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HomeMy WebLinkAboutContract 45792 CITY CONTRACT NO, SITE PREPARATION FOR ARTWORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE FAIN GROUP, INC. This Agreement is entered into by and between the City of Fort Worth, a Texas home-rule municipal corporation, acting by and through Fernando Costa, its duly authorized Assistant City Manager ("City"), and the Fain Group, Inc. ("Contractor"). The City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act i through its designated Public Art project manager. 1 WHEREAS, City has acquired the Tabachin Ribbon ("Artwork"), to be installed at the Public I Safety Plaza located in downtown Fort Worth; and r r WHEREAS, City has set aside funds to implement site work at the Plaza, including construction of an engineered footing for the Artwork and installation of lighting and restoration of the plaza paving ("Site Preparation") from the Public Art Fund (Specially Funded Capital Projects Fund) included in the r I Fiscal Year 2014 Annual Work Plan and Budget, adopted by the Fort Worth City Council on November 12, 2013 (M&C C-26557); and WHEREAS, City-has engaged Unified Fine Arts Services, L.L.C. ("Installation Contractor") to Of transport and install the Artwork on the prepared site/footing; and WHEREAS, the Contractor was contracted by City (City Secretary Number 40241) to perform certain construction services on Hyde Park Transit Plaza and the Public Safety Plaza and has knowledge of location and construction of existing infrastructure on the Plaza including,but not limited to,the Public Safety Building basement and various utilities; and WHEREAS, City desires to engage Contractor to perform Site Preparation at the Site to allow Installation Contractor to complete its installation; and d WHEREAS, City and Contractor wish to set out the terms and conditions under which said Site t Preparation shall be completed; „ u RECEIVED JUL A ` Artwork Site Preparation Agreement Vut(" ^ "^"gip fqH �rx Y Between the City of Fort Worth and The Fain Group,Inc. Page 1 of 37 i NOW, THEREFORE, City and Contractor, for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows: ARTICLE 1 DEFINITIONS If not defined above,the following terms shall have the meanings as set forth below: 1.1. Agreement—Means and includes this Agreement between the City of Fort Worth and the Fain Group, Inc. for Site Preparation services for placement/installation of the Artwork by the Installation Contractor. 1.2. Artwork—Means the artwork titled Tabachin Ribbon,which is a bright yellow, 13 foot diameter painted metal sculpture by Yvonne Domenge, more particularly described in Exhibit "A," attached hereto and incorporated herein by reference for all purposes. 1.3. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., and/or its officers, directors, employees, agents, subsidiary organizations, parent organization, successor corporations,assigns,predecessors,stockholders,administrators,and related companies. 1.4. City — Means and includes the City of Fort Worth, Texas and its officers, representatives, agents,servants,and employees. 1.5. Deliverables —Means and includes those items set forth in Article 2 of this Agreement that Contractor is required to construct to prepare the Site for installation of the Artwork. 1.6 Days — Means and includes that all days identified in this Agreement shall mean "Calendar Days." 1.7. Effective Date — Means and includes the date this Agreement is executed by the City Manager or designee. 1.8. Final Acceptance - Means City's written acknowledgement to Contractor that all services required of the Contractor have been completed in conformity with the terms of this Agreement. 1.9. Installation Contractor—Means and includes Unified Fine Art Services, Inc. and/or partners, members, managing members, officers, managers, proprietors, directors, employees, representatives, Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 2 of 37 agents, subsidiary organizations, parent organizations, successor entities, assigns, predecessors, stockholders,administrators,subartists,contractors, and related companies. 1.10. Site Preparation Design—Means and includes stamped engineered drawings of the footings, lighting specifications and installation documents and plaza paving restoration documents detailing the necessary alterations to the Artwork, the Site plan, and any other documents required by City for proper installation of the Artwork at the Site. Exhibits"B"and "C"reflect the design engineer's intent. 1.11. Parties—Means and includes City and Contractor. 1.12. Project — Means and includes the design and construction work that is the subject of this Agreement and is to be performed on the site. 1.13. Schedule - Means and includes a written plan of procedure for completion of site preparation for the Artwork, including,but not limited to,the submission of progress reports. 1.14. Site — Means and includes the Public Safety Plaza, located at 1000 Throckmorton and adjacent to Hyde Park and the City's Municipal Building in Fort Worth,Texas,which is more particularly described on Exhibit"D,"attached hereto and incorporated herein by reference for all purposes. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Scope of Services. a. Contractor shall perform all services and will furnish all supplies, materials, and equipment in accordance with the Contractor's Proposal dated February 27, 2014, and subsequently amended on July 11, 2014 at the City's request, which is attached herteto as Exhibit `B" and incorporated herein for all purposes and which shall include, but not be limited to, all labor, materials, travel, services, and any other items required to complete the services for this Project. All services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Contractor shall furnish the Site Preparation Design and the Project's Baseline Schedule to the Contract Manager within thirty (30) calendar days after the Effective Date. After written Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 3 of 37 approval of the Site Preparation Design and the Schedule by City,Contractor shall commence the Project in accordance with such Schedule. Prior to commencing any work, the contractor shall examine the actual Artwork to ensure that the proposed footing and lighting locations and designs can be achieved in the field. Schedule changes may only be accomplished by written agreement between Contractor and City. i. Contractor shall review and incorporate the City's proposed Footing and Lighting Design(s) (Exhibits B&C) into the Site Preparation Design. Contractor shall notify the Contract Manager, in writing, for further review and approval, if changes are proposed in the scope, design, size, or material of the Footing and/or Lighting Designs. The City shall review and approve any changes to the Footing and Lighting Design. If any disputes arise thereafter,the Parties shall first attempt to resolve those disputes in accordance with the dispute resolution process set forth in Article 10 of this Agreement. ii. Contractor shall not be responsible for the actual installation of the Artwork, however, the Contractor shall coordinate with the Installation Contractor to determine correct installation points and fittings for the sculpture in advance of the Site Preparation Design and implementation of the footing and include those specifications in Site Preparation Design for the City's review and approval. C. Contractor, upon request of Contract Manager, shall attend meetings with appropriate City staff and Installation Contractor for purposes of risk assessment, safety review, coordination of site preparation for the Artwork, and permitting. The coordination meetings shall be subsidiary to the project. d. Contractor is responsible for obtaining and paying for all necessary permits. e. Contractor shall commence the Project on dates and times mutually agreed upon by the Contractor and the City. f. City and/or Contract Manager shall have the right to review/inspect the Project during its implementation. Contractor shall provide a written monthly progress report detailing the progress Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 4 of 37 made toward completion of the Project and the remainder of work to be done to complete the Proj ect. g. Contractor, individually and through its subcontractors shall take all necessary precautions to protect and preserve the integrity and finish of abutting plaza paving at the Site. Contractor shall fully protect nearby utilities and any subsurface structures located in the Plaza area. If City determines, in its sole discretion, that Contractor or Contractor's subcontractors have damaged the Site, then City shall inform Contractor, in writing, of the damage. Contractor, at its own expense, shall have thirty (30) days from receipt of City's written notice to repair the damage to the Site to the satisfaction of City. If Contractor fails to repair the damages to the satisfaction of City within thirty(30) days after receipt of the notice,or within a deadline otherwise agreed to by the Parties, then City shall have the right to deduct the cost of repairs from any remaining payment due to Contractor under this Agreement, or seek repairs through the Contractor's bonding company, which shall be in addition to any and all other rights and remedies available to City at law or in equity. 2.2. City Assistance. Upon request by Artist, Contractor shall promptly furnish all information and materials required by Contractor to the extent that such materials are available. City, upon request by Contractor, shall also provide correct scaled drawings of the Site, if available. 2.3. Post-Construction Site Review. a. Upon completion of the Project, Contractor shall meet with the Contract Manager and City to review the Project at a date and time mutually agreed upon. b. City may require Contractor to make such revisions to the Project as necessary to comply with applicable statutes, ordinances, codes, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security or as the City deems necessary in its sole discretion. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 5 of 37 2.4 Artwork Delivery and Installation. a. Contractor will be available on the day of Installation to assist Installation Contractor should installation points and fittings require adjustments. b. Installation Contractor shall be responsible for all costs associated with the delivery and installation of the Artwork to the Site. Contractor shall not be responsible for costs associated with the installation of the Artwork, except as may be necessary to adjust the site fitting points to accommodate the final placement of the Artwork. 2.5 Project Post-installation. a. Within thirty(30)calendar days after the installation of the Project,Contractor shall furnish City with comprehensive as-built drawings detailing all elements of the finished Project. b. Contractor shall furnish City with high-resolution digital images (.tiff format) showing the Project,including detail shots of the back of all of the footings before and after installation. 2.6 Final Acceptance. a. Contractor shall notify City and Contract Manager, in writing, when all services required have been completed in conformance with the Site Preparation Plan and intent of the project. Included in such notice from Contractor shall be an affidavit, attached hereto as Exhibit "F" (Affidavit of Bills Paid), certifying that all bills relating to services or supplies used in the performance of this Agreement have been paid. b. A final inspection shall be conducted by the City and any outstanding items requiring the Contractor's attention shall be noted in a written punch list. The Contractor shall have ten (10) calendar days to correct deficient or missing work elements. C. City shall notify Contractor, in writing,of its Final Acceptance of the Project. d. Final Acceptance shall be effective as of the earlier to occur of(1)the date of City's notification of Final Acceptance; or, (2) the 35th day after Contractor has sent the written notice to City required under Article 2.6.a. unless City,upon receipt of such notice and prior to the expiration of Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 6 of 37 the 35-day period, gives Contractor written notice specifying and describing anything that has not been completed pursuant to this Agreement. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE FOR SERVICES PROVIDED TO CITY 3.1. Compensation. City shall pay Contractor THIRTY FIVE THOUSAND EIGHT HUNDRED AND EIGHTY FIVE DOLLARS AND NO CENTS ($35,885.00) or all costs associated with the services to be performed and materials to be furnished by Contractor under this Agreement, including, but not limited to, materials, labor,construction,insurance,incidental costs,and any other costs associated with this Agreement. City will pay Contractor the above referenced amount within thirty-five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of supplies and services rendered to Contractor (see Article 2.6). Payment by the City shall represent full and final, non- refundable payment for all services and material provided prior to the due date thereof. 3.2. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. City shall supply Contractor with the"Texas Certificate of Exemption,"attached hereto and made apart hereof for all purposes as Exhibit "G" for use by Contractor in the fulfillment of this Agreement. 3.3. Contractor's Expenses. Contractor 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 City and/or Contract Manager, cost of all travel, and costs for Contractor's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TIME OF PERFORMANCE 4.1. Tenn. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 7 of 37 This Agreement shall be in effect from the Effective Date, and,unless terminated earlier pursuant to such provisions in this Agreement,shall extend until final payment to Contractor by City. 4.2. Duration. The services to be required of Contractor set forth in this Agreement shall be completed in sixty (60) calendar days in accordance with the Schedule; provided, however, such time limits may be extended or otherwise modified by written agreement between Contractor and City. 4.3. Time Extensions; Force Majeure. City or Contractor, 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 burdensome conditions must inform the other in writing within ten (10) business days of the onset of such performance delay, specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control shall not be considered a breach of this Agreement; provided,however,that such obligations shall be suspended only for the duration of such conditions. ARTICLE 5 WARRANTIES 5.1 Warranties of Quality and Condition a. Contractor 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,but not limited to, any defects consisting of"inherent vice,"or qualities that cause or accelerate deterioration of the Artwork) for one year after the date of Final Acceptance. b. If, within one year after Final Acceptance, City observes any breach of warranty that is curable by Contractor, City shall give written notice to Contractor of such breach with reasonable promptness. Contractor shall, at the request of City, cure the breach Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 8 of 37 satisfactorily and consistent with professional construction standards, including, but not limited to, any standards set forth by City, within thirty (30) days after receipt of the written notice, at no expense to City. C. If, within one year after Final Acceptance, City observes any breach of warranty that is not curable by Contractor, Contractor is responsible for reimbursing City for damages, expenses, and losses incurred by City as a result of the breach. However, if Contractor disclosed the risk of this breach in writing and City accepted that it may occur, it shall not be deemed a breach for purposes of this Article. 5.2 Survival of Representations and Warranties The representations and warranties in this Article 5 shall survive the termination or other extinction of this Agreement. ARTICLE 6 INSURANCE AND INDEMNITY 6.1. General. Contractor shall carry insurance as set forth in Exhibit "H," which is attached hereto and incorporated herein for all purposes. Evidence of required insurance shall be submitted to the Contract Manager prior to beginning work at the Site. Evidence of subsequent renewals of said insurance is required until City has issued Contractor a notice of Final Acceptance after installation and completion of the site preparation. 6.2. Performance Bonds. Contractor shall post a performance bond. See Exhibit"I"for the Performance Bond document. 6.3 Indemnity. a. General Indemnity i. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS,AND DEFEND,AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 9 of 37 ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE NEGLIGENT ACT, ERROR, OR OMMISSION OF CONTRACTOR AND/OR CONTRACTOR'S SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES,DIRECTORS,MEMBERS,PARTNERS,AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE,OR NONPERFORMANCE OF THIS AGREEMENT. ii. Contractor agrees to and shall release City of and from any and all claims, demands, debts, liens, costs, defects, expenses, actions, and causes of action of whatsoever kind or character arising out of, related to, or resulting from this Agreement and/or Contractor's performance under this Agreement, including, but not limited to, any and all claims for property damage, property loss,and/or injury,including,but not limited,to death. iii. Contractor 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. b. Survival All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 10 of 37 ARTICLE 7 CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Contractor 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 Contractor, its officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between City and Contractor. ARTICLE 8 SUBCONTRACTING Contractor may subcontract portions of the services to be provided hereunder at Contractor's expense, provided that said subcontracting shall not adversely affect the design, appearance, or quality of the site preparation or Site. Any subcontract entered into under this Agreement shall be expressly subject to the applicable terms of this Agreement, including, but not limited to, all indemnification and release provisions. Contractor shall provide information regarding all subcontractors to the Contract Manager. ARTICLE 9 TERMINATION 9.1 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, specifying the grounds for termination. b. If the termination is for the convenience of City, City shall pay Contractor for services actually rendered up to the effective date of termination and Contractor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. 9.2. Termination for Cause. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 11 of 37 If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes in accordance with the dispute resolution process set forth in Article 10 of this Agreement. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written "Notice of Termination" specifying the grounds for termination. Termination of this Agreement 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. ARTICLE 10 DISPUTE RESOLUTION If either Contractor or City has a claim, dispute, or other matter in question for breach of duty, obligations,services rendered or any warranty that arises under this Agreement,the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten(10) business days of receipt of the notice,both parties shall make a good faith effort,either through email,mail,phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of,or in connection with this Agreement. If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute, then the Parties may submit the matter to non-binding mediation upon written consent of the authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code,then in effect. Request for mediation shall be in writing, and shall request that the mediation commence not less than fifteen (15) or more than forty-five (45) calendar days following the date of request, except upon Agreement of the Parties. In the event City and Contractor are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty(30) calendar days following the date of the request for mediation, then all the Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 12 of 37 conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County,Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. ARTICLE 11 EQUAL OPPORTUNITY a. Contractor shall not discriminate against any employee or applicant for employment because of age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Contractor 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, familial status, transgender, gender identity, or gender expression. 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, but not limited to, apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by City setting forth the provision of this nondiscrimination clause. b. Contractor shall, in all solicitation or advertisements for employment placed on or on behalf of Contractor pursuant to this Agreement, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, national origin,familial status, transgender,gender identity,or gender expression. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 13 of 37 C. Contractor shall furnish all inforrnation 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 Contractor noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled,terminated, or suspended in witole or in part. ARTICLE 12 MISCELLANEOUS 12.1. Compliance. Contractor shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the performance of Contractor's services under this Agreement. 12.2. 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. 12.3. Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 12.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 12.5. 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 Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 14 of 37 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. 12.6. 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 City and Contractor and its respective successors and permitted assigns. 12.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Contractor,and any lawful successor or assign,and are not intended to create any rights, contractual or otherwise,to any other person or entity. 12.8 Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 12.9. Contract Construction. The Parties acknowledge that each 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. 12.10. Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to or rescinds appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery by City to Artist of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 12.11. Captions. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 15 of 37 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 12.12. Right to Audit. Contractor agrees that City will have the right to audit the financial and business records of Contractor at any time during the Tenn 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, Contractor shall make all Records available to City at 1000 Throckmorton Street, Fort Worth, Texas or at another location acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. Notwithstanding anything to the contrary herein,this Article 12.14 shall survive expiration or earlier termination of this Agreement. 12.13 Survival Provision The provisions contained in Articles 5 (Warranties), 6(Indemnity provision), and 7 (Contractor as Independent Contractor) shall survive the termination or expiration of this Agreement. 12.14 Public Information Act Contractor understands and acknowledges that City is a public entity under the laws of the State of Texas and, as such, all documents held by City are subject to disclosure under Chapter 552 of the Texas Government Code. If City is required to disclose any documents that may reveal any of Contractor's Proprietary Information to third parties under the Texas Government Code, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, City will notify Contractor prior to disclosure of such documents, and give Contractor the opportunity to submit reasons for objections to disclosure. City agrees to restrict access to Contractor's infonnation to those persons within its organization who have a need to know for purposes of management of this Agreement. City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. City will use its best efforts to secure and protect Contractor's information in the same manner and to the same degree it protects its own proprietary information; however, City does not guarantee that any information deemed proprietary by Contractor Artwork Site Preparation Agreement Between the City of Foil Worth and The Fain Group,Inc. Page 16 of 37 will be protected from public disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of three(3) years after the expiration of this Agreement. 12.15. Counterparts and Electronic SijZnatures This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A..signature received, via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 12.16. Time Extensions - The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. ARTICLE 13 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail,return receipt requested,postage prepaid, as follows: 1. CITY OF FORT WORTH: Fernando Costa,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street,Third Floor Fort Worth,Texas 76102 Copies to: Sarah Fullenwider, City Attorney Office of the City Attorney City of Fort Worth 1000 Throckmorton Street,Third Floor Fort Worth,Texas 76102 Martha Peters,Vice President,Public Art Arts Council of Fort Worth&Tarrant County 1300 Gendy Street Fort Worth,Texas 76107 2. Contractor The Fain Group,Inc. 1616 N Sylvania Ave,Fort Worth,76111 Fort Worth,Texas ZIP Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 17 of 37 IN WITNESS WHEREOF, the Parties hereto have each executed this Agreement as to be effective as of the date subscribed by the City Manager or designee. CITY OF FORT WORTH CONTRACTOR ' by: Fernando Costa Assistant City Manager Date: Date: �~ APPROVED AS TO FORM AND LEGALITY: 0 K�2' k' Doug Black Assistant City Attorney ATTESTED BY: Mary J. Kayqpt City Secretary Contract Authorization: M&C#C-26776 Date: 5-6-14 Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 18 of 37 £IhIhk A: The Artwork ON � ® > ( . � , . . . . , ( ) ) ) � ( ( Tabachin Ribbon, Yvonne Dom n c ) ( ( � } ( ) ) ( ( Artwork Site Preparation Agreement } Between the City o Fort Worth and The Fain Group, Inc. P7 19 o37 ) Exhibit B: Artwork Footing Design (1/2) N) % ;A X" 2' gl; Qmm 9 dppL ED ii HST Y �i Elevation View Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 20 of 37 Exhibit a: Artwork#006#2 Design (2/2) \\� ' / / r q {! } � § � i \ \ : r----------------- ----------------, # � i | ' | . §• [ ] | *i 9§ � � ( i | � ------------- ---- —.----_—,. ( ( } ( ( ( =w Plan View ( Artwork Site Preparation Agree_a ( Between the City o Fort Worth and The Fain Group, Inc. } Page 2oa7 Exhibit C: Artwork Lighting Design Plan View a. 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Page 22 of 37 Exhibit C: Artwork Lighting Design Fixture Specifications (1/2) o �P�ecislnn2 HP2 .a>,�c�•rn PROJECT: tni'Orat Driver +` TYPE CATALOG NUMBER LAMP(SY NOTES CATALOG NUMBER LOGIC HP2 I LED TR F-1 E] F-1 F-1 Example HP2 - LED - TR x22 - SP - SAP 10111 D15 - MT - AN Material__j I I I Blank -Aluminum B- &ass 5- StaiM—St-1 Faceplate HP2 -Flush Optil-ocke LED -T('h"Wu with Cold Ft-pk-Tedmdcgy Housing TIT -Int-11.1-9 LED Type a21 -ISWLED/2700K x22 -15WLED73000K x23 - 15WLED/4WK Optics SP -Spa(20') FL -fl-d(40) WFL -WideFl M(60 Finish Aluminum&Brass Facepmtes Bnzs Famplates Premium Finish Ponder Coat tobr Sao. W,inkk Machined hiAt p8p Ampv Omss tbxds CMG Caxade MawanGmme TING Pk,t:vunainGmnde Brorae BZP TIM Wtified POL AMG AI-- ia,TAnmtan G— CPA Crzl:edke SDS 5onomnC—Sardnaw_ Blade BLP BLW ntaJgse•' MI! AOW Anep,e Yfhrce CRM C— SAG 51amtA—"'rmme White(@os) y(Hp y/({V/ Stainless Fxeplates 8{M FkcAChrmm HUG H—G— TXF T--d Faa, -chlned MAC dlomir„m SAP — BGE B°-*3e AIDS IAoja,<L>°s=vt Sarh,em WCP W®,ham{WPer Fbllshad POL Verde — VER E h BpU Opp Brnemps—poroder NIP ITs-1 Bass Pond' Will \Yeadwei Iron CAP Ckardrod-dp-d. OCP csdC.;- UvsnlalkinRA!Fn:lvs sce:utmadsut-la»m Accessory 5dect up to 1.ReWf-AttesswyHdder. f 10 -:plead Lens 11 -H.;,ney<omh Ratr4e 12 -S&F—L— 13 -Redihrea,L-s Driver Type 1315 -iSW D,ivaa,:r.dMmr,l) D15114C -15W DimmingDriYer Seruurihfrvarkfa�sOMn•a/• •rrr�aq Input Voltage 120 .t20VACirput>4.,u,AOtRG'Cor/rl MT -110-277VACIrput Option AN -Aae—yHoldatkm,mxI,. --!,v HD -HaNDome` TC -Trcdion Corboi Lensak,4 sno6b,i DG -Dcme Glass Lensrc;4a:n Oms. RG -P,Od:Guard• wr01re a>EA RO -Rak Guasd,,th CTAtic i 0"Nr q' GS -Glare Shield' Yvv.5m1 h<M:�afa-dvml+vn.fnA,bM.J,F¢yi.^k P?n'olwe hGu4M. DRIVER ELECTRICAL DATA TYPE AC INPUT Frequency DIMMING POWER THO OPER AMBIENT DIMMER TYPE DIMMER RANGE RANGE Hz FACTOR- TEMPERATURE D15 120277 501&0 NO >0.90 S20A -3(PC-6" — — DISINC 120 50,"M YES >0.90 <_20% -awC-00`C 11—d—m 10-100Y LM79 DATA L70 DATA OPTICAL DATA BK No. CCT . Coto,C—Istency Input Watts(TyP.J Minimum Rath U/e(W.)(TyP,) (Re.TYPE 70%a INtUI lunums(LTa Beam Type Angle 111 2700K >80 x40K i5 50,000 3pU 20' ,22 amox >80 x50K is 50,000 Flood 4W A23 4000K >80 z70K 15 50,000 Wide Flood GO- 4, d K L 1 C HTI N G x0429&ic4, d Ome•Madera.CA 93636•USA SUBMITTALOATE DRAINING NUMBER 559.43a5—•FAx 559.438-Ti 00 Yn„v.nai0neny.�n,•iHoQbdightl g.com I-23-14 SUB-1129-00 itlG 0.�:Ukfai Cl%IT0.n$Rot-6pFTAP/IRTCaXNTCiI CF k!(Lk]Rdo-S,IB:.A,� ITS PP_81T iR NS:ESSfip CUES u01 CCkNEY ARY HWS TO{YifdrUCF,G3:lCt.E ITSCOMHITS,CN i0 WNUFACIUTE,USEOR`_al AKi1HtKKi R MRY [d:i FPF.k60.d,Yi'Y-a1,[Y'X LL13UCECYt U�waucul SDFaC YRInFH AU11Y_OCAT CN CE Batl16H1RYu,KK.G RRdTLY TCQpCd41 Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 23 of 37 Exhibit C: Artwork Lighting Design Fixture Specifications (2/2) o uiecisfnn1 Hp2 'rl�i`.�...�,r?�r„�..,evc.,•n PRO;ER• integral Driver ,YPE: SIDE VIEW FACEPLATE 0 T Dta. 78mm) -----Mii d 118'Dla ttt r//// tO 112" (103mm) ////,r (t2mm) t�.31g i i/// �(10mm) \// �—r-�%' CPC DETAIL � F-7114'Dia /f 10'ma. (184m m) (254rnm) (368mm) � �(2Smm) Patented Stabdity Flange � Patented Hydro-Lock- BOTTOM VIEW -Ban ier Elate �• ASSembly (ACV'-) Y �4 (102m m) /!/ 2 118' Ir1@1T111 /� (, mm) AB&mo-nmrc cd[a?.alonthi sabrcunlnw nanirol C9HMliahram A!•n'eyov red,i.remora�tirgtN it`[f tgrs. SPECIFICATIONS G—Sooroe I.N61 x" Cobr W9msgement WrterRtabagenkol P.�tal:nlpa:k. <cmpranfs se male frm re.A—j ataoR. C4ht,L,ceNph::tdkirte:Aorkglddiwssrwrp•�(zct naturdwt,iY Self Eta:73Airliyht tarptRCButz tS.EA1.`1.IR&9 rdzd,rauvm (A,suExlued vary raeraNe s erergy,pvo}u:zd onsitz. 63ht.Loma Ymn pho.�x mantacarwe—paiu(t lle HL 9A serial anbxre P�sA+d Anhr—tasatkn W&KV'y zlrmhaYs PqurtvaLk to mranu(a:tver at z,-�d,J lie to znwre<rallaV—Ja �Cip.East ada pretf o>nlvmay a,ceel5 Apg 08371 sta+J�1. cc«iemaG�.(rem cgticdchamter.HyAtwnpz�-eve slireoe tJ'Ary hardlhq. Fa:{ajiry<(<,ta;ot rw chb.+wiFaxagb-AFC,). UP Px—s uni4_rm bzam with.co)x-6tioo uur aro3V.tk&v a fa<ep)e.P�aEd Z"(ek°te:hndz3y p<ttiies(a;I slz wasar d this pa,1a1 inert quaf;f«Grenkurz z(4:a(y and r.y bg eazels•!UCRI(R.4 d�K.+>I61• kerter 4twuar gsMtcn bu ani intanca«mp:swnts Antiaph�n ebaY(s). Conwh wwx.lakllghtiaq<om2grcentcuree(w{ro3rdn reke(AA^'I pe�ents VriGrgj tAnxr3h•:cm1u<ter iatu6ikw. equiemtni:. Optla Inkohar}�Nz OPTKTT'mcddzs permit fete<havzs to c}Atd Leos Fatore Hooshrq diAAlwton. 11igh 11" shxt.eo'f,tempeted If9')xtoAute flA gbst 1— Cor�;ia-(zt omp>s/.e,mad(rv:an hbah strang+h,lhemraG:ma1, Suiatk kfwkcwrzl drweaa�pli:a6:,ns W 3�0XS(lx 9 aA m,W_dp:Tpe;lar canpound.Cots,66xcal,I—elacJant Wuhtioo .,d UV%W-J.(2)h:ltcanerdry,Y3'NPT finale«.dud entres Ir,YyAt,,v A.aWn-«—x to p w(odhr M,(umishtd F—pbu Mh ln(<krut pdugsad(7)!iL+fW,kx l2'or 3t-0'cenivl a'*lm m ..finu,p+mds(crdte(t bmA.Ad6t-nail rn((•nnek. '-Ad,Itr—hnal"IT5 a6minum.1h(5)Nark ails,aPtw, C-0 Dray Wn IW n Guile f r h G> Reuss VG(p kr sunless 4rrl m±untir3 scenx F—jk:A�1i:r,s 6 1,'Ad,In' Paleokd StabiB(ypaege ccm(ihn:z nnh prn)er w3 pre�dbn arol dranaR+raTuaas�nls rcoch€:al5assa Jx+tii,V1°mxhirwvl stab saceL Cwaakah(ee<omp>sda rve{r(�cts in?o nf4SAin subAa"a to Frktbnstal.Ai:n. rehfce:e hwsn39abliy.Inlegrd RERAR ca5f6ssmpSfy nA i»n Fl hh: onto«a:ek k—0106:9cai basses permit usz d 111°P:V Dri.•..A—bly SbtGnd.,(+sr—lu—RcHs ce Omf,15 A.R(h—te-free orduAOrEhlTlnsinpFfy wsti:alpoat>anard kdn3dho mq.Nt R,utewith III NAA,(Jas A,<onsw anal drier.Q0277VAC pre<ess•#nt W waverer ,, b m'amm m cmp,x4m,pix .tzCtP[Ptnl xews ai(hr hwan3 m P"W&aM.n. (mminApm.,V,nput w,l�3e S(Wmz.XM0 Pma W.,,<tiUi to applraR:a cl CW'A•Try p,J,wgx p�wi ho3. Bass i—hcurem,?AY36THD(i—ndat l2(VK(ullbA.OutpAcra- (emprstsa� WampwI—W,uhmdmdkd mNd(inish. Akd.g a:d .<-<—o,ad SW<icul pscle(G:11 win avb rc<—y. 5t-6l ,W- n han,dW m 14 finish. Gv�eras C0-AILa�aanbg az'I.:anve3 Eca W Iles:Y7 and EMC:FCCWFRPad ISChssBo;mpFx,t. (Rrud,wJW hfxmtaix prando-s nuni:al alpslmznt up b IS'f—wadi.PosRkz b:ka:lam asues<y/kdoratati?n, )lmmrcy drvafcc use wlh 4avlad iramlz;(at dimmax Wi 109'k L(stlogz rave. ETLLis�dt,ApSItUL Std d 15.14and Cwt"tc•CAWr_SA 4ania+d BKSSC" C221 Ho 2S0.1Po4 FaHi.dtaie inthz Ui4, htgwH1 s;bJ sbk spAZm w1A'R' hnckgyis,9,btefxfe6} Whig lCoeostors �Qf r1[rpUt®iy �__y up3ra(z.Ak:dvla deign with zizlkalqukF:dtarnre(is pzmnt fell TelY.n°<•:akdwie,IB,,puq:favV,29)'CraC'-da,d(nti(ttiltoULlSrB +gs f ROHS* m�nrzrr ;e. 0-lad.feWresOOLc< WR Mmtac w1h wi siftan rA-e(W)Hire+i•l3 WAa-Tght W oBa.cyeumr m4mvx<>'a:^;�tcnr>Ftsm Utt?J,<rufaal.tAinvnum 5)j,Ct?t wr rAzll at7!Fi6 o(inlialbmas cm-i<vs wwbel(v Fns ccmae:tiv,.hlxumum(1)!103(0 ale. (IICd.E§:SAta:hr.P4a3y pzmiles koglfe,agntKalazgprafu:tkm h;nimum(1)t 12 S(1)t IS. xd er(eplirelthart�m3 aysr�t B-K LIGHTING '°'2o .bkIkIigNrg mF�rbMgtbb�ng..— S B.l Ai4ATE DRAWING NUMBER-00 Rc<rausaN its fa-urns arre nm•�1 inwlu.•k(v in pan try US.Paent N>s.7,C93,J38;5,?57,258 81;744 7B2;73da,9@5�;75i3.!ntl;7,SrR,132;aM 7,54gd49 Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 24 of 37 Exhibit C: Artwork Lighting Design Installation Specifications (1/4) HP2 SERIES �ieclslont t Integral-Solid State LED tC'• 4 ��_�T° r�mm > 1/8°Allenwrendt Driver installation Instructions FOR ra uasunTpN: tj 1Mre Connectors ■ ® Level Q Phillips Screwdriver LYarnbg HgnVORagt Not SUdMe By OthEts INSTRUCTIONS PERTAINING TO IMPORTANT SAFETY INFORMATION-READ,FOLLOW,AND SAVE ALLSAFETY A RISK OF FIRE,OR INJURY TO AND INSTALLATION INSTRUCTIONS PERSONS IMPORTANT SAFETY rvoaua morn m1>ated 15/a quaenm person m a rrenner Do na tgoaugnr aman;nng 6omproaua m mnae a tarn. INSTRUCTIONS Onlnaa mfh As mrendtd use and n mmrt—man me awns rrayausean snare anat.m. taa11-1U-0.1 Cada Canad-neanal COdean60 LOaI Het?o to the fWUrt m:Ph nussin er Car re 241en5. Lighred5mpis HOTI and P,oYim E1C.d.. P� 9 9 4YA P.titHG-To raluce the riA[of FIP,E OP.Itdl1RY TO rfBSCt{f Lens—n be deanat on rgWE1t a1n. Turn ofvunr{u9and allaxNmot h5o2rtpbdng Wmp f,N1—r1oaua Label it—on and inftruaions. �dUefGiure noy bt<fine irensy noT.DO nortwth har Lamp gal HOTqui<wy'.co mag.my.nd'it1m;wh. ['.brim Petonne must Fatonn at:erAdngc re6mFmq cd Isis afo-.*ure May.oo noT roudl the 5mpaT arty tine.V:e Nming an, this rrodua. a daaR dry,fort doth t0 nandie the lamp Ot from nmT may Do norm-h no,ten,guard,or d.,na(see d.g.W d-,-ge me ramp and arse 0 To NptuTe. P-1 Bane gropo+r"NE yanadunng—iongorrt,mping, Keep M110..y fr— a-1,Thal may bum. turn 0pa—a,We or Drat brake,baaesavi<e. Ppta.lamp onhy aim COm2<T manage antl tyre of tamp nn nol.mthe 5mpatanyrim wee fop aoth.011 narked onf-,e label. lromfbn maydarrege tamp. me use of ac<csary egwprem nor remmma.dm by the D)nu cq,-le me luminaNe(mng..a mnnng or manuhau.........115a ommny r0 irrn—rn may atnedn All gaskels,o mp and 1Ea1n9 nnfa-—be kept d.n damaged lhiddr Lmlafa mnd man.The—M damagm—pan."Treya ce during msalwkm and seni�e;fadureto dothls nay aufean SAVETNESE•19111KT10NS an unsafe Omd-D and void rraaua--mmly. ornate mnditn and wld predun.,.my. IMPORTANT •Suitable for wet locations-Suitablefor recessed in ground locations Proper soil preparation is rLcom mended before installation.See the D164T 9 uide at tavive.blilig liting.com/dig-it for more information. ACCESSOry I-bidEl Acceawry'fY Ping Facedat<_ ilicone'd FSng Conduit trald, IS' D opti c I D. Heat Sink and OpliLo<t:" As emdy qftxh.ve Tilt Assn- bly A. Determne Sol Ty pe by referencing DIGtT Guide,B. Dighole Wwdeand20`deEp. [hive Tray Cold ed : D'5connects ty ge Sillconehiled ®../ ng C. Prep sod according to DIGGn Guide. HydroLak` g Plate �o-JJ IMPORTANT SAFETY INFORMATION-READ,FOLLOW,AND SAVE THESE INSTALLATION INSTRUCTIONS 403?S Brckyard Dlrve•Madera.CAff3a3i•USA RELEASE DATE REFEFFNCE WMBER B-K LIGHTING �.�� 'PAXD Yasgn.Dd.�m•l.ta@L."gntm3com 5-1414 IlVS001119 IMGC IXUR9rt CCHIAgSP6iYRIETAp1'P1TOtafAipH Cs Zf: HTq^,.,NC.AND as PLCNTT OR loassarcx WE.NOT CO—ANY EGhTS TO AEiPCMKr,M10%ITSCOKTWi CA TO MAMUEACTUEE,U%Da RN AMYIME4*Il MAY DIXIS E PETa'..('AKTCW,CU.fOSUt£Oi USFM"aHOUT Se:FK ktlitFM AVM:AQAi Ka1 CEP-KtIGHiBNT,W,.6 SLPCTIY ICRbCK91. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 25 of 37 Exhibit C: Artwork Lighting Design Installation Specifications (2/4) CD HP2 SERIES (P}eclslanY Integral e Solid State LED Driverinstallation Instnictions _PE: Side Fiala --%"� Threaded Entry 4 Cwnnicw_'tl:w anch ccnddtccn,nactnrs(IX,y Chhcs S) 2_ Pl—hcuslYig in Yrcd c.Align junriien,I;ratun U,e 3. In,,et(n)Fie,:esof'w:'EMTUCmaiult Uncugh the to the junction bco:uaing eithe,the hl.&d Futtt oY ti,e rcaaluithench, R.+biligr Flange"'.Han-q into s b,neto until conduit enbiet cn tt�e t1�JItCaT1 c1 the junction se<:ure. bcrnor Ituwgh hole,dritled in to the:ides W th e jsurctian t cc; Leave sufficient clearance to elevate housing to finished grade. Rush with f,Owd grade J. Fia'tehr,w,ng ro EMT 6. 'Nhen to ping i',r IrdaC tigMerr ssrem/s C. Cormei.t lkur aXrdui6 kn the anCin;t corrnectas.z 19u Pi nth fimslt+td grade.H5e a 1x,01 Co,id in 5labilily Flange"'to c0c,xe hrxasrng to EMT. Nu.-g 7. Pull pirrmry b,anch caant wid..9,mojunction r-x , s tt. Per CAGIT Cmide,WAffl the gap betoween the .. For still Inst.11atlon:Fill and tamp z'oli[o ire,For wncTete Insltaliatfom Fill the hole awavx} bctt nn of housing and bottorn of hde.0h the apps f,at I eight I as n^anni f a€Cd, the fixtvue I ars,g to 12"k e the fin,hl d -"I f:w hainage. fwu�ns, et to t:?t1 vd wnh U,e t a'.e,f the g ade with dean fill diit-d tan,ca 401y to ternpoary o:•ve,. ='it setthn)cA frc0.ue N-tcnneto and finish ab requned flush with Cho tcrp surface of It tog Installation is not drive-over rated, tf,e ternE diary ec2aen. RL[ATED '♦' " " ♦' " • • ♦ ,„ COWORMTUAHSWI-STAWARDtala, ' '• ♦ • " • " " " • " " ♦ ' ♦ prcwr t£Wl&7FDTUCS16iDCNANo'nA.T rrf GIDCT2.1RL 65lA 3101n, �l-1{ LIGHTING 4Qt2 encky ikw •Mah CAFi 39+LSA REI.FSE AE REFEREta:Etn.RaEER Ew.a�,:zn:U•FAX.u_`rJaaR. +cn nPo.wyr,u,�AOm• na' u3�,9ro, 5-1411 INSOta1129 Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 26 of 37 Exhibit C: Artwork Lighting Design Installation Specifications (3/4) C) 11010"'111111, HP2 SERIES Preclslan2 Integral-Solid State LED PROJECT: Driver Installation lnstnictions TYPE: 9, Attach OptiLOCls'assembly to m5 afled driver 1tl. For Optional Accessory Holder:Gerilly press 11. Aim fixture by adjusting OptiLark""ws embly asserrAJlywith quids disconnect.Place Opul-,OC' accessory holder downwards over optic on with Philip,screwdriver. assembly in housing,resting the OptiLock°'car f'rdtoc4k°". the pins provided inside Drehousing. 12. Remove any d➢tor debris in 0-nng grocare near is.Install faceplate using 1/8"AIIen wrench and t toptdhouzing.Place O-Ring inside of grccwe hand-lighten the faceplate screws In a star r pattern to M"lbs.mim Failure to dean groove of debris will cause fixture to fall and void product warranty. ©Do not use a power tool to Install screws.Do not exceed 40"Ibs. r•• •• • • • • '* ETL M1.STANDARD tSfa, ' • • r • • CERMEDTDCSASn2C22202:e.7 CSA STD C22.211L"A 51GrSUi 4(}t29 Eirlokyard Drivo•Madera,CA 533"39•USA REt.EA,�6ATE RE HE RENCE NI!M 1ER B—K LIGHTING :�.a� K•FAx:Es.a J7 5-1-0-14 INS001129 �\ w w.Uklgt9irgoom•I orb 1kghitingAOm Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 27 of 37 Exhibit C: Artwork Lighting Design Installation Specifications (4/4) CD Hp2 SERIES (?rkV1M1ff- ®® - - Integral-Solid State LED Driver Installation Instructions TYPE: W,e era IF M, WIRINGD[AGRAM (flovided)to leads.1 the b0tcuri 4 Patented HydfcLo,V'Parrier PhieAs5caot4y,See wiring diagram, 4. Turn Hydirtc,:k"Bautel Plate doci,wise V,"to 5. Connect 'hwQi assembly to Patented 'I'll qrCle3-1 debmtefo,ems.M?I"ter ted lod- I4yd,4c>cl'Pauu plate-th quid,c,sconne• HVd,ckol" Plate fl to junction X.IX.Align Hyd(oL"41'plaNwtb pins n lic,usinjand,,Qat m Patented HydroLock-Barrier Plate must be Itfurdy In place completely seated to eruure proper Mal or water may Intrude. his stop must be done as stated or you w111 void your warranty. ell G) 6. Lvwei driver W ell bly In to HP2 W,mnq, T Attach Itw-r assernbly tolioumgUyaligning R lujlnem the Phillips scr,,Yvs to secure driver keyt0e c,,tch under cne(1)of throe(3)08 plate to ho'" g. Sae.I lea ds. ---------- FrL USTED MfORW TO Alen ULSIANDARD 164 Is CERTIFED SM=2M02507 STDWITA.04A s16?307 t 11112911",� D,i-:Madera CAE&M -LtSA RE TI �WI �AXEfTl,43B.MCO Gm Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 28 of 37 Exhibit D: Site �"i ✓ '�_ I .r " "� y mar wq rG tid t V, r r>� r r / r rr Ar i iiii;o i rV N i A iii ' /9 / a �% / A !% Iwrrair'wwwareamwa�r,Jiuuru /l/llfi� � (r 1, )E /r ,I fr '�G� % P �ri f'i . .:. �' a ,�� f w�u 'Y/ �riy.. i j�lur�W Y d✓ o� r�;� � IMP'"L� 19 0 '� �t. �� A ..' ✓ Cdr LR�� /( � J I///)1 �jr) `�/ ,ww � � � mnwrrr �ainl r u ,� ��✓hII�� rbslnv�CUfmwm d" a tom"`• yd r;, .wame¢ D!�.wwupl�a;�s!mimlm,u uww adm wwwumu mutwu''au��r. mmlOnK.a�uprllamp _f Public Safety Building Plaza 1000 Throckmorton,Fort Worth,Texas Adjacent to Hyde Park and the City's Municipal Building NOTE: Illustration shows location of Artwork and Public Safety Building Basement Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 29 of 37 Exhibit E: Proposal FAIN PROPOSAL r;!I.IGI E Jenny Conn 07/11/2014 10 Arts Council of Fort Worth&Tarrant 1300 Gently Street Fort Worth,TX 76103 • TabachM Ribbon-Revision VI ITEM DESCRIPTION QUAN UNIT U3ITPRICB EXT PRICE 5 Demolition 270.000 SF ',.. 5 12.00 $3,240.00 10 Plaza Paving 270.000 '..SF $ 10,50 $2,835.00 15 Footing j 8.000 CY $1,150.00 $4,200.00 20 Electrical Labor '.. 60.000 MH $ 80.00 - $4,800.00 23 Bore 30.000 LF $180.00 '.... $5,400.00 25 Electrical Material 1.000 LS $400.00 ',. $400.00 30 gixture Price ',. 10.000 EA ',, $1,001.00 $10,010.00 TOTAL.: $35,885.00 1.Thfsproposal will comprise the removal of 3 panels of seeded concrete from the plaza area at 10th St.and Thmckmorton St., The installation of the footings for the TabactAn Ribbon per the sketch of Jaster-Quintanilta dated 11111/13 and the supplying and installing the light fixtures,and the replacer',.°nt of the seeded colored panels to match the existing concrete. 2. This proposal does not include any sales tax. 3. The installation of the ribbon vdll be by others. 4. The lighting plan is based on 10 BK Lighting fixtures and the circuit vdll be tied into the ground box at the adjacent light pole. Page 1 of 1 Artwork Site Preparation Agreement Between the City of Fort Worth and The Faint Group,Inc. Page 30 of 37 Exhibit F: Affidavit of Bills Paid AFFIDAVIT OF BILLS PAID Date: Affiant: Purchaser: Property: Affiant on oath swears that the following statement is true: Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials provided to Affiant for the construction of any and all improvements on the property. Affiant is not indebted to any person, firm, or corporation by reason of any such construction. There are no claims pending for personal injury and/or property damages. Affiant: 2"e SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the day of , 2014. Notary Public, State of Texas Print Name Commission Expires Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 31 of 37 Exhibit G: Sales Tax Exemption TEXAS CERTIFICATE OF EXENIPTION I claim an exemption from payntuni of sales and use taxes fm thir puTchivic of taxable iton-�dvscrib d llclow or on dw attached order or invoice. Descliption of Items(tiT an attached order or Invoice)To tic.Puldlased: I claim this exemption(or the fallowing rcasAm: Name tit'Exempt Organization: CITY OF FORT WORTH,TEXAS TEXAS SALES AND USE TAX PERMIT NUMBER 1-75-000528-6 Projeil for which materials and gopplics arv.purchased: I understand that I lvill be liable for payment ofsales tax,which may bectune due for failure to comply with the provisions of the-,;late,,city,andbr metropolitan transit authority sales and use tax laws and compiruller rules regarding cxonpt fi=hascs. Liability for the tax will he determined by the price paid kv the taxable items purchased or the fait market rental value for the Uviiod of time used_ I understand that it is a misderneancir to Ove an exemption certificute to the seller for taxable items which I know.at tile time of the purchase,will be used in a manner other t1wo that expensed in this ceflifica(v and,Upoll njjjV he fined up to S-500 pet offense. Liwx Purchaser: CITY OF FORT WORTH,TEXAS Street Addre". : 1000 THROCKMORTON STREET Cily,State.Zip Code:FORT WORTH.TEXAS 76102 Si&ja Here: Date: June I I,?4100 llhullle. This certificate doe-,viol requi re a nurnker to K,valid, Sales and use tax"excuiptioti i%umburs"or-tax c,oettipl-numbers do not exist. Do rvoi send cite to the Comptroller ofilubliv Accourvt%. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 32 of 37 Exhibit H: Insurance Requirements Contractor shall meet all the following insurance requirements for this Project. If Contractor subcontracts installation of the Work, then Contractor shall also require its subcontractor(s) to abide by all of the following insurance requirements. 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, and be as comprehensive as the current Insurance Services Office (ISO) policy. The policy shall name City as an additional insured. Automobile Liability $1,000,000 Each accident or $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non-owned. For Contractor and/or Contractor's Subcontractors who have employees: 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 Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act(Texas Labor Code, Chapter 406, as amended). GENERAL POLICY REQUIREMENTS The certificate of insurance shall include an endorsement naming the City of Fort Worth, its Officers, Employees and Volunteers as an "Additional Insured" on all liability policies. Exception: the additional insured requirement does not apply to Workers' Compensation or Automobile policies. Contractor is responsible for providing the City a thirty day(30) notice of cancellation or non-renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein. Waiver of rights of recovery(subrogation) in favor of City of Fort Worth. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 33 of 37 The insurers for all policies must be licensed/approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Unless otherwise stated,all required insurance shall be written on an"occurrence basis." The deductible or self-insured retention(SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of 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 City's Risk Manager. 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 City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. 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. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 34 of 37 Exhibit 1: Performance Bond PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we,The Fain Group,Inc., known as"Principal"herein and 1 a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety"herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas,known as"City"herein,in the penal sum of, Dollars ($ ), lawful money of the United States, to be paid in Foil Worth,Tarrant County,Texas for the 1 payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. I' WHEREAS, the Principal has entered into a certain written contract with the City awarded the 6th day of May, 2014, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other l accessories defined by law, in the prosecution of the Work,including any Change Orders, as provided for in said Contract designated as Site Preparation For Tabachin Ribbon Artwork Installation, .01.3)["i-gjec,l NOW, THEREFORE,the condition of this obligation is such that if the said Principal i shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders,under the Contract, according to the r plans, specifications, and contract documents therein referred to,and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall J be and become null and void, otherwise to remain in full force and effect. f PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. I I. i Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 35 of 37 Exhibit I: Performance Bond This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 20_. PRINCIPAL: BY: Signature ATTEST: (Principal) Secretary Name and Title Address: Witness as to Principal SURETY: BY: Signature Name and Title Address: Witness as to Surety Telephone Number: Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 36 of 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. is Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group,Inc. Page 37 of 37 K4&C}levio*' Page | u[2 Official site w the City m Fort Worth,Texas FORTWoRm CITY�� �� � � ���' ��� ������U |�����6� ������o���.�m~ �a���m�,m���� COUNCIL ACTION: Approved onS/8/2O14 CONTINUED FROM A PREVIOUS WEEK REFERENCE 2OTABACH|N RIBBON ' DATE: �22/2O14 �|-28776 LC�{� �AK8E' ' NO.: ' MULTIPLE AGREEMENTS NOW PUBLIC����OE' C TYPE: NO ' ' CONSENT HEAR|N : SUBJECT: Authorize Execution of an Amendment to City Secretary Contract No. 43743, an Agreement with Unified Fine Ads Services, LLC. for Transportation, Shznagu. Delivery, and Installation of Tabachin Ribbon, in an Amount of$14,663.50 for a Total Revised Contract Amount Not to Exceed $44,663.50, Authorize Execution of an Agreement with the The Fain Group, Inc., to Oversee Site Preparation for Tabuch/nRibbon in an Amount Up to$41,624.70 and Provide for City Inspection Costs and Contingencies in an Amount of$8.S28.80 for a Total Project CostinthaAnnountof$137,448.32 (CDUNC|LD|8TR|CT 0) RECOMMENDATION: |tin recommended that the City Council: 1. Authorize execution of an amendment to City Secretary Contract Number 43743, an Agreement with Unified Fine Arts Services, LLC for transportation, stnraQe, delivery, and installation of Tabaoh/n Ribbon, for atotal contract amount not to exceed $44.603.50; and 2. Authorize execution of an Agreement with The Fain Group, Inc., oversee site preparation for Tobaoh/n Ribbon inon amount upto $41,S24.7O. DISCUSSION: Approval of this Mayor and Council Communication authorizes an additional amount of up to $34.Q17.O0 from the Public Art Fund (Specially Funded Capital Projects Fund)tofundunanUoipated costs, including extended storage of the Artwork and site work necessary for installation, lighting, city inspection and contingency, as recommended by the Fort Worth Art Commission on February 17, 2O14 upon approval of the site design (attauhed.) Unified Fine Art $14,663.50 $30,000.00 $44,663.50 Services, LLC (G-17701) Transit, Storage and Installation The Fain Group, Inc. $11,624.70 $30,000.00 $41,624.70 Site Preparation, (G-17701) Footing, Lighting City Inspection, $ 8,628.80 $ 8,628.80 Michael van Enter $36,700.00 $36.700.00 Paint Renovation (G-26284) Unified Fine Art $5,831.32 $ 5,831.32 Services, LLC , ITEM PENDING M&C PREVIOUS M&C's TOTAL http://apps.cfwnet.org/council_packet/me review.asp?ID=195 7 8&councildate=5/6/2 014 5/13/2014 M&C Review Page 2 of 2 Transportation to (No M&C Required) paint renovation site TOTALS 1 $34,917.00 1 $102,531.32 $137,488.32 On October 9, 2012, (M&C G-17701) the City Council authorized acceptance of an artwork donation from artist Yvonne Domenge of a sculpture valued at$150,000.00 for inclusion into the Fort Worth Public Art Collection and for placement at the Fort Worth Municipal Plaza, 1000 Throckmorton Street, and authorized execution of necessary and related Agreements for transportation, storage, installation, and lighting for a total amount not to exceed $60,000.00. Tabachin Ribbon is a bright yellow, 13 foot diameter painted metal sculpture, one of six sculptures commissioned for temporary exhibition in the City pf Chicago's Millennium Park in 2010 and donated to U.S. cities with significant collections of modern and contemporary art. Funding partners CONACULTA(the National Council for the Arts and Culture, Mexico), the Boeing Company, and Millennium Park, Inc., made the donation possible. Site presentations were approved by Downtown Fort Worth, Inc. (August 18, 2012), the Downtown Design Review Board (July 23, 2012) and the Historic and Cultural Landmarks Commission August 13, 2012). Renovation to the sculpture's paint system is being accomplished through a conservation Agreement with Michael van Enter authorized by Council on June 8, 2013 (M&C C-26284)and funded through the FWPA Capital Conservation Fund. This project is a City-wide project located in COUNCIL DISTRICT 9, Mapsco 77A, and supports the urban design element of 2014 Comprehensive Plan. FISCAL INFORMATION/CERTIFICATION: 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 FROM Fund/Account/Centers C291 541200 201980199580 $38,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Martha Peters (298-3025) ATTACHMENTS Site Overlay.pdf Structure.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=19578&councildate=5/6/2014 5/13/2014