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HomeMy WebLinkAboutContract 33408 CITY SECRETARY CONTRACT NO. AGREEMENT FOR DESIGN OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND LETITIA HUCKABY This Agreement ("Agreement"), entered into this ' i day ofqla_LL 2006, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (the "City"), acting by and through Libby Watson its duly authorized Assistant City Manager and LETITIA HUCKABY (the "Artist"), residing at 1552 Roma Lane, Fort Worth, Texas 76134. The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, INC., (the "Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through Martha Peters, its designated Public Art Director. WHEREAS, the City Council has appropriated funds from the Public Art Program Funds in the Specially Funded Capital Projects Fund for the design and placement of works of art at, in, or near the ELLA M. SHAMBLEE BRANCH LIBRARY, 959 East Rosedale, Fort Worth, TX, 76104, more particularly described in the"Preliminary Proposal"attached hereto as Exhibit "A" (the "Site"); and, WHEREAS, the Artist was selected by the City through a selection process conducted by the Contract Manager with oversight of the Fort Worth Art Commission to design, fabricate and install two (2) three-dimensional works of art (collectively, the "Artwork"), more particularly described as: (1) An exterior wall mounted artwork in durable media incorporating historic and contemporary photographic imagery of the community along with text panels placed in the configuration of a patchwork quilt; and, (2) A "river" created by elements laid into the floor and incorporated into the plaza and interior floors that will "flow" through the library terminating near the exterior reading garden at the site; and, WHEREAS, the City and the Artist wish to set out the terms and conditions under which said Artwork shall be designed in order to promote the integrity of the Artist's ideas and statements as represented by the Artwork; NOW, THEREFORE, the City and Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: Page 1 of 11 ARTICLE 1 SCOPE OF SERVICES 1.1. General. 1. The Artist shall perform the following services: a. Finalize the design of the Artwork, in substantial conformity to the Preliminary Proposal, to reflect the community's cultural heritage. b. Select experienced and qualified fabricator(s) to execute the Artwork by obtaining material samples/examples of comparable work by selected fabricator(s) and obtaining written estimate(s). c. Consult with the City's Construction Manager-At-Risk, Thos. S. Byrne, regarding the feasibility of any modifications to the building's design to accommodate the Artwork, including site preparation(e.g., surface treatments, leave outs, etc.), installation of Artwork, if applicable, and lighting requirements, which must be covered by the Artist's budget, and obtain written cost estimates. d. Provide a detailed budget estimate on the form, attached hereto as Exhibit "B," reflecting total costs and contingency not to exceed $96,000, inclusive of fabrication, delivery, installation, insurance, and all associated costs. e. Present the final design of the Artwork at a meeting(s) to be arranged by the City in order to get feedback from the community and the Library Department. f. Present the final design of the Artwork to the Fort Worth Art Commission. 2. Within two (2) months after the execution of this Agreement, Artist shall furnish all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.1.2a-e (collectively, the "Final Design"), to the City for approval The Final Design is subject to approval and acceptance by the City as set forth in this Agreement. The Final Design shall consist of the following: Page 2 of 11 ��l cv'tIL-2rS a. Final design illustrations for the Artwork no larger than 20" x 30", as well as material or fabrication samples and/or prototype models, for all elements of the Artwork that shows its size and placement in relation to the Site, as appropriate. b. Final written narrative describing (1) the final design for Artwork, (2) fabrication and installation methods, (3) the maintenance requirements dictated by the subcontractor fabricator or a qualified art conservator, and (4) the responsibilities of any subcontractors and the Construction Manager-At- Risk. c. Final budget form with written estimates attached for Artwork provided by subcontractors of the Construction Manager-At-Risk. d. Final design drawings to be used for fabrication and incorporation into City's construction documents. This may include both scale drawings and renderings in electronic format. e. Comprehensive working drawings detailing the means of installing the Artwork on the site, together with such other graphic material as may be requested by the City in order to permit the City to carry out structural design review and to certify compliance of the Artwork with applicable statutes, ordinances and regulations 3. Upon request by the Artist, the City, the Site architect, engineer and/or project manager shall promptly furnish all information, materials, and assistance required by the Artist in connection with said submission to the extent such materials are available. The City, upon request, shall also provide correct scaled drawings of the site, if available. 1.2. Proposal Selection. City and Artist acknowledge that the Artist's Preliminary Proposal as reviewed and recommended by the Fort Worth Art Commission is the basis for executing this Agreement with the Artist. 1.3 Budget Total. Artist's finished design shall include a budget for the complete design, fabrication, Page 3 of 11 - ' delivery and installation of the Artworks and lighting for a total not to exceed NINETY- SIX THOUSAND DOLLARS AND NO CENTS($96,000). 1.4. Design Review. a. The City may require the Artist to make such revisions to the Preliminary Proposal or the Final Design as are necessary for the Artwork to comply with applicable statutes, ordinances or regulations of any governmental regulatory agency having jurisdiction over the Final Design Site for reasons of safety and security. b. The City may also request revisions to the Preliminary Proposal for other practical, non-aesthetic, reasons. C. Within thirty (30) days of its receipt of the Artist's submission of the Final Design, the City shall notify the Artist of its approval, or disapproval, of such submission and of each revision made in the Proposal. Revisions made pursuant to this Section 1.4, upon approval by the City, shall become part of the Final Design. d. If the Final Design or any required revision is disapproved by the City, the Artist shall have thirty (30) days to resubmit the Final Design in conformance with the City's requirement. e. If resubmitted materials are not approved by the City this contract may be terminated at the City's option, with payment per the payment schedule in Section 2.1.f. If the Final Design is accepted by the City, this Agreement shall terminate upon final payment to the Artist for his design services and negotiations for fabrication, delivery and installation of the Artwork shall commence. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artist a fixed fee of TEN THOUSAND DOLLARS AND NO CENTS ($10,000)("Fee"), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement. The Fee shall be paid in the following installments, expressed as percentages (or portions) of the Fee, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: Page 4 of 11 a. Ten percent (10%) upon execution of this Agreement, recognizing the Artist has already invested time and expense in preliminary design coordination with the City and its consultants. b. Forty Nrcent (40%) within thirty (30) days after Artist provides the services outlined in Section 1.1.1.a.-d. c. Forty percent (40%) within thirty (30) days after the Artist provides the services outlined in Section l.l.l.e.-f and submits the deliverables outlined in Section 1.1.2.a.-d. d. Ten percent (10%) within thirty (30) days after City notifies the Artist of its approval of detailed design drawings, working drawings and other items required under Section 1.1.2. 2.2. Sales Taxes. The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Artwork. The City shall supply Artist with the "Texas Sales Tax and Local Sales Tax Exemption Certificate", in substantially the same form as that attached hereto and incorporated herein as Exhibit"C." 2.3. Artists' Expenses. The Artist shall be responsible for the payments of all mailings or shipping charges, including insurance, on submissions to the City and the costs of all travel by the Artist, except as otherwise provided, and the labor costs for Artist's agents, subcontractors, and employees necessary for the proper performance of the services required under this Agreement. Page 5 of 11 N v I U Y '� ARTICLE 3 REPRODUCTION RIGHTS 3.1. General. a. Artist's final design and all other work products under this Agreement shall become the property of the City, without restriction on future use, except as provided below. Artist may retain copyright and other intellectual property rights in and to the final design. By execution of this Agreement, Artist grants to the City a perpetual, irrevocable license to graphically depict or display the final artwork for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the final artwork intended to promote or benefit the City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by the City, shall be deemed a non-commercial purpose. Notwithstanding the above limitation, Artist agrees and understands that nothing in this paragraph shall affect or limit the City's absolute, unrestricted rights incidental to the City's full ownership of the final artwork to alter, change, modify, destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in whole or in part, the final artwork when the City deems it necessary within its discretion, in order to otherwise exercise the City's powers and responsibility in regard to public works and improvements, in furtherance of the City's operations or for any other reason. b. The City shall take title to all documents and/or drawings, which constitute or are components of the Preliminary Proposal and the Final Design, upon final approval of the Final Design. These documents and/or drawings will be retained for archival and exhibition purposes. c. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of this Preliminary Proposal and Final Design, except as those rights are limited by this Agreement. The City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Preliminary Proposal Final Design and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "©date, Artist's name." 3.2. Artist's Address. The Artist shall notify the Contract Administrator of changes in Artist's address. Page 6 of I I 3.3. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of the Artist. ARTICLE 4 ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. The Artist shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between the City and the Artist. ARTICLE 5 INDEMNIFICATION The Artist agrees to defend, indemnify and hold the City, its officers, agents, servants and employees, harmless against any and all claims, lawsuits, actions, costs and expenses of any kind, including but not limited to, those for property damage or loss (including alleged damage or loss to Artist's business and any resulting lost profits) and/or personal injury, including death, that may relate to, arise out of or be occasioned by (i) the Artist's breach of any of the terms or provisions of this Agreement or (ii) any negligent act or omission or intentional misconduct of the Artist, its officers, agents, associates, employees, contractors or subcontractors, related to this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the City or its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the Artist and the City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the state of Texas, nothing herein shall be construed as a waiver of the City's governmental immunity as further provided by the laws of Texas. ARTICLE 6 MISCELLANEOUS 6.1. Compliance. f6vV 'D Page 7ofII vIUY �, I.,J The Artist shall comply with all Federal, state and local statutes, ordinances and regulations applicable to the performance of the Artist services under this Agreement. 6.2. 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. 6.3. Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of the City. 6.4. 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. 6.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 6.6. Successors and Assigns. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective successors and permitted assigns. Page 8 of 11 6.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of the City and the Artist, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 6.8 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. 6.9. 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. 6.10. 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. 6.11. Fiscal Funding Out. If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to the Artist of written notice of the City's intention to terminate or(ii)the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. Page 9 of I 1 ��� 6.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. ARTICLE 7 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Libby Watson,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Public Art Director Arts Council of Fort Worth& Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST LETITIA HUCKABY 1552 Roma Lane Fort Worth, Texas 76134 [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Page 10 of 11 �tl�r fU •:1�. U�li �G.o IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH Libby Watk6n Assistant City Manager ARTIST I is Huckaby APPROVED AS TO FORM: ATTESTED BY: r'� earn Guzman Marty Hen Assistant City Attorney Cityrr��S��errcr��etary 4 uod T C5 Contract Authorization q)U�L 2r Dat Page 11 of 11 i I of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/20/2005 DATE: Tuesday, September 20, 2005 LOG NAME: 03HUCKABYART REFERENCE NO.: C-21013 SUBJECT: Approval of Artwork Design Contract and, Upon Design Approval, Approval of Subsequent Artwork Contract with Letitia Huckaby for an Integral Artwork for the Ella M. Shamblee Branch Library Incorporating Historic and Contemporary Photographic Images of the Community in the Evans and Rosedale Business and Cultural District RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a Design Contract with Letitia Huckaby for design development of an integral artwork to be located at the Ella M. Shamblee Branch Library, in an amount not to exceed $10,000; and 2. Authorize the City Manager to enter into a subsequent Artwork Contract with Letitia Huckaby, upon final design approval by the City, for fabrication, delivery, installation, artist's fees and associated costs for the integral artwork to be located at the Shamblee Branch Library, in an amount not to exceed $96,000. DISCUSSION: On August 15, 2005, the Fort Worth Art Commission (FWAC) recommended that the City of Fort Worth commission Letitia Huckaby to develop a design concept and, upon final design approval, commission the artwork for the Ella M. Shamblee Branch Library in the Evans and Rosedale Business and Cultural District. Letitia Huckaby's design concept was the result of a collaborative process with the project consultant (Stanley Love — Stanley), with input from the community. The artwork will incorporate historic and contemporary photographic imagery of the community, along with text panels placed in the configuration of a patchwork quilt. The images and text will be fabricated in a durable, permanent material and installed on an exterior wall at the main entrance of the library. Also, a symbolic "river" will be incorporated into the concrete plaza and interior floors that will flow through the library, terminating in the exterior reading garden. Because Urban Villages are recommended as public art sites in the Fort Worth Public Art Master Plan (adopted by Council in September 2003) and because this project is not part of the 2004 Capital Improvement Program (CIP), and thus not eligible for 2004 CIP public art funding, the FWAC proposes to use monies from the annual set-aside of Water Department capital project public art funds for this project. The Arts Council is also currently developing a draft Long-Range Public Art Plan for Water Funds, which is anticipated to be presented for Council approval in November 2005. This plan will recommend that all City facility projects not funded in the 2004 CIP, nor eligible for 2004 CIP public art funds, be allocated an amount equivalent to 2% of the project's total design and construction cost for public art. It will be proposed that capital improvement funds from the Water public art funds be used to pay for this 2% equivalent. _Project Background On May 5, 2004, the FWAC recommended that a group of artists become involved in a design charette for http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/21/2006 Page 2 of 2 the new library and public health center being planned for the Evans and Rosedale Business and Cultural District that was to produce a design that conceptually and visually unites the campus and Urban Village and reflects the history and culture of the neighborhood. In June 2004, a Request For Qualifications (RFQ) was sent to 48 metroplex and Texas-based artists identified by the Art Commission and community stakeholders, as well as Arts Council and City staff as potential participants in the charette. Fifteen artists responded to the RFQ. The artist selection panel, including FWAC Commissioner, Anitra Blayton, members of the City's project consultant team and the community, short-listed five artists: James Cleveland, Anita Holman Knox, Letitia Huckaby, Floyd E. Newsum, Jr. and Rudy Eastman. The Art Commission then reviewed the qualifications of the short-listed artists and recommended them as co- facilitators of an Evans and Rosedale Community Workshop on August 21, 2004. Based on the artist's past work and participation in and contributions to that Community Workshop, the project consultant (Stanley Love-Stanley) selected Letitia Huckaby as the design team artist for the Shamblee Branch Library public art project. This project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/Account/C enters FROM Fund/Account/Centers 1.1 $10,000.00 C291 531200 038980022630 2.1 96 C291 541200 038980022680 000.00 Submitted for City Manager's Office_b)t: Libby Watson (6183) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Sandy Oliver (7371) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/21/2006