HomeMy WebLinkAboutContract 35838CITY SECREiAF�Y
C�NT'RACT iVC� .
AGREEMENT FOR FABRICATION AND INSTALLATION OF SOUND
ENVIRONMENT AND CERTAIN LIGHTING ELEMENTS BETWEEN
THE CITY OF FORT WORTH AND PHENOMENARTS, INC.
;
This Agreement, entered into this ���day of �.._�.! �( 2007,
by and between the CITY OF FORT WORTH, a home rule municipal corporation of the
State of Texas (the "City"), acting by and through Libby Watson, its duly authorized
Assistant City Manager and PHENOMENARTS, INC. (the "Artist"), located at 75
Kendall Road, Lexington, MA 02421 USA. The Artist shall act through Christopher
Janney, its duly authorized President. The City has designated the ARTS COUNCIL OF
FORT WORTH & TARRANT COLTNTY, Inc., (the "Contract Manager") to manage this
AGREEMENT on its behalf. The Contract Manager shall act through Martha Peters, its
designated Public Ai�t Director.
WHEREAS, the Artist was selected by the City through a selection process
conducted by the Contract Manager with oversight of the Fort Worth Art Commission to
design integral public art / design enhancements composed of tinted glass, light, and
sound with interactive components in collaboration with Jacobs Facilities, Inc., the City's
prime consultant for the Site; and,
WHEREAS, the City Council has appropriated funds from the Public Art Fund of
the Specially Funded Capital Projects Fund for the items listed below (collectively, the
"Work") for the City Parking Garage under construction at 1200 Houston Street, Fort
Worth, TX 76102, more particularly in the plan attached hereto as Exhibit "A" ("the
Site"):
1. Final composition, fabrication and installation .of an interactive sound
environment for the elevator tower and three (3) elevator cabs of the Site;
2. Design, fabrication and installation of certain custom lighting far• the marquee
in the southeast corner of the Site; and
3. Design, fabrication and installation of certain custom lighting for the three (3)
elevator cabs in the northeast corner of the Site.
WHEREAS, City and Artist wish to set out the terms and conditions under which
said Work shall be designed, composed, fabricated, delivered and installed in order to
promote the integrity of Artist's ideas and statements as represented by the Work.
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NOW, THEREFORE, Ciry and Artist for and in consideration of the covenants
and agreements hereinafter set forth, the sufiiciency of which is hereby acknowledged,
agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1. General.
a. The Artist shall perform all services and will furnish all
supplies, materials, and equipment as necessary to execute the final
composition of the Sound Envir�onn7ents of Fort Worth ("Final
Composition") and execute the final design of the custom lighting
elements described above ("Final Design") and, upon approval, fabricate,
compose, deliver and install the Work, as set forth in Section 1.4. Services
shall be performed in a professional manner and in strict compliance with
all terms and conditions in this Agreement.
b. The Artist shall seek suggestions on sounds of Fort Worth
for possible incorporation into the Work from City officials and the public.
c. The Artist shall determine the artistic expression, sound,
scope, design, color, size, material, and texture of the Work, subject to
review and acceptance by City as set forth in this Agreement. The location
at the Site in which the Work shall be installed has been mutually agreed
upon by the City and the Artist.
d. The Artist is responsible for providing and installing the
equipment and hardware listed in Exhibit B(attached).
e. The Artist shall install the Work on dates and at times
mutually agreed upon by the Artist and the City, provided, however, that if
the Artist does not receive notification prior to June 1, 2009 that the Site is
prepared for the installation, the Artist shall have the option to cancel this
Contract.
f. The Artist shall pai-ticipate in one public education event in
Fort Worth at a mutually agreed upon date and time.
g. The Artist shall maintain the Work for a period of one year
fi�om date of iinal acceptance under a separate maintenance contract not to
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exceed $1,200. Selection and training of a qualified local technician shall
be included in the scope of the maintenance contract.
1.2. Proposal Selection.
City and Artist acknowledge that the Ai-tist's proposal (the "Proposal"), attached hereto as
Exhibit "B," has been reviewed and approved by the Fort Worth Art Commission as the
basis for executing this Agreement with the Artist.
1.3 Final Desi�n /Composition Review.
a. City may require Artist to make such revisions to the Final Design and Final
Composition as are necessary for the Artwork to comply with applicable statutes,
ordinances or regulations of any governmental regulatory agency having jurisdiction over
the Site for reasons of safety and security.
b. City may request revisions to the Final Design ar Final Composition for other
practical, non-aesthetic, reasons.
c. Within thirty (30) days of its receipt of Artist's submission of the Final Design and
Final Composition, City shall notify the Artist of its approval or disapproval of such
submission and of each revision made in the Proposal. Revisions made pursuant to this
Section 1.3, upon approval by City, shall become part of the Final Composition.
d. If the Final Design and Final Composition or any required revision is disapproved
by City, Artist shall have thirty (30) days to resubmit the Final Composition in
conformance with City's requirement.
e. If resubmitted materials are not approved by City, this Agreement may be
terminated at City's option, with payment for work completed per the payment schedule
in Section 2.1.
1.4 Execution of the Work.
a. Upon execution of this Agreement, and the receipt of the general
contractor's schedule for construction of the City Parking Garage, Artist shall promptly
furnish to the Contract Manager a schedule for the completion of the fabrication of the
Work, including a schedule for the submission of progress reports, as required. After
written approval of the schedule by the City, the Artist shall compose, fabricate, deliver
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and install the Work in accordance with such schedule. Schedule changes may be
accomplished by written agreement between the Ai-tist and the City.
b. The City and Contract Manager shall have the right to review the Work at
reasonable times during its fabrication. Artist shall, upon wt•itten request by Contract
Manager, provide a written progress report detailing the progress made toward
completion of the Work and the remainder of work to be done to complete the Work.
c. The Artist shall complete the fabrication of the Work in substantial
conformity with the ProposaL However, Artist may present to the Contract Manager, in
writing for further review and approval, any significant changes in the scope,
composition, sound, design, color, size, material, or texture of the Woi•k not in substantial
conformity with the Proposal. The Contract Manager shall, in light of the Proposal,
determine whether a significant change requires City approval.
1.5. Delivery and Installation.
a. The Artist shall notify the City, through its Contract
Manager, in writing when fabrication of the Work 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 1.3
above; provided, however, that delivery and installation activities may not
commence until written permission is delivered to the Artist by the
Contract Manager.
c. City shall be responsible for labor and equipment or costs
associated therewith to prepare the Site for the installation of the Work as
set forth in Exhibit C(attached).
d. The Artist, individually and through its subcontractors,
including its fabricator, shall take all necessaiy precautions to protect and
preserve the integrity and iinish of the Site while delivering and installing
the Work. The Artist shall repair any damage to the Site due to deliveiy,
installation, or his negligence or the negligence of his subcontractors.
e. Prior to installation of the Work, Artist shall provide to
City written instructions for appropriate maintenance and preservation of
the Work. The appropriate maintenance and preservation instructions
shall not be substantially different from the maintenance and preservation
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anticipated and conveyed to City for the Work in the design phase for the
Work.
1.6. Post-installation.
a. Within thirty (30) days after the installation of the Work,
Artist shall furnish City with:
i. an original set of high resolution digital files and jpegs
showing Work from at least 10 points of view as selected by
Contract Manager to document the project after the Work is
installed; and,
ii. two (2) copies of an excerpt from the sound score on a
high quality CD for archival purposes.
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 completed
Work in such art publications and otherwise as may be determined
between the City and the Artist as soon as practicable following
installation.
1.7. Final Acce�tance.
a. The Artist shall advise the City in writing when all services
required have been completed in substantial conformity with the Proposal.
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 ("Final Acceptance")
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 day after the Artist has sent the written notice to the City required
under Section 1.7.a unless the City, upon receipt of such notice and prior
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to the expiration of the 35-day period, gives the Artist written notice
specifying and describing the services which have not been completed.
1.8. Risk of Loss.
The risk of loss or damage to the Work shall be borne by the Artist prior to Final
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 r•isk of loss or damage shall be botne 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.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
2.1. Fee.
a. The City shall pay the Artist a fee of TWO HLTNDRED THIRTY-ONE
THOUSAND N1NE HUNDRED FIFTY DOLLARS AND NO CENTS ($231,950.00)
(the "Fee"), which shall constitute full compensation for all ser�ices and materials as
outlined in this Agreement. The services and materials are to be performed and furnished
by the Artist under this Agreement, inclusive of Final Design and Final composition,
fabrication, transportation, installation, insurance, incidental costs, Artist's fees and all
travel expenses.
(a) Fort�percent (40%) upon full execution of this Agreement and
submission of schedule r•equired pursuant to Section 1.4.a.
(b) Twenty percent (20%) upon the City's approval of the Final
Composition and Final Design of the custom lighting elements.
(c) Twent�percent (20%) upon delivery of materials to the Site in
preparation for installation.
(d) Twent,y percent (20%) upon successful completion of installation
of the Work within thirty-five (35) days after Final Acceptance and
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receipt by City of such documentation it may require concerning
payment of sei•vices and supplies rendered to the Artist [see
Section 1.7.a].
b. Notwithstanding the foregoing, the City shall pay to the Artist, upon receipt of
supporting documentation by the Contract Manager from the Artist, contingency funds in
an amount up to $34,000.00 for additional costs associated with the Work that are
incurred by the Artist ("Contingency Funds").
2.2. Sales Taxes.
The Artist's Fee does not include sales tax for any jurisdiction. The City is a tax-exempt
organization and represents to Artist that no state or local sales taxes or federal excise
taxes shall be due upon the Project. The City shall supply the Artist with the "Texas
Sales Tax and Local Sales Tax Exemption Certificate," for use by Artist in the fulfillment
of this Agreement.
2.3. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incuned during the
performance of this Agreement, including but not limited to services, materials,
mailing/shipping charges and insurance on submissions to the City, cost of all travel, and
costs for Artist's agents, consultants, and/or employees necessary for the proper
performance of the services required under this Agreement.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1. Term.
This Agreement shall be in effect from the date stated in the first paragraph of this
Agreement, and, unless terminated earlier pursuant to such provisions in this Agreement,
shall extend until final payment to Artist by City.
3.2. 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
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approved by the City pursuant to Section 1.4.a.; provided, however, such time limits may
be extended or otherwise modified by written agreement between the Artist and the City.
3.3. Earl�pletion 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.
3.4. Time Extensions; Force Majeure.
The City or the Artist, 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 pai�ties' services impossible or unexpectedly burdensome. The party
suffering the impossibility or burdensome conditions must inform the other in writing
within 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 Title.
The Artist represents and warrants that:
(a) the Work shall be the original product of the Artist's sole creative efforts.
(b) the Work is and will be unique and original, and does not infringe upon any
copyright or the rights of any person;
(c) the Work (or duplicate thereo� has not been accepted for sale elsewhere;
(d) the Artist has not sold, assigned, transferred, licensed, granted, encumbered or
utilized the Work or any element thereof or any copyright related thereto
which may affect or impair the rights granted pursuant to this Agreement;
(e) the Work is free and clear of any liens from any source whatsoever;
(� the Artist has the full power to enter into and perform this Agreement and to
make the grant of rights contained in this Agreement;
:
(g) all services performed hereunder shall be performed in accordance with all
applicable laws, regulations, ordinances, etc., and with all necessary care, skill
and diligence;
(h) the Artist shall assume the defense of, and INDEMNIFY AND HOLD
HARMLESS, THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS,
AND CONTRACTORS FROM AND AGAINST ALL CLAIMS,
LOSSES, DAMAGES, ACTIONS OR EXPENSES OF EVERY TYPE
AND DESCRIPTION, INCLUDING ATTORNEY'S FEES, TO WHICH
THEY MAY BE SUBJECTED ARISING OUT OF THE CITY'S USE
OR POSSESSION OF THE WORK BY REASON OF AN ALLEGED
OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF
OWNERSHIP, AUTHORSHIP, OR ORIGINALITY.
4.2 Wai7anties of Quality and Condition
(a) Artist represents and wanants that all work will be performed in accordance
with professional "workmanlike" standards and free from defective or inferior
materials and workmanship (including any defects consisting of "inherent
vice," or qualities that cause or accelerate deterioration of the Work) for one
year after the date of Firial Acceptance.
(b) Ai�tist represents and warrants that the Work and the materials used are not
currently known to be harmful to public health and safety.
(c) If within one year City observes any breach of warranty described in this
Section 4.2 that is curable by the Artist, the Artist shall, at the request of the
City, cure the breach promptly, satisfactorily and consistent with professional
conservation standards, at no expense to City. City shall give notice to Artist
of such breach with reasonable promptness.
(d) If after one year City observes any breach of warranty described in this Section
4.2 that is curable by the Artist, City shall contact the Artist to make or
supervise repairs or restorations at a reasonable fee during Artist's lifetime.
Artist shall have the right of first refusal to make or supervise repairs or
restorations. Should Artist be unavailable or unwilling to accept reasonable
compensation under the industry standard, City may seek the services of a
qualified restorative conservator and maintenance expert.
(e) If within one year City observes any breach of wananty described in this
Section 4.2 that is not curable by the Artist, Artist is responsible for
reimbursing City for damages, expenses and loss incurred by City as a result
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of the breach. However, if Artist disclosed the risk of this breach in the
Proposal and City accepted that it may occur, it shall not be deemed a breach
for purposes of this Section 4.2.
(� Acceptable Standard of Display. Artist represents and warrants that:
i. General routine cleaning and repair of the Work and any associated
working parts and/or equipment will maintain the Work within an
acceptable standard of public display.
ii. Foreseeable exposure to the elements and general wear and tear will
cause the Work to experience only minor repairable damages and will
not cause the Work to fall below an acceptable standard of public
display.
iii. With general routine cleaning and repair, and within the context of
foreseeable exposure to the elements and general wear and tear, the
Work will not experience ir��eparable conditions that do not fall within
an acceptable standard of public display, including mold, rust,
fracturing, staining, chipping, tearing, abrading and peeling.
iv. Manufacturer's Wananties. To the extent the Work incorporates
products covered by a manufacturer's warranty, Artist shall provide
copies of such warranties to City.
The foregoing warranties are conditional, and shall be voided by the failure of
City to maintain the Work in accordance with Artist's specifications and the
applicable conservation standards. If City fails to maintain the Work in good
condition, Artist, in addition to other rights or remedies the Artist may have in
equity or at law, shall have the right to disown the Work as the Artist's creation
and request that all credits be removed from the Work and reproductions thereof
until the Work's condition is satisfactorily repaired.
4.3 These representations and wananties shall survive the termination or other
extinction of this Agreement.
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ARTICLE 5
1NSURANCE AND INDEMNITY
5.1. General.
The Artist shall cany insurance as set out in Exhibit "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, 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.
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.
5.3. Indemnitv.
(a) ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS
OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
1NCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER K1ND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR
THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND
ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY
AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND
ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL 1NJURY, 1NCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHI�RACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF
THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES
DESCRIBED HEREIN. ARTIST LIKEWISE COVENANTS AND AGREES TO
AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND
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AGAINST ANY AND ALL 1NJURY, DAMAGE OR DESTRUCTION OF
PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS
OR OMISSIONS OF ARTIST, ITS OFFICERS; MEMBERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM
PARTICIPANTS.
(b) ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR 1NJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED BY ARTIST 1N CONNECTION WITH OR 1NCIDENTAL
TO PERFORMANCE UNDER THIS AGREEMENT.
(c) Ai-tist shall require all of its subcontractors to include in their subcontracts a
release and indemnity in favor of City in substantially the same form as above.
(d) This indemniiication shall survive the termination or expiration of this
Agreement.
ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. Title.
Title to the Work, including all documents, excerpts of sounds and/or drawings which
constitute or are components of the Final Design or Final Composition, shall pass to City
upon Final Acceptance and payment for the Work. These documents and/or drawings
will be retained for archival and exhibition puiposes only. Artist's.Final Design and Final
Composition and all other work products under this Agreement shall become the property
of City, without restriction on future use, except as provided below.
6.2 Co���ht Ownership.
Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as
the sole author of the Work for the duration of the copyright.
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6.3 Reproduction Ri�hts.
(a) In view of the intention that the final Work be unique, Artist shall not make
any additional exact duplicate reproductions of the iinal Work, nor shall Artist
grant permission to others to do so except with the express written permission
of City. However, nothing herein shall prevent the Artist from creating future
artworks in the Artist's manner and style of artistic expression.
(b) By execution of this Agreement, Artist grants to City a perpetual, irrevocable
license to graphically depict or display the Work for any non-commercial
purpose whatsoever; for purposes of this limitation, any graphic depiction or
display of the Work intended to promote or benefit City, its public services or
its public purposes, regardless of whether or not a fee is charged to the public,
or whether revenue is otherwise received by City, shall be deemed a non-
commercial puipose. Notwithstanding the above limitation, Artist agrees and
understands that nothing in this paragraph shall affect or limit City's absolute,
unrestricted rights incidental to City's full ownership of the Work to alter,
change, modify, destroy, remove, move, replace, operate, maintain, transport,
sell or transfer, in whole or in part, the Work when City deems it necessaiy
within its discretion, in order to otherwise exercise City's powers and
responsibility in regard to public works and improvements, in furtherance of
City's operations or for any other reason, subject, however, to the Artist's
rights set forth in Article 7.4 below.
(c) All reproductions by City shall contain a credit to Artist and a copyright notice
substantially in the following form: "�O date, Artist's name."
(d) Artist shall use Artist's best efforts in any public showing or resume use of
reproductions to give acknowledgment to City in substantially the following
form: "an original artwork commissioned by and in the public art collection
of the City of Fort Worth, Texas."
(e) Artist shall, at Artist's expense, cause to be registered with the United States
Register of Copyrights, a copyright in the Work in the Artist's name. The
Final Composition will be copyrighted under C/F JANNEY MUSIC, INC.
Since Mr. Janney is also a member of ASCAP (American Society of
Composers, Artists and Publishers), the Final Composition will also be
registered with ASCAP and subject to all rights and royalties afforded to N1r.
Janney. Artist is responsible for registering copyrights and ASCAP rights.
(� City is not responsible for any third party infringement of Artist's copyright
and not responsible for protecting the intellectual property rights of Artist.
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ARTICLE 7
ARTIST'S RIGHTS
7.1. Identification.
The Contract Manager shall include credit to the Artist on the Fort Worth Public Art
website (www.fwpublicart.org) and a per•manent plaque at the site.
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 Wark is properly
maintained and protected, taking into account the maintenance instructions provided by
Artist in accordance with Section 1.4 and Exhibit "E", Technical and Maintenance
Record.
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 major repairs and restorations; provided, however, the Artist
shall not unreasonably withhold approval for any repair or restoration of
the Work. Should Artist unreasonably withhold approval of any intended
major repair or restoration, the City shall ha�e 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 make or peisonally
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 for 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 and/or
repairs or make said repairs by the City.
b. All repairs and restorations shall be made in accordance
with recognized principles of conservation.
c. When emergency repairs are necessary in order to prevent
the loss of or further damage to the Work or when minor repairs are
necessaiy to maintain the Work, such repairs shall be undertaken or
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arranged 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
Site, the City shall have the right to remove the Work by any means,
including destruction, in perfoiming maintenance, repair, 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 longer 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, remove the
Work from public display. Notwithstanding the above, if the Work is
permanently removed within 10 years after the original date of installation
the City shall give the Artist the opportunity to compose and fabricate a
new Work of equal stature (the "Commission"), provided that prior to the
Commission, (i) the City and the Artist agree in writing upon the Artist's
fee for the Commission and (ii) the City's governing body grants all
necessary approvals of the Commission.
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.
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Artist's Address.
The Artist shall notify the City of changes in the address set forth in Article 13. 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 appi•oval of the Artist. Notwithstanding this provision, the City
shall make every reasonable effort to locate the Artist when matters ar•ise relating to the
Artist's rights.
7.7. Additional Ri�hts 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 1NDEPENDENT CONTRACTOR
Artist shall perform all work and services hereunder as an independent contractor, and not
as an officer, agent, servant or employee of City. Artist shall have exclusive control of,
and the exclusive right to control the details of the work performed hereunder, and all
persons performing same, and shall be solely responsible for the acts and omissions of
his/her officers, agents, employees and subcontractors. Nothing herein shall be construed
as creating a partnership or joint venture between City and Artist, his/her officei•s, agents,
employees and subcontractors, and doctrine of respondeat superior has no application as
between City and Artist.
ARTICLE 9
SUBCONTRACTING
The Artist may subcontract portions of the services to be provided hereunder at the
Artist's expense, provided that said subcontracting shall not adversely 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. Artist shall provide intormation
regarding all subcontractors, including its fabricator, along with a copy of the subcontract
between Artist and each subcontractor. ---�--
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ARTICLE 10
TERMINATION
10.1. 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
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 Artist a sum equal in amount to the cost incuned
by the Artist in providing such gratuities.
10.2. 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. Tei�rnination 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.
10.3. 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 the termination is for the convenience of 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
17
prior to the date of tei�rnination, 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.
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 Artist's
successors for all work and services performed prior to death or incapacity.
All finished and unfinished drawings, sketches, photographs, models and
work shall become propet-ry of the City.
b. Should Artist's design have 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 10.4, the City shall have the right to
complete the Work. Due regard shall be made for Artist's intended results
and proper credit and acknowledgement shall be given to Artist.
ARTICLE 11
EQUAL OPPORTUNITY
a. The Artist shall not discriminate against any employee or
applicant for employment because of disability, familial status, race, color,
religion, sex, sexual orientation, or national origin. The Artist shall take
affirmative action to ensure that employees are treated equally during
employment, without regard to their disability, familial status, race, color•,
religion, sex, sexual orientation 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.
b. The Artist shall state in all solicitation or advertisements
for employment placed by or on behalf of the Artist that all qualified
applicants shall receive consideration for employment without regard to
disability, familial status, race, color, religion, sex, sexual orientation, or
18
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 puiposes of investigation to ascertain compliance
with such rules and regulations.
d. In the event of the Artist's 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 debarred from further agreements with the City of Fort Worth.
ARTICLE 12
MISCELLANEOUS
12.1. Com�liance.
The Artist shall be required to comply with Federal, State and City statutes, ordinances
and regulations application to the performance of the Artist services under this
Agreement.
12.2 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.
12.3. 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.
12.4. 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.
19
12.5. Govei�nin� 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 Tai-�ant County, Texas.
12.6. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the City and the
Artist and their respective successors and assigns.
12.7. No Third-Partv Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of the City and
the Artist, and any lawful successor or assign, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
12.8. Severability.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired.
12.9. Contract Construction.
The parties acknowledge that each parry 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.
12.10. Fiscal Fundin�0ut.
If for any i•eason 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 Artist 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.
12.11. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
20
12.12. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
12.13. Survivin� Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or
legal incapacity of the Artist.
12.14. Ri�ht to Audit.
The Artist agrees that the City will have the right to audit the financial and business
records of the Artist that relate to the Work (collectively "Records") at any time during
the Term of this Agreement and for three (3) years thereafter in order to determine
compliance with this Agreement. Tluoughout the Term of this Agreement and for three
(3) years thereafter, the Artist shall make all Records available to the City on 1000
Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to
both parties following reasonable advance notice by the City and shall otherwise
cooperate fully with the City during any audit. Notwithstanding anything to the contrary
herein, this Section 8.16 shall survive expiration or earlier termination of this Agreement.
12.15. Certified MWBE.
If applicable, Artist shall make its best effoi-t to become a certified Minority/Women
Business Enterprise (M/WBE) firm with a certifying agency whose certification is
accepted by the City under the City's M/WBE ordinance.
ARTICLE 13
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:
21
1. CITY OF FORT WORTH: Libby Watson, Assistant City Manager
City Manager's Ofiice
City of Foi�t 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 & Tai7ant County
1300 Gendy Street
Fort Worth, TX 76107
ARTIST: Christopher Janney, President
PhenomenArts, Inc.
75 Kendall Road
Lexington, MA 02421 USA
[SIGNATURES APPEAR ON FOLLOWING PAGE.]
22
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the latest
date below.
APPROVED AS TO FORM:
j � � �G6 ��; F_i�, �
Assistant City Attorney
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Date: '
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Contract Authorization
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Date: �I ;�=, i:�
CITY �.�'ORT WORTH
���''_ -�_ _
Libby Wa son
Assistant City Manager
Date: ��� �� ��
ARTIST
by
Pr•esident and Artistic
Duly authorized
Date:
ATTESTED BY:
�� ,
Marty Hendrix
City Secretary
Date: '
23
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CODE SECTORS: 3
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NEIGHBORHOOD REDEVELOPMENT ORGANIZATION:
Downtown Fort Worth, Inc.
POLICE BEAT: Al2
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PUBLIC IMPROVEMENT DISTRICT:
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Page 1 of 1
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EXHIBIT B
Artist's Scope of Work
SOUND ENVIRONMENTS OF FORT WORTH
An Interactive Sound-score to accompany Christopher Janney's"Parking in Color"
Installation for the Fort Worth Convention Center Parking Garage.
INTERACTIVE SOUND-SCORE- There will be an interactive sound-score in the
elevator tower. Over each of the three elevator doors on each of the eleven floors,
there will be an individual audio speaker. As a person walks from their car into the
elevator tower, he will hear an ever-changing score of environmental sounds
indigenous to the Ft. Worth area. As he pushes the elevator button to call the
elevator, it will trigger a melodic "trill" which will emit from the speakers overhead.
As the elevator arrives at the floor, it will be announced by a second melodic tone
from the specific speaker which over the appropriate door. Inside the elevator, the
person will continue to hear the "sound-scapes of Ft. Worth." When the elevator
arrives at the ground floor, the doors will open to a third melodic trill.
ARTIST (PhenomenArts, Inc.) shall be responsible for the following services and
materials:
IN "SOUND ROOM":
1. 1 MacIntosh GS 2.0 or better computer with monitor, keyboard and mouse.
2. Computer modem or equivalent for connection to Hi-speed internet (to be
provided by City).
3. 39 Channel audio-interface hardware. System is to be as good as or better than 3
MOTU 2408's master controllers with Fostex VC-8, substations, totaling 40
channels of independent audio signals.
4. 7 CROWN CP 660A 6-channel ampliiiers to independently amplify each of the
39 audio channels to their respective speakers.
5. Any and all necessary Surge Protection devices to isolate the system from
electrical spikes.
6. "PhenomenArts 2008 Software"- Any and all necessary SOFTWARE to properly
execute the interactive sound-score as set forth in the description above.
EXHIBIT B
EXHIBIT B
Artist's Scope of Work (Con't)
Additional equipn�ent
7. For the eleven floors of the elevator tower- 33 JBL Model 26 audio speakers with
standard mounting bracket.
8. For inside the elevator cab- 6 JBL Mode126 audio speakers (two per cab).
9. Installation of all speakers and associated wiring.
10. Any necessary contact-closure hardware or software, or any other services or
materials necessary to accomplish the sound environment.
CUSTOMLIGHTING — MARQUEE:
1. Approximately ll0 linear feet of Plexi-Neon material or Artist-approved
equivalent.
2. Custom holder for lighting made from approximately 110 linear feet of 1/2" clear
lexan.
3. Installation of the above.
CUSTOMLIGHTING - ELEVATOR CABS.•
1. Approximately 252 linear feet of Plexi-Neon material or Artist-approved
equivalent.
2. Installation of the above on the exterior of 3 elevator cabs.
EXHIBIT B
PhenomenArts, Inc.-
Ft.Worth Convention Garage- Interactive Sound Environment, 8/14/07
PRE-PRODUCTION-4 weeks
One Principal
One Assistant
PRODUCTION-16 weeks
Sound Supervisor
Record texts, field recordings
Melodic Tracks- lay up, mix, rerecord, compress
SFX Tracks- mix, rercord, compress
Music Tracks- lay up, mix, rerecord, compress
Ambient Tracks- lay up, mix, rerecord, compress
Composer-original score, 32 tracks
MIXING-4 weeks
Sound Editor
Ass. Sound Editor
Sound Mixer
HARDWARE-
Sound Designer
li floors, 3 sources/floor
3 elevators-
36 speakers/amplifiers
Build for 39 speaker system
Mac G5 2.0 w/monitor
DIGI HD2 or comparable
Three 96 I/O Units w/AD/DA expanders
Phenom Multi-channel software- 4 weeks
INSTALLATION-
Hook-up and trouble shoot-1 week
1 principal, 2 assistants
Balance system-"soft open"-2 weeks
Speaker install and wiring
Supervise/inspect all speakers and wiring
of others
SUBTOTAL
CUSTOM LIGHTING
Marquee Lighting est.
Elevator Cab Est.
GRAND TOTAL
$ 16,450.00
$ 5,000.00
$ 5,000.00
$ 45,000.00
$ 5,000.00
$ 2,500.00
$ 3,000.00
$ 5,000.00
$ 21,000.00 JBL/Crown
$ 5,000.00
$ 7,000.00
$ 7,000.00
$ 20,000.00
$
$ 10,000.00
$ 10,000.00
$ 20,000.00 $
$ 5,000.00 $
$
$
$
146,950.00
40,000.00
5,000.00
191,950.00
15,000.00
25,000.00
$ 231,950.00
;ontingency Reserve
�eld by FWPA - Project Contingency - 15% $ 24,000.00
ield by FWPA - Elevator Hardware Contingency $10,000.00
$ 34,000.00
EXHIBIT C
City's Responsibility - Site Preparation
SOUND ENVIRONMENTS OFFORT WORTH
ARTIST is NOT responsible for the following f�elated services and nZaterials. ARTIST will
act as consultant to the City to offer� advice and guidance to inszn�e that these related
services are being performed correctly:
1. A weather-proof, temperature-controlled room of at least 8 ft. W x 6 ft. D x 7 ft.
ARTIST will house all related sound equipment in this room, hereinafter refei�red to as
the "sound room." The temperature controls will ensure that the temperature remains
between 65 degrees Fahrenheit and 85 degrees Fahrenheit.
2. Sound room is to have at least 4 dedicated electrical outlets for ARTIST'S
equipment. Each outlet is to be 110V@20 amp service.
3. All related conduit (and pull strings) coming from designed locations for audio
speakers such that wiring may be home-runned to the above-stated "sound room." There
will also be provision for audio speakers placed one above each elevator door on every
floor of the elevator towei• and two audio speakers in each elevator cab with conduit (and
pull strings) such that wiring may be home-runned to the "sound room." (See attached
Sheet #5 and Sheet #8).
4. Hi-Speed internet connection to interface computer to internet for maintenance
purposes only.
Exhibit C
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NLexington, MA 02421 USA
Ph: 781-862-6413/Fx: 862-2778
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FORT WORTH
PUBLIC ART PROJECTS
INSURANCE REQUIREMENTS
1. Commercial General Liability (CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
�Revised 6-12-07)
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
$250,000
$500,000
$100,000
Each accident
or
Bodily Injury per person
Bodily Injury per occurrence
Property Damage
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
Bodily Injury/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
FINANCE DEPARTMENT
RISK MANAGEMENT DIVISION
THE CITY OF FORT WORTH * 1000 THROCKMOR70N STREET * FORT WORTH, TEXAS 76102
Office (817) 392-8492 * FAX (817) 392-5874
EXHIBIT D
FORT wORTH �Revised 6-12-07)
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 cancelled or non-renewed, until
after forty-five (45) days prior written notice has been given to the City of
Fort Worth, except for ten (10) days notice for non-payment of premium. I
am in agreement with this change, and would even agree to change from
45 days to 30 days if they want.
Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth.
(under the general liability policy — subject to additional premium based on
project fee) I do not recommend this be added to the contract. It sounds more
like they're raising the concern that this endorsement costs $$ on the GL policy.
If you want to waive the endorsement requirement on the GL policy (which I
would agree to), you should add the following to the beginning of this bullet item:
"Automobile and Workers Compensation policies shall provide a..."
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-
FINANCE DEPARTMENT
RISK MANAGEMENT DIVISION
THE CITY OF FORT WORTH �r 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102
Office (817) 392-8492 * FAX (817) 392-5874
EXHIBIT D
FORT wORTH �Revised 6-12-07)
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.
FINANCE DEPARTMENT
RISK MANAGEMENT DIVISION
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102
Office (817) 392-8492 * FAX (817) 392-5874
EXHIBIT D
ARTIST INFORMATION SHEET
LOCATION:
ARTIST:
ADDRESS:
CITY: STATE: ZIP:
PHONE:
CELL:
GALLERY/REPRESENTATIVE:
TITLE OF WORK:
�`�
EMAI L:
DESCRIPTION OF ARTWORK (attach if necessary):
MEDIUM OR MATERIAL (list specific product information if relevant):
EDITION INFORMATION:
DATE AND PLACE EXECUTED:
INSTALLATION DATE:
LOCATION OF ARTWORK AT SITE (attach architectural plans if available):
COLLABORATING ARTIST:
FABRICATOR (if other than artist):
EXHIBIT E
ARTIST:
TITLE:
FABRICATOR ADDRESS:
LOCATION AND DESCRIPTION OF SIGNATURE MARKS (or copyright):
DIMENSIONS (in inches):
Artwork (without frame, mat, or pedestal): Height Width
Frame: Height Width Depth Aprox. Wt.
SPECIAL METHODS / MATERIALS UTILIZED IN EXECUTION OF ARTWORK:
A. MATERIAL (type, brand name, manufacturer):
B. FRAMING MATERIALS AND / OR CONSTRUCTION METHOD:
C. MATERIAL THICKNESS (guage):
D. WELDING OR JOINTING METHOD:
E. WELDING ROD ALLOY OR JOINT MATERIAL:
F. CASTING ALLOY, WAX BODY, GLASS OR FIBER TYPE
G. MATERIAL FINISH (paint color and type, glaze, sanding grit, patina,
fixative coatings, etc.)
H. FOUNDATION/INSTALLATION METHOD (bolt/pin size, adhesive)
EXHIBIT E
3
ARTIST:
TITLE:
YEARLY MAINTENANCE AND CARE OF ARTWORK:
J. ROUTINE MAINTENANCE:
K. INTENTION RELATING TO ARTWORK OVER TIME (patina, etc. To what
surFace should the work be cleaned?):
L. PLACEMENT OF ARTWORK (cautions regarding sunlight, heat, etc.):
M. CONSERVATION CONSULTANT:
ADDRESS:
PHONE:
EXHIBIT E
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COUNCIL ACTION: Approved on 9/25/2007
DATE: 9/25/2007 REFERENCE NO.: C-22412
CODE: C TYPE:
NON-
CONSENT
LOG NAME:
PUBLIC
HEARING:
03ACCPARKGARART
NO
SUBJECT: Authorize Execution of an Artwork Commission Contract with PhenomenArts, Inc., for Final
Design / Composition, Fabrication and Installation of an Interactive Sound Environment and
Custom Lighting Components for the New Downtown Parking Garage
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an Artwork Commission
Agreement with PhenomenArts, Inc., for final design / composition, fabrication and installation of an
interactive sound environment for the elevator tower and custom lighting components for the new downtown
parking garage.
DISCUSSION:
The proposed Artwork Commission Agreement with PhenomenArts, Inc., will result in an interactive sound
environment with the working title, "Sound Environments of Fort Worth," for the eleven-story elevator tower
and three elevator cabs of the new Downtown Parking Garage, as well as the final design and installation of
custom interior lighting for the elevator cabs and the marquee. After gathering input from the Fort Worth
community, PhenomenArts, Inc., will compose the sound environment to complement the architectural
enhancements, specifically, colored glass and lighting, which were collaboratively designed with project
consultant Jacobs Engineering, Inc. This public artwork is intended to enhance the experience of Fort Worth
Convention Center visitors, patrons of the garage's street level retail and parking garage users who will
encounter and activate a series of lights, colorful shadows and unique Fort Worth sounds that will provide
way-finding cues, befitting of the City's hospitality district.
The proposed agreement will be for the amount of $231,950.00, with a contingency fund of $34,000.00 for
costs that may be incurred by the artist due to necessary elevator hardware interface and/or custom
lighting. These costs cannot be currently anticipated because the subcontractors related to the applicable
portions of the Downtown Parking Garage have not yet been placed under contract.
It is recommended that the proposed agreement be funded from the the Public Art Fund of the Specially
Funded Capital Projects Fund. The proposed funding source is consistent with the Fort Worth Art
Commission's Long Range Public Art Plan for the Water Fund, adopted by the City Council on May 9, 2006,
(M&C G-15185), which recommends an allocation of the equivalent of 2 percent of a project's design and
construction budget for public art/design enhancements for non-bond funded City projects. This project was
also included in the Fort Worth Public Art Program's FY2006-07 Annual Work Plan, adopted by the City
Council on September 19, 2006 (M&C C-21683) as a part of the City's agreement with the Arts Council of
Fort Worth & Tarrant County, Inc., for administration of the Fort Worth Public Art Program.
The original artist proposal also included a"Fin Sculpture" art component. However, the fabrication /
installation of that art component is not included in the current proposed agreement. Per approved design
and fabrication agreements, project expenditures are below the original art project budget of
$400,000. However, the Fin Sculpture portion of the art project has an estimated budget of
$305,000. Therefore, a contract for fabrication / installation of the Fin Sculpture will only be executed if
additional funding is identified to supplement funds in the remaining budget.
M&C Request Review
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BACKGROUND:
Using the process and guidelines established in the Fort Worth Public Art Master Plan, which the City Council
adopted in September 2003, an artist selection panel Chaired by Councilmember Wendy Davis and including
representatives of Jacobs Facilities, Inc., the Fort Worth Art Commission (FWAC) and the community
reviewed the qualifications of 20 local and national artists from the Pre-Qualified List of Established Public
Artists on January 18, 2006, and then selected three finalists. On February 2, 2006, the Artist Selection
Panel conducted telephone interviews with the finalists, and then recommended Christopher Janney,
President of PhenomenArts, Inc., for the project.
Selection Panel (Votinq):
Council member & appointees:
• Council member Wendy Davis, Council District #9
• Sandra Dennehy, AIA
• Dr. David Stone
Fort Worth Art Commission appointees:
• Kirk Millican, AIA, FWAC Representative
• Carol Ivey, Artist
Jacobs Facilities, Inc. representative:
• Brent Byers, AIA
Advisors�Non-Votinc7):
Representatives of:
• Downtown Fort Worth Initiatives, Inc.
• Transportation & Public Works Department
• Public Events Department
• Jacobs Facilities, Inc., staff
On February 13, 2006, the Fort Worth Art Commission reviewed the Artist Selection Panel's
recommendation, and then made a formal recommendation to the City Council to engage Christopher
Janney, PhenomenArts, Inc., for the Parking Garage Project and to earmark up to $400,000 for the
project. On March 21, 2006 (M&C C-21355), the City Council authorized a Design Agreement with
PhenomenArts, Inc., for collaborative design of integral public art / design enhancements for the Downtown
Parking Garage with Jacobs Facilities, Inc. It was anticipated that the fabrication and installation of art
components would be handled through a combination of an Artwork Commission Contract between the City
and PhenomenArts, Inc., and the City's general contractor for the Parking Garage. On April 13, 2006,
Christopher Janney (PhenomenArts, Inc.) and Brent Byers of Jacobs Facilities, Inc. presented the Parking
Garage Design to the FWAC. On May 15, 2006, the Fort Worth Art Commission approved the conceptual
design / composition of the sound environment for the Parking Garage.
On June 12, 2007, the City Council authorized a Construction Manager-at-Risk Agreement with Thos. S.
Byrne, Ltd., for the construction of the Downtown Parking Garage (M&C C-22184).
M/WBE - The City's overall M/WBE goal for the Fort Worth Public Art program is 25 percent of total capital
project dollars expended on public art annually.
This project is located in COUNCIL DISTRICT 9, but serves all Fort Worth residents.
FISCAL INFORMATION/CERTIFICATION:
M&C Request Review
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
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/AccountlCenters
C291 531200 031980013633 $24,950.00
C291 541200 031980013680 $207,000.00
Libby Watson (6183)
Karen Montgomery (6222)
Bridgette Garrett (8518)
Sandy Oliver (7371)
ATTAC H M E NTS
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