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HomeMy WebLinkAboutContract 37109Cf'y SECRETARY3 CON1 F?,CT NO, AGREEMENT FOR FINAL DESIGN OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND FLOYD NEWSUM, JR. This Agreement, entered into this �.4�— day of 20085 by and between the CITY OF FORT WORTH, a home rule munic al corporation of the State of Texas (the "City"), acting by and through Carl Smart, its duly authorized Acting Assistant City Manager and Floyd Newsum, Jr. (the "Artist") of 6111 Del Rio, Houston, Texas 77021. 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 Anne Allen, its designated Public Art Project Manager. WHEREAS, the City is implementing the Fort Worth Public Art Program pursuant to the Chapter 2, Sections 2-56 through 2.61 of the Fort Worth Code of Ordinances, (the "City Code"), in order to create an enhanced visual environment for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the City's capital infrastructure improvements and to promote tourism and economic vitality in the City through the artistic design of public spaces; and, WHEREAS, City Council appropriated funds from the Public Art Fund of the Specially Funded Capital Projects Fund on August 20, 2005 (M&C C-21014), for the design and commission of an artwork to be located at or in the Public Health Center and, WHEREAS, the City of Fort Worth has an agreement with Cypress Equities to design and construct the Public Health Center, on a site bordered by / Leuda Street, Missouri Avenue, Evans Avenue and Verbena Street, within the Evans and Rosedale Urban Village in east Fort Worth, TX, 76104, more particularly described in Exhibit "A" hereto (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, fabricate and install artwork for the Public Health Center and Artist has proposed: (1) A hand -painted aluminum sculpture suspended in the center's multi -level lobby, kp cting figures engaged in healthy lifestyle activities together with imagery reflecting ],cultural, heritage of the Evans and Rosedale community; and, (2) An inset wall CIE ',yIE 7 �k, PAu if �i�11 1 mounted three -panel laser cut aluminum piece depicting healthy foods and activities for the Lucille B. Smith Demonstration Kitchen (collectively, the "Work"); and, WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed in order to promote the integrity %J Artist's ideas and statements as represented by the Work. NOW, THEREFORE, 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: ARTICLE 1 SCOPE OF SERVICES 1.1. General. a. The Artist shall perform all services and will furnish all supplies and materials as necessary for developing a final design ("Final Design"), as set forth in Section 1.3 of this agreement. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. The Artist shall determine the artistic expression, 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 shall be mutually agreed upon by the City and the Artist. c. Artist shall meet with and seek input from a community advisory group designated by Mayor Pro Tem Kathleen Hicks and representatives from the Public Health Department and Cypress Equities. 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 meet and coordinate with Cypress Equities' project architect Dennehy Architects and the project engineer to ensure proper integration of the Work into the Site and into the construction documents; and to ensure that there is sufficient structural support and appropriate lighting for the work. 2 f. Artist shall present the Final Design to the designated community advisory group, the Public Health Department, Cypress Equities and City officials for input and to the Fort Worth Art Commission for review and approval at dates and times mutually agreed upon. 1.2. Artist Selection. City and Artist acknowledge that the Artist's qualifications and the Artist's Preliminary Proposal, attached hereto as Exhibit "B", have been reviewed and approved by the Fort Worth Art Commission, as the basis for executing this design services contract with the Artist. 1.3. Final Design Phase Deliverables. a. Within one (1) month after the execution of this Agreement, Artist shall provide information on the weight and dimensions of the Work, as well as locations of attachment points and lighting specifications to the Contract Manager for the project architect's review and inclusion in the building's construction documents. b. 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 1.3.b.i.—iv.(collectively, the "Final Design )eliverables"), to the City for approval. Final Design Deliverables shall consist of the following: i. Two conceptual design illustrations of the artwork showing the grouping of atrium components; one as they would appear to a visitor viewing from inside the atrium area and one in plan view showing proposed locations of the artworks; and in addition, one illustration featuring the artwork proposed for the Lucille B. Smith Demonstration Kitchen; these illustrations shall be supplied as illustrations of at least 20" x 30" mounted on foam core and/or in a high resolution digital format, such as JPEG or TIF files; and, ii. Final written narrative describing: (1) the design concept and timeline for completion; (2) proposed materials, fabrication and installation methods; and, (3) maintenance requirements for all elements of the Work as dictated by the Artist along with cost estimates for annual maintenance, and, (4) proposed public education program to be conducted by Artist during the commission phase of the project; and, 3 iii. Final budget for each element of the Work with written estimates attached for supplies and services provided by others, including line items showing the amounts that will be part of the construction budget, (such as an additional ceiling beam needed to support a suspended art element); and, iv. Comprehensive working drawings detailing the means of installing the atrium components of the Work 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 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 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. c. Artist shall coordinate with Cypress Equities' project architect Dennehy Architects on the attachment method for the panels to be installed in the demonstration kitchen, and Artist shall be responsible for design A the attachment method. d. Artist shall provide the Final Design presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art archive owned by the City of Fort Worth. e. 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. 1.4. Implementation Budget Total. Artist shall develop a Final Design for the Work that is financially feasible to implement 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 NINETY THOUSAND DOLLARS AND NO CENTS ($90,000), reflecting total costs and inclusive of materials, fabrication, delivery, installation, insurance, Artist's fees and travel expenses, and all associated costs for the Work, as well as educational program 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 Work through anArtwork Commission Contract with the City. 1.5. Design Review. a. The City may require the Artist to make such revisions to the Final Design as are necessary for the Work to comply with applicable statutes, ordinances or regulations of any governmental regulatory agency having jurisdiction over the Final Design 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. 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 Work shall commence, which shall become part of the deliverables under the subsequent Artwork Commission Contract. 2.1. Fixed Fee. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 5 The City shall pay the Artist a fee not to exceed SIXTEEN THOUSAND DOLLARS AND NO CENTS ($16,000) (the "Fee"), which includes a fixed Artist's fee of TEN THOUSAND DOLLARS AND NO CENTS ($10,000), inclusive of incidental costs and all travel expenses, (the "Artist's Fee") and an amount not to exceed SIX THOUSAND DOLLARS AND NO CENTS ($6,000) for engineering and fees, (the "Engineering Fees"), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement, including engineering and consulting fees as provided below. The Artist's Fee shall be paid in the following installments, expressed as portions of the Fee, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: The Artist's Fee shall be paid as follows: (a) Five thousand dollars ($5,000) 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) Four thousand dollars ($4,000) 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) One thousand dollars ($1,000) 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). The Engineering Fees in an amount not to exceed $6,000 shall be paid to the Artist for engineering fees and a conservator's consultation in order to fulfill the terms of this Agreement. Such payment shall be made upon receipt of an invoice from the Artist with the original invoice (a retainer fee of up to 50% is allowed) for such services attached. 2.2. Sales Taxes. The City is atax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Work. 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 G 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 Artist by City, whichever is later. 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. 3.3. 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 7 in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 3.4. 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 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 Work 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. 3.5. Incapacity of Artist. a. In the event of Al 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 Work, in the event of termination under this Section 3.5, 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 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 future use, if the City accepts the Final Design and the Work 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 as 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 Work for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the Final Design or Work 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 Work 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 Work 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 City of changes in the Artist's address set forth in Article 10. 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 that require the express approval of the Artist. Notwithstanding this provision, the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist's rights. ARTICLE 5 WARRANTIES 5.1 Wai7anties of Title. The Artist represents and wai7•ants 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 attorneys 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. IS17 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 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 N 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, 11 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 PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE 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. 12 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 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 Majeure. 13 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. The parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 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 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. Throughout the Term of this Agreement and for three (3) years thereafter, 14 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, 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. 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 maybe 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 15 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: Copies to: 2. ARTIST Carl Smart, Acting Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 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 Floyd Newsum, Jr. 6111 Del Rio Houston, TX 77021 [SIGNATURES APPEAR ON FOLLOWING PAGE.] 16 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. Leann Guzman Assistant City Attorney Date: Contract Authorization: M&C C-21014 Date: 9/20/2005 qR CITY OF FORT WORTH Acting Assistant��ity Manager Date: Op/ (v�O ARTIST Floyd Newsum, J'�i, ,/ Date: Y- // - d0 ATTESTED BY: V � ' Marty Hendlix City Secretary �l Date: S' 17 Exhibit A: The Site WEST ELEVATION NORTH ELEVATION P U B L l C H E A L T H WORTH B U l L D l N G ELEVATIONS sr:rr_rnn[n aa�� Zt 17 I 1 0 Exhibit B: ArtistsPreliminary Design Proposal N e w s t,j.k, Pc,* 1 p4 Exhibit C: Implementation Budget FORT WORTH PUBLIC 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 (Nonaocal residents only) Airfare u Car Rental Z Per Diem Expenses at $' U per day 13 a 0 0 Mileage at Si,48 per mile 9, o Ho4Q-C as 0 0 STUDIO OVERHEAD - only if acquired for this project Additional Studio Rental, other expenses , 7 d o a q Phone and fax charges Supplies, detailed below i o p, p DC, i'wis k r U S e S, f ` 3 f ylA LY'Ar tN aY4'9,NPN 1 o �,(t,C,w;x`r, $4Rks f-ec 17�ry VJG4 kf INSURANCE S q� 0 e ti, f Auto Liability a, 0 U U General Liability for Artist / Subcontractors 14 o ti 0 . o 0 Worker's Comp_ / Employers 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) < <„ I r,4vii-As 4 Materials` (Total) Labor` (Total) la aQuoo TRANSPORTATION P`°"' J 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" S ti a p OY � !`l�c,n or Ceh)tjtc Sc4ldvyt l 19 LIGHTING Designers' Fbdures` 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) 104�1 Fiuc Sc �}i7tkr<s 1`hY�E pst�i Labor f3.S 6e1tJ i a,UQd�oo=ld�3SU, Scaffolding' Equipment` OMuty Police Traffic Barriers' Storage Facility Rental` City Permits Display Devices Fireproofing` Other' OTHER COSTS RELATED TO YOUR PROJECT` Photo / Video Documentation other Scud faY col'i ARTIST'S FEE (15%) GRAND TOTAL Please make any necessary notes here: Prepared By: Exhibit C: Implementation Budget Form 20 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 iuvoice)'i'o Be Purchased: All Items 1 claim this exemption for the following reason: Nameofexemptorganization: CitvofFortWorth Texas Sales and Use Tax Perxnit Number 1-75-6000528-6 Project for which materials and supplies are purchased: I understand that I will be liable for payment o£ sales tax, which may become due for failure to comply with the provisions of the stale, 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 item& 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 itran 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: 8171392-8325 This certificate does not require a number fo 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. 21 Exhibit E: Technical and Maintenance Record GENERAL INFORMATION Address: Telephone: Cell: E-mail: Gallery Affiliation: Other Representation: ARTWORK Title of Artwork: Project Name and Location Address: FWPA Project Manager: Description of Artwork: (attach separately if necessary): Artwork Dimensions: Height: Width: Depth: Pedestal or Pad Material: Pedestal or Pad Dimensions: Height: Width: Depth: Location &Description of Signature Markings (or copyright): Edition Information if applicable: Date of Execution: Place of Execution: Collaborating Artist: Fabricator (if other than artist) Exhibit E: Technical and Maintenance Record 22 Exhibit E: Technical and Maintenance Record Fabricator Address: Methods/Materials Used in Execution %J Artwork Materials (list type, brand name and manufacturer of all materials; attach Material Safety & Technical Data. Include contact names for all suppliers and attach warranty information): Construction Description: (list all fabricators and any architects, engineers or other technicians involved in the creation and installation of this artwork. Attach all warranties & agreements) Material(s) Specifications: Joining Methods: Welding Rod Alloy or Joint Material & Application Method: Casting Alloy, Wax Body, Glass or Fiber Type: Finishes & Coatings (paint color and type, glaze, patina, any and all coatings including fixative, UV, grafitti, etc. Please list vendors and contact information and provide all product information): Exhibit E: Technical and Maintenance Record 23 Exhibit E: Technical and Maintenance Record Pedestals, Foundations &Footings, Mounting and Attachment Applications (List all materials used to install artwork on site. Include vendor information, parts numbers, warranties and agreements.) Integrated Components (List all components included in design and fabrication contracts that function as a part of the final installation including but not limited to: lighting, media, landscaping, etc. Include all vendor information, parts numbers, warranties and agreements and any/all design schematics): Installation Installation Date: Installation Method: (describe installation method, provide photo documentation if available. List name and contact information of installation crew. Attach any diagrams or disassembly instructions.) Recommended Routine Maintenance Artist recommendation based on experience and consultation with conservation expert Artist's Conservation Consultant Name: Address: (Please attach Conservator's Long Term Maintenance Recommendations) 24 Exhibit E: Technical and Maintenance Record Unusual or Special Circumstances of Note Artist's Intention (Please describe your view of how the artwork will change over time and in response to environmental conditions. The artist's vision of how the artwork will look in the future assists FWPA in realizing an appropriate conservation action plan. In addition to environmental conditions public artworks are often affected by public handling, landscaping and site changes. Please clearly detail your expectations for this artwork. Please address issues related to the life expectancy of this artwork.) Unusual or Special Circumstances of Note Artist's Intention (Please describe your view of how the artwork will change over time and in response to environmental conditions. The artist's vision of how the artwork will look in the future assists FWPA in realizing an appropriate conservation action plan. In addition to environmental conditions public artworks are often affected by public handling, landscaping and site changes. Please clearly detail your expectations for this artwork. Please address issues related to the life expectancy of this artwork.) Exhibit E: Technical and Maintenance Record 25 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/20/2005 DATE: Tuesday, September 20, 2005 LOG NAME: 03NEWSUMART REFERENCE NO.: C-21014 SUBJECT: Approval of Artwork Design Contract and, Upon Design Approval, Approval of Subsequent Artwork Contract with Floyd E. Newsum, Jr., for a Suspended Metal Sculpture for the Interior Atrium and Exterior Window Enhancements that Reflect the Neighborhood's Cultural Heritage for the Public Health Center in the Evans and Rosedale Business and Cultural District RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a Design Contract with Floyd E. Newsum, Jr., in an amount not to exceed $10,000, for design development of an integral artwork to be located at the Public Health Center in the Evans and Rosedale Business and Cultural District; and 2. Authorize the City Manager to enter into a subsequent Artwork Contract with Floyd E. Newsum, Jr., upon approval of final design by the City, in an amount not to exceed $96,000, for fabrication, delivery, installation, artist's fees and associated costs for the integral artwork to be located at the Public Health Center. DISCUSSION: On August 15, 2005, the Fort Worth Art Commission (FWAC) recommended that the City of Fort Worth commission Floyd E. Newsum, Jr. to develop design concepts, and upon final design approval, commission the artwork for the Public Health Center in the Evans and Rosedale Business and Cultural District. Newsum's design concepts include a steel sculpture suspended in the Center's multi -level interior atrium, which may depict silhouetted figures engaged in healthy lifestyle activities, as well as imagery reflecting the cultural heritage of the neighborhood. A second component of the design would translate similar imagery onto the Center's exterior windows in a durable film medium. Because Urban Villages are recommended as public art sites in the Fort Worth Public Art Master Plan (adopted by Council in September 2003) and because this project is not part of the 2004 Capital Improvement Program (CIP), and thus not eligible for 2004 CIP public art funding, the FWAC proposes to use monies from the annual set -aside of Water Department capital project public art funds for this project. The Arts Council is also currently developing a draft Long -Range Public Art Plan for Water Funds, which is anticipated to be presented for Council approval in November 2005. This plan will recommend that all City facility projects not funded in the 2004 CIP, nor eligible for 2004 CIP public art funds, be allocated an amount equivalent to 2% of the project's total design and construction cost for public art. It will be proposed that capital improvement funds from the Water public art funds be used to pay for this 2% equivalent. Project Back ry ound http://apps.cfwnet.org/council packet/Reportshnc�rint.asp 5/22/2008 Page 2 of 2 On May 5, 2004, the FWAC recommended that a group of artists become involved in a design charette for the new library and public health center being planned for the Evans and Rosedale Business and Cultural District that was to produce a design that conceptually and visually unites the campus and Urban Village and reflects the history and culture of the neighborhood. In June 2004, a Request For Qualifications (RFQ) was sent to 48 metroplex and Texas -based artists identified by the Art Commission and community stakeholders, as well as Arts Council and City staff as potential participants in the charette. Fifteen artists responded to the RFQ. The artist selection panel, including FWAC Commissioner, Anitra Blayton, members of the City's project consultant team (Stanley Love -Stanley) and the community, short-listed five artists: James Cleveland, Anita Holman Knox, Letitia Huckaby, Floyd E. Newsum, Jr. and Rudy Eastman. The Art Commission then reviewed the qualifications of the short-listed artists and recommended them as co -facilitators of an Evans and Rosedale Community Workshop on August 21, 2004. Based on the artist's past work and participation in and contributions to that Community Workshop, the project consultant then selected Floyd E. Newsum Jr. as the design team artist for the Public Health Center. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/AccountlCenters Submitted for City Manager's Office by' Originating Department Head• Additional Information Contact: FROM Fund/Account/Centers C291 531200 038980022633 10.000.00 C291 541200 038980022683 $96,000.00 Libby Watson (6183) Bridgette Garrett (8518) Sandy Oliver (7371) http://apps.cfwnet.org/council�acket/Reports/mc print.asp