HomeMy WebLinkAboutContract 47368 / ^
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CONTRACT NO.
AGREEMENT BETWEEN THE CITY OF FORT WORTH
� �'�ORE0RY
AND GRAPHIC CONTENT, INCYOB FINAL DESIGN AND COMMISSION
CF PUBLIC ART FOR VICTORY FOREST COMMUNITY CENTER
This Agreement is entered into dd of 20|�, by and between the City of
Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through its duly
authorized Assistant City Manager, Graphic Content, Iuo., Texas corporation uotio&bvuudthronohibdnlv
authorized President,Arturo Garcia. City has designated the Arts Council of Fort Worth and Tarrant County,
Iuo., to manage this Agreement oo its behalf. The Contract Manager shall act through its designated Public
Art project zoauuger.
WHEREAS' puroouu1 to Chapter 2, 800douu 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Program's goals are 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 dnvo|npnoecd of the City's capital infrastructure improvements, and to promote tourism and
economic vitality in the City through the artistic design oC public spaces;
WHEREAS,the City is currently designing a new community center near the intersection of
Hemphill Street and Qiddioou Street io Council District 9,which will be known uo Victory Forest
Community Center;
WHEREAS,funding for this Project was included in the Public Art Plan for the 2004 Capital
Improvement Program,adopted hythe Fort Worth City Council oo May |7,2005 (M&CG-l48Ol);
WHEREAS, this project was includod in the Fiscal Your 2015 Annual Work Plan and Budget,
adopted hythe Fort Worth City Council on October 14' 2014 as (M&C C-2703 1) as part ofthe City's
agreement with the Contract Manager for administration uf the public art program;
WHEREAS,on January 2?,2014,the City entered into a contract with Artist tn develop preliminary
artwork design(s)for the Site (Fort Worth City Secretary Contract No. 45312);
WHEREAS, on April 13` 2015, the Fort Worth /\d Conuooimuiou (PWAC) approved the /\diot'o
Preliminary Design, and recommended that Artist be retained to develop u Final Design based upon the
Preliminary Design for public artwork to he incorporated into the Site, and, upon City approval, fabricate,
deliver, and install the Work u1 the Site; and
WHEREAS, City and /\diut wish to set out the terms and conditions under which said Work obaU
he designed, tuhhoatod, delivered, and installed to promote the izdu87dv of Artist's ideas and oto{eooeuto as
represented hy the Work;
NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements
hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows:
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1.13 Schedule - Means and includes a written plan of procedure for completion of fabrication,
delivery, and installation of the Work, including,but not limited to,the submission of progress reports.
1.14. Site—Means and includes the new Victory Forest Community Center to be located near the
intersection of Hemphill and Biddison Streets, Fort Worth, Texas 76110, which is more particularly
described in Exhibit"B,"attached hereto and incorporated herein by reference for all purposes.
1.15. Work—Means and includes the finished object(s) of art and design that are the subject of
this Agreement, or any intermediary stage of completion of such work.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that Artist's Preliminary Design was reviewed and approved by the FWAC on
April 13, 2015, and is the basis for executing this Agreement with Artist.
2.2. Scope of Services.
a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary
for developing the Final Design of the Work and for providing the Final Design Deliverables.
Services shall be performed in a professional manner and in strict compliance with all terms and
conditions in this Agreement.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the
Work, subject to review and input from the Project Stakeholders and approval by City as set forth in
this Agreement.
C. Artist shall encourage the community to develop an ongoing archive of information on notable
people who contributed to the development of the surrounding area that could be kept on site and
publicly accessed.
d. Artist's Final Design for the Work shall utilize brightly colored painted steel tubing configured in the
shape of simplified human profiles and shall be based on the Preliminary Design.
e. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and
permitting.
f. Upon request of City,Artist shall provide written maintenance recommendations for the Work to the
Contract Manager.
g. Artist shall present the Final Design to the appropriate City committee, City staff, Project
Stakeholders, and other City boards or commissions, as appropriate, for input and to the FWAC for
review and subsequent approval determination at dates and times mutually agreed upon.
h. Artist shall participate in one public education event in Fort Worth at a mutually agreed upon date
and time.
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licensed to work in the State of Texas. Artist will provide the Contract Manager a certificate
of insurance for each licensed professional and provide City with a thirty (30) calendar day
notice of cancellation of any policy required hereunder.
2.5. Final Design Review.
a. Upon full completion of the Final Design Deliverables, Artist shall present the Final Design to the
FWAC for review and input at a regularly scheduled FWAC meeting.
b. After presenting to the FWAC for initial input, Artist shall meet with the designated Project
Stakeholders, City staff, and other City boards or commissions, as appropriate, to present the Final
Design,at a date and time mutually agreed upon,for input.
C. Artist shall then present the Final Design to the FWAC for approval at a regularly scheduled FWAC
meeting.
d. City shall notify Artist of its approval, or disapproval, of the Final Design, either in whole or in part,
within thirty(30)business days of Artist's presentation to the FWAC.
e. If City disapproves of the Final Design, either in whole or in part, then City shall inform Artist of
each revision to be made to the Final Design. City may require Artist to make such revisions to the
Final Design as City deems necessary in its sole discretion and/or for the Work to comply with
applicable statutes, ordinances, or regulations of any governmental regulatory agency having
jurisdiction over the Site for reasons of safety and security.
f. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to
present the revised Final Design in conformance with City's requirements.
g. If City disapproves of the resubmitted Final Design, any further Final Design resubmissions will be
by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the
Parties desire not to continue with the resubmission process, then this Agreement will automatically
terminate, with payment for work performed per the payment schedule in Article 3 up through the
date of termination.
h. If Artist's Final Design is approved by City,then Artist's Final Design shall be incorporated into this
Agreement as an addendum,and shall become the basis for proceeding to the Execution Phase of this
Agreement.
L Upon City's approval of the Final Design, Artist shall provide the Final Design presentation
materials to the Contract Manager to become part of the City of Fort Worth Public Art archive
owned by City. These documents, models, and/or drawings will be retained for archival and
exhibition purposes. Artist's Final Design and all other work product under this Agreement shall
become the property of City,without restriction on future use(see Article 6).
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d. Should Artist complete the Work in advance of the completion of the Site, Artist shall store the
Work at no expense to City until such a time as both are completed and the Contract Manager
notifies Artist that installation may commence.
e. Artist shall be responsible for all costs associated with the materials, fabrication, and installation of
the Work,including,but not limited to,footing, equipment rentals,transportation,and labor.
f. Artist is responsible for obtaining and paying for all necessary permits through a City-approved
contractor as necessary.
g. Artist, individually and through its subcontractors, including its fabricator, shall take all necessary
precautions to protect and preserve the integrity and finish of the Site while delivering and installing
the Work. If City determines, in its sole discretion, that Artist or Artist's subcontractors have
damaged the Site,then City shall inform Artist, in writing, of the damage. Artist,at its own expense,
shall have thirty (30) calendar days from receipt of City's written notice to repair the damage to the
Site to the satisfaction of City. If Artist fails to repair the damages to the satisfaction of City within
thirty(30) calendar days after receipt of the notice, or within the 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 Artist under this Agreement, which shall be in addition to any and all other rights and remedies
available to City at law or in equity.
h. Upon City's request, prior to installation of the Work, Artist shall consult with a qualified art
conservator and provide to the Contract Manager written instructions for appropriate maintenance
and preservation of the Work on the form attached hereto as Exhibit "D" (Technical and
Maintenance Record). The appropriate maintenance and preservation instructions shall not be
substantially different from the maintenance and preservation anticipated and conveyed to City for
the Work in the final design phase for the Work. [NOTE: The written instructions provided during
the final design phase of this project may fulfill all or part of this requirement to the extent that such
instructions represent the final Technical and Maintenance Record].
2.8. Post-installation.
a. Within thirty (30) calendar days after the installation of the Work, Artist shall furnish Contract
Manager with a set of at least ten(10) high-resolution digital images (.tiff format) and ten (10) low-
resolution digital images (.jpeg format) showing the Work from multiple vantage points as selected
by Contract Manager,to document the Work after the Work is installed.
b. Artist shall make his/her best efforts to be available at such time or times as may be agreed between
City and Artist to attend any inauguration or presentation ceremonies relating to the transfer of the
Work to City. City shall use its best efforts to arrange for publicity for the completed Work in such
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(1) THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) upon execution of this
Agreement.
(2) TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000,00)within thirty (30) days
after Artist submits the Final Design Deliverables, as required in Article 2.4. of this
Agreement, and the Final Design is approved by the FWAC.
(3) TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon the Contract
Manager's verification that fabrication of the sculpture is 100% complete and ready to
install.
(4) EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00) upon the Contract
Manager's verification that the Work is installed on the site.
(6) FOUR THOUSAND SIX HUNDRED SIXTY DOLLARS AND NO CENTS ($4,660.00)
within thirty-five (35) calendar days after Final Acceptance and receipt by City of such
documentation it may require concerning payment of supplies and services rendered to Artist
[see Article 2.9].
(7) City may pay Artist contingency funds in an amount up to SIX THOUSAND
SEVEN HUNDRED DOLLARS AND NO CENTS ($6,700.00) for costs associated
with the Work that are incurred by the Artist due to unforeseen changes in
fabrication or installation costs, including an administrative fee of fifteen percent(15%).
Such payment will be made upon (i) receipt of supporting documentation by the
Contract Manager from the Artist and (ii) approval by the Contract Manager of the
additional costs.
3.3. 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 Artist with the "Texas Certificate of Exemption," in substantially the same
form as that attached hereto as Exhibit"F"for use by Artist in the fulfillment of this Agreement.
3.4. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the performance of this
Agreement, including, but not limited to, services, materials, mailing/shipping charges on submissions to
City and/or Contract Manager, insurance, cost of all travel, and costs for Artist's agents, consultants, and/or
employees necessary for the proper performance of the services required under this Agreement.
ARTICLE 4
WARRANTIES
4.1. Warranties of Title and Copyright.
a. Artist represents and warrants that:
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e. If, after one (1) year from Final Acceptance, City observes any breach of warranty described in this
Section 4.2 that is curable by Artist, City shall give written notice to Artist to make or supervise
repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall notify City, in writing,
within thirty(30)calendar days after receipt of the notice as to whether Artist will make or supervise
the repairs or restorations. Should Artist fail to respond within the thirty (30) calendar day deadline
or be unwilling to accept reasonable compensation under the industry standard, City may seek the
services of a qualified restorative conservator and maintenance expert.
f. Acceptable Standard of Display. Artist represents and warrants that:
(1) 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.
(2) 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.
(3) 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, but not limited to,
mold,rust,fracturing,staining,chipping,tearing, abrading, and/or peeling.
(4) Manufacturer's Warranties. To the extent the Work incorporates products covered by a
manufacturer's warranty,Artist shall provide copies of such warranties to City.
g. The foregoing warranties are conditional, and shall be voided by the failure of City to maintain the
Work in accordance with Artist's specifications and the applicable conservation standards. If City
fails to maintain the Work in good condition, Artist, in addition to other rights or remedies Artist
may have in equity or at law, shall have the right to disown the Work as Artist's creation and request
that all credits be removed from the Work and reproductions thereof until the Work's condition is
satisfactorily repaired.
ARTICLE 5
INSURANCE AND INDEMNITY
5.1. General.
Artist shall carry insurance as set forth in Exhibit"G," which is attached hereto and incorporated herein for
all purposes. Evidence of required insurance shall be submitted to the Contract Manager prior to installation
of the Work on City property. However, if any part of the fabrication process will be conducted on City
property, then Artist shall submit evidence of required insurance to the Contract Manager prior to
performance of that work. Evidence of subsequent renewals of said insurance is required until City has taken
possession of the Work. Except as provided in Article 2.10 hereof,the risk of damage to or loss of the Work,
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AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR
EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE
OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT
VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City
expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the
exclusive obligation of Artist.
ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. Title.
Title to the Work, including, but not limited to, all documents, models and/or drawings that constitute or are
components of the Work and/or the Artwork Design, shall pass to City upon Final Acceptance and payment
for the Work or pursuant to the applicable termination provision of this Agreement. These documents,
models and/or drawings will be retained for archival and exhibition purposes. Artist's Artwork Design,
Work, and all other work products under this Agreement shall become the property of City, without
restriction on future use,except as provided below.
6.2. Copyright Ownership_
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.
6.3. Reproduction Rights.
a. In view of the intention that the Artwork Design and the Work be unique, Artist shall not make any
additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant
permission to others to do so except with the express written permission of City. However, nothing
herein shall prevent Artist from creating future artworks in Artist's manner and style of artistic
expression.
b. By execution of this Agreement, Artist grants to City an exclusive, perpetual, royalty free, and
irrevocable license to graphically depict or publicly display the Artwork Design and Work for any
non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or
display of the Artwork Design and/or the Work intended to promote or benefit City, its public
services or its public purposes, regardless of whether or not a fee is charged to the public, or whether
revenue is otherwise received by City, shall be deemed a non-commercial purpose. Notwithstanding
the above limitation,Artist agrees and understands that nothing in this paragraph shall affect or limit
City's absolute, unrestricted rights incidental to City's full ownership of the Work to alter, change,
modify, destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in whole or in
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b. All repairs and restorations shall be made in accordance with recognized conservation standards (in
accordance with the American Institute of Conservation (AIC) Code of Ethics and Guidelines for
Practice)and/or construction standards,including,but not limited to,the standards set forth by City.
C. City may require Artist to submit professional documents supporting Artist's proposal for repairs and
restorations prior to commencement of repairs or restorations.
d. When emergency repairs are necessary to prevent the loss of or further damage to the Work or to
prevent risks to the public, such repairs shall be undertaken or arranged by City without advance
notice to Artist,and such repairs shall not be deemed to constitute artistic alteration.
7.4. Alteration of the Work or of the Site.
a. In the event that the Work is incorporated into a building, structure or realty, the installation of the
Work may subject it to destruction, distortion, mutilation or other modification by reason of its
removal. If removal of the Work would damage either the Work or the Site, City shall have the right
to remove the Work by any means, including destruction, in performing maintenance, repair,
renovation, or reconstruction of the building, structure or in devoting realty to a new use. City may
give Artist written notice of its intent to take such action under this paragraph.
b. In the event that the Work is freestanding, or incorporated into a building, structure or realty such
that it may be removed without damaging or destroying the Work or the building or structure, Artist
may be given written notice and ninety (90) calendar days to remove the Work at his or her sole
expense. Upon Artist's failure to remove the Work, City shall have the right to remove and dispose
of the Work by any means,including its destruction.
C. City agrees that it will not willfully destroy, damage, or modify the work, except as provided in
paragraphs a. and b. above.
d. In the event the Work is substantially damaged or altered, City shall no longer represent the Work as
that of Artist if Artist gives written notice to City that it is the position of Artist to deny authorship
on the grounds stated in this paragraph.
e. City shall, at all times, have the right to move the Work, or remove it from public display. City shall
also have the right to sell or trade the Work.
7.5. Permanent Record.
City shall maintain on permanent file a record of this Agreement and of the location and disposition of the
Work.
7.6. Artist's Address.
Artist shall notify City of changes in the address set forth in Article 14. The failure to do so, if such failure
prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce
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10.3. Incapacity of Artist.
a. In the event that Artist becomes incapable, legally or otherwise, of performing his duties and/or
obligations under this Agreement, City may choose to continue the terms of this Agreement with the
capable party or terminate this Agreement. In the event that Artist becomes incapacitated during the
term of this Agreement, City shall have the right to terminate this Agreement on payment to Artist's
successors for all work and services performed prior to incapacity. All work product produced by
Artist, including, but not limited to, finished and unfinished drawings, sketches, photographs,
models,and designs,up to the effective date of termination shall become property of City.
b. Should Artist's Final Design have been approved, in the event of termination under this Article 10.3,
City shall have the right to complete the Work, if feasible. Due regard shall be made for Artist's
intended results and proper credit and acknowledgement shall be given to Artist.
10.4. Termination for Convenience.
a. The services to be performed under this Agreement may be terminated by either party,subject to
written notice submitted thirty(30)calendar days before termination.
b. If the termination is for the convenience of City, City shall pay Artist pursuant to the payment
provision in Article 3, and Artist shall continue to provide the City with services requested by City
and in accordance with this Agreement up to the effective date of termination. Upon payment in full
of all monies due for services provided up to the effective date of termination, City shall have the
right, in its sole discretion, to possession and transfer of all work product produced by Artist under
this Agreement, including, but not limited to, finished and unfinished drawings, sketches,
photographs,models,designs and the Work up to the effective date of termination.
C. If termination is for the convenience of Artist, City shall have the right, in its sole discretion, to pay
Artist pursuant to the payment provision in Article 3 or require the Artist to remit to City a sum equal
to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective date of
termination. If City chooses to pay Artist, then all work product produced by Artist under this
Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs,
models, designs,the Work up to the effective date of termination shall become property of City.
d. If termination is by mutual agreement of the Parties as set forth in Article 2.5, then City shall pay
Artist per the payment schedule in Article 3 up through the date of termination. City shall have the
right to possession and transfer of all work product produced by Artist under this Agreement,
including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and
designs,up to the effective date of termination.
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(5) Artist, pursuant to this Article 10.5, hereby acknowledges the rights of attribution and
integrity conferred by Section 106A(a) of Title 17 of the U.S. Code, (as amended or as it
may be amended in the future)Titled"Visual Artists Rights Act," and any other right of the
same nature granted by U.S. federal, state, or foreign laws, and of his/her own free act
hereby waives such rights with respect to any and all uses of the Artwork Design, Work,
and/or all other work product under this Agreement and/or any prior agreement as a public
artwork. Nothing in this Article 10.5 shall affect the survival of Articles 4 (Warranties), 5
(Insurance and Indemnity), and 8 (Artist as an Independent Contractor) of this Agreement,
which shall remain in full force and effect upon termination of this Agreement.
ARTICLE 11
DISPUTE RESOLUTION
a. If either Artist 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.
b. 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 Artists 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 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.(See Article 10.5)
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written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City
and Artist and their respective successors and permitted assigns.
13.7. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful
successor or assign, and are not intended to create any rights, contractual, or otherwise, to any other person
or entity.
13.8. 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.
13.9. Force Majeure.
It is expressly understood and agreed by the Parties to this Agreement that, if the performance of any
obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather;
governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots;
material or labor restrictions; transportation problems; or any other circumstances which are reasonably
beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the
same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so
obligated or permitted shall be excused from doing or performing the same during such period of delay, so
that the time period applicable to such design or construction requirement shall be extended for a period of
time equal to the period such party was delayed.
13.10. Contract Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this
Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved
against the drafting party must not be employed in the interpretation of this Agreement or any amendments
or exhibits hereto.
13.11. Fiscal Funding Out.
If, for any reason, at any time during any term of this Agreement, the Fort Worth 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) calendar 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.
13.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part
of this Agreement.
Agreement with Graphic Content,Inc.for Final Design and Commission of Public Artwork for Victory Forest Community Center .
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Copies to: City Attorney
Dffiiceo[deCity Attorney
City offortWorth
l0O0TbroukIno11oo Street, Third Floor
Fort Worth,Texas 76|02
Martha Peters, Vice President, Public Art
Arts �*unui| ofYor| Worth/&Tarrant County
l30OGcoJyStreet.
Fort Worth,Texas 76lO7
2. /\k?l87
Art Garcia, President
Graphic Content, Inc.
5O9 West Davis Street, Suite 200
[)u\|ax, 77{ 75208
lN WITNESS HEREOF, the Parties hereto have executed this Agreement io6eo0ecdvouamfthe
Effective [}uto.
CITY OF FORT W0llTH INC.
6y: h
Fernando Costa /\
/\yaia(uni City Manager President i \
P0(}V ED AS TO F0Kk4 \ \
Mary r
City Sec,
&4&[:
OR
Date:
CITY
Agreement with npvm,Content,Inc.uv Final omign and Commission aub|.cx^wmk for v.,wiypw"m Community Center
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Exhibit A: The Preliminary Design
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Agreement with Graphic Content,Inc.for Final Design and Commission of Public Artwork for Victory Forest Community Center
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Exhibit B: Proposed Site
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Agreement with Graphic Content,Inc.for Final Design and Commission of Public Artwork for Victory Forest Community Center
Execution Copy 9.10.15 26 of 36
TRANSPORTATION
Materials to Fabrication Site'
Finished Work to Installation Site'
Other'
BASEIMOUNTING
Base
Mounting Devices and Components
Foundation/Footing
Other
INSTALLATION COSTS
(Costs must include allowance for after hours installation,if applicable.Please attach a
complete list of equipment and individual estimates with this form)
Subcontracted Labor'
Scaffolding*
Equipment Rental related to Installation*
Off-duty PolicelSecurity'
Traffic Barriers*
Storage Facility Rental'
City Permits
Display Devices
Fireproofing'
Site Restoration*
Other'
LIGHTING
Designers*
Fixtures'
Bulbs*
Site Preparation*
Installation*
GRAND TOTAL
Please make any necessary notes here:
Prepared By:
Date:
(Revised May 201!)
Agreement with Graphic Content,Inc.for Final Design and Commission of Public Artwork for Victory Forest Community Center
Execution Copy 9.10.15 28 of 36
Collaborating Artist:
Fabricator(if other than artist)
Fabricator Address:
Methods/Materials Used in Execution of Artwork
Materials(list type, brand name and manufacturer of all materials; attach Material Safety&Technical Data.
Include contact names for all suppliers and attach warranty information):
Construction Description: (list all fabricators and any architects,engineers or other technicians involved in
the creation and installation of this artwork. Attach all warranties&agreements)
Material(s) Specifications:
Joining Methods:
Welding Rod Alloy or Joint Material&Application Method:
Casting Alloy, Wax Body, Glass or Fiber Type:
Finishes&Coatings(paint color and type,glaze,patina,any and all coatings including fixative, UV,graffiti,
etc.Please list vendors and contact information and provide all product information):
Agreement with Graphic Content,Inc.for Final Design and Commission of Public Artwork for Victory Forest Community Center
Execution Copy 9.10.15 30 of 36
Unusual or Special Circumstances of Note
Artist's Intention
(Please describe your view of how the artwork will change over time and in response to environmental
conditions. Artist's vision of how the artwork will look in the future assists FWPA in realizing an
appropriate conservation action plan. In addition to environmental conditions public artworks are often
affected by public handling, landscaping and site changes. Please clearly detail your expectations for this
artwork.Please address issues related to the life expectancy of this artwork.)
Agreement with Graphic Content,Inc.for Final Design and Commission of Public Artwork for Victory Forest Community Center
Execution Copy 9.10.15 32 of 36
Exhibit F: Sales Tax Exemption
O, (R-4 teazle)
Texas Sales and Use Tax Exemption Certification
This certificate does not require a number to be valid.
Name of purchaser,firm or agency
City of Fort Worth
Address(Street&number,P.O.Box or Rome number) Phone(Area code and number)
1000 Throckmorton street 817-392.8325
City,state,ZIP code
Fort Worth,Texas 76102
1,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable
Items described below or on the attached order or Invoice)from:
Seller. All Vendors
Street address: City,State,ZIP code:
Description of items to be purchased or on the attached order or invoice:
All Items
Purchaser claims this exemption for the following reason:
Governmental Municipality
I understand that I will be liable for payment of all state and local sales or use taxes which may become due forfeiture to comply with
the provisions of the Tax Code and/or all applicable low.
/understand thatitis a criminal offense togive an exemption certificate to lite sellerfortaxable Items that l know,at the time ofpurchase,
will bo used In a mannerotherthan that expressed in this certificate,and depending on the amount of tax evaded,lite offense mayrange
from a Class C misdemeanor to a felony of the second degree.
Purchaser r TWO Dale
here Assistant Finance Director 2/26/2014
NOTE: This certificate cannot be Issued for the purchase,lease,or rental of a motor vehicle.
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax"Exemption Numbers"or"Tax Exempt"Numbers do not exist.
This certificate should be furnished to the supplier.
Do not send the completed certificate to the Comptroller of Public Accounts.
Agreement with Graphic Content,Inc.for Final Design and Commission of Public Artwork for Victory Forest Community Center
Execution Copy 9.10.15 34 of 36
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.
Artist 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.
The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) 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. If the subcontractor is an international entity and carries insurance through an international insurance
company, then the subcontractor must obtain language on their certificate of insurance confirming that its
insurance policy extends coverage to operations in the United States. 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.
Agreement with Graphic Content,Inc.for Final Design and Commission of Public Artwork for Victory Forest Community Center
Execution Copy 9.10.1 S 36 of 36
0 11 1111
•
CITY COUNCILAGENDA
FORTWORTI!
COUNCIL ACTION: Approved on 12115/2015
REFERENCE ** 06VICTORY FOREST
DATE: 12/15/2015 NO.: C-27554 LOG NAME: COMMUNITY CENTER
PUBLIC ART PROJECT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Final Design and Commission Agreement with Graphic Content,
Inc., in an Amount Up to $62,360.00 for Final Design, Engineering, Construction
Documents, Fabrication and Installation, Which Includes Up to $6,700.00 for
Contingencies, for Artwork at the Victory Forest Community Center (COUNCIL DISTRICT
9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a final design and commission
Agreement with Graphic Content, Inc., in an amount up to $62,360.00 for final design, engineering,
construction documents, fabrication and installation, which includes up to $6,700.00 for
contingencies, for artwork at the Victory Forest Community Center.
DISCUSSION:
The artwork utilizes a representation of a human profile to convey the diversity of the community.
Approximately 20 of these profiles will be placed inches apart, creating an open rectilinear
sculpture. At 15 feet in height, the sculpture is fabricated with metal tubing and powder
coated. Inspired by the vibrant colors of the iconic Sarape Blanket of Mexico, the artwork uses its
hues to identify the uniqueness of all in the community. The sculpture can be viewed from four
directions while its height allows visibility from Hemphill Street.
The artist, Arturo Garcia of Graphic Content, Inc., was placed under a preliminary design contract
(City Secretary Contract No. 45312) in the amount of$4,640.00 dated January 27, 2014 and on April
13, 2015, the Fort Worth Art Commission (FWAC) approved the preliminary design. The FWAC
recommended the artist be placed under a final design and commission contract.
Under this final design and commission contract, the artist will finalize the aesthetic design and
provide structural engineering and construction documents. Upon approval of the final design and
construction documents, the artist will fabricate, deliver and install the artwork per the approved final
design.
Funding for the final design and commission of the project has been allocated from the 2004 Capital
Improvement Program, Proposition 2 and the project was included in the Fiscal Year 2015 Annual
Work Plan and Budget, which was adopted by the City Council on October 14, 2014 (M&C C-27031).
Fort Worth Art Commission Action - On April 13, 2015, the FWAC approved the artist's preliminary
design and recommended the artist be placed under a final design and commission contract.
Logname: 17ED COMFORWOMEN Page 1 of 3
Project costs and funding sources are as follows:
PROJECT COST ESTIMATE
'Preliminary Design J$ 4,640.00
�Final Design and Commission 55,660.00
TOTAL 67,000.00
2004 Capital Improvement
Program Proposition 2
I (Subfund 98) 67,000.00
Total 67,000.00
The immediate operating impact kS anticipated b] be negligible ondwiUbaindudadintharouUne
maintenance of all Fort Worth Public Art. The 1D-xaar total cost of ownership ia estimated at
$3`6O0.00 for maintenance.
M/WBE OFFICE -The City's overall MMBE goal for the Fort Worth Public Art Program is 25 percent
Df total capital project dV||annexpeOdedonpub|iCartanDua||y.
Council Member Ann Zadeh concurs with the FWAC's recommendation to proceed with final design
and commissioning of the Victory Forest Community Center Public Art Project.
This project in located in COUNCIL DISTRICT &. &0epaoo 91.
FISCAL .
The Financial Management Services Director certifies that funds are available in the 2004 Capital
Improvement Program, Proposition 2. for the Victory Forest Community Center Public Art
Project. Existing appropriations iD the project are $O7.000.00of which $4.64O.O0 has been expended
leaving a balance of$02.30O.0O.
TO
FROM
Fund Department ccount Project Program Activity Budget Reference# Amount
L 398011 0200450 5740010 _C00130
Submitted for City Manager's Office by: Fernando Costa (5123)
Originating Department Head: Randle Harwood (O101)
Additional Information Contact: Martha Peters (2S8-3O25)
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I.ngoame: l7El] COMyOIlWOMEN Page 2of3
ATTACHMENTS
Victory Forest CC MC Attachment October2015.pdf
Logname: 17ED COMFORWOMEN Page 3 of 3