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HomeMy WebLinkAboutContract 36365 c _ "r AGREEMENT FOR FABRICATION OF DESIGN ENHANCEMENTS FOR VARIOUS PARKS AGREEMENT BETWEEN THE CITY OF FORT WORTH AND ROBERT CURBELLO This Agreement, entered into this CQVI day of 2007, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (the "City"), acting by and through Libby Watson, its duly authorized Assistant City Manager and ROBERT CURBELLO DBA CURBELLO DESIGNS (the "Fabricator"), 5105 Donnelly Avenue, Fort Worth, TX, 76107. The City and the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, Inc., (the "Contract Co- Manager") shall jointly manage this AGREEMENT. The Contract Co-Manager shall act through Martha Peters, its designated Public Art Director. WHEREAS, the City is implementing the Fort Worth Public Art Program pursuant to 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, funds for public art projects at various parks have been allocated from the 2004 Capital Improvement Program (CIP), Proposition 2, and on May 17, 2005, the City Council approved the Long-Range Public Art Plan for the 2004 CIP, in which playground replacements were identified as projects to receive 2004 CIP Public Art funds, for the design and placement of works of art at, or in said Site; and, WHEREAS, Benito Huerta (the "Lead Artist"), who was selected by the City through a selection process conducted through the Contract Co-Manager and recommended by the Fort Worth Art Commission, invited two artists—Etty Horowitz and Billy Hassell (the "Artist Team") and, in cooperation with PCSD staff, developed four thematic approaches for parks design enhancements: Freeform, Geometric, Nature and Western, along with a Park Design Enhancement Catalog, containing elements specific to aeldith�f � s (the "Catalog" is attached as Exhibit "A"); and, r ): .-a.� V�q�� �� 1 y WHEREAS, the City Council authorized the implementation of the Catalog (M&C G-15251, dated June 20, 2006), beginning with pilot projects at four sites: Como Community Center Park, Handley Park, Summerfields / Chisholm Park and Tandy Hills Park (the "Sites"); and, WHEREAS, the Fabricator shall fabricate specific elements from the Catalog for the pilot projects (the "Work"); and, WHEREAS, the Fabricator was selected by the Lead Artist and Artist Team based upon his qualifications and ability to fabricate all elements contained in the Catalog; and, WHEREAS, City and Fabricator wish to set out the terms and conditions under which said Work shall be fabricated in order to promote the integrity of Artist Team's ideas and statements as represented by the Catalog. NOW, THEREFORE, City and Fabricator 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 Fabricator shall perform all fabrication services and will furnish all supplies, materials, and equipment as necessary for the Work. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. The Fabricator understands that the Work is subject to review and acceptance by the Lead Artist and Artist Team, City and the Contract Co-Manager to insure that the Work fulfills the Lead Artist and Artist Team's intent in terms of artistic expression, scope, design, color, size, material, and texture and the technical feasibility of the Work to be installed at the locations at the Sites which have been mutually agreed upon_ City and the Lead Artist. 2 C. The Fabricator shall have the Work ready for pick up, delivery and installation by the City on dates and at times mutually agreed upon by the Fabricator and the City. 1.2. Execution of the Work a. Upon execution of this Agreement, the City shall supply a copy of the final construction documents to Fabricator and, after consulting with the Lead Artist, submit an order of specific design enhancement elements, including color specifications for paint finishes for each of the Sites to Fabricator (a preliminary order is attached as Exhibit «B„ b. Fabricator shall complete the Work in accordance with the Schedule attached as Exhibit"F". Schedule changes may be accomplished by written agreement between the Fabricator and the City. C. Fabricator shall provide specifications, including all materials and fabrication methods and paints used, along with written maintenance recommendations for the Work to the City. d. The City, Artist, Artist Team and Contract Co-Manager, shall have the right to review the Work at reasonable times during its fabrication. Fabricator shall, upon written request by City, provide City with a written progress report detailing the progress made toward completion of the Work and the remainder of work to be done to complete the Work. e. The Fabricator shall complete the fabrication of the Work in substantial conformity with the Construction Documents using paint colors specified by the Lead Artist for each element for each of the Sites, and said Construction Documents shall be provided to Fabricator upon execution of this Agreement. f. In the event that the fabricated elements must be changed due to technical reasons, Fabricator must present to the Artist, City and Contract Co-Manager, in writing for further review and approval, any significant changes in the scope, design, color, size, material, or texture of the Work not in substantial conformity with the Construction Documents �x p int color specifications. The Contract Co-Manager shall, in light }�r quest, determine whether a significant change requires Fort Worth :. : . ron mission approval. 3 r 1.3. Pickup, Delivery and Installation a. The Fabricator shall notify the City, in writing when the Work is completed and is ready for pick up in compliance with the schedule approved pursuant to Section 1.2.b. b. The City shall be responsible for pick up, delivery and installation the completed Work at the Site delivery and installation. C. City shall be responsible for labor and equipment or costs associated therewith to prepare the Site for the installation of the Work. 1.4. Final Acceptance. a. The Fabricator shall advise the City in writing when all services required have been completed in substantial conformity with the Construction Documents and paint color specifications. Included in such notice from the Fabricator shall be an affidavit certifying that all bills relating to services or supplies used in the performance of this Agreement have been paid. b. The City shall notify the Fabricator in writing of its final acceptance of the Work("Final Acceptance"). C. Final Acceptance shall be effective as of the earlier to occur of (1) the date of the City's notification of Final Acceptance; or, (2) the 35th day after the Fabricator has sent the written notice to the City required under Section 1.4.a unless the City, upon receipt of such notice and prior to the expiration of the 35-day period, gives the Fabricator written notice specifying and describing the services which have not been completed. 1.5. Risk of Loss The risk of loss or damage to the Work shall be borne by the Fabricator prior to Final Acceptance by the City, and the Fabricator shall take such measures as are necessary to protect the Work from loss or damage until Final Acceptance, including but not limited to the purchase of property loss insurance; except that the risk of loss or damage shall be borne by the City prior to Final Acceptance during such periods of time as the partially or wholly completed Work is in the custody, control or supervision of the City or its agents for the purposes of moving, storing, or performing any other ancillary services to the OT 4 ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fee. The City shall pay the Fabricator for services rendered with a total not to exceed NINETEEN THOUSAND THREE HUNDRED EIGHT DOLLARS AND NO CENTS ($19,308)(the "Fee"), which shall constitute full compensation for all services and materials to be performed and furnished by the Fabricator under this Agreement, inclusive of execution, fabrication, insurance, incidental costs, and all travel expenses. The Fee shall be paid as follows: (a) $9,654.00 upon full execution of this Agreement. (b) $2,414.00 upon 100% completion of parks design enhancement elements ordered for Como Community Center Park. (c) $2,414.00 upon 100% completion of parks design enhancement elements ordered for Tandy Hills Park. (d) $2,413.00 upon 100% completion of parks design enhancement elements ordered for Handley Park. (e) $2,413.00 upon 100% completion of parks design enhancement elements ordered Summerfield/Chisholm Park and within thirty- five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of services and supplied rendered to the Fabricator [see Section 1.4.a]. 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 Project. The City shall supply the Fabricator 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 "C" for use by Fabricator in the fulfillment of this Agreement. 2.3. Fabricator's Expenses. Fabricator shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including but not limited to services, materials, mail �g charges and insurance on submissions to the City, cost of all travel, and I M / 5 1 costs for Fabricator's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1 Term. This Agreement shall be in effect from the date stated in the first paragraph of this Agreement, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Fabricator by City, whichever is later. 3.2. Duration. The services to be required of the Fabricator set forth in Article 1 shall be completed in accordance with the schedule for completion of the Work as proposed by the Fabricator and approved by the City pursuant to Section 1.2.b.; provided, however, such time limits may be extended or otherwise modified by written agreement between the Fabricator and the City. 3.3. Early Completion of the Work. The Fabricator shall bear any transportation and storage charges incurred from the completion of the services prior to the time provided in the schedule for pickup by the City. 3.4. Time Extensions; Force Majeure. The City or the Fabricator, as appropriate, shall grant a reasonable extension of time to the other party if conditions beyond the parties' control or Acts of God, flood, riot, civil insurrection, labor strikes, or orders of local or federal government render timely performance of the parties' services impossible or unexpectedly burdensome. The party suffering the impossibility or burdensome conditions must inform the other in writing within ten (10) days of the onset of such performance delay, specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control shall not be considered a breach of this Agreement; provided, however, that such obligations shall be suspended only for the duration of such c "� 6 ARTICLE 4 WARRANTIES 4.1 Warranties of Title. The Fabricator represents and warrants that: (a) the Fabricator makes no claim on the copyright of the Work; (b) the Fabricator waives any rights under the Visual Artists' Rights Act(VARA); (c) the Work is free and clear of any liens from any source whatsoever; (d) the Fabricator has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and (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. 4.2 Warranties of Quality and Condition. (a) Fabricator represents and warrants that all work will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of"inherent vice," or qualities that cause or accelerate deterioration of the Work) for one year after the date of Final Acceptance. (b) Fabricator represents and warrants that the Work and the materials used are not currently known to be harmful to public health and safety. (c) If within one year City observes any breach of warranty described in this Section 4.2 that is curable by the Fabricator, the Fabricator shall, at the request of the City, cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to City. City shall give notice to Fabricator of such breach with reasonable promptness. (d) If within one year City observes any breach of warranty described in this Section 4.2 that is not curable by the Fabricator, Fabricator is responsible for reimbursing City for damages, expenses and loss incurred by City as a result of the breach. However, if Fabricator disclosed the risk of this breach to the City in writing during the term of this Agreement and City accepted in writing that it may occur, it shall not be deemed a breach for purposes of this Section 4.2. (e) Acceptable Standard of Display. Fabricator represents and warrants that: 1 ' i. general routine cleaning and repair of the Work and any associated working parts and/or equipment will maintain the Work within an acceptable standard of public display; ii. foreseeable exposure to the elements and general wear and tear will cause the Work to experience only minor repairable damages and will not cause the Work to fall below an acceptable standard of public display; iii. with general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Work will not experience irreparable conditions that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling; and iv. to the extent the Work incorporates products covered by a manufacturer's warranty, Fabricator shall provide copies of such warranties to City. The foregoing warranties are conditional, and shall be voided by the failure of City to maintain the Work in accordance with Fabricator's specifications and the applicable conservation standards. 4.3 These representations and warranties shall survive the termination or other extinction of this Agreement. ARTICLE 5 INSURANCE AND INDEMNITY 5.1. General. The Fabricator shall carry insurance as set out in Exhibit "D". Except as provided in Section 1.5 hereof, the risk of damage to or loss of the Work shall, during fabrication and installation but prior to Final Acceptance, shall be solely that of the Fabricator. This risk shall transfer to the City and shall no longer be the responsibility of the Fabricator upon Final Acceptance. ate.�MTV ,,°�•-' �p q' 8 5.2. Performance Bonds. The Fabricator shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. 5.3. Indemnity. (a) FABRICATOR 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 FABRICATOR 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. FABRICATOR 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 FABRICATOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. (b) FABRICATOR 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 FABRICATOR IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. (c) Fabricator shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. (d) This indemnification in Section 5.3 shall survive the termination or expiration of this Agreement. 9 ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1. Title. Title to the Work shall pass to City upon Final Acceptance and payment for the Work. 6.2 Copyright Ownership. Fabricator acknowledges and agrees that Lead Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of the Work for the duration of the copyright. ARTICLE 7 FABRICATOR AS AN INDEPENDENT CONTRACTOR Fabricator shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Fabricator shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Fabricator, his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between City and Fabricator. ARTICLE 8 SUBCONTRACTING The Fabricator may not subcontract portions of the services to be provided hereunder. ARTICLE 9 TERMINATION 9.1. Gratuities. The City may cancel this Agreement if it is found that gratuities in the form of ent in otherwise were offered or given by the Fabricator or any agent or P-NWt t. City official or employee with a view toward securing favorable a � treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. In the event this Agreement is canceled by the City, pursuant to this Section 9.1, the City shall be entitled, in addition to any other rights and remedies, to recover from the Fabricator a sum equal in amount to the cost incurred by the Fabricator in providing such gratuities. 9.2. Termination for Cause. If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of the intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 9.3. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) days before termination. The notice shall specify whether the termination is for convenience or cause. b. If the termination is for the convenience of the City, the Fabricator shall have the right to an equitable adjustment in the fee (without allowance for anticipated profit on unperformed services), in which event the City shall have the right at its discretion to possession and transfer of title to that portion of the Work already completed and to the sketches, designs and models already prepared and submitted or presented for submission to the City by the Fabricator under this Agreement prior to the date of termination. C. If termination is for the convenience of the Fabricator, the Fabricator shall remit to the City a sum equal to all payments (if any) made to the Fabricator pursuant to this Agreement prior to termination. 04 in apacity of Fabricator. In the event of Fabricator's death or o becoming physically or legally incapacitated during the term of this Agreement, the City shall have the right to terminate this Agreement on payment to Fabricator or Fabricator's successors for all work and services performed prior to death or incapacity. ARTICLE 10 EQUAL OPPORTUNITY a. The Fabricator shall not discriminate against any employee or applicant for employment because of disability, familial status, race, color, religion, sex, sexual orientation, or national origin. The Fabricator shall take affirmative action to ensure that employees are treated equally during employment, without regard to their disability, familial status, race, color, religion, sex, sexual orientation and national origin. Such action shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment or pay or other forms of compensations, and selection for training, including apprenticeship. b. The Fabricator shall state in all solicitation or advertisements for employment placed by or on behalf of the Fabricator that all qualified applicants shall receive consideration for employment without regard to disability, familial status, race, color, religion, sex, sexual orientation, or national origin. C. The Fabricator shall furnish all information and reports requested by the 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 the Fabricator's noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and the Fabricator may be debarred from further agreements with the City. ARTICLE 11 MISCELLANEOUS I L L Compliance. The Fabricator shall be required to comply with Federal, State and City statutes, ordinances and regulations application to the performance of the Work under this Agreement. a. 1C�L1'i�!C 12 11.2 Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11.3. Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of the City. 11.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 11.5. Governing Law and Venue. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any litigation arising from this Agreement shall be in Tarrant County, Texas. 11.6. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the City and the Fabricator and their respective successors and assigns. 11.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of the City and the Fabricator, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 11.8. 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. r� .. ia� , � ��, 13 11.9. 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. 11.10. 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 Fabricator of written notice of the City's intention to terminate or(ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 11.11. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.12. Surviving Covenants. Excepting Section 5.3 and Section 9.4 of this Agreement, the covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of the Fabricator. 11.13. Right to Audit. The Fabricator agrees that the City will have the right to audit the financial and business records of the Fabricator 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 Fabricator 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 written notice (at least 72 hours) by the City and shall otherwise cooperate fully with the City during any audit. Notwithstanding anything to the contrary herein, this Section 11.13 shall survive expiration or earlier termination of this Agreement. 14 t 11.14. Certified M/WBE. If applicable, Fabricator 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 12 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Libby Watson, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Mike Ficke, Design& Development Superintendent Parks & Community Services Department 4200 South Freeway, Suite 2200 Fort Worth, TX 76115-1499 Martha Peters, Public Art Director Arts Council of Fort Worth& Tarrant County 1300 Gendy Street Fort Worth, TX 76107 15 FABRICATOR Robert Curbello Curbello Designs 5105 Donnelly Avenue Fort Worth, TX 76107 [SIGNATURES APPEAR ON FOLLOWING PAGE.] ,F7 - a ' 4 � 16 IN WITNESS HEREOF, the parties hereto have executed this Agreement to be effective as of the date in the first paragraph of the Agreement. CITY�d FORT WORTH Libby Watson Assistant City Manager Date: /, /9 '0 FABRICATOR _I Robert Curbello Date: Z 2 APPROVED AS TO FORM: ATTESTED BY: Marty Hendrix Assistant City Attorney City Secretary Date: � r Date: 10, Contract Authorization: M&C # G-15251 Dated: June 20, 2006 17 n �L I yc•- (lu R _ 1 A � 1 �r MR do z Y. tv y� 'll ^yT: & dip dP : � z v ' s r�. 1 a e 3 h� - gI e � C� }i �K 7 �I� v t zs 4 I �i r ! 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Name of exempt organization: City of port Worth Texas Sales and Use Tax Permit Flwaaber 1.7S400052S4 Project for which materiah and supplies are puavheacdr s J I understand that-] will be liable flow-payment of sales tax, w1doh may become duce for failure to cornPJy with the provisions of the state. city, andlor metropolitan transit authority sales and use tax laws and comp&ollor r,I,, bases. Liability for the tax will be dctcrotined by the price paid for the taxable p rcl=ed or the fair market rental value for the period of time used. I understand that it is a misdemeanor W give an exemption cetttticata to the seller for taxable items which I know,at the tiaam of the porch see will be used in a manner other than that reopened in this certificate and,upon convicH .nay be finod up to$500 per offense. Tax Exempt Status Due to Being a t;oveintaanta!Entity Purchaser. Ci ofF V4rasth SUva Address= l�ortam CitY.State.Zip Code: F 30 9V T it?2 Sign Here- Date. 3 Phone_ (8171 871-85 1 7 IL K,"416,ut� ti...e. This certificate does not require a member to be valid_ Seines and use tax -exemption numbers"or"tax exempt-numbers do not a xi m This raettifieate should be tiunisbed to the supplier. Do not sendd the completed certificate to the CC.Qenptrollar of Public Aecotmts. 18 Exhibit D: Insurance PUBLIC ARTS PROJECT INSURANCE REQUIREMENTS 1. Commercial General Liability (CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include but not be limited to the following: premises operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, be as comprehensive as the current Insurance Services Office (ISO)policy. 2. Automobile Liability $1,000,000 Each accident or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 3. For Artists/Contractors who have employ: Workers' Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Bodily Injury/Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee 19 GENERAL POLICY REQUIREMENTS • The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured. Exception: the additional insured requirement does not apply to Workers' Compensation policies • Forty-five (45) days notice of cancellation or non-renewal. Example: "This insurance shall not be canceled, limited in scope or coverage, cancelled or non-renewed, until after forty-five (45) days prior written notice has been given to the City of Fort Worth." • Waiver of rights of recovery(subrogation) in favor of the City of Fort Worth. • The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. • If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. �asis". Unless otherwise stated, all required insurance shall be written on the "occurrence If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. • The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must also approved by the City's Risk Manager. • The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide ninety days notice of any such change. 20 • The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. 21 Exhibit E: Technical and Maintenance Record FABRICATOR INFORMATION SHEET LOCATION: FABRICATOR: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CELL: EMAIL: GALLERY/REPRESENTATIVE: TITLE OF WORK: DESCRIPTION OF ARTWORK(attach if necessary): MEDIUM OR MATERIAL (list specific product information if relevant): EDITION INFORMATION: DATE AND PLACE EXECUTED: INSTALLATION DATE: LOCATION OF ARTWORK AT SITE (attach architectural plans if available): COLLABORATING ARTIST: ARTIST: 22 TITLE: FABRICATOR ADDRESS: LOCATION AND DESCRIPTION OF SIGNATURE MARKS (or copyright): DIMENSIONS (in inches): Artwork(without frame, mat, or pedestal): Height Width Frame: Height Width Depth Aprox. Wt. SPECIAL METHODS /MATERIALS UTILIZED IN EXECUTION OF ARTWORK: A. MATERIAL (type, brand name, manufacturer): B. FRAMING MATERIALS AND/ OR CONSTRUCTION METHOD: C. MATERIAL THICKNESS (gauge): D. WELDING OR JOINTING METHOD: E. WELDING ROD ALLOY OR JOINT MATERIAL: F. CASTING ALLOY, WAX BODY, GLASS OR FIBER TYPE G. MATERIAL FINISH (paint color and type, glaze, sanding grit, patina, fixative coatings, etc.) H. FOUNDATION/INSTALLATION METHOD (bolt/pin size, adhesive) ARTIST: TITLE: 23 c I. YEARLY MAINTENANCE AND CARE OF ARTWORK: J. ROUTINE MAINTENANCE: K. INTENTION RELATING TO ARTWORK OVER TIME (patina, etc. To what surface should the work be cleaned?): L. PLACEMENT OF ARTWORK (cautions regarding sunlight, heat, etc.): M. CONSERVATION CONSULTANT: ADDRESS: PHONE: 24 I f- EXHIBIT F —SCHEDULE Upon receipt of first payment by Fabricator, the following schedule shall be followed: START 2 weeks PDE Elements for Como Community Park completed end of 3`d week PDE Elements for Tandy Hills Park completed end of 5t"week PDE Elements for Handley Park completed end of 7 1 week PDE Elements for Summerfields/Chisholm Park end of 8t" week 25 ►` a Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication :�.�.•,:!=z .. ,<;=� ,:•xar^ar.:,.::rn.s��:max.-,..a wa_, °.;:�.=,x+ x w,esv�tee..,.r.: .rv,...x amass±a!�� ;�:.si?'�txur:cx. � v., .,.-.+°^ ;,*Kz±,rr-». „.�� :°��:.,;. COUNCIL ACTION: Approved on 6/20/2006 DATE: Tuesday, June 20, 2006 LOG NAME: 80DESIGN REFERENCE NO.: G-15251 SUBJECT: Authorization to Implement the Parks Design Enhancement Catalog in Accordance with the Long Range Public Art Plan for the 2004 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council authorize the Parks Design Enhancement Catalog for implementation at sites identified in the Long Range Public Art Plan for the 2004 Capital Improvement Program. DISCUSSION: The 2004 Capital Improvement Program provided for a 2% funding set aside for public art, of which an estimated $425,000 will go towards Parks and Community Services Department (PACSD) capital projects. In the spring of 2004, PACSD staff, along with Martha Peters, Public Arts Director of the Arts Council of Fort Worth, collaboratively formulated an implementation strategy of concentrating public art design enhancements at playground areas and reserve park sites and trails. These facilities contain numerous amenity elements which lend themselves to design enhancements. Such enhancements would be accomplished in a broad sense through the development of a design catalog reflecting different themes that could be incorporated into the specific park amenities noted above. The particular theme would be selected by the neighborhood at specific project public meetings. It was determined that this strategy would be best accomplished through the implementation of a "Design Enhancement Artist-In—Residence" Team. This "Artist-In-Residence" approach allowed the artist to work directly with PACSD project managers to develop design themes for typical park amenities. Artist interviews were conducted in October 2004 with Benito Huerta selected to serve as the "Artist-In- Residence" and put under contract upon City Council authorization on January 18, 2005 (M&C C- 20493). Mr. Huerta put together a design team consisting of Etty Horowitz, Billy Hassell and himself. Beginning in January 2005 through October 2005, numerous meetings were held between the "Artist-In-Residence Design Team, Ms. Peters and PACSD staff to formulate four distinct design themes; (1) Nature (2) Free form (3) Western (4) Geometric and identified specific park amenities for enhancement (picnic tables, benches, trash receptacles, shelters, railings and trail treatment). Upon substantial completion of the themes and specific amenity enhancements, a public presentation was held at the Fort Worth Community Arts Center on November 16, 2005 in which favorable responses were received. The artists' renderings and models were also included in the Fort Worth Public Art exhibition entitled, "...public art in progress..." during December 2005 — January 2006 at the Fort Worth Community Arts Center with public comment sheets available in the gallery. Fort Worth Public Art advertised the exhibition and request for public comment via its Web site (www.fwpublicart.org) and its semi-monthly newsletter, as well as press releases and flyers distributed to parks facilities and public libraries. The Artist In Residence presented the design enhancement themes and designs to both the Fort Worth Art Commission and the Park and Community Services Advisory Board (PACSAB) in early 2006. On February httn://www.fortworth2ov.or2/council packet/Reports/mc print.asp 12/14/2007 4, Page 2 of 2 13, 2006, the Fort Worth Art Commission endorsed them. Staff presented the proposed Design Enhancement Catalog to the Park Board who voted in support of the themes and Design Enhancements at their March 21, 2006 meeting and requested staff to begin implementation at four sites and return to the Board with a briefing on the public input process and acceptance of the design themes. On April 13, 2006, the Fort Worth Art Commission concurred with the Parks Board's recommendation for implementation strategy. Staff has selected playground renovations at Como Community Center, George Markos Park and Handley Park and reserve park development at Summerfields/Chisholm Park. The sites are currently in design. They are dispersed geographically and are culturally diverse. After briefing the PACSAB on the process of implementation at these four sites, staff will move forward with implementation at the remaining sites as identified in the Long Range Public Art Plan for the 2004 Capital Improvement Program. This is a Citywide project. FISCAL INFORMATION/CERTIFI-CATION: The Finance Director certifies that this action will have no material effect on City Funds. TO Fund/Account/Centers FROM Fund/Account/C_enters Subm_ ifted for City. Manager's Offices Libby Watson (6183) Originating Department Head_ Randle Harwood (Acting) (5704) Additional Information Contact: Harold Pitchford (Acting) (5728) httn-//www_fortworthgov.orii/council Dacket/Revorts/mc print.asp 12/14/2007