Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 35729
CITY SECRETARY CONTRACT NO. a7� AGREEMENT FOR DESIGN OF PUBLIC ART WORK A15REEMENT BETWEEN THE CITY OF FORT WORTH AND HELMICK & SCHECHTER,INC. This Agreement ("Agreement"), entered into this day of y 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 HELMICK & SCHECHTER, INC. (the "Artist"), acting by and through Ralph Helmick its duly authorized President. The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, INC., (the "Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through Jennifer Lovvorn, its designated Public Art Project Manager. WHEREAS, the City Council has appropriated funds from the 2007 Certificates of Obligation Sale for design of a public sculpture (the "Artwork") for the lobby of NASHVILLE POLICE STATION (NPD #6), located at 1100 Nashville Avenue, illustration attached hereto as Exhibit "A" (the "Site"); and, 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 a work of public art for the Site based upon qualifications attached hereto as Exhibit`B" (the "Artist's Qualifications"); and, WHEREAS, the City and the Artist wish to set out the terms and conditions for the development of a design by the Artist; NOW, THEREFORE, the City and Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: Page 1 of 24 �'ORI M` TEX. ARTICLE 1 SCOPE OF SERVICES I.I. General. a. Artist shall perform all services and furnish all supplies, materials, and equipment as necessary to develop an Artwork design for the lobby of the Site, subject to aesthetic review by the Fort Worth Art Commission and structural design review and approval by the City (the "Final Design"). b. Artist shall coordinate with the City's project consultant Perkins + Will to insure that there is adequate structural support of the Artwork and that there is sufficient electricity to support lighting fixtures so that the Artwork is visible at night. C. Artist shall meet with and seek input from the community advisory group designated by Mayor Pro Tern Kathleen Hicks, which is likely to include the two community members who served on the selection panel and representatives from the local school, neighborhood association and Texas Wesleyan University. d. Artist shall consult with a qualified art conservator and shall provide written maintenance recommendations for the sculpture from said conservator to the Contract Manager. e. Artist shall present the Final Design to the designated community advisory group, City officials and the Fort Worth Art Commission for review and approval at dates and times mutually agreed upon. 1.2. Deliverables: Within three (3) months after the execution of this Agreement, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.2.a — d. (collectively, the "Final Design Deliverables"), to the City for approval of the Final Design. The Final Design Deliverables shall consist of the following: Page 2 of 24 a. Two final design illustrations (one elevation and one plan view) of at least 20" x 30" for the Artwork, mounted on foam core and supplied in a high resolution digital format, as well as material or fabrication samples and/or prototype models, for all elements of the Artwork that show its size and placement in relation to the Site, as appropriate. b. Final written narrative describing: (1) the design concept and timeline for completion; (2) technical specifications for all electrical and lighting components; and, (3) maintenance requirements for all elements of the Artwork as dictated by the Artist along with cost estimates for annual maintenance. c. Final budget for each element of the Artwork with written estimates attached for supplies and services provided by others. d. Comprehensive working drawings detailing the means of installing the Artwork at the Site, together with other such graphic material as may be requested by the City in order to permit the City to carry out structural and electrical design review. These drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas as required by the City. Artist will obtain and furnish to the City certificates of professional liability insurance from each such licensed professional, and will require the City to be named as a "certificate holder" entitled to notice of cancellation/nonrenewal in accordance with standard practices. Artist shall not be liable for the use of the drawings submitted under this Section 1.1.5.d for any use other than the Final Design. Upon request by the Artist, the City, the Site architect, engineer and/or project manager shall promptly furnish all information, materials, and assistance required by the Artist in connection with said submission to the extent such materials are available. The City, upon request, shall also provide correct scaled drawings of the Site, if available. 1.3. Implementation Budget Total. Artist shall develop a Final Design that is financially feasible relative to the Page 3 of 24 budget for implementation. It is understood that the budget for implementation of the Final Design shall not exceed an estimated amount of ONE HUNDRED NINETY-ONE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($191,500), reflecting total costs and inclusive of materials, fabrication, delivery, installation, insurance, Artist's fees and travel expenses, and all associated costs for the Artwork, as well as educational programming and a 10% project contingency which shall be held out separately from the contract. Artist shall provide a detailed budget, on the budget form hereto as Exhibit"C", for implementation of the Artwork through an Artwork Commission Contract with the City 1.4. Design Review. a. The City may require the Artist to make such revisions to the Final Design 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. The City may also request revisions to the Final Design for other practical, non-aesthetic reasons. c. Within thirty (30) days of its receipt of the Artist's submission of the Final Design, the City shall notify the Artist of its approval, or disapproval, of such submission and of each revision made in the Final Design. Revisions made pursuant to this Section 1.4, upon approval by the City, shall become part of the Final Design. d. If the Final Design or any required revision is disapproved by the City, the Artist shall have a.reasonable amount of time to resubmit the Final Design in conformance with the City's requirement. e. If resubmitted materials are not approved by the City, this Agreement may be terminated at the City's option, with payment for work performed per the payment schedule in Section 2.1. Page 4 of 24 f. Upon the expiration of the Term, as hereinafter defined, of this Agreement, if the Final Design is accepted by the City and funding becomes available and is approved by City Council, negotiations for fabrication, delivery and installation of the Artwork shall commence, which shall become part of the deliverables under the subsequent Artwork Commission Contract. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artist a fee not to exceed FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) (collectively, the "Fee"), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement, inclusive of travel, insurance, incidental costs, conceptual design, final design, and all electrical and structural engineering expenses. a. Sixty percent (60%) upon execution of this Agreement, recognizing that the Artist has already invested time and expense in preliminary design coordination with the City and its consultants. b. Thirty percent (30%) within thirty (30) days after the Artist provides the services and deliverables outlined in Section 1.1 and Section 1.2 and Section 1.3. c. Ten percent (10%) within thirty (30) days after City notifies the Artist of its approval of detailed design drawings, working drawings and other items required under Section 1.2. and Section 1.3. (see Section 1.4). 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 Artwork. The City shall supply Artist with the "Texas Sales Tax and Local Sales Tax Exemption Certificate," in substantially the same form as that attached hereto and incorporated herein as Exhibit "D," and will assist Artist in ensuring that appropriate measures are taken so that no sales taxes are charged on services and Page 5 of 24 materials furnished by Artist's vendors. 2.3. Artists'Expenses. The Artist 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 Artist, except as otherwise provided, and the labor costs for Artist's agents, subcontractors, and employees and all other expenses necessary for the proper performance of the services required under this Agreement. ARTICLE 3 TERM AND TERMINATION 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 the Artist under Section 2.I.c. 3.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager 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. 3.4. 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. Page 6 of 24 3.5. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subje�t to written notice submitted thirty (30) days before termination. The notice shall specif�whether the termination is for convenience or cause. b. If t�e termination is for the convenience of City, Artist shall have the right to fees for work performed, in which event 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 City by Artist under this Agreement prior to the date of termination, provided that no right to fabricate or execute the Artwork shall pass to City. C. If termination is for the convenience of Artist, Artist shall remit to City a sum equal to all payments (if any) made to Artist pursuant to this Agreement prior to termination. 3.6. Incapacity of Artist. a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of this Agreement, 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 property of City. b. Should Artist's design have been approved or if Artist's work has progressed to the point of fabrication of the Artwork, in the event of termination under this Section 3.6, City shall have the right to complete the Artwork. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 4 REPRODUCTION RIGHTS 4.1. General. a. Upon payment in full to Artist, Artist's Final Design and all other work products under this Agreement shall become the property of the City, without restriction on fut Page 7 of 24 g �c G M, � p�e U the City accepts the Final Design and the Artwork is built, except as provided below. If the City does not accept the Final Design, or, after acceptance, a commission contract is not entered into and fully performed, ownership of the Final Design shall revert to the Artist. Except a� provided below, Artist may retain copyright and other intellectual property rights in and to the Final Design. By execution of this Agreement, Artist grants to the City a perpetual, irrevocable license to graphically depict or display the Final Design and Artwork for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the Final Design or Artwork intended to promote or benefit the 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 the City, shall be deemed a non-commercial purpose. b. The City shall take title to all documents and/or drawings, which constitute or are components of the Preliminary Proposal and the Final Design, upon final approval of the Final Design. These documents and/or drawings will be retained for archival and exhibition purposes. c. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of this Preliminary Proposal and Final Design, except as those rights are limited by this Agreement. The City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Preliminary Proposal Final Design and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "© date, Artist's name." d. Nothing in this Agreement shall prevent the Artist from using images of the Final Design or Artwork for marketing and promotional purposes in connection with the Artist's business, provided, however, that Artist shall make its best effort to credit City for commissioning the Artwork whenever possible. e. City is not responsible for any third party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. 4.2. Artist's Address. The Artist shall notify the Contract Administrator of changes in Artist's address. Page 8 of 24 ARTICLE 5 WARRANTIES 5.1 Warranties of Title. The Artist represents and warrants that: (a) The Final Design shall be the original product of the Artist's sole creative efforts. (b) The Final Design is and will be unique and original, and does not infringe upon any copyright or the rights of any person; (c) Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Final Design or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; (d) Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; (e) All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence; (F) 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 FINAL DESIGN BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. ARTICLE 6 ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. The Artist shall have exclusive control of, and the exclusive right to control the details of the work performed Page 9 of 24 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 the City and the Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between the City and the Artist. ARTICLE 7 INDEMNIFICATION (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, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND 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 INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER,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 AGAINST ANY AND ALL INJURY, 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 INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR Page 10 of 24 PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR INCIDENTAL TO PERFORMAI CE UNDER THIS AGREEMENT. (c) Artist 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) All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 8 MISCELLANEOUS 8.1. Compliance. The Artist shall comply with all Federal, state and local statutes, ordinances and regulations applicable to the performance of the Artist's services under this Agreement. 8.2. 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. 8.3. 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. 8.4. 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. 8.5. 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 Page 11 of 24 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. 8.6. 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 Artist and their respective successors and permitted assigns. 8.7. No Third-Party 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. 8.8 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. 8.9. Force Majeare. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 8.10. Contract Construction. Page 12 of 24 The parties acknol vledge 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. 8.11. 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 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. 8.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 8.13 Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Artwork (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. Throughout the Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City at 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 8.13 shall survive expiration or earlier termination of this Agreement. ARTICLE 9 EQUAL OPPORTUNITY a. Artist shall not discriminate against any employee or applicant for employment because of age, disability, race, color, religion, sex, sexual orientation, national origin, or familial status. Artist shall take affirmative action to ensure that employees are treated equally during employment, without regard to their race, color, Page 13 of 24 religion, sex, sexual orientation and national origin. Such action shall include but not be limited to the follwing: Employment, upgrading, demotion, transfer, recruitment or pay or other forms of compensations, and selection for training, including apprenticeship. b. Artist shall state in all solicitation or advertisements for employment placed by or on behalf of Artist that all qualified applicants shall receive consideration for employment without regard to age, disability, race, color, religion, sex, sexual orientation, national origin, or familial status. C. Artist shall furnish all information and reports requested by City, and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with such rules and regulations. d. In the event of Artist's noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred from further agreements with City. ARTICLE 10 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Libby Watson, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Public Art Director Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, TX 76107 �? n_ Page 14 of 24 TL 2. ARTIST Helmick & Schechter, Inc. Ralph Helmick, President 447 Lowell Avenue Newton, MA 02460 Page 15 of 24 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY O RT WORTH r L y Wats Assistant City Manager Date: ARTIST f R 1ph Helmick, President Helmick& Sc ter, Inc. Date: � 9'1 VED AS TO FORM: ATTESTED BY: *A—l-F-jK-, Guzman Marty H drix Assistan Cit Attorney City Secr ary-, Date: 8'G Date: Contract Authorization: M&C C-22271 Date: 7/31/2007 "A APECO rrJDD Page 16 of 24 Exhibit A:Site IWI&MIM Nashville Police Station(NPD#6)Site Plan h Lobby Interior,looking west ,I Lobby interior,looking east Page 17 of 24 Exhibit B: Artists' Qualifications HELMICK + SCHECHTER S C U L P T U R E RALPH HELMICK SCULPTURE COMMISSIGN94"ROGRESS jC01la60rallonti w1m Stream SChechtorl MwAtembuig County Cowivouse tinst�laftivn:2g06) site:cita0gtle,f4c chtr4raatsffrid l bl[re Ar's 3 Seierr_•e Cuunahjf CharlMte Phoenlx Fweasks CSbrie Laboralory finistatlattufn:2006) Fria:Pl-imix,A conerissioneid by the Phoeraa Of ve of Arm arxi rultuin Dallas South Cem1rai Pollee SuCetatian lin5tallahon:2D07) atte:Uallae,TX com*raa�Y�l"trt'019 Clue of G�Ilrsc Otk-q cif t.0 w"I ANatrs United Slates Courthous4 (inttailation,2D64) cvrrsrr4isn4fed by the G"eral Services Ad.�rrnistraton SELECTED COMMISSIONS FOR PUBLfC SCULPTURE(collallieuations with Stuart Seheehtee) "Latitude" 205 silo Capital Community Cc9" Atartfaad CT cIVn;<hewcwiCd b/the Conr7+eeLfut iCummission L'111W.`+rtfi "Landing" 2b4S situ Saaltao TaKoma Irder ia6pnal Airport,SeaTu VVA. commiasionad by ne Pair of Seattle "Plotkin Variations- 2wd arre:frrresco Field-at Mile HiM Devver GO cry gmsvw ad ix{me Metropolitan Fondmil Stariam.''.irmnn-t "E"lifte Corpse, 2t104 ate:Bureau otC St.Paw,MI-4 corrvrryrsioatgd be trio Minftesea iaarcant for Art Pmgra-t "Rabble 2003 site:vjfm-atoiina Muee r,of Art.R m9h.PM Imms!"ed by The North Carolina Muroran of Art "Migrations l 3 fl" 2003 site;Staftcrd Creek Corm fional Cernet Aberdeen,VQA emmuessime-d tY{the Niaahtngton Stare ArTfi Comrflif sb-m "hnputmf" 2003 site'Phtadei phis International AirpwA Termmal A,Wast_PhiadNchia P4 cm.masioned bt the Pltila"pha Ofte u"Ans and Culule "Psyche" 20113 site Salt Lake City Rubti[Library,SaR'ake City_UT Ctxntrisri tt e0 b'r rite Sat Lake City Public Ubf twy "Geoius" 2002 site:'_eon to Gor'x xmn"gh Sc izal rw the SGences.9rorMlya r1Y cammu i.^.arsd l;q the Ns�Ymk City Sc400l t;cmatruwtion AAthvrity 'Rare Avis' 2M aM WUzi rvroort Ctr ffgo,iL crfnrrys5�mP1 by the Ghe ago[rnpartmerd Pf Cilliural:i+fa-m "Fata Morgans" 2W1 airs:Telminal21 i Facet Ever lades Ft_Law.er3a6 FL mmrrisurkrfed by the Baol aY4 Ury irdy Division cf C;ilnrral AflairF "9urispruderrts® 20M site.kokivin Pk*Federal Caruthoute East Si.l_.vus IL cumrnsa ones hk trie Cmeral Services Adm4nietiation "Mo"ation" 20do site,#Belcher CemL—t for Pubic Brcadmslinp.Unweishy cf Houston Houston TX catmnrestarte9 W the Untcewly of t-�lz!m 141 Caldwnia Street Neviton,VA 02458 t:617.332.2433 f 617.3322d02 rh61mkbt@lrandsar1.ne1 www.haAdsai .reel Page 18 of 24 SELECTED COMMISSIONS FOR PUBLIC SCULPTURE(wilaborabons with Stuart Schechter) The Jadrie and Mae);Robinson Memorfad icc,WWraofln wtri,kahn Ow.lertrrc aw, 199T ✓fie: rC tJ Haul Plaza,Pesa*na.(,A comnstwmed&i the Pasadena Ratimsnn Waimanal Ri2ard EDUCATION School of the Musa%m of Firwr drat% & ton and Tuft Urirmrsiry.Mcdfard MA 1930 WA in Scrdplure Sftowhegan Schoa of Palnlfng and Sculpture,5kmahegap ME 1979 University of MKNgari.Ann Atnr.W 197a EA in Amentan Chrdw% AWARDS and HONOR$ Pirtwk Art N ot,Wrk Na4rM*Yaot it PIwv'P,a Slid✓+�at.'Landnj 2005 Public Ail°i tmrk National Year in Review Glide Set 'Rabtle'and"Lx•ara oe Calose' 2004 Pubkz Art Netnurk Narwna�Year In ReOew Slide Sat.fur"GeMus' 2003 Puw Art"atwO f win%.Fear to RervigN Srida Aet tex`Tiara Avis` 2002 Pubke Ad'4dvnrk Nabanai Year in Review Slide Set,for iat%hlogara' 2IXi1 General S&Aoe&Adrninnfiation NsU:nal Dealgrl Award 2001 Award for ExcePance,.John`.Wei Y Cobbs Memorial Attama Design r r,1n7 s aan 1997 National Er anent for the Arts i New Engiana Forrndatan kx tKe Arts Fee wahip 1A9i 'Bes7 PL*Aie Artvwurlt in Arlin"award Sravie Ray Varr;irian Merrr_rist 190,1996,1997 A%"td far Deaigtr btellerwe to('Leatherkpa'.ootuni"LaMriarks Four✓brjn 1991 1.ixyaachusetts Artists Fnandation'Jarual artist Finalist 1943 SELECTED BIBLIOGRAPKY Arr liar= I "DS4.2000 bewgn Award'' May 21 A Ara in America Annual "Pubic Art 2QU in Re-Aaw' Vpblic Arc 2ogl in Revic*' Bi-rrnan Lindsay to 'LatkiA Red.ix".kzthtLWixg.May 1995 Broadrup•£%stied✓. 1.9allw1jp5'. r (fir MaylJune i9y2 Froadrup L ipman,Elie •'ExgriiAte corps#',ht¢la smith Maraaz'rn¢,VAntar aim Canlet5,NBIA08 Marin. 'GSA to Honor 7 Projects Y.hefe GWaliej Shawt'. T1[e Wash-rigtan Tirnrrs.32441. Capassa.Nick 'Brainstorms Tne FuMic Art tiff Ralph Halrnick t Stuart S:",heoiter'.!�ZWp Jrp Septornbw 2a✓'I 01why Cwbrwah 'Tabng Rmlit in Art and Ljfa•' Tkiftm 'd fnlei 1995 Dougherty,Unda and €7eryrhy Gravity.Gwrtcmpueary Art and rltgrr exhit►lirvi calal4quw,NoW,Caraluia Faso-hal.Htislop museum mart 20k73. Friinswir Rort "fi!iarli Heats Up.An in America,Patx xfrricer 1!;r•3r,+ Filiield Gceigc 'mrinling in 3D Digital Sculpture S r-Ur*rre Alaaatint May7June lVia. ..Aft&TKhnulogiv:The 3D Prmbsr.. 1993 Forgav,&iiinlamn. "1u+ cal Prolects Earn GSA A oiwds`.Ikt9 y?aashnnbon Pr 1300,13 1 Frick Thom 'galph Hel'anick at%dux Gaile V' An in Arnwtcca, June 16h5 Haralsh,Anne 'Gho;AV II:ef'.Sculpture Maaazliae.Maptkine 1995 Kerlin.Psarx.ra 'Maintaining the Olympic Firag'..r Mlarvh 19`96 Lwmr Pttor H. 1441at`e hopping m kisbn'.Sunday Nravr York'AM0 1r'300 Lehr.Dick 'Jaclue's Sall Larger Than L"fe'.6ostan Glataa 5,2aW Metlrrse4aan.Angela. `Exqueze Corpee a tin ur 1Y}e ��a.Seple tribew.-'Q94. Fames-?.Gary. 'The eNms Mernonsi 684pta Journal-conTmtuton.V<dr95. Public Art Review "Riresnt Projw,s,"L.atitude'.SpangrSurrms+.1QD33 'FrecentProjecta -I.An.ing'.Farllh'hntei 2005. 'nacent prol;xis tA,�J1at1�n".rtyasr�g:5ummer.!t01 Rnss David 'Bo%tan NavR`oataiogda.<GA,Or,*tar. 1W) :�iapnn_Nancy `Ralph Hear%k',A .rsum ►'larch 1997 Suesmar,E E Levine,G "IiaStari NaW..f+•rguretwn'catzitogua,ICA.Bosidn,19K 7emin_Cnrietine. `A Glt a%q on'. 3i1 eW "ads Up.,Juris;pruderrfs'al ns GSA Award'.Rosso-n aloe 5'115M I "CCCorr±ava Celetsare;I'r?L Mr%t CdlecBana" 8u5tari t�ztbe 4119�'C1C 'Giant WAnesaes to Pride and Preludc-e Epv%!Lg ..12i24,w "r'1ne',ubwTb`s PtuVic Art rnurnph`.'i p 11r1'a{a? 'Tha Bronze Siage 'EY4rt'.Boston'+Ur-3as aksdr® 6W7093 ih'MaLv.Lair '•JirsieptLdetite.'.Si:UpWfeMacj?Xi[tr Apol20D1 Page 19 of 24 HELFAICK t SCHECHTER SCULPTURE STUART SCHECHTER SCULPTURE COMIN15810N8-IN-PROGRESS►eollaboRMOM w1U►Ralph ROOM") hbckbrnburg County Courthouse (instaYabom 2NO) sae.Charlotle,MC CarmassW"try One Arts d Spence Coto"d Charbmb Phoenix Forensics Crlaw L Wormlory finstaNabow.2000) x11e.Phoenix AZ coryarrbawned by!re Phoonot OfM*of Arts and Culture Dallas South Omwd Polwe Substation Onstshaton•2OW1 site:Dolba,TX oonersssianad by the City of i}sllas Olsim of Cultural Affaks United Slates Courthouse, (lnstalladon:2M) site:Mobile,AL omw limi rued by Yro Qwwoll sarvicoa lldmkr`gralbn SMICTED COMMISSIONS FOR PUBLFC SCULPTURE(collaborations with Ralph Hoh ick) "LagWda" 2006 site:Capllel Commramly Collage,Hargord,CT ooimseewnad by the Cwwe Amp Commission on the Arts " 2005 sift' Ssabe Tawrm Inlemationsl AlMorL SesTac,WA comn"awned by ere Pat of Smoo, "Pigskin Varbihm' 2004 %ft-(mesco FKW at Mile High,Detour,CO cormveiiwned by the NiatrtpaMtpn Foams Strum Dlatncl "ExWAshe Corpse" 2004 srle:Bureau of Cmanal Apprehmreim,St.Peal,MN as wrawAcnad by Ifra Minrrsrots Percanl for lei Rrogrsm "Rabw 2003 site:Nor*Comilirm Museum of Art,Raleigh.NC oaten pawned by The NoM Camfirm Museuyr of Art "Migrations I A r 2003 one:9HaMbrd Creak Correctional Center,Aberdeen,WA a"roosioned by the Washington Ststs Arts C4we"lon "repulse" 2003 sti e:Philadelphia Inh msYanal AwW Tom"AMOK Plndadel0m.PA oorrwr saewned by the Piviladephia Office of Arts and Culture "P*"he" 2003 sits:Sae,Lake C1ly Puesc Library,Sett Lake Cay,UT CorreGao med by the Sea Lake City Public Library "Rudus" 2002 silo.Lacer fH.Gold Wier High School for Bra Solancos,i1tooklyn,NY oamm med by One Now York Clly Schad Construchm AuVortly "Ran Avis" 2m sits'MWwary Airport.Chicap,IL cor mwesloned by One Chicago Deperb"N of Cwural Affalm "Ftrta#lo 1105m. awl sits:Tormno 211 Pal Eveiglediea.Ft.Lauderdale,Fl commsioned bM Om Sto wwd Qw0ty Division of Cultural Affairs "Jurisprudent' 20H sde:Hawn Price Federal CourIm se,East St.Lour,r ooasrrrtelwted by the Gsnsrsl Servit"Admin aro wr 141 Cettfomla Street NeMiton,!MA 02458 1:617.332.2633 t 817.3322402 sxischacltktrGhandsart.r* www.h8nd3W.rkll Page 20 of 24 SELECTED COMMISSIONS FOR PUBLIC SCULPTURE(Lonllnued) "Modulation" 2000 site:Melcher C~far Public Brvadcaslano.thR versity of"4wlon,ltouslon,TX oo m nssioned by the UalvemNy of Houston The Jedde and Mad*Robinson Lemorial(rxllabWallon with Jdm O*Ate W"e) INT slle: City Hall Plbxe,ftsedena,CA Oorrar ssioned by the Pasedwo Rob, m Memorial Board EDUCATION School of On Mureu*n of Fine Ares,Bottom,MA 1989-1997 Condn wv educaWn courses MaassdKw&ft lnsMLM of Tocknaleglr,Cambridge,MA lose Meeaer of Science Degree in Mechar"Engrrer " Coarse ww%concentration:owwrics and Control Theory way"SIM*Unhrerasy Detroit.0 19e1 bachelor of Science Degree In Mechwh*Engmeeriag Cause work cencenfraliorR:Spuetural Anetysw,System Dwr and Camrol Theory HONORS and AFFILIATIONS General Services Adrwisbwkw National Design Award 2001 Amencen Society of Mochanrai Engmeers 11111114-toss Ter Hasa P1 Engmecring Horror Society Pt Tau Sigma Mechanical E.ngineermg Hwor Society EN4INE911100 EXPERIENCE MkraE NM►ek,MA IgOT to presets Senior 5yajo ns Endneer • Dsveloprq FPOA famwere,embedded software for high-resoM4on encoder alyorr ma. SYNIUNETICS kw.,Bedford,MA 1924-1227 Senior Engineer PrYrppal Nr A tgalor of$750,1100 SB IR Phase it Program ip detrebp a high preaamn rotary fable fix se machine toll inrdusby • Lead enpxw developng now gearbox tochnolopy for ARPA allailm"veM3*oonsortum (eleatru and hytndy • 0861gnad and IMKratad nnnav*mce gearbox technology wtlR state of Qe at tianrelase,brust"n motor wchnobges,alectrascs and control 11raMgues MIT Unsoln Laboratory Lexington,MA 1962-1994 SW Engineer In the Mechanical Design Grow Team leader responw6le for the down,srwlypw and construction bf two CCD imsW V surfaces need in as X-rey career,lhM wAtl ay on 01e NASA AXAF sakd4a, • Designed Ifte camera using exotic materials and epobes b survive 19"end lure aoxwenvely r*ares on orb#enu*ronmere Team leader malwnwhie for sfirbi q the%ao* ty of mounting on actively gimbaled antenna in a No Mobility MWWurpose-purpose Wheeled Vehicle(HNNA V) • Researched and modeled vehicle dMwrwe of the"M?A iW to create vibra o n data used m des*gr*grmbaf . Created mUt ple axis gimbal dynarnics modals and conlyd shalepres Pm)ex:l loader for the pohH,ahead rrreehenuam on a laser eornmwication salelNe program. • IJeergr*d and ft", ner9ed this tNmUo-m9chwk4 ING AIM 0OWd bsern dheang nladremsm . Tested sysfan respprwe,jdeer,bandmdth and repsalabihly PATENTS Ms of Generating an Irides Signal for an Opb*w Errcader Jul 11,2000 Pafwq No 7,075,057 Encoder Bait-Catib alioo Apparatus and UOhod May 24,20066 Paton No.6,497,435 Position Encoder with Safe CelibtMkm Feb.3,2W4 P&%M No.6,088,595 Paneaka Motor Meow w his Cam Speed Comrarter May 30.2000 Pow No.6.088,5?3 variable,Output Speed Drive Feb 23,1999 Petwe No 5,873,600 NwAl"cal Scanner Oct 20,1998 P&IW No.5$23.W Center of Oratory Looaring Devlea Jan.21,1092 Paters No.r.001,05 Page 21 of 24 Exhibit C:Implementation Budget FORT WORTH PUBLIC II ART PROJECT BUDGET Please complete this form and attach a signed receipt of estimate complete with per unit costs(no lump sums)for all items designated with an asterisk(*). TRAVEL(Non-local residents only) Airfare Car Rental Per Diem Expenses at$_per day Mileage at$_per mile STUDIO OVERHEAD Studio Rental,other expenses Phone and fax charges Supplies,detailed below INSURANCE Auto Liability General Liability for Artist/Subcontractors Worker's Comp./Employer's Liability Other,as applicable FABRICATION COSTS (Please attach a complete list of materials,cut-sheets and individual estimates including per unit costs with this form) Materials*(Total) Labor*(Total) TRANSPORTATION Materials to Fabrication Site* Finished Work to Installation Site* Other* SITE PREPARATION Landscaping/Irrigation* Removal* Electrical Modifications* Test Drilling* Water Work/Mechanical Devices Other* ARCHITECTS, ENGINEERS (If applicable,drawing must be signed and sealed by a professional registered to practice in the State of Texas) Architect* Structural Engineer* Electrical Engineer* Other* Page 22 of 24 LIGHTING Designers* Fixtures* Bulbs* Site Preparation* Installation* INSTALLATION COSTS (Costs must include allowance for after hours installation,if applicable. Please attach a complete list of equipment and individual estimates with this form) Labor Scaffolding* Equipment* Off-duty Police Traffic Barriers* Storage Facility Rental* City Permits Display Devices Fireproofing* Other* OTHER COSTS RELATED TO YOUR PROJECT* Photo/Video Documentation Other CONTINGENCY(10%) ARTIST'S FEE(20%) GRAND TOTAL Please make any necessary notes here: Prepared By: Date: Page 23 of 24 ICI I Exhibit D: Sales Tax Exemption 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 cxcmpt 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: 02/07/2007 Phone: f817)392-8325 M e Gray Rossl,Akfitaot Finance Director This certificate does not rcquirc 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 Page 24 of 24 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/31/2007 DATE: Tuesday, July 31, 2007 LOG NAME: 03NASHVILLEART REFERENCE NO.: **C-22271 SUBJECT: Authorization to Enter into a Design Contract with Helmick & Schechter, Inc., for a Sculptural Artwork for the Lobby of the New Nashville Police Station (NPD No. 6) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into a Design Contract with Helmick & Schechter, Inc., to develop an artwork design for the lobby of the new Nashville Police Station (NPD No. 6), in an amount not to exceed $50,000. DISCUSSION: The proposed Design Contract would enable Helmick & Schechter, Inc., to develop a design, with community input, for sculptural artwork for the lobby of the new Nashville Police Station (NPD No. 6). Helmick & Schechter, Inc., will coordinate with the project consultants, Perkins + Will, so that structural and electrical components may be incorporated into the construction documents for the building to support the artwork. Upon design approval, an Artwork Commission Contract will enable Helmick & Schechter, Inc., to fabricate and install the work so that it is completed simultaneously with the opening of the new station. A key element of the architecture is a glass lobby with 30' — 40' ceiling heights that will create a "beacon of safety." The artwork will be a centerpiece of the "beacon," which will be visible both day and night. A community advisory group identified by Mayor Pro Tern Kathleen Hicks will provide input and information about the neighborhood's history to inform the artists' design. This project was 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. There are two sources of funding for this $50,000 contract: 1) Funding in the amount of $7,000 from the two percent set aside for public art from eligible costs from the sale of 2007 Certificates of Obligation; and 2) Funding in the amount of $43,000 from the Public Art Fund, which is consistent with the Long Range Public Art Plan for the Water Fund (adopted by the City Council in May 2006) for projects that require more than the bond-funded Public Art set-aside to fully implement. BACKGROUND: Using the process and guidelines established in the Fort Worth Public Art Master Plan, an artist selection panel chaired by Mayor Pro Tern Kathleen Hicks reviewed the qualifications of 21 artists/artist teams from the Fort Worth Public Art Pre-Qualified List of Public Artists on October 25, 2006, and then selected three finalists and one alternate. On November 8, 2006, the artist selection panel conducted interviews of the finalists, which narrowed the field to the artist team of Helmick & Schechter and the artist Celia Munoz. During a subsequent discussion of the finalists' qualifications on November 28, 2006, the artist selection panel reached consensus that Helmick & Schechter was the preferred artist team for the project. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/30/2007 Page 2 of 2 On December 4, 2006, the Fort Worth Art Commission (FWAC) reviewed the artist selection panel's recommendation and the artists' qualifications, and then made a formal recommendation to engage Helmick & Schechter for the Nashville Police Station (NPD No. 6) project. Selection Panel Noting): - Mayor Pro Tem (MPT) Kathleen Hicks, Chair - Carolyn Tennison, Community Representative (appointed by MPT Hicks) - Rev. David Martinez, Community Representative (appointed by MPT Hicks) - Eva Bonilla, Fort Worth Art Commission Representative - Connie Arismendi, Artist (appointed by FWAC) - Nick Seierup / Phil Callison, Perkins + Will, Project Consultants Advisors (Non-Votit): - Deputy Police Chief Pat Kneblick, Fort Worth Police Department - Captain Judy Jones, Fort Worth Police Department - Lt. Alfredo Garcia, Fort Worth Police Department - Various Representatives from the City of Fort Worth Transportation & Public Works Department 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 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Specially Funded Capital Projects Fund and the 2007 Critical Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C295 531200 038980023830 $7,000.00 C291 531200 038980023830 $43,000.00 Submitted for City Manager's Office by: Libby Watson (6183) Karen Montgomery (6222) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Sandy Oliver (7371) http://www.cfwnet.org/council_packet/Reports/mc_print.asp R/30i?007 CITY AMENDMENT TO CITY SECRETARY CONTRACT NO. 35729 WHEREAS, on. September 4, 2007, the City of Fort Worth ("City") and HELMICK & SCHECHTER, INC_ ("Artist") made and entered into City Secretary Contract No. 35729 (the "Contract") as authorized by City Council (M&C C-22271, July 31, 2007) and the City designated the Arts Council of Fort Worth and Tarrant County, Inc., as its Contract Manager; and, WHEREAS, under the Contract, Artist shall develop an Artwork design for the lobby of the Site, subject to aesthetic review by the Fort Worth Art Commission and structural design review and approval by the City (the "Final Design"); and shall coordinate with the City's project consultant Perkins + Will to insure that there is adequate structural support for the Artwork and that there is sufficient electricity to support lighting fixtures so that the Artwork is visible at right; and, WHEREAS, City desires to increase Artist's scope of services to include additional lighting design consulting; and, WHEREAS,the Artist requires funds to provide the expanded scope of services; and, WHEREAS, it the mutual desire of City and Artist to amend the Contract, NOW, THEREFORE, City, whose address is 1000 Throckmorton Street, Fort Worth, Texas 76102, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Artist, whose address is 447 Lowell Avenue, Newton, MA, 02460, do hereby agree as follows: I. Section 1.3. Implementation Budget Total. This Section is hereby deleted and replaced in its entirety to be read as follows: Artist shall develop a Final Design that is financially feasible relative to the budget for implementation. It is understood that the budget for implementation of the Final Design shall not exceed an estimated amount of ONE HUNDRED EIGHTY-SIX THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($186,300), OFreflectin tota c sts and inclusive of materials fabrication delive installation NGIAL ECORD CITY SECRETARY FT. WORTH, TX Page 1 of 4 t insurance, Artist's fees and travel expenses, and all associated costs for the Artwork, as well as educational programming and a 10% project contingency which shall be held out separately from the contract. Artist shall provide a detailed budget, on the budget form hereto as Exhibit "C", for implementation of the Artwork through an Artwork Commission Contract with the City II. Section 2.1. Fee. This Section is amended to be read as follows: The City shall pay the Artist a fee of FIFTY FIVE THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($55,200.00) (collectively, the "Fee"), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement, inclusive of travel, insurance, incidental costs, conceptual design, final design, and all electrical, lighting and structural engineering expenses a. Thirty thousand dollars ($30,000) upon execution of this Agreement, recognizing that the Artist has already invested time and expense in preliminary design coordination with the City and its consultants. b. Fifteen thousand dollars ($15,000) within thirty (30) days after the Artist provides the services and deliverables outlined in Section 1.1 and Section 1.2 and Section 1.3. c. Ten thousand,two-hundred dollars ($10,200) within thirty(30) days after City notifies the Artist of its approval of detailed design drawings, working drawings and other items required under Section 1.2. and Section 1.3. (see Section 1.4). Funds previously paid to the Artist prior to this amendment shall apply toward the total Fee. ARTICLE 10 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: Fernando Costa, Assistant City Manager Page 2 of 4 City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Public Art Director Arts Council of Fort Worth& Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST Helmick& Schechter, Inc. Ralph Helmick,President 447 Lowell Avenue Newton, MA 02460 Page 3 of 4 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH ttAwa��� F errmdo Costa Assistant City Manager Date: Z 7109 ARTIST Ralph Helmick, President Helmick&Schecht 71 Inc. Date: I I3 APPROVED AS TO FORM: A TTESTED BY: Leann Guzman Marty Hendrix ,c,. �OR�' Assistant qity ttorney City Secretory a�0000aop°o���Y Date: 1 G' Dater o Contract Authorization: M&C C- 22271 Date: 7/31/2007 OFFICIAL RECORD CITY SECRETARY Page 4 of 4 FT. WORTH, TX r�r/!mil/ ARTIST'S FEE(20%) $26,300.00 TRAVEL Airfare $3,200.00 $400 round trip average;2 people,4 trips Car Rental $2,000.00 4 trips; includes gas Per Diem Expenses at$200 per day $6,000.00 approximately 30 person days total for all trips 2 photo trips of 3-4 days each; 1 pre-installation site visit of 1-2 days; 1 installation trip of 6-7 days INSURANCE workman's compensation $7,000.00 6 months of policy coverage inland marine policy $1,000.00 6 months of policy coverage on-site installation rider $2,000.00 project-specific Cost Increases?:Projected Increase in Cost Insurance 12 Months In Future $250.00 yearly policy increases ADMINISTRATIVE EXPENSES Cell phone,at $130 per month $780.00 6 months total Studio phone/fax at $110 per month $660.00 6 months total Delivery/Shipping(for correspondence,samples,models,drawings etc) $1,000.00 Misc.shipments:contracts,drawings,and other documents;equipment to studio,post installation Reprographic Service $1,500.00 Large format printing for fabrication(subcontracted) Supplies $600.00 Misc.supplies such as paper, ink,graphics software updates Administrative work $10,400.00 2 hours per week for a total of 104 weeks,at$50 per hour Cost Increases?:Projected Increase in Cost Admin 12 Months In Future $1,000.00 Printing price increases, hourly rate increases PROFESSIONAL CONSULTANT FEES Structural Engineer* $0.00 Renate Woods quote for sculpture suspension/ceiling integration all expenses related to structural engineering moved to design budget $0.00 Estimate for integration of lighting into floor $0.00 Additonal engineering costs for sculpture(fabricator's CAD work) Photographer(for documentation of completed work)* $3,000.00 Fee, plus prints and digital images provided Photographer travel expenses $800.00 Flight at$400,2 days at$200 per diem Future $500.00 Travel cost increases/engineering fee increases MATERIALS Materials*Total $3,000.00 steel sheet(may use aluminum) $2,960.00 cable assemblies/suspension hardware/assembly tools Cost Increases?:Projected Increase in Cost Materials 12 Months In Future $500.00 steel/aluminum price increases/difference between materials FABRICATION COSTS Acquisition/Processing of 49 profiles $2,400.00 6 person days on site capturing profiles at$50/hour Selecting and processing profiles $4,000.00 10 person days at$50/hour Fabrication of 98 profiles(2 ea.of 49)by subcontractor $36,750.00 Based upon previous fabrication work-$6300 for 3 flat rings in 2006,with 2100 per Dallas ring x 2.5 f Studio time spent at subcontractors assisting with and directing fabrication $8,000.00 20 days total at$50/hour Ring Fabrication $4,000.00 based on previous fabrication work by subcontractor Painting/Finishing $8,000.00 based on previous finishing work by subcontractor Assembly $4,000.00 system- Crating $2,000.00 shipment SITE fPREPARATION Other* $2,000.00 change order for lighting integration in floor Other* $4,000.00 change order for additional steel in ceiling;construction/implementation of additional steel Future $500.00 steel price increases TRANSPORTATION Materials to Fabrication Site* $300.00 delivery fee/steel supplier Finished Work to Installation Site* Truck rental $1,000.00 from Budget trucks,see quote Driver fee $3,000.00 Based on previous work Gas/lodging/food for driver $1,500.00 Based on previous work Future $500.00 Gas/hotel/rental vehicle increases INSTALLATION COSTS Subcontracted Labor* $8,000.00 4 people for 40 hours at$50/hour Equipment Rental related to installation' $1,200.00 aerial lifts for installation-2 lifts at$600/week from United Rentals LIGHTING Designers* $2,000.00 additional design fee for programming/changes Fixtures* $16,200.00 see email quote from Roger Smith Installation* $2,000.00 estimated electrician's fee Cost Increases?:Projected Increase in Cost Lighting 12 Months In Future $500.00 electrician's fee increase,fixture cost increases GRAND TOTAL(including projected cost increase,if any) $186,300.00 Assumptions: a total of six months of Helmick Sculpture studio time will be given to the $50/hour for every Helmick Sculpture employee $50/hour for any on-site hires