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HomeMy WebLinkAboutContract 37955CI i Y 21 C RE` ARY � I` f�i�i�F"AC T NO . bs DESIGN TEAM AGREEMENT BETWEEN THE CITY OF FORT WORTH AND ANITRA BLAYTON FOR A PUBLIC ART MASTER PLAN FOR LAKE COMO PARK AND FINAL DESIGN OF PUBLIC ART/DESIGN ENHANCEMENTS FOR THE NEW LAKE COMO TRAIL This Agreement, entered into this day of ) 2008, by and between the CITY OF FORT WORTH, a municipal corporation, of the State of Texas, (the "City") acting by and through Fernando Costa, its duly authorized Assistant City Manager and Anitra Blayton, an individual (the "Artist"). The City has designated the Arts Council of Fort Worth and Tarrant County, Inc. (the "Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through its Public Art Director. 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, on July 3 -5, 2006, a Public Art Master Planning Workshop for Lake Como Park was conducted by Fort Worth Public Art, in which Artist participated, that resulted in preliminary recommendations for park improvements and approaches to commemorating the history of the Como Community were made; and, WHEREAS, the Como Community, Parks Advisory Board and the Fort Worth Art Commission are supportive of further developing these concepts in the form of a master plan with a view toward implementation; and, WHEREAS, the Artist was competitively selected along with artist Mel Ziegler (the "Co -Lead Artist") through an invitational RFQ process conducted by the Contract Manager with oversight of the Fort Worth Art Commission; and, 1 CITY S�CR� NARY FT. WORTH, TX WHEREAS, the City is designing and constructing a new trail at Lake Como Park which offers the Artist and Co -Lead Artist the opportunity to implement a public a Vdesign enhancement project for the Site; and, WHEREAS, the Fort Worth Art Commission has recommended funds from the Public Art Fund (the "PAF") in its Fiscal Year 2009 Annual Work Plan to develop a Public Art Master Plan and Final Design of Public Art Design Enhancements for the new Lake Como Trail (the "Work") for Lake Como Park (the "Site"), a map of which is attached hereto as Exhibit "A"; and, WHEREAS, the City and the Artist wish to set out the terms and conditions for the Artist's participation in the Project, including collaboration with the Co -Lead Artist and Parks & Community Service Department staff, 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: ARTICLE 1 MASTER PLAN SCOPE OF SERVICES AND DELIVERABLES 1. l Scope of Services. a. Artist, in collaboration with the Co -Lead Artist, shall conduct research and further develop the concepts, recommendations and cost estimates for the Site conceived during the Lake Como Conceptual Master Planning Workshop of July 4 — 6, 2006, a summary of which is attached as Exhibit "B including but not limited to: a. Boardwalk on the north side of Lake Como b. Amphitheatre on the west bank of Lake Como c. Trail encircling Lake Como d. Nature preserve area south of the dam with interpretive elements e. Parking lot and trail improvements b. Artist shall, in collaboration with the Co -Lead Artist, conduct research and identify specific opportunities at various locations at the Site for elements 2 commemorating the history of the Como Community, specifically those designated "Heroes", "Legends" and "Pioneers" by the Lake Como Planning Committee, as well as recommend ways in which future commemorative elements may be incorporated, and shall develop a conceptual framework and specifications for such commemorative elements. c. Artist shall, in collaboration with Co -Lead Artist, meet with city staff from the Stormwater Management Program of the Department of Transportation and Public Works and the Environmental Management Department, and others as appropriate, to investigate the feasibility of proposed infrastructure improvements. d. Artist shall, in collaboration with the Co -Lead Artist, work with the designated staff landscape architect from the Parks & Community Services Department and Contract Manager in developing the plan, as well as cost estimates for the proposed infrastructure improvements. e. Artist shall, in collaboration with the Co -Lead Artist, seek input from the artists who participated in the Lake Como Planning Workshop of July 4 — 6, 2006. f. Artist shall, in collaboration with the Co -Lead Artist, seek input from the Lake Como Planning Committee and other community stakeholders constituting a "Steering Committee" in developing the Plan. g. Artist may use consultant support, as determined by Artist and Co -Lead Artist, at no additional expense to the City. h. Artist shall plan, organize, attend and participate in site visits, design team work sessions, input gathering meetings, research, presentations to community stakeholders, which shall include the Lake Como Planning Committee's annual banquet on October 18, 2008, as well as final presentations to the Parks Advisory Board, and the Fort Worth Art Commission on mutually agreed upon dates in Spring 2009. 1.2 Master Plan Deliverables and Public Art Director Responsibility. a. Artist shall, in collaboration with the Co -Lead Artist, perform the services and furnish all supplies, materials, and equipment necessary to complete the Plan and provide the following deliverables (collectively, the "Master Plan Deliverables") as set forth in this Section 1.2.a.ai.-i. for City approval within six (6) months of the execution of this agreement: i. Lake Como Master Plan 3 1. Master Plan Graphics (e.g., bubble diagrams on existing aerial photographs/maps, photographs of precedents/examples and/or sketches/drawings) to illustrate recommended infrastructure improvements types and location, as well as commemorative element types and locations, for incorporation into final boards/documents to be produced by PSCD staff and Co -Lead Artist. 2. Master Plan Narrative describing: (1) Background/Context; (2) Overall approach and conceptual underpinning for the Lake Como Park Master Plan; (3) Recommended infrastructure improvements types and locations; (4) Recommended commemorative elements, including overall approach, types of expressions, media, locations; (5) Estimated budget ranges for recommended improvements and elements; (6) Prioritization of improvements and elements; (7) Listing of individuals and organizations who participated in the Master Plan by giving input, attending meetings, etc. ii. Conceptual Framework and Specifications for Commemorative Element(s): 1. Design Concept rendering(s) and location map 2. Written Narrative description of concept, media, dimensions, installation method, and timeframe for completion. 3. Preliminary Budget estimate for individual elements. iii. Parking Lot /Trail Improvements 1. Give input, in writing, to PCSD with regard to configuration and design for the parking lot and 4 traiI alignment in a timely fashion (see also Section 1.3) iv. Copy of Artists' Powc; ]LILt presentation, if any. v. Four copies and the pdf file of the final Master Plan brochure/document. b. The Contract Manager's Public Art Director and the designated staff landscape architect team from the Parks &Community Services Department shall constitute the Artists' primary and secondary contact person respectively. c. Artist acknowledges receipt of copies of existing plans, maps, topographic maps and copies of previous master plans for Lake Como Park from Contract Manager. d. Deadlines for submission of Artist's deliverables may be extended by mutual written agreement between the Artist, Co -Lead Artist, and primary and secondary contact persons. ARTICLE 2 TRAIL DESIGN SCOPE OF SERVICES AND DELIVERABLES 2.1 Scope of Services. a. The Artist, in collaboration with the Co -Lead 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. b. The Artist, in collaboration with the Co -Lead Artist, shall perform all services and will furnish all supplies and materials as necessary for developing a Final Design for the Work at the Site. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. c. Artist shall meet and coordinate with the City's consultant and the staff of the Parks & Community Services Department to research the feasibility of the design and to ensure proper integration of the Work into the Site and into the construction documents, as may be necessary. d. Artist, in collaboration with the Co -Lead Artist, shall provide written maintenance recommendations for the Work. e. Artist, in collaboration with the Co -Lead Artist, shall present the Final Design to the designated community advisory group, City Council Member and City officials for input, and to the Fort Worth Art Commission for review and approval at dates and times mutually agreed upon. 2.2 Final Design Deliverables a. Within two (2) 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 2.2.a.iAii. (collectively, the "Final Design )eliverables") to the City for approval. Final Design Deliverables shall consist of the following: i. Detailed, design illustrations of the Work for the Site; these illustrations shall be 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. Artist shall provide a final written narrative describing: (1) Design concepts and timeline for completion; (2) Proposed materials, fabrication and installation methods, including whether the Work will be executed by the City's General Contractor or by the Artist and the Artist's Subcontractor; (3) Maintenance requirements for all elements of the Work as dictated by the Artist along with cost estimates for annual maintenance; and, (4) Proposed community involvement component and/or public education program to be conducted by Artist, in collaboration with the Co -Lead Artist during the commission phase of the project; and, Artist shall provide a final budget for the Work with written estimates attachVWd for supplies and services to be provided by the Artist, by Artist's contractor, or by others in an amount not to exceed $80,000. c. Upon completion of the Final Design Deliverables, Section 2.2.a.i-iii, Artist shall meet with City officials and community representatives, asappropriate, to present the Final Design, at a date and time mutually agreed upon, for input. 0 d. Artist shall present the Final Design to the Parks Advisory Board for input and to the Fort Worth Art Commission for approval at regularly scheduled meetings. e. Upon approval, Artist shall provide the Final Design presentation materials to the Contract Manager to become part of the City of Fort Worth's Public Art archive. f. Upon request by the Artist, the City, the project consultant 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. 2.3. Implementation Budget Total. 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 is estimated at EIGHTY THOUSAND DOLLARS AND NO CENTS ($80.000), including materials, labor, fabrication, delivery, installation, insurance, transportation, travel, 10% contingency and all associated costs for the Work, as well as a fixed artist's fee and funds for the community involvement component and/or educational program. An additional project contingency of 10% shall be held out separately from the contract. Artist shall provide a detailed budget, on the budget form attached hereto as Exhibit "C", for implementation of the Work through an Artwork Commission Contract with the City, which contract is subject to the approval of City Council. 2.4. Design Review. a. The City may require the Artist and Co -Lead 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 and Co -Lead Artists' submission of the Final Design, the City shall notify the Artist and Co -Lead Artist of its approval, or disapproval, of such submission and of each revision made in the Final Design. Revisions made pursuant to this Section 2.4, upon approval by the City, shall become part of the Final Design. d0 If the Final Design or any required revision is disapproved by the City, the Artist and Co -Lead Artist shall have a reasonable amount of rime 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 3.1. f. Upon the expiration of the Term, as hereinafter defined, of this Agreement, if the Final Design is accepted by the City and funding 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. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Fee. The City shall pay the Artist a fee in the amount of TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement, including design and production of the master plan brochure/document. The fee shall be paid in the following installments, each installment to represent full and final, non- refundable payment for all services and materials provided prior to the due date thereof a. Five Thousand Dollars and No Cents ($5,000) upon execution of this Agreement, recognizing that the Artist has already invested time and expense in preliminary design team coordination with the Co -Lead Artist and the City. b. Five Thousand Dollars and No Cents ($5,000) within thirty (30) days after the Artist submits "Final Design Deliverables", as required in Section 2.2.a.i.4ii, of this Agreement and makes presentations to the Parks Advisory Board and the Fort Worth Art Commission. c. Five Thousand Dollars and No Cents ($5,000) within thirty (30) days after the Artist submits certain "Master Plan Deliverables", as required in Section 1.2.a.i.-iii. of this Agreement and makes presentations to the Parks Advisory Board and the Fort Worth Art Commission. d. Five Thousand Dollars and No Cents ($5,000) within thirty (30) days after the Artist submits remaining "Master Plan Deliverables", as required in Section 2.2.a.iv.-v. of this Agreement. e. Five Thousand Dollars and No Cents ($5,000) within thirty (30) days after the City's approval of both the Lake Como Park Master Plan and the Final Trail Design. 3.2. 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 Project. The City shall supply the Artist with the "Texas Sales Tax and Local Sales Tax Exemption Certificate," for use by Artist in the fulfillment of this Agreement. 3.3. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including but not limited to services, materials, mailing/shipping charges and insurance on submissions to the City, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 OWNERSHIP OF DESIGN AND REPRODUCTION RIGHTS The Work and all other work product under this Agreement shall become property of the City, without restriction on future use, except as provided below. Artist shall retain copyright and other intellectual property rights in and to the Work. By execution of this Agreement, Artist grants to the City a perpetual, irrevocable license to graphically depict or display the Work for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the Work intended to promote or benefit 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. Notwithstanding the above limitation, Artist agrees and understands that nothing in this paragraph shall affect or limit the City's absolute, unrestricted rights incidental to the City's full ownership of the final artwork to alter, change, modify, destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in whole or in part, the final artwork when the City deems it necessary within its discretion, in order to otherwise exercise the City's powers and responsibility in regard to public works and improvements, in furtherance of the City's operations or for any other reason. The City agrees to credit Artist as the creator and copyright holder when it graphically depicts or displays the Work. ARTICLE 5 WARRANTY The Work shall be the original product of the Artist's own creative efforts. Artist warrants that the Work is and will be original and agrees to assume the defense of, and indemnify and hold harmless, the City, its officers, employees, agents, and contractors from and against all claims, losses, damages, actions or expenses of every type and description, including attorney's fees, to which they may be subjected arising out of the City's use or possession of the Work by reason of an alleged or actual copyright violation or other lack of ownership, authorship, or originality. 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. 10 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 PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. 11 ARTICLE 8 EQUAL OPPORTUNITY a. The 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. The Artist shall take affirmative action to ensure that employees are treated equally during employment, without regard to their age, disability, race, color, religion, sex, sexual orientation, national origin, or familial status. Such action shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment or pay or other forms of compensations, and selection for training, including apprenticeship. The Artist agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by the City setting forth the provision of this nondiscrimination clause. b. The Artist shall in all solicitation or advertisements for employment placed on or on behalf of the Artist, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, or national origin. c. The Artist shall furnish all information and reports requested by the City of Fort Worth, and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with such rules and regulations. d. In the event of the Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and the Artist may be debarred from further agreements with the City of Fort Worth, ARTICLE 9 MISCELLANEOUS 9.1. Com lin ance. The Artist shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the performance of the Artist services under this Agreement. 12 9.2. 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. 9.3. 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. 9.4. 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. 9 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. 9 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 Artists and their respective successors and permitted assigns. 9 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. 13 9.8 Severabinly. 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. 9.9. Force Majeure. 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. 9.10, Contract Construction. The parries 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. 9.11. 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. 9.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 14 9.13. Artist's Address. Artist shall notify the Contract Manager of changes in address. 9.14. Survivinz: Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of the Artist. 9 15 Co -Artist's Right to Complete. In the event of the death or legal incapacity of the Artist, the Co -Artist and/or the City of Fort Worth shall have the right to complete the Work and shall give credit to Artist, as appropriate. 9.16. Right to Audit. The Artist agrees that the City will have the right to audit the financial and business records of the Artist that relate to the Work (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City on 1000 Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Notwithstanding anything to the contrary herein, this Section 8.16 shall survive expiration or earlier termination of this Agreement. 9.17. Certified MWBE. If applicable, Artist shall make its best effort to become a certified Minority/Women Business Enterprise (M/WBE) firm with a certifying agency whose certification is accepted by the City under the City's M/WBE ordinance. ARTICLE 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: 15 1. CITY OF FORT WORTH: Fernando Costa, 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 ARTIST Anitra Blayton 912 Larkspur Lane Fort Worth, TX 76112 [SIGNATURES APPEAR ON THE FOLLOWING PAGE.] 16 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. APPROVED AS TO FORM: Leann D. Guzman `" Assistant City Attorney CITY OF FORT WORTH Fernando Costa Assistant City Manager ARTIST H11��1CLt3T: City Secretary M&C C-23112 Contract Authorization October 7.2008 Date I� CITY ��i:R� NARY F7: WORTH, TX Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/7/2008 DATE: Tuesday, October 07, 2008 LOG NAME: 13LAKE COMO ART REFERENCE NO.: **C-23112 SUBJECT: Authorize Public Art Master Plan Agreements with Anitra Blayton and Melvin L. Ziegler for Lake Como Park in the Amount of $50,000.00 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a Public Art Master Plan/Final Design Agreement with Anitra Blayton for Lake Como Park in the amount of $25,000.00; and 2. Authorize the City Manager to enter into a Public Art Master Plan/Final Design Agreement with Melvin L. Ziegler for Lake Como Park in the amount of $25,000.00. DISCUSSION: The contracts with co -lead artists Anitra Blayton and Melvin L. Ziegler will result in a Lake Como Park Public Art Master Plan that includes both aesthetic and functional enhancements to increase the community's use and enjoyment of the park through improvements to existing infrastructure and the addition of new park amenities. The master plan will also include the introduction of integral elements that commemorate important people and events of the Como community's history. Working collaboratively with each other and with the Parks and Community Services Department's design staff, as well as other local artists, as needed, Blayton and Ziegler will gather information and input from the Lake Como Planning Committee and other neighborhood stakeholders; as well as other City staff, as appropriate; develop schematic designs for park infrastructure to guide future park development; and set a conceptual framework for integral commemorative elements and identify appropriate locations for these to occur. In addition, the co -lead artists will design a specific public art/design enhancement project for the Lake Como Trail to be constructed in Spring 2009. The amount of the proposed agreement with Anitra Blayton is $25,000.00 and the amount of the proposed agreement with Melvin L. Ziegler is $25,000.00, for a total amount not to exceed $50,000.00 from the Public Art Fund. The source of funding is consistent with the Fort Worth Art Commission's draft Long Range Public Art Plan for the Water Fund, adopted by City Council on May 9, 2006, (M&C G-15185) which includes a process by which the Fort Worth Art Commission may recommend new public art projects. Public Art Funds for this project were included in the Fort Worth Public Art program's Fiscal Year 2008 Annual Work Plan, adopted by City Council on September 25, 2007, (M&C C-22411) as a part of the City's agreement with the Arts Council of Fort Worth and Tarrant County, Inc., for administration of the Fort Worth Public Art Program. On July 14, 2008, the Fort Worth Art Commission recommended that design of a specific public art/design enhancement project for the Lake Como Trail be added to the artists' scope of work along with additional http://www.fortworthgov.org/council�acket/Reports/mc�rint.asp 11 /4/2008 Page 2 of 2 funds. BACKGROUND: In an effort to assist the Lake Como Planning Committee and the Parks and Community Services Department to plan improvements and commemorative elements to Lake Como Park, Fort Worth Public Art staff organized a Conceptual Master Planning Workshop on July 3 through 5, 2006. Artists Anitra Blayton and Melvin L. Ziegler participated, along with five other local and Texas -based artists identified by the Fort Worth Art Commission and the community, in evaluating park needs and brainstorming solutions. The artists' initial concepts have been presented to and embraced by the community and have been well received by the Parks Advisory Board and the Fort Worth Art Commission. Using the process and guidelines established in the Fort Worth Public Art Master Plan, which City Council adopted in September 2003, an invitational Request for Quotes (RFQ) was issued. On February 20, 2008, a review panel chaired by Council Member Carter Burdette reviewed the qualifications of the artists who responded to the RFQ and interviewed them. Artists Anitra Blayton and Melvin L. Ziegler asked to be considered as a team. After discussion and consideration, the review panel recommended Anitra Blayton and Melvin L. Ziegler as co -lead artists for the project. REVIEW PANEL • Council Member Carter Burdette; • John Hudson, Lake Como Planning Committee representative; • Estrus Tucker, Lake Como Planning Committee representative; • Regina Blair, Fort Worth Art Commission representative; • Gale Cupp, Parks Advisory Board representative (CD 7); and • Mike Ficke, Design and Development Superintendent, Parks and Community Services Department. On March 10, 2008, the Fort Worth Art Commission reviewed the panel's recommendation and made a formal recommendation to City Council to engage artists Anitra Blayton and Melvin L. Ziegler for the Lake Como Park Public Art Master Plan. 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 7. FISCAL INFORMATIONICERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects fund. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers C291 531200 807980117110 $30, 000.00 C291 531200 807980117130 $20,000.00 Fernando Costa (6122) Karen L. Montgomery (6222) Richard Zavala (5704) Greg Simmons (7862) Sandy Oliver (7371) http://www.fortworthgov.org/council�acket/Reports/mc�rint.asp 11/4/2008