Subcontracting by Contractor Contractor may subcontract portions of the services to be provided hereunder at Contractor's expense, provided that said subcontracting shall not affect the authenticity or visual quality of the Restoration and shall be carried out under the personal supervision of Contractor. Any subcontract entered into under this Agreement shall be expressly subject to the terms of this Agreement. ARTICLE 9 TERMINATION 9.1. Termination for Cause. If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations 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 Agreement shall terminate. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 9.2. Termination for Convenience. a. The services 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 termination is for the convenience of Contractor, Contractor shall remit to City a sum equal to all payments (if any) made to Contractor pursuant to this Agreement prior to termination. Page 9 of 13 9.3. Incapacity of Contractor. In the event of Contractor's death or Contractor becoming physically or legally incapacitated during the term of this Agreement, City shall have the right to terminate this Agreement on payment to Contractor for all work and services performed prior to death or incapacity. ARTICLE 10 INDEMNIFICATION Contractor agrees to defend, indemnify and hold City, its officers, agents, servants and employees, harmless against any and all claims, lawsuits, actions, costs and expenses of any kind, including but not limited to, those for property damage or loss (including alleged damage or loss to Contractor's business and any resulting lost profits) and/or personal injury, including death, to the extent caused by (i)the Contractor's breach of any of the terms or provisions of this Agreement or (ii) any negligent act or omission or intentional misconduct of the Contractor, its officers, agents, associates, employees, contractors or subcontractors, related to this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the City or its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the Contractor and the City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the state of Texas, nothing herein shall be construed as a waiver of the City's governmental immunity as further provided by the laws of Texas. ARTICLE 11 MISCELLANEOUS 11.1. Compliance. The Contractor shall comply with all Federal, state and local statutes, ordinances and regulations applicable to the performance of the Contractor services under this Agreement. Page 10 of 13 11.2. Entire Agreement. 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. 11.3. Amendments. No alteration, change, modification 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. 11.4. 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. 11.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11.6. Successors and Assigns. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the City and the Contractor and their respective successors and permitted assigns. 11.7. Contract Construction. The parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. �•,. -, o�may..,i''1 Page 11 of 13 'CIT `-R`AHI"U�y 11.8. Fiscal Funding Out. If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement,the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to the Contractor of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 11.9. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. ARTICLE 12 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: Leann Guzman,Assistant 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. CONTRACTOR Manuel A. Pulido, II 7901 Flower Tree Fort Worth,TX 76137 Page 12 of 13 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CI OF FORT WORTH ibby son Assistant City Manager CONTRACTOR MANUEL A. PU I , II APP/P,OVED AS TO FORM: ATTESTED BY: Leann Guzman VMylHend Assistant City Attorney City Secretary C-21459 Contract Authorization May 16, 2006 Date Pae 13 of 13 T Page FT, a'���JI�UW� O�i�. Q x w � | � . . �- �� r� � . . . . : - \k . � 3° � ® . >\ . : S ^ `m : • ,------------ � � . . .-\-77 . :j LL y 1 { r EXHIBIT"A" , . � � • Y ' °©kms .�- �' • . ��. . . - a� 6 t@ Initial Funding Breakdown for: Northside Library Restoration Project In order to get the Northside Restoration Project sufficiently funded and under way, Mural's Ink requires 55%of the total fees paid in advance. The other 45% is due at the time of the mural restoration completion. Here is a breakdown of the funds and in relation to the project timeline and appropriation of said funds. These numbers have been adjusted to reflect the changes made to Anthony Dominguez's expected working schedule as well as his per diem expenses and travel fare. First Work Week: Securityfencing. .................................................................. $400.00 (Security fence - $400 installation and removal) • A representative at the Nationwide Fence Rental Corp quoted these prices. They will install the amount of fence needed and remove it when the project is completed. They will also furnish on site restroom facilities that will be emptied once a week. Insurance.................................................................................... $2,500.00 • Michael Morris of Farmers Insurance has informed us that it will cost this amount in order to authorize and execute an new insurance policy that would cover all 3 artists under the guidelines set for this project. Insurance will include both General Liability and Workman's Compensation. Mr. Anthony Dominguez will have to be signed on under our policy. Mr. Dominguez would not be able to receive Workman's Comp coverage without,First having liability,therefore both insurance types will be need for him to be part of this project. Phase 1 Begins Here Phase 1 of the mural restoration: $2,500.00 • Phase 1 of the restoration-efforts hasn't changed. First a template will be (Don't add this number when made using transparent paper to cover the wall and the image shapes calculating traced through. Drawing aids such as levels, straight edges, circumference project total.It is already lines and guides will be used here to make sure that shape integrity isn't included in the lost. Once the template is made we move on to the second part of phase 1, supplies for the most crucial part of the overall project,the surface restoration. The project section.) wall surface has to be pressure washed to remove all loose dirt and debris that has accumulated. Then it will need to be sanded to knock down any high points and unevenness that may have occurred due to the exterior conditions. Finally the wall will need to be degreased using denatured 1 I,{'r.1 �j i, Al l�L4iV:�kD EXHIBIT„B,. second part of phase 1, the most crucial part of the overall project, the surface restoration. The wall surface has to be pressure washed to remove all loose dirt and debris that has accumulated. Then it will need to be sanded to knock down any high points and unevenness that may have occurred due to the exterior conditions. Finally the wall will need to be degreased using denatured alcohol in order to remove any foreign chemical compounds, which might cause the undercoat to lose adhesion. All the materials and tools needed to get this completed are included in the cost. Originally it was thought that an outside agency was going to be contracted to have this done beforehand.Now it seems like the work is going to be consigned to Mural's Ink. In the latter case, Mural's Ink will need to add some working days in order to get everything finely tuned downed to acceptable painting conditions. However, doing so will not extend the expected budget whatsoever. Phase 2 Begins Here Supplies for $6,450.00 project......................................................................... (Supplies include all pre-paint materials and expenditures as well as the material to do the job from start to finish.) • Included in these costs are the materials to make the design template as stated in phase 1 of the restoration project outline. These funds will also account of the for the storage of the mural template and related materials until they are needed. These funds cover all materials: security fencing,paint,paper for template,painter's tape,brushes, drop cloth, template perforator, scribes, straight edges, scaffolding, wall prep and related materials, UV and graffiti coating,wall primer, degreasing agent, washing supplies, and additional items to complete the task such as buckets, rubber gloves(for degreasing) drawing aids, lights, etc. • These materials will all need to be acquired all at once in order for there to be a smooth transition between phase 1 and 2 of the restoration which is why we are asking to have all the funding for this obtained during the first payment installation. Payment to artists: $18,420.00 • Mural's Ink thinks it is fairest to all to receive equal portions of money per artist. We are going to reduce Anthony's expected amount of working days to 7 as opposed to 10 since he will not be involved in the wall prep or the mural UV and graffiti coating stag a of the projecIL 1L J�ti � J K 2 EXHIBIT.,B.. ' y Mural's Ink originally thought that he would come after the wall prep stage and stay until the entire project was completed. This turned out to be false information and as a result we were able to reduce the overall budget. It did as a backlash require that more working days be added up 14 again as originally proposed. It will take Mural's in the better part of 3 days in order to get the template made and have the wall prepared for painting. This includes all the sanding, cleaning, replacement of mural lines from template and fixing the lines to the walls with acrylic solution. We anticipate it will take 7 days in order for us to get the mural repainted to culminating standards where the lines are crisp and there is no color bleed between shapes. That is the part where Anthony will be most useful in the completion of this project. •Anthony Dominguez: Expected to work 7 full days 8 hours a day. 56 hours of pay ...................@$62.50=$3,500.00 +Reduced per diem expense @$60.00/day= $420.00 +Reduced travel fare maximum amount.... = $500.00 Total.............................................$4,420.00 • Mural's Ink: Consisting of 2 artists(Manuel Angel Pulido II and William Hall) Expected to work 14 full days @ 8 hours a day. 112 hour of pay per artist @ $62.50=$7,000.000 X2 Total..........................................$14,000.000 New Project $27,770.00 Total. 3 EXHIBIT"B" s t vitt vyvni n } TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable 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: City 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 taxable 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 taxable 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: City of Fort Worth Street Address: 1000 Throckmorton Street City, State, Zip Code: Fort Worth Texas 76102 Sign Here: Date: dn'403Phone: (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 EXHIBIT"C" PUBLIC ARTS PROJECT Artist's 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. Insurance 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 Each accident/occurrence $100,000 Disease-per each employee $500,000 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 accident/occurrence, $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. 0 Wavier of rights of recovery(subrogation) in favor of the City of Fort Worth. EXHIBIT"D" • The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. • If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. • "Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of 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 contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. • The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. 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 the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety(days). • The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. EXHIBIT"D" Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/16/2006 DATE: Tuesday, May 16, 2006 LOG NAME: 03CONSRVNMURAL REFERENCE NO.: C-21459 SUBJECT: Authorization to Enter into an Artwork Restoration Contract with Manuel A. Pulido II for the Northside Branch Library Mural RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Artwork Restoration Contract, in the amount of $27,770.00, with Manuel A. Pulido II for restoration of the Northside Branch Library Mural. DISCUSSION: The proposed Artwork Restoration Contract with Manuel A. Pulido II will result in the complete restoration of the Northside Branch Library Mural, which was created in 1987 and is now in poor condition. One of only two painted murals in the Fort Worth Public Art Collection, the Northside Branch Library Mural was designed and painted by Fort Worth native Anthony Dominguez, who has gone on to receive national acclaim for his artwork, Restoration of the mural will compliment recent library renovations, underwritten by Crescent Real Estate Equities Company, including the repainting of the building's exterior. The mural will be repainted using high-quality, long lasting acrylic paint and will be clear-coated to prevent fading and graffiti. The original artist will be invited to participate in the restoration project. The Northside Branch Library Mural is a symbol painting depicting the multicultural and economic history of the City of Fort Worth. Under the direction of Council Member Sal Espino, a series of community meetings were held in which the history of the mural and its current condition were reported and public comment was gathered. It quickly became evident that the mural held cultural significance for many Northside residents and that the artist and his family were held in high regard. It was further suggested that a brochure or other public programming might increase the entire community's appreciation of the mural. On February 13, 2006, the Fort Worth Art Commission (FWAC) voted unanimously to recommend that the mural be restored. The FWAC also requested that the mural be appropriately lit at night to increase its visibility and discourage vandalism. A recommendation from the FWAC regarding lighting will come forward separately. Project funding is consistent with the Long Range Public Art Plan for the Water Fund, which recommends the allocation of conservation funds for the Fort Worth Public Art Collection. To that end, funds have been set aside in the Specially Funded Capital Projects Fund (which is funded from the annual Water Department contribution for public art) to support Fort Worth Public Art Collection conservation activities. BACKGROUND: On February 13, 2006, the FWAC approved a process to identify a qualified entity to undertake the restoration of the Northside Branch Library Mural, based upon the guidelines established in the Fort Worth Public Art Master Plan (adopted by the City Council in September 2003). A Request for Proposals was issued, with three teams responding. On March 16, 2006, the selection panel reviewed/evaluated the merits of the three submitted project proposals. Proposals were judged on the experience of the restoration team and the quality of the proposal. The selection panel recommended Manuel A. Pulido II for the project. Pulido's team is to include William Hall and the mural's original artist, Anthony Dominguez. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2006 Page 2 of 2 Selection Panel (Voting): Library Administration: - L.G. Swift, Head Librarian, Northside Branch Library -Vonne Powell, Librarian (designate for Regional Manager, Chris Dennis) Fort Worth Art Commission Appointee: - Helen Sides On March 20, 2006, the Fort Worth Art Commission made a formal recommendation to the City Council to engage Manuel A. Pulido II for the Northside Branch Mural Restoration project and to dedicate an amount not to exceed $35,000.00 for the project. In addition to the contract cost of $27,770.00, funding also includes $7,230 to cover project contingencies. The City's overall artwork goal is 25% of total capital project dollars expended on public art annually. This 25% is comprised of direct contracts with M/WBE Artists. This contract will apply toward the 25% annual M/WBE goal. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C291 541200 032880041680 $27,770.00 Submitted for City Manager's Office by: Libby Watson (6199) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Sandy Oliver (7371) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2006