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PROFESSIONAL SERVICES AGREEMENONTRACT N�� _
BETWEEN SIGNATURE GRAPHICS, INC., AND THE CITY OF FORT WORTH
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation
situated in Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager,
and SIGNATURE GRAPHICS, INC., (the "Contractor"), located at 1000 Signature Drive, Porter,
Indiana, 46304, each individually referred to as a"party" and collectively referred to as the "parties."
City has designated the Arts Council of Fort Woi�th and Tairant County, Inc. to manage this Agreement
on its behalf ("Contract Manager"). The Contract Manager shall act ttu•ough its designated project
manager.
WHEREAS, pursuant to Chapter 2, Sections 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 development of the City's capital infrastructure improvements, and to promote
tourism and economic vitality in the City through the artistic design of public spaces;
WHEREAS, the East Lancaster Public Art Plan r�ecommended local artists be commissioned to
create designs for the traffic signal control cabinets along East Lancaster Avenue and on July 13, 2015,
the Fort Worth Art Commission ("FWAC") approved the East Lancaster Traffic Control Cabinets Public
Art Project Outline, which recommends wrapping city-owned traffic signal control cabinets along East
Lancaster Avenue with reproductions of original artworks by up to 14 local artists, using readily available
adhesive vinyl iilm media technology with an anticipated life span of at least 4 years;
WHEREAS, the Selection Panel's recommendation of 14 images and one alternate were
approved by the Art Commission on June 13, 2016 and the recommended locations for each image were
reviewed by Council Members Bivens and Allen Gray on August 5, 2016;
WHEREAS, the Art Commission approved the fabricator selection process on October 10, 2016,
and an Open Request for Proposals was issued and Signature Graphics, Inc., submitted the lowest bid and
were found to be responsive and highly qualified for• the project;
WHEREAS, the project is included in the Fort Worth Public Art Fiscal Year 2017 Annual Work
Plan, which was adopted and for which funds were appropriated by City Council on October 25, 2016, as
M&C G-18867;
WHEREAS, City and Contractor wish to set out the terms and conditions under which the
licensed images for the fourteen (14) East Lancaster Traffic Control Cabinet wraps shall be formatted,
proofed, printed and installed to promote the integrity of Actist's ideas and statements as represented by
the Artwork.
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Agreement for Professional Seivices
2. Exhibit A— Typical Layout of Artwork on Cabinets
3. Exhibit B — Sites
4. Exhibit C — Artworks
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�FFICIAL RECORD
CITY SECRETARI(
FT. WORTH, TX
Execution Copy 2/l3/l7
5. E�chibit D— Texas Sales and Use Tax Exemption Certificate
6. Exhibit E - Budget
7. Exhibit F— 3M Manufacturer's Warranty
8. Exhibit G — Affidavit
All E�ibits attached hereto are incoiporated herein and made a part of this Agreement for all purposes.
In the event of any conflict between the documents, the terms and conditions of this Professional Services
Agreement shall control.
The term "Conh•actor" shall include the Contractor, and his officers, agents, employees, representatives,
servants, conh•actors or subcontractors.
The term "City" shall include its officers, employees, agents, and representatives.
1. SCOPE OF SERVICES.
1.1. Contractor shall provide layout, proofing, printing, fabrication, cabinet preparation and
installation of artworks on fourteen City-owned traffic control cabinets along East Lancaster Avenue at
the following intersections: Pine Street, Riverside Drive, Beach Street, Collard Street Ayres Avenue,
Sargent Street, Oakland Blvd., Rand Street, Edgewood Terrace, Tierney Road, Weiler Blvd., Canton
Drive, Handley Drive and Sandy Lane, as outlined in the attached E�ibits "A," "B," and "C," which
are incoiporated herein as if copied in full. Contractor shall endeavor to be done within three (3) months
of the Effective Date of this Agreement, weather permitting and predicated on the City having
completed all planned improvements at these intersections. In the event the City has not completed all
improvements at these intersections, Contractor will proceed to install at the intersections where
improvements ha�e been completed and will finish installation as the City's improvements are
completed. Contractor will seek City's approval of the proofs for each cabinet as outlined in Section 1.3
of this Agreement prior to installation. Upon City approval of the proofed images ("Proofs"),
Contractor shall proceed with printing and installation at the fourteen sites. City is a tax-exempt
organization and no state or local sales taxes or federal excise taxes shall be due pursuant to this
Agreement. City shall supply Contractor with the cei�tificate for use by Contractor in the fulfiliment of
this Agreement in substantially the same form as Exhibit "D," Texas Sales and Use Tax Exemption
Certificate, which is attached and incorporated for all purposes incident to this Agreement.
1.2. Contractor shall provide a budget estimate, on the budget form attached hereto as Exhibit
`B," Budget, which is attached and incorporated for all pui�poses incident to this Agreement, for layout,
printing, fabrication, cabinet preparation and installation of artworks on fourteen City-owned traffic
control cabinets at signalized intersections on East Lancaster in an amount up to EIGHT THOUSAND
DOLLARS AND NO CENTS ($8,000.00), reflecting total costs.
1.3 Contractor and/or the Contract Manager's project manager shall present the fourteen (14)
Proofs to the Fort Worth Art Commission ("FWAC") for review and approval at a regularly scheduled
FWAC meeting.
1.4. Contractor shall be responsible for the payments of all expenses incurred that pertain to
services being performed under this Agreement, including but not limited to Contractor's services, costs
including materials, printing, mailing/shipping charges, cabinet preparation and installation costs,
insurance costs, costs of all travel for Contractor and any other subcontractors, and any additional costs
for the Contractar's agents, consultants, subcontractors or employees necessary for the proper
performance of the services required under this Agreement.
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1.5. Contractor shall make timely payments to all persons and entities supplying labor,
materials, services, or equipment for the performance of this Agreement. THE CONTRACTOR SHALL
DEFEND AND INDEMNIFY THE CITY AND THE CONTRACT MANAGER FROM ANY CLAIMS
OR LIABILITY ARISING OUT OF THE CONTRACTOR' S FAILURE TO MAKE THESE
PAYMENTS. Contractor shall furnish the City an affidavit certifying that all bills relating to seivices ar
supplies used in the performance of this Agreement ha�e been paid, attached hereto as Exhibit "G,"
Affidavit, which is attached and incorporated for all purposes incident to this Agreement.
2. TERM.
This Agreement shall commence upon the date that both the City and Contractor ha�e executed
this Agreement ("Effective Date") and end after City makes payment to Contractor for all services
provided under this Agreement, unless terminated earlier in accordance with the provisions of this
Agreement.
3. COMPENSATION.
The City shall pay Contractor in an amount up to EIGHT THOUSAND DOLLARS AND NO
CENTS ($8,000.00) in accardance with the provisions of this Agreement and the budget outlined in
Exhibit E, as approved by City after proposed by Contractor, for all services performed under this
Agreement, including layout, proofing, printing, fabrication, cabinet preparation and installation of
artworks on fourteen City-owned traffic control cabinets along East Lancaster Avenue. Such payment
shall be made upon receipt of an invoice from Contractor with the original invoice. A retainer fee of up
to fifty percent (50%) is allowed for such services attached thereto. Contractor shall submit a signed
invoice to the City's Contract Manager for payment under this Agreement within fifteen (15) days of
completing services under this Agreement and include all necessary receipts. City shall compensate
Contractor in full in thirty (30) days or less after receipt of Contractor's final invoice and Contractor's
satisfactory completion of the services outlined in Section 1 of this Agreement, as determined by the
Ciiy.
Contractor shall not perform any additional services for the City not specified by this Agreement unless
the City requests and approves in writing the additional costs for such services. The City shall not be
liable for any additional expenses of Contractor not specified by this Agreement unless the City first
approves such expenses in writing. Any additional cost exceptions set forth in Section lof this
Agreement that cause the total Agreement amount to exceed eight thousand dollars and no cents
($8,000.00) shall require an amendment to this Agreement.
4. TERMINATION.
4.1. Convenience. The City may terminate this Agreement at any time and for any reason by
providing the other party with 30 days' written notice of termination.
4.2. Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by the City in any fiscal period for any payments due hereunder, City will notify Contractar of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever, except as to
the portions of the payments herein agreed upon for which funds ha�e been appropriated.
43. Breach. Subject to Section 28 herein, either party may terminate this Agreement for
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breach of duty, obligation or warranty upon exhaustion of all remedies set forth in Section 28.
4.4. Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, the City shall pay Contractor for seivices actually rendered up to the effective date
of termination and Contractor shall continue to provide the City with services requested by the City and
in accordance with this Agreement up to the effective date of teimination. Upon termination of this
Agreement for any reason, Contractor shall provide the City with copies of all completed or partially
completed documents prepared under this Agreement. In the event Contractor has received access to City
information or data as a requirement to perfoi�rn services hereunder, Contractor shall return all City
provided data to the City in a format deemed acceptable to the City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1. Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's
services under this Agreement. In the event that any conflicts of interest arise after• the Effective Date of
this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing.
5.2. Confidential Information. Contractor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City as confidential and shall not disclose
any such information to a third party without the prior written approval of the City.
5.3. Unauthorized Access. Contractor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Contractor shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been compromised, in which event,
Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate with
the City to protect such information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Contractor agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, or the final conclusion of any audit commenced during the said three years, have
access to and the right to examine at reasonable times any directly pertinent books, documents, papers
and records of the Contractor involving transactions relating to this Contract at no additional cost to the
City. Conh�actor agrees that the City shall have access during normal working hours to all necessary
Contractor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. The City shall give Contractor reasonable
advance notice of intended audits.
Contractor further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after iinal
payment of the subcontract, or the final conclusion of any audit commenced during the said three years
have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records of such subcontractor involving transactions related to the subcontract, and further
that City shall have access during normal working hours to all subcontractor facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this paragraph. City shall give subconh•actor reasonable notice of intended audits.
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7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall operate as an independent contractor
as to all rights and privileges and work performed under this agreement, and not as agent, representative
or employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement, Contractor shall have the exclusive right to control the details of its operations and activities
and be solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors and subcontractors. Contractor acknowledges that the doctrine of r�espondeat superior shall
not apply as between the City, its officers, agents, servants and employees, and Contractor, its officers,
agents, employees, servants, contractors and subcontractors. Contractor further agrees that nothing
herein shall be construed as the creation of a partnership or joint enterprise between City and
Contractor. It is further understood that the City shall in no way be considered a Co-employer or a Joint
employer of Contractor or any officers, agents, servants, employees or subcontractors of Contractor.
Neither Contractor, nor any officers, agents, seivants, employees or subcontractor•s of Contractor shall
be entitled to any employment benefits fi•om the City. Contractor shall be responsible and liable for any
and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subcontractors.
8. LIABILITY, INDEMNIFICATION. AND WARRANTIES.
8.1. LIABILITY. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
8.2. INDEMNIFICATION. CONTRACTOR HEREBY COVENANTS AND AGREES
TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY HIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City; however, City expressly grants Contractor the
right to subcontract installation services. If the City grants consent to an assignment, the assignee shall
execute a written agreement with the City and the Contractor under which the assignee agrees to be
bound by the duties and obligations of Contractor under this Agreement. The Contractor and Assignee
shall be jointly liable for all obligations of the Contractor under this Agreement prior to the effective date
of the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written
agreement with the Contractor referencing this Agreement under which the subcontractor shall agree to
be bound by the duties and obligations of the Contractor under this Agreement as such duties and
obligations may apply. The Contractor shall provide the City with a fully executed copy of any such
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subcontract.
10. INSURANCE.
Contractor shall provide the City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1. Covera�e and Limits for Contractor.
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
10.2. Coverage and Limits for Contractor's Subcontracted Engineer.
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Professional Liability
$2,000,000 Each Occurrence
$1,000,000 Aggregate
10.3. General Requirements.
(a) The commercial general liability and professional liability policies shall name the City as
an additional insured thereon, as its interests may appear. The term City shall include its
employees, officers, officials, agents, and volunteers in respect to the contracted services.
(b) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage
shall be provided to the City. Ten (10) days' notice shall be acceptable in the event of non-
payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas
St., Fort Woi�th, Texas 76102, with copies to the City Attorney at the same address.
(c) The insurers for all policies must be licensed and/or 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 ha�e reasonably equivalent financial strength and solvency to the satisfaction of
City's Risk Management. If the rating is below that required, written approval of City's Risk
Management is required.
(d) Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
(e) Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with any work pursuant to
this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES. RULES AND REGULATIONS.
Contractor agrees that in the performance of its obligations hereunder, it will comply with all
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applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces
in connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Contractor of any violation of such laws,
ordinances, rules or regulations, Contractor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-
discrimination covenant by Contractor, its personal repl•esentatives, assigns, subcontractors or successors
in interest, Contractor agrees to assume such liability and to indemnify and defend the City and hold the
City harmless from such claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
City of Fort Worth
Attn: Fernando Costa, Assistant City Manager
200 Texas St. 1000 Signature Drive
Fort Worth TX 76102-6311
Facsimile: (817) 392-8654
With Copy to the City Attorney
At same address
14. SOLICITATION OF EMPLOYEES.
Signature Graphics, Inc.
Attn: David C. Parnell
Porter, Indiana, 46304
Neither the City nor Contractor shall, during the term of this Agreement and additionally for a
period of one (1) year after its termination, solicit for employment or employ, whether as employee or
independent contractor, any person who is or has been employed by the other during the term of this
Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing,
this provision shall not apply to an employee of either party who responds to a general solicitation of
advertisement of employment by either party.
15. GOVERNMENTAL POWERS/IMMUNITIES.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of the City or Contractor to insist upon the perfarmance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
Contractor's respective right to insist upon appropriate performance or to assert any such right on any
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future occasion.
17. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northein District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is 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.
19. FORCE MAJEURE.
The City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are far reference puiposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or e�chibits hereto.
22. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument, which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of e�ibits attached hereto and any documents
incarpor•ated herein by reference, contains the entire understanding and agreement between the City and
Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
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24. COUNTERPARTS AND ELECTRONIC SIGNATURES.
This Agreement may be executed in one or more counterpai�ts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together 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.
25. WARRANTY OF SERVICES.
Contractor warrants that his services will be of a professional quality and conform to generally
prevailing industry standards. Contractor provides a four (4) year warranty on all materials installed at
the Sites listed in Exhibit B in accordance with the 3M manufacturer's warranty stated in E�chibit "F,"
which is attached hereto and incorporated as if copied in full, commencing upon completion of the
installation of the Equipment. In the event that any materials or portion of the materials must be repaired
or replaced due to ineffectiveness, defects in materials, or otherwise, Contractor shall pay all costs of
repair or replacement, including all costs of material, equipment or supplies; travel expenses; and
transportation or shipping costs for replacement material, equipment, or supplies. City must give written
notice of any breach of this warranty section within thirty (30) days from the date that the breach was
actually known to City. Upon notice to Contractor, at Contractor's option, Contractor shall either (a) use
commercially reasonable efforts to re-perform the services in a manner that conforms with this warranty,
or (b) refund all fees paid by the City to Contractor under this Agreement. This warranty section shall
survive any expiration or termination of this Agreement.
27. IMMIGRATION NATIONALITY ACT.
The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which
includes provisions addressing employment eligibility, employment verification, and nondiscrimination.
Contractor shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Contractor shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees, and
upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Contractor shall establish appropriate procedures
and controls so that no services will be performed by any employee who is not legally eligible to perform
such services. Contractor shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Contt•actor shall indemnify City from any penalties
or liabilities due to violations of this provision. City shall ha�e the right to immediately terminate this
Agreement for violations of this provision by Contractor.
28. INFORMAL DISPUTE RESOLUTION.
Except in the eveut of terminatiou pursuant to Section 4.2, if either City or Contractor 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 the matter through this dispute resolution
process. The disputing parly 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 commence the
resolution process and 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)
days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding
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mediation in Tanant County, Texas, upon written consent of authorized representatives of both parEies in
accordance with the Indushy Arbitration Rules of the American Arbitraiion Association or other applicable
ntles goveiti�ing mediation then in effect. The mediator shail be agreed to by the parties. Bach party shall be
liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs
of the mediation. If the pai�ties cannot resolve the dispute through mediation, then either party shall have the
right to exercise any and all re►nedies available under law regarding the dispute. Notwithstanding the fact
that ttie pa��ties may be attempting to resolve a dispute in accordance with this infoimal dispute resalukion
process, ihe parties agree to continue without delay all of their respective duties and obiigations under this
Agreement not affected by the dispute. Either party may, before or during the exercise of the informal
dispute resalution process set forth herein, apply to a court having jurisdiction for a temporary restraining
order or preliminary injunction where such relief is necessary to protect its interests.
29. TIME EXTEN3IONS.
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in tl�is
Agreement.
� ��
IN WITNESS WHEREO�, the parties hereto have executed this Agreemant in multiples this ��� day
of :1 G�� , 20l 7.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By: / �ir�-ta� ��-_
Fernando Costa
Assistant�ity Manager ���'�`�"��;�,
Date: 7'/ 7 '�' �� Jr '' s,
ATTEST: � G�r'''
U' � ,�. _ ,.� �
.; ��
�y: �
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Mrv _ aser �.7� �
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`�d�e��7 ,r._,�j�
CONTRACT AUTHORTZA
M&C: G28028
Date Approved: December 13, 2016
NAME ,
By: 1�
David C. Parnell, S nature Graphics, Inc.
Date:
ATTEST:
��_�1 -- ��,..--�
By:
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CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
; '� � �G� %��1�.��..
Name:`Anne Allen
Title: Public Art Project Manager
APPROVED AS TO FORM AND L�GALITY:
�
l
By: � ���� �;���� �,�
Jessic� Sangsvang
,
Assistant City Attorney II
FORM 1295: 2016-138352
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CERTIFICATE OF INTERESTED PARTIES Foann 1295
iotl
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity £ling form, and the city, state and country of the business entity's place Certificate Number:
of business. 2016-138352
Signature Graphics incs
Porter, IN United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 11l17/2016
being filed.
City of Fort Worth Date Acknowledged:
=�--�1 �� l�
g Provide the identification number used by the governmentai entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
100200
Design, layout, printing, fabrication, cabinet preparation and installation of fourteen unique artworks on City of Fort Worth owned
traffic signal contrnl cabinets along East Lancaster Avenue
Nature of interest
4 Name of Interested Party City, State, Country (place of business} (check applicable)
Controlling Intermediary
Pamell, David Carrollton, TX United 5tates X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or a�rm, under penalty of perjury, that the above discl e and correct.
TURNE�i
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49}? �,�y ppMM. Ef� 0512"d2017
`� w �6 NOTPRY1D12��
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Signature of authorized agent ofi ontracting business entity
AFFIX NOTARY STAMP ! SEAL ABOVE
Sworn to and su6scribed before me, by the said �V � d 1� l� 1� , this the �� day of '9 weM" "
201c _, to certify whiCh, witness my hand and seal of office.
:\�: �Jc,�/ �`l C v a= �
� nature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
Exhibit A: Example of Layout of Traf�c Control Cabinet Artwork
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Professional Services Agreement between City of Fort Worth and Signature Graphics, Inc.
12 Of 21
Execution Copy 2/13/17
Exhibit B: Site
East Lancaster Avenue at Pine Street, Riverside Drive, Beach Street, Collard Street Ayres Avenue,
Sargent Street, Oakland Blvd., Rand Street, Edgewood Terrace, Tierney Road, Weiler Blvd., Canton
Drive, Handley Drive and Sandy Lane (Council Districts 5 and 8)
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�Tr�ffi� ��ntr�) ���it���'Wr,�ps�
Summer 5erenade
Beck, GreRory
p{ne Sltet[
Exhibit C: Art��orks
Ettcroachment
8uafi, Amy
fiivarsidc, witfi a vic�.v of
dawntqwn towarcls Gateway
park and i•9U
;nature Graphics, Inc. Execution Copy 2/13/17
13 of 21
Fon Worfh in rhe 796P"s
Peak, 6eorge
9ea[h SEreet
Dance�
Kelly, 8rendan
Ayres Stre�Estnce il v
t ibrary
7art�s, Aetnando
OaklandAvenue nearthe ne4v �ast
Slde LlbPaxy
STudants with Towers !f3
Foster,Tnrez�
Callard54reet, berause
it's nearestto Rasedale/
8each andTWU and
PbYytethriitHigfi Sthaa!
tody
postell, Mdrew
}irrteWb SareentStrset—�it<anke
b!d SeNoal Mir
Gonzal�r, Chris
ftand 3tr�et
Professional Services Agreement between City ofFort Worth and Signature Graphics, Inc.
14 of 21
Execution Copy 2/13/17
Orange Truck
Robbins,Kim
EdgewaodTerrace
MidnightOwl
Casebaldt, �as�e
Weiler Avenwe near
St. Rita's Catho(icSchool
IaYe`s Trock
Faster, 7ercsa
Handkypme _
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Ye11nw $urr TX
Mcne111-5parks, 5ucanne
Tiemay Road
A Speciode of Cyclists
Haa�, Maria
tanton Briv�
Guitar
Gonzaler, Chriz
SandyLan�
,,.a.._are Graphics, Inc.
1$ Of21
Execution Copy 2/13/17
Exhibit D
oi-aan tuea}
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TEXAS SALES AND USE TAX EXEMPTION CERTiFIGA710N
i, the purchaser named above, daim an exemption trom paymsnt of sates and use taxes (for tfie purohase of taxabie
items described befow or on the aitached order or invoice} from:
Selter�
Street address:
Descciptlon at ilems to be purchased or en ihe atlached order or invoice:
All ifems except motor vehtcles as listed betow
Purchaser claims this exemptio� tor the following reaso�:
Municipality, Governmentaf Entity
City, State, 2I�' code:
I understand that I will ke liable for payment of all state and Iocal sales or use taxes whtch may bemme due tot failure to compty with
ihe provisions nf Ihe iaz Coda and/or a!I apptipble law.
t unJorstnnd thaf it ts a cnminal offensm togiva an axemption c¢rtitcata Co the seBer7nrtaxabfo items fhat t know, at thv timo o/purchasa,
v.�ilt be used irt Amannerotherfhanlhat expressod in fhis cadifiaate, and depending onllia nmouttt aJtflx avedad, Gie olf�ttstr mey rcan�e
tram n Glass C misdomaanorto a felonyoff/to secarad �legree.
��ge' r�l.�.��% I Financs �irectorlCFO I March 23, 2015
y
NOT�: This cedificate canoot be issued (pr the purchase, tease, or rental ai a motor vehiele.
THlS CERTlFtCATE OOES NOT REQUlR� A NUMBER TO BE VALID.
Safes and Use Tax "Exemption Numbers" or "Tax �xempt" Numbars do ttot exisl.
This certifrcate should be furnished to Iho suppiier. Do not send thrt completed terfificple !o ihe Comptraller of Pubflc Acconnts.
Professional Services Agreement between City of Fort Worth and Signature Graphics, Inc. Execution Copy 2l13/17
16 of 21
i
Exhibit E
BUDGET
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A�►A(Nf&TRATIYE EXPEtd&ES
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jlf �r��nbfp, drastin.� re�ia�t Le si�n�d �ra� �a�led 6�r ��;rofa�si�a! r��is'cred do �acts;�:�
in ti�a �a�t?,-,# 7ak,3.=,t
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c��iponents hoitn per a�r�:l c��yi �rs�iiix�iesj
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Professional Services Agreement between City of Fort Worth and Signature Graphics, Inc. Execution Copy 2l13/17
17 Of 21
TRANSPORTATION
BASEIMOUNTING
Materials to FabricAtion Site'
Finished Work to Install�tion Site"
Ofher'
Base
M14ounting Devices and Components
FoundationlFooting
Other
INSTALLATION COSTS
(Costs must indude allotivance fur after hours installation, if applicabie_ Please attacfi A
complete list of equipment and individuat esfimates �vith this form)
Subcontrocted Labor'
Scaffolding`
Equipment Rental related to installaiion'
Off-duty Palice(Security`
Traffc Brarriers`
Storage Facility Rental`
City Permits
Dispiay Devices
Fireproofing'
Site Resforation"
Other'
LIGHT[NG
GRAND TOTAL
Please make any necessary notes here:
Prepared By:
Date:
Designers`
Fi�ures"
Bulbs'
Site Preparation`
Installatian'
(Revisec! AAay 20 t 1)
Professional Services Agreement between City ofFort Worth and Signature Graphics, Inc. Execution Copy 2/13/17
18 Of 21
Exhibit F
3M Manufacturer's Warranty
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Professional Services Agreement between City of Fort Worth and Signature Graphics, Inc. Execution Copy 2/13/17
19 of 21
Professional Services Agreement between City of Fort Worth and Signature Graphics, Inc.
20 of 21
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Exhibit G
AFFIDAVIT
AFFIDAVIT OF BILLS PAID
Date:
Affiant (Artist):
Purchaser (City of Fort Worth):_
Property (Artwork Site):
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 design, engineering, purchase, and installation of Equipment for the System at
the Site pursuant to the contract executed between Affiant and the City of Fort Worth (City Secretary
Contract Number ). Affant is not indebted to any person, firm, or corpot�ation by
reason of any such construction. There are no claims pending for personal injury and/or property
damages.
Affiant (as listed in contract):
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the
day of , 20
Notary Public, State of Texas
Print Name
Commission Expires
Professional Services Agreement between City of Fort Worth and Signature Graphics, Inc. Execution Copy 2/13/17
21 of 21
M&C Review
• � �' �
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT�Ii
COUNCIL ACTION: Approved on 12/13/2016
REFERENCE ** 06EASTLANCASTER
DATE: 12/13/2016 N� : C-28028 LOG NAME: TRAFFIC CONTROL CABINET
PUBLIC ART PROJECT
CODE: C TYPE: CONSENT PUB��C NO
HEARING:
SUBJECT: Authorize Execution of a Professional Services Agreement with Signature Graphics, Inc.,
in the Amount of $8,000.00 for Design Layout, Printing, Fabrication, Cabinet Preparation
and Installation of Fourteen Unique Artworks on City of Fort Worth Traffic Signal Control
Cabinets Along East Lancaster Avenue (COUNCIL DISTRICTS 5 and 8)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Professional Services Agreement
with Signature Graphics, Inc., in an amount of $8,000.00 for design layout, printing, fabrication,
cabinet preparation and installation of fourteen unique artworks on City-owned traffic signal control
cabinets along East Lancaster Avenue.
DISCUSSION:
The concept of utilizing traffic signal control cabinets as "canvases" to showcase the work of local
artists along the East Lancaster Corridor was included in the East Lancaster Public Art Plan by artist
Jack Mackie. An Open Call was issued to local artists inviting them to submit images of existing
artwork on any of the community-chosen themes:
• Transportation (bus, pedestrian, bicycle, train, airplane);
• Library (i.e. reading, research, education);
• History of Fort Worth' s East Side, including Route 66, Bankhead Highway, landmarks, music halls;
• Schools on the East Side;
• Recreation; and
• Environmental Stewardship.
License Agreements will be signed with multiple local artists selected from the Open Call, and artwork
will be installed on the signal control cabinets at the intersections of Pine Street, Riverside Drive,
Beach Street, Collard Street, Ayres Avenue, Sargent Street, Oakland Boulevard, Rand Street,
Edgewood Terrace, Tierney Road, Weiler Boulevard, Canton Drive, Handley Drive and Sandy Lane.
Artwork images will be fabricated using readily available signage manufacturing technology (graffiti
resistant, adhesive vinyl film media) with a warranted life span of at least 4 years. The Weiler
Boulevard, Canton Drive, and Handley Drive cabinets are located in Council District 5. All other
cabinets are in Council District 8.
Art Commission Actions: The Selection Panel' s recommendation of 14 images and one alternate
were approved by the Art Commission on June 13, 2016. The recommended locations for each
image were reviewed by Council Members Bivens and Allen Gray on August 5, 2016. The Art
Commission approved the fabricator selection process on October 10, 2016. An Open Request for
Proposals was issued, and Signature Graphics, Inc., submitted the lowest bid proposal and was
found to be responsive and highly qualified for the project.
This project is included in the Fort Worth Public Art Fiscal Year 2017 Annual Work Plan, which was
adopted and for which funds were appropriated by City Council on October 25, 2016, as M&C G-
http://apps.cfwnet.org/council�acket/mc review.asp?ID=24146&councildate=l2/13/2016 3/9/2017
M&C Review
18867.
Page 2 of 2
Project budget and funding sources are as follows:
M/WBE OFFICE - The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent
of total capital project dollars expended on public art annually.
This project is located in COUNCIL DISTRICTS 5 and 8(Mapsco 778, C, D; 78E, F, G, H; 79E, F, G,
M; and 80J, K, L). Council Members Gyna Bivens and Kelly Allen Gray concur with the Fort Worth Art
Commission's recommendation to implement this project.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the 2007 Critical Capital Needs and in the
Public Art Fund, for the East Lancaster Traffic Signal Control Cabinet project. Existing appropriations
in the project are $28,500.00 with no expenditures.
Fund
FROM
Fund
Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Form 1295 notarized.pdf
Fernando Costa (6122)
Randle Harwood (6101)
Martha Peters (298-3025)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=24146&councildate=l2/13/2016 3/9/2017