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Contract 32083
CITY SECRETARY CONTRACT NO . AGREEMENT FOR COMMISSION AND INSTALLATION OF PUBLIC ART WORK BETWEEN THE CITY OF FORT WORTH AND DONALD LIPSKI This Agreement, entered into thisVh -T day of 2005, is by and between the City of Fort Worth, a municipal corporation, located in Tarrant, Denton and Wise Counties, Texas, (the "City") acting by and through Libby Watson, its duly authorized Assistant City Manager and DONALD LIPSKI (the "Artist") with studios at 81 HAMPTON STREET, SAG HARBOR, NEW YORK 11963. The City has designated the ARTS COUNCIL OF FORT WORTH & TA.RR.ANT COUNTY, Inc., (the "Contract Manager") to manage this AGREEMENT on its behalf. WHEREAS, funds from the CITY OF FORT WORTH PUBLIC EVENTS DEPARTMENT and its FORT WORTH CONVENTION CENTER Facility (the "City Facility") have been allocated for the selection, design and placement of works of art at, in or near said City Facility; and, WHEREAS, the Artist was selected by the City through a selection process conducted by the Contract Manager with the recommendation of the Fort Worth Art XIA Commission and City Council authorization (M&C C-19978) to , execute, fabricate and install a three-dimensional work of art entitled, TEXAS STAR, more particularly described as a 26' diameter suspended sculpture composed of hundreds of felt cowboy hats attached to a metal star-shaped armature (the "Work"), for the 12t" Street lobby of the Fort Worth Convention Center, 1201 Houston Street, Fort Worth, TX, 76102, more particularly described in Exhibit"A" hereto (the "Site"); and, WHEREAS, the City and the Artist wish to set out the terms and conditions under which said Work shall be executed, fabricated and installed; 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: Pace 1 of 70 ARTICLE 1 SCOPE OF SERVICES 1.1. General. a. The Artist shall perform all services and furnish all supplies, materials, and equipment as necessary for the execution, fabrication, transportation and installation of the Work at the Site (see Section 1.4 of this Agreement). b. The Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work. The location at the Site in which the Work shall be installed has been mutually agreed upon by the City and the Artist. C. The Artist shall install the Work on dates and at times mutually agreed upon by the Artist and the City (see Section 1.4.a of this Agreement). d. The Artist acknowledges the efforts of the City and the Arts Council of Fort Worth to publicize and promote the hat collection drive, which began on January 1, 2005. The Artist shall be responsible for acquiring any hats for the completion of sculpture in the event that there is a shortfall in the number of donated hats. It is the understanding of the Artist that the City and Arts Council ("Arts Council") shall provide all donated and previously purchased hats to the Artist. The Artist will arrange for pick up from the Arts Council of Fort Worth located at 1300 Gendy Street, Fort Worth, Texas 76107 and delivery of hats to the Site at a mutually agreed upon time. e. The Artist acknowledges that the City and Arts Council collected and accessioned all donated hats. The Artist shall diagram individual hats as attached to the sculptural armature upon assembly, as indicated by the accession number designated by the Arts Council, and labeled on the inside brim of each hat. The City and the Arts Council in consultation with the Artist shall determine the future public format for display of information with regard to hats used in the sculpture. Pa ce 2 of M { 5 1.2. Artist Selection. a. City and Artist acknowledge that the Artist's Design, attached hereto as Exhibit "B" has been reviewed and approved by the Fort Worth Convention Center Steering Committee and the Fort Worth Art Commission as the basis for executing this Contract with the Artist. b. City and Artist agree that the contract amount of TWO HUNDRED SIXTEEN THOUSAND DOLLARS AND NO CENTS ($216,000) shall be full compensation to Artist for the completion of the Work as proposed, inclusive of , execution, fabrication, transportation, installation, insurance, incidental costs, contingency and Artist's fees. 1.3. Execution of the Work. a. Upon execution of this contract, Artist shall promptly furnish to the City a schedule and installation plan for the completion of the fabrication of the Work, including a schedule for the submission of progress reports, if any. After written approval of the Artist's schedule and installation plan by the City, the Artist shall install the hanger, fabricate (off site), transport, fabricate (on site) and install the Work in accordance with such schedule. Schedule changes may be accomplished by written agreement between the Artist and the City. b. The City shall have the right to review the Work at reasonable times during its fabrication. The Artist shall submit to the City progress reports in accordance with the schedule provided for in Paragraph a. of this Section. C. The Artist shall complete the fabrication of the Work in substantial conformity with Exhibit "B" hereof. However, Artist may present to the City, in writing for further review and approval, any significant changes in the scope, design, color, size, material, or texture of Pa ue 3 of 20 the Work not in substantial conformity with Exhibit `B". City, in light of Exhibit`B," shall determine whether a significant change, is approved. 1.4. Delivery and Installation. a. The Artist shall notify the City in writing when ready to proceed with installation of the hanger and when off-site fabrication of the work is completed and is ready for its delivery, fabrication and installation at the Site. Delivery and installation are tentatively scheduled for July 18-July 28, 2005 as coordinated with the City Facility and the Artist. Artist must coordinate changes to this schedule with the City Facility. b. The Artist shall install the hanger and shall deliver, fabricate and install the Work at the Site in compliance with the schedule approved pursuant to Section 1.4; provided, however, that delivery and installation activities may not commence until written permission is delivered to the Artist by the City(see Section 3.2. of this Agreement). C. The City shall not be responsible for labor and equipment to prepare the Site for the installation of the Work. The City shall provide stanchions to rope off the perimeter of the work site in the 12,1' Street lobby during installation. d. The Artist shall take all necessary precautions to protect and preserve the integrity and finish of adjacent building surfaces while delivering and installing the Work. The Artist shall repair any damage to the building due to his negligence or the negligence of his subcontractor. e. Prior to installation of the Work, the Artist shall provide to the City written instructions for appropriate maintenance and preservation of the Work from a qualified conservator and shall complete the Technical and Maintenance Record Form attached hereto as Exhibit"C". 1.5. Post-installation. a. Within thirty (30) days after the installation of the Work, the Artist shall furnish the City with the following images/documentation of the Work as installed: Pape 4 of 70 1. Two (2) 4 x 5 transparencies of the sculpture in situ from different viewpoints; and, 2. Five(5) digital images of the sculpture in situ, taken from five different viewpoints; and, 3. One(1) copy of video documentation of the installation. b. The Artist shall be available at such time or times as may be agreed between the City and the Artist to attend any inauguration or presentation ceremonies relating to the transfer of the Work to the City. The City shall use its best efforts to arrange for publicity for the completed Work in such art publications and otherwise as may be determined between the City and the Artist as soon as practicable following installation. 1.6. Final Acceptance. a. The Artist shall advise the City in writing when all services required prior to those described in Section 1.6 have been completed in substantial conformity with Exhibit "B" hereof Included in such notice from the Artist shall be an affidavit certifying that all bills relating to services or supplies used in the performance of this Agreement have been paid. b. The City shall notify the Artist in writing of its final acceptance of the Work. C. Final acceptance shall be effective as of the earlier to occur of (1) the date of the City's notification of final acceptance; or, (2) the 35th day after the Artist has sent the written notice to the City required under Section 1.6 (a) unless the City, upon receipt of such notice and prior to the expiration of the 35-day period, gives the Artist written notice specifying and describing the services which have not been completed. Page 5 of 2(1 V C t w 1.7. Risk of Loss The risk of loss or damage to the Work shall be borne by the Artist prior to final acceptance or seven (7) days from the date that the City receives formal notice that the installation is complete, whichever occurs first, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance, including but not limited to the purchase of property loss insurance; except that the risk of loss or damage shall be borne by the City prior to final acceptance during such periods of time as the partially or wholly completed Work is in the custody, control or supervision of the City or its agents for the purposes of moving, storing, or performing any other ancillary services to the Work. 1.8. Title. Title to the Work shall pass to the City upon final acceptance. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artist a fixed fee of TWO HUNDRED SIXTEEN THOUSAND DOLLARS AND NO CENTS ($216,000), 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 such fixed fee, each installment to represent full and final, non- refundable payment for all services and materials provided prior to the due date thereof: a. Tweply percent (20%) upon execution of this Agreement and approved completion schedule (see Section 1.3(a)of this Agreement) b. Thigy percent (30%) upon submission by Artist of a notice to proceed, which includes a copy of agreements between the Artist and Juno and RJ Miller, or acceptable substitutes, for subcontractor services. C. ThiM percent (30%) upon Artist notification to the City that the Artwork assembly is 50% complete. The Artist may, at the City's request provide photographic documentation (1.4.a) Pane 6 of 9.0 `'.;t.; `:X,. iErr' 1,C 0U C3 n d. Twenly percent (20%) within thirty-five (35) days after final acceptance and receipt by City of Artist's required documentation concerning payment of services. Said documentation includes but is not limited to maintenance information, hat diagram, and final M/WBE paperwork_(see Section 1.6 (a)of this Agreement). Provided, however, that final delivery shall not be tendered prior to the expiration of thirty (30) days after final acceptance. 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 Work. The City shall supply the Artist the "Texas Certificate of Exemption"; in substantially the same form as that attached hereto and incorporated herein as Exhibit"D" for use by Artist in acquiring materials and supplies for the Work. 2.3. Artist's Expenses. The Artist shall be responsible for the payments of all expenses associated with performance of this Agreement, including but not limited to, all mailings or shipping charges, including insurance, on submissions to the Contract Manager, the costs of transporting the Work to the Site and the costs of all travel by the Artist, and the labor costs for Artist's agents and employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3 TUVIE OF PERFORMANCE 3.1. Duration. The services to be required of the Artist set forth in Article 1 of this Agreement shall be completed in accordance with the schedule for completion of the Work as proposed by the Artist and approved by the City pursuant to Section 1.3.a.; provided, however, such time limits may be extended or otherwise modified by written agreement between the Artist and the City. 3.2. Early Completion of Artist Services. The Artist shall bear any transportation and storage charges incurred from the completion of his or her services prior to the time provided in the schedule for delivery. Pane 7 of 9.0 ARTICLE 4 WARRANTIES 4.1. Warranties of Title. The Artist represents and warrants that: a. The Work is solely the result of the artistic effort of the Artist; b. Except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any copyright; C. The Work, or a duplicate thereof, has not been accepted for sale elsewhere; and, d. The Work is free and clear of any liens from any source whatever. 4.2. Warranties of Quality and Conditions. The Artist represents and warrants, except as otherwise disclosed to the City in writing in connection with submission of the Design pursuant to Section 1.2, that: a. The execution and fabrication of the Work will be performed in a workmanlike manner; b. The Work, as fabricated and delivered, will be free of defects in material and workmanship, including any defects consisting of "inherent vice" or qualities which cause or accelerate deterioration of the Work; C. Reasonable maintenance of the Work will not require procedures substantially in excess of those described in the final Page 9 of 70 maintenance recommendations to be submitted by the Artist to the City under Section 1.4 of this Agreement. The warranties described in this Section 4.2 shall survive for a period of one (1) year after final acceptance of the Work. The City shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards, including but not limited to, cure by means of repair or refabrication of the Work, or any portion thereof. ARTICLE 5 INSURANCE 5.1. General. The Artist and his subcontractors shall carry applicable insurance as set out in Exhibit "E". Except as provided in Section 1.7 hereof,the risk of damage to or loss of the Work during fabrication and installation, but prior to final acceptance by the City, shall be solely that of the Artist. This risk shall transfer to the City and shall no longer be the responsibility of the Artist upon final acceptance of the Work, or seven(7)days from the date that the City receives formal notice that the installation is complete, whichever occurs first. 5.2. Performance Bonds. The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. ARTICLE 6 COPYRIGHT 6.1. General. The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. §§ 101 et. seq., and all other rights in and to the Work except as such rights are limited by this Section 6. Pane 9 of 20 In view of the intention that the Work in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, two-dimensional reproductions of the final Work, nor shall the Artist grant permission to others to do so except with the prior written permission of the City. The Artist grants to the City and it assigns an irrevocable license to make two-dimensional reproductions of the Work for any municipal purpose, including, but not limited to, reproductions used in advertising, brochures, stationery, media publicity, and catalogues or other similar publications. 6.2. Notice. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "©Artist's name, date of completion." 6.3. Credit to City. The Artist shall use his or her best efforts to give a credit reading substantially, "an original Work owned and commissioned by the City of Fort Worth" in any public showing of reproductions of the Work which are under the Artist's control. ARTICLE 7 ARTIST'S RIGHTS 7.1. Identification. The Contract Manager shall, at its expense and in consultation with Artist, prepare and install at the Site, a plaque identifying the Artist, the title of the Work, and the year of completion. 7.2. Repairs and Restoration. a. The City shall have the right to determine, when and if repairs and restorations to the Work will be made. During the Artist's lifetime and to the extent practicable, the City shall give the Artist the right to approve all major repairs and restorations; provided, however, the Artist shall not unreasonably withhold approval for any repair or restoration of the Work. Should Artist unreasonably withhold approval of any intended major repair or restoration, the City shall have the right to make such repair or restoration. To the extent practicable, the Artist, during the Artist's lifetime, shall be given the opportunity to make or Pace 10 of 20 personally supervise major repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist shall agree in writing, prior to commencement of any significant repairs and restorations, upon the Artist's fee for such services. Should the Artist fail to agree to make or supervise the repairs and restorations, the City shall have the right to choose another entity or person to assist with the restoration and/or repairs or make said repairs by the City. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. C. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, 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. 7.3. 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 building or structure, the 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. 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, the Artist may be given written notice and 90 days to remove the Work at his or her sole expense. Upon Artist's failure to remove the Work, the City shall have the right to remove and dispose of the Work by any means, including its destruction. C. The City agrees that it will not willfully destroy, damage, or modify the work, except as provided in paragraphs a. and b. above. Pace 11 of?0 d. In the event the Work is substantially damaged or altered, the City shall no longer represent the Work as that of the Artist if the Artist gives written notice to the City that it is the position of the Artist to deny authorship on the grounds stated in this paragraph. e. The City shall at all times have the right to move the Work, or remove it from public display. The City shall also have the right to sell or trade the Work. 7.4. Permanent Record. The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Work. 7.5. Artist's Address. The Artist shall notify the City of changes in this address. The failure to do so, if such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of the right subsequently to enforce these provisions of Article 7 that require the express approval of the Artist. Notwithstanding this provision, the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist's rights. 7.6. Additional Rights and Remedies. Nothing contained in this Article 7 shall be construed as a limitation on such other rights and remedies available to the Artist under the law, which may now or in the future be applicable. ARTICLE 8 ARTIST AS AN INDEPENDENT CONTRACTOR The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the City. The Artist shall not be supervised by any employee or official of the City nor shall the Artist exercise supervision over an employee or official of the City. Pape 1?. of?.0 ARTICLE 9 SUBCONTRACTING 9.1. Subcontracting by Artist. The Artist may subcontract portions of the services to be provided hereunder at the Artist's expense, provided that said subcontracting shall not affect the design, appearance or visual quality of the Work and shall be carried out under the personal supervision of the Artist. Any subcontract entered into under this Agreement shall be expressly subject to the terms of this Agreement. ARTICLE 10 TERMINATION 10.1. Gratuities. The City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts or otherwise were offered or given by the Artist or any agent or representative to any City official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. In the event this Agreement is canceled by the City, pursuant to this Section 10.1, the City shall be entitled, in addition to any other rights and remedies, to recover from the Artists a sum equal in amount to the cost incurred by the Artist in providing such gratuities. 10.2. Termination for Cause. If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of the intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. Pace 13 nf 9,0 10.3. Incapacity of Artist. a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of this Agreement, the City shall have the right to terminate this Agreement on payment to Artist or Artist's successors for all work and services performed prior to death or incapacity. All finished and unfinished drawings, sketches, photographs, models and work shall become property of the City. b. Should Artist's design been approved or if the Artist's work has progressed to the point of fabrication of the Work, in the event of termination under this section, the City shall have the right to complete the Work. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 11 CONTRACT MANAGER The Contract Manager for this Agreement shall be the Arts Council of Fort Worth & Tarrant County, acting through its designated Public Art Director. ARTICLE 12 EQUAL OPPORTUNITY a. The Artist shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, or national origin. The Artist shall take affirmative action to ensure that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, and national origin. Such action shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment or pay or other forms of compensations, and selection for training, including apprenticeship. The Artist agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by the City setting forth the provision of this nondiscrimination clause. Pace 14 of 20 b. The Artist shall in all solicitation or advertisements for employment placed on or on behalf of the Artist, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, or national origin. C. The Artist shall furnish all information and reports requested by the City of Fort Worth, and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with such rules and regulations. d. In the event of the Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and the Artist may be debarred from further agreements with the City of Fort Worth. ARTICLE 13 MWBE PARTICIPATION Contractor agrees to comply with Fort Worth City Code Chapter 20, Article 10, governing minority and women business enterprises. Contractor acknowledges its commitment to meet the 5% MWBE participation goal for minority business enterprises (MBE) and/or women business enterprises (WBE) based upon the hard costs in this City contract or$9,550. MBE/WBE participation was part of the evaluation criteria used in the award of this Contract; therefore, failure to comply shall result in a breach of this contract and may result in being barred from City work for a period of not less than one year. Contractor agrees to furnish documentation of MBE/WBE participation deemed proper by the City of Fort Worth. Further, upon request of the MWBE office, Contractor shall submit such other documentation as may be reasonably required to verify proof of payments. Failure to submit these reports and other requested information, if any, as required shall authorize the city to withhold payment from the contractor until such compliance is attained. Pace 15 of M ARTICLE 14 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 the Work for the City of Fort Worth Convention Center or the performance of 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 15 MISCELLANEOUS 15.1. Compliance. The Artist shall be required to comply with Federal, State and City statutes, ordinances and regulations applicable to the performance of the Artist's services under this Agreement. 15.2. 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. 15.3. No Third-Party Beneficiaries. Pace 16 of 9.0 Lt i,.. 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. 15.4. 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. 15.5. 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 parry 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 parry was delayed. 15.6. 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. 15.7. 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. 15.8. Duration. The services to be required of the Artist set forth in Article 1 of this Agreement shall be completed in accordance with the schedule for completion of the Work as proposed by Pa ae 17 of 20 the Artist and approved by the City pursuant to Section 1.3. of this Agreement-; provided, however, such time limits may be extended or otherwise modified by written agreement between the Artist and the City. 15.9. 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. 15.10. 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. 15.11. 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 Artists and their respective successors and permitted assigns. 15.12. 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. 15.13. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. pAf1P, 1 R of 70 15.14. Right to Audit. The Artist agrees that the City will have the right to audit the financial and business records of the Artist that relate to the Work (collectively "Records") at any time during the Term of this Agreement and for one (1) year thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for one (1) year thereafter, the Artist shall make all Records available to the City on 1000 Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Notwithstanding anything to the contrary herein, this Section 15.14 shall survive expiration or earlier termination of this Agreement. ARTICLE 16 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 77 Pace 19 of 20 1 2. ARTIST: Donald Lipski 81 Hampton Street Sag Harbor, NY 11963 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY F FORT WORTH ibby Watson ^� Assist nt C'ty Manager AR ST Ate\ Do6alrLipski APP D OF ATTESTED BY: A {UV� Amy a ey Marty Hendrix AssOdlnvuity Attorney City Secretary IL 2Contract Authorization Date 1' Pace 20 of 9.0 V t U'hit Lu� ,moria _ as , N ` F L LL 0 � m u J yy J < t g N m 306 � u o F LL S ; m ¢ �U • • • �> � Z ry.r m _ y 3 11 11000 tA sZ.W000 t A vs.,.0 ry C co � � C O W - C.1 �^. m t0 ��e�a 'U 3 s W UO Z 0. - -. U o Z@ M � n u1 Q U d W `L� H 19 jJf Uo 2 LL' � o 2> m .m k, €o g ry 3 0 goHOO° _ 4 i ¢ a a w m �m M > iC Vo V w w W hila tot °ot Q c U 5 601 yy p X d not a aG m a w w d d OD a OP-1 N a ° 00 3 w N N .. w z 13AHiS H16 t.� Donald Lipski 32 Beach Road / P.O. Box #1344 Amagansett, New York 11930-1344 Tel/fax 631-537-5770 lipland@earthlink.net A sculpture for the Fort Worth Convention Center In Fort Worth, where the West begins, "Too much ain't enough." Thus, I began my search for the biggest, cleanest wall in the Convention Center, and found it in the 12th Street Lobby. This is a great site for many reasons: -It is centrally located -After the Grand Lobby (which is already graced by such features as the"belt buckle floor" and the chandeliers), it is particularly well traversed -The main wall is dramatically viewable from the ground floor,mezzanine, second level,balconies, walkways and escalators. I will create a Texas Star with a "wingspan" of 25' and a "thickness" of 5' composed of hundreds of felt cowboy hats. Using primarily hats given to the project by the citizens of Fort Worth,I will create a star of truly heroic proportions. The sculpture will hang from the ceiling in the center of the space by a stainless steel cable, and will be free to rotate in the breezes created by the air-handling equipment of the space. Engineering has been done by Martin & Martin, Consulting Engineers of Denver, Co. A rather intricate truss work structure will be fabricated of stainless steel tubing. This structure will be engineered to be broken down for transport and re-assembled on the site. The hats will be attached to interior stainless steel adjustable bands, which will in turn be connected to the framework by lengths of 49 wire, allowing for individual positioning by bending the wire. The hats will be collected at the event "Hang Your Hat On A Star" to be held at The Ft. Worth Community Art Center. I have engaged Event Planning Professionals to plan and publicize the event. The citizens of Fort Worth will contribute hats for the piece at the event. Perhaps 1000 hats will be collected and stored as an exhibit at the Center. I will sort through the hats choosing the most apt for the piece. I am hoping to have enough generally light and generally dark hats to create a star with the traditional "two-tone" modeling associated with a Texas star. it EXHIBIT„B, � `.�`�/j UII� Ilei^J It is hoped that assembly could be done in some area within the Convention Center. If this is not possible, an off site location will be found. Once each of the sections is created, they will all be transported to the site and assembled. Each section will have detachable "legs" which will hold the piece off the ground for transport and assembly. Once the pieces are assembled and the sculpture is lifted off of the floor, the legs will be detached. The artwork will be hoisted up and attached to a hard-point, which is attached to the structural members of the building above the ceiling. The cable will hang down through a hole in the ceiling which will be reinforced with steel to deter fraying of the sheetrock. The height of the sculpture will be determined once the piece is hung. I believe this sculpture will be both a beautiful, expressive and dynamic symbol for the Convention Center, and a beguiling abstraction of power and substance, local history and civic involvement. It will be simple in its essence, yet be highly intricate and sensuous in its detail. From a distance, the huge star will be perceived, and only as one gets closer will the surprise of its composition enter one's awareness. It will be highly seductive and involving to the wide range of folks who come through, from school, education and religious groups, to fraternal groups and the military. Yet at the same time, it will be a memorable encounter for the more sophisticated art audience. EXHIBIT"B" Donald Lipski 81 Hampton Street Sag Harbor, New York 11963 Tel/fax 631-537-5770 lipland@earthlink.net Fort Worth Convention Center Budget Fabrication $58,673 Fabrication, Materials, supplies Mounting components, Fabrication oversight Installation $68,968 On-site installation Equipment rental Cleanup Labor Security Shipping, Transport, and Storage $3,240 Materials and finished work to the site Storage, if necessary Hat Collection Event& expenses 6,000 Administrative expenses 25,830 Travel Studio expenses Office expenses Correspondence and communication Insurance $4,600 Artwork General Liability Texas Worker's Compensation Automotive Liability Transportation Coverage Consultation Fees 5,500 EXHIBIT"B" Professional Engineer licensed in The State of Texas—includes one redesign Conservator Documentation 4,000 Copyright registration fee Photography of work in progress On-site documentation of completed work Project oversight 10,000 Artist's fee 24,000 Preliminary design Design development Shop drawings and Contract Development Project Contingency 10,800 Total $216,000 EXHIBIT"B" U� Lipski Install Time line - conservative OFF-SITE Armature Fabrication 30 days Concurrent—hang point installation 1 week Transportation 3days ON-SITE Unload at site and stage construction 1 day Construction and hat point assemble 3 days Hat population and clean-up 4 days (On-site work may be compressed to 4 days depending on number of hours worked in a day and number of laborers hired from displays unlimited) EXHIBIT"B" — (fl JEINIafP � - ([I JJI//IaiP o C i 1 _ - i — II - I�1 I i I � I I 1 Li W N co The Star of Texas O = _ Ft. Worth Cenvention Center D fTl F z R m x ao �, � m 0o r o n o c v - r M cn N co —o®v qq®,� co v M -b The Star CO CD }� Ft . Worth Con ! e o � IN. cn o t ARTIST INFORMATION SHEET LOCATION: ARTIST: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CELL: EMAIL: GALLERY/REPRESENTATIVE: TITLE OF WORK: DESCRIPTION OF ARTWORK (attach if necessary): MEDIUM OR MATERIAL (list specific product information if relevant): EDITION INFORMATION: DATE AND PLACE EXECUTED: INSTALLATION DATE: LOCATION OF ARTWORK AT SITE (attach architectural plans if available): COLLABORATING ARTIST: FABRICATOR (if other than artist): EXHIBIT "C" 2 ARTIST: TITLE: FABRICATOR ADDRESS: LOCATION AND DESCRIPTION OF SIGNATURE MARKS (or copyright): DIMENSIONS (in inches): Artwork (without frame, mat, or pedestal): Height Width Frame: Height Width Depth Aprox. Wt. SPECIAL METHODS / MATERIALS UTILIZED IN EXECUTION OF ARTWORK: A. MATERIAL (type, brand name, manufacturer): B. FRAMING MATERIALS AND / OR CONSTRUCTION METHOD: C. MATERIAL THICKNESS (guage): D. WELDING OR JOINTING METHOD: E. WELDING ROD ALLOY OR JOINT MATERIAL: F. CASTING ALLOY, WAX BODY, GLASS OR FIBER TYPE G. MATERIAL FINISH (paint color and type, glaze, sanding grit, patina, fixative coatings, etc.) H. FOUNDATION/INSTALLATION METHOD (bolt/pin size, adhesive) EXHIBIT "C" 3 ARTIST: TITLE: I. YEARLY MAINTENANCE AND CARE OF ARTWORK: J. ROUTINE MAINTENANCE: K. INTENTION RELATING TO ARTWORK OVER TIME (patina, etc. To what surface should the work be cleaned?): L. PLACEMENT OF ARTWORK (cautions regarding sunlight, heat, etc.): M. CONSERVATION CONSULTANT: ADDRESS: PHONE: EXHIBIT "CC" 11 ,;` - FORTWORTH TEXAS CERTIFICATE OF EXEMPTION I 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. Description of Items (or an attached order or invoice) To Be Purchased: All Items I claim this exemption for the following reason: Name of exempt organization: City of Fort Worth Texas Sales and Use Tax Permit Number 1-75-6000528-6 Project for which materials and supplies are purchased: I understand that'l will be liable for payment of sales tax, which may become due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used. I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of the purchase, will be used in a manner other than that expensed in this certificate and, upon conviction, may be fined up to $500 per - offense. Tax Exempt Status Due to Being a Governmental Entity Purchaser: City of Fort Worth Street Address: 1000 Throckmorton Street City, State, Zip Code: Fort Worth, Texas 76102 Sign Here: Date: Z 03 Phone: (817) 871-8517 J es R.Keyes,Director Finance 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. EXHIBIT"D" PUBLIC ARTS PROJECT Artist's Insurance 1. Commercial General Liability (CGL) $1,000,000 each occurrence $2,000,000 aggregate limit Coverage shall include but not be limited to the following: premises operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, be as comprehensive as the current Insurance Services Office (ISO) policy. 2. Automobile Liability $1,000,000 each accident on a combined single limit basis or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 3. Workers' Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee GENERAL POLICY REQUIREMENTS • The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured. Exception... the additional insured requirement does not apply to Workers' Compensation policies • Forty-five (45) days notice of cancellation or non-renewal. Example: "This insurance shall not be canceled, limited in scope or coverage, cancelled or non-renewed, until after forty-five (45) days prior written notice has been given to the City of Fort Worth. • Wavier of rights of recovery (subrogation) in favor of the City of Fort Worth. rJ _s f '. EXHIBIT"E" ,� r INSURANCE REQUIREMENTS APPROVED ACCORD CERTIFICATE OF INSURANCE TO BE ATTACHED BELOW AS EXHIBIT "E" PAGE 2 OF 2 • The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. • The City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, shall be named as the Certificate holder. • The Contractor shall furnish the City with satisfactory proof of insurance coverage as required in these Contract Documents, and in the amounts and by insurance carriers satisfactory to the City. The form to be used shall be the current ACCORD certificate of insurance or such other form as the City may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. • The City, its officers, employees and servants shall be named or listed as an additional insured on Contractor's insurance policies with the exception of the Contractor's workers' compensation insurance policy. • 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 the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual An annual certificate of insurance submitted to the City shall evidence such insurance coverage. • The deductible or self-insured retention (SIR)affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and stockholders'equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must also be approved by the City's Risk Manager. • The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety days. • The city shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion of revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either or party or the underwriter on any such policies. Exhibit "E" Page 1 of 2 F i+IF LIABILITY INSURANCE pAY IMMR1f1/YYyy'T r•n "�"�m u���• CERTIFICATE �����.lR�■ w CHIS DR I'IG.aTo 1-61 Am A MAI IN AT 19N blrtee�tst 6 at�ktl►Ri�rttls, �TIQ• 4HGY COMM NO RIGIi�'S uPQM THE C Tf If.ATC MGI4 I� His G itTIFIICAT pp '!� OT p UT C oh 0000 Hato X04d AL w� A pW 'p. O. fts 1448 IHauMa AFFORD»!va L'OVFAAGO14A.IC 0 MOO" Th* LApB,ISC.t Q"vp Too Naar Xavbox, QIP ISM PA n*e,.T"+w...w.�.w�.w..•. T,'P IN n ......-. ,,,,,,�„�,r,..+,,,,...�......w....,...,•..�.n+.+:.+.n..�r.w,�..". 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RAYS A Or M mA6 TAP�1iACwpzA1 kllTFQ#TO TM6 Cin71fICATi ttGl¢IR kM►Rp TA<M tW'.'11uT rAIWAk r0 W:A}IMAr �aaA 1�Ok51� IdKIvimm fjr WPM Mtl 0904"TION OR MA/ii►►TV AP AMY KIND tP":Tai 6WPAA,ITS AQ,IY9'a OR tC pli*Wig 71 30$ T my AyTnf0111iiI►APMRHTATIvl6 Af»07-5075 01iA81! 65 —ON 1081 •'Qlu-L i r '" f i-a.a r.uotua r^uao IMPORTANT It the QdrtltiQA$R nolger is An Ash PITION AL INSURED, the polieyfiraml M4et 06 6001`804. A atstA�rlant On this oArtifiaAte doaa not contarohts tothe certificate holder in Oft of Ruch enpgtsMlef1t(q) If WSRAaATIGIN IS INAIVID, euf,,eat to the tarrM Ina aontlitiona Qf the policy, Certain paliciaa (h&V require On aMpareemrent A staterr,ent an this certificate aaos not confer rights tQ the certi�lcate holder in how Of such anowsomentle)• PIGGLAIMM The Cenrnccate .of Inawraince On the reverse wipe of this fArtn Boas not const+tuts 4 ecantract getiw++een tnrr �gsuinq insurwr4al, authorized repryxetltAL-ve at gr+aaucor, and the Aertificaite holder, not amem it affirmatively or negattwely amona, extenq nr alter the Coverage affordep by the policies liatfa tn9reon, } f From: donald lipski [mailto:lipland@earthlink.net] Sent: Tuesday,July 12, 2005 11:33 AM To: kelly Subject: Fwd: hat count Dear Kelly, At your request, I have no objection to omitting the word "design" in the two places your lawyer put it in the contract. (paragraph 3 on page 1 of 20 and item 1.2.b. on page 3 of 20 (attached and indicated in bold). All the best, -Donald Lipski tel/fax 631-537-5770 PO Box#1344 32 Beach Road Amagansett,NY 11930 lipland@earthlink.net AGREEMENT FOR COMMISSION AND INSTALLATION OF PUBLIC ART WORK BETWEEN THE CITY OF FORT WORTH AND DONALD LIPSKI This Agreement, entered into this day of 2005, is by and between the City of Fort Worth, a municipal corporation, located in Tarrant, Denton and Wise Counties, Texas, (the "City") acting by and through Libby Watson, its duly authorized Assistant City Manager and DONALD LIPSKI (the "Artist") with studios at 81 HAMPTON STREET SAG HARBOR NEW YORK 11963. The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY Inc. (the "Contract Manager")to manage this AGREEMENT on its behalf. WHEREAS, funds from the CITY OF FORT WORTH PUBLIC EVENTS DEPARTMENT and its FORT WORTH CONVENTION CENTER Facility (the "City Facility") have been allocated for the selection, design and placement of works of art at, in or near said City Facility; and, WHEREAS, the Artist was selected by the City through a selection process conducted by the Contract Manager with the recommendation of the Fort Worth Art Commission and City Council authorization (M&C C-19978) Ie—design, execute, fabricate and install a three-dimensional work of art entitled TEXAS STAR more particularly described as a 26' diameter suspended sculpture composed of hundreds of felt cowboy hats attached to a metal star-shaped armature (the "Work"), for the 12th Street lobby of the Fort Worth Convention Center, 1201 Houston Street, Fort Worth, TX, 76102, more particularly described in Exhibit"A"hereto (the "Site"); and, WHEREAS, the City and the Artist wish to set out the terms and conditions under which said Work shall be executed, fabricated and installed; 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: 1.2. Artist Selection. a. City and Artist acknowledge that the Artist's Design, attached hereto as Exhibit "B" has been reviewed and approved by the Fort Worth Convention Center Steering Committee and the Fort Worth Art Commission as the basis for executing this Contract with the Artist. b. City and Artist agree that the contract amount of TWO HUNDRED SIXTEEN THOUSAND DOLLARS AND NO CENTS ($216,000) shall be full compensation to Artist for the completion of the Work as proposed, inclusive of design; execution, fabrication, transportation, installation, insurance, incidental costs, contingency and Artist's fees. 1.3. Execution of the Work. a. Upon execution of this contract, Artist shall promptly furnish to the City a schedule and installation plan for the completion of the fabrication of the Work, including a schedule for the submission of progress reports, if any. After written approval of the Artist's schedule and installation plan by the City, the Artist shall install the hanger, fabricate (off site), transport, fabricate (on site) and install the Work in accordance with such schedule. Schedule changes may be accomplished by written agreement between the Artist and the City. b. The City shall have the right to review the Work at reasonable times during its fabrication. The Artist shall submit to the City progress reports in accordance with the schedule provided for in Paragraph a. of this Section. C. The Artist shall complete the fabrication of the Work in substantial conformity with Exhibit`B"hereof. However, Artist may present to the City, in writing for further review and approval, any significant changes in the scope, design, color, size, material, or texture of Page 1 of City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/24/2004 DATE: Tuesday, February 24, 2004 LOG NAME: 25LIPSKIART REFERENCE NO.: C-19978 SUBJECT: Authorize the City Manager to Enter into a Design Contract and an Artwork Commission Contract with Donald Lipski for a Sited Sculpture for the Fort Worth Convention Center RECOMMENDATION: It is recommend that the City Council: 1. Authorize the City Manager to enter into a design contract with Donald Lipski for design modifications and engineering for a sited sculpture for the Fort Worth Convention Center in the amount of $24,000, as authorized on July 29, 2003 (M&C C-19682); and 2. Authorize the City Manager to enter into an artwork commission contract with Donald Lipski for fabrication, delivery, and installation of a sited sculpture for the Fort Worth Convention Center (FWCC) upon the City's approval of the artist's final design in the amount of $216,000, as authorized on July 29, 2003 (M&C C-19682); and 3. Authorize the City Manager to increase the artwork commission contract by an amount not to exceed $30,000 in contingency funds, as may be required based upon final budget estimates for installation for a total not to exceed $270,000, as authorized on July 29, 2003 (M&C C-19682). DISCUSSION: On July 29, 2003 (M&C C-19682), the City Council authorized $500,000 in the Public Events Fund to be used for the acquisition, delivery, and installation of public art at the Fort Worth Convention Center (FWCC). On July 8, 2003, the Fort Worth Art Commission (FWAC) recommended that the City commission Donald Lipski to fabricate, deliver, and install his proposed Texas Star, a large scale, three-dimensional wall- mounted sculpture to be sited in the 12th Street lobby of the FWCC. On November 3, 2003, Mr. Lipski presented his original proposal to the FWCC Expansion and Renovation Steering Committee. The Committee approved the overall concept and suggested location, but requested that Mr. Lipski propose other materials and a shape that more closely reflects the heritage of Fort Worth. The design contract's scope of services will include presentations of new designs to both the FWAC and the FWCC Expansion and Renovation Steering Committee, as well as installation drawings with an engineer's seal and a detailed budget for all costs associated with the fabrication, delivery, and installation of the sculpture. The artwork commission contract is contingent upon Mr. Lipski securing design approval of the FWAC and the FWCC Expansion and Renovation Steering Committee. The artist's original budget estimate was $240,000; however, due to engineering considerations, the artwork http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/7/200 Page 2 of must be suspended from structural ceiling beams which will be more costly to install. Up to $30,000 in contingency funds are available to offset increased installation costs, as may be needed to successfully complete the work. Artist Selection Process Summary: In Summer 2002, the FWAC and the Arts Council of Fort Worth and Tarrant County, Inc., which manages the City's public art program under a contract for services, were asked to conduct an artist selection process and recommend artworks for the FWCC expansion that would have impact and be enduring and reflective of Fort Worth's heritage, and relate well with the building's architecture. The FWAC nominated nearly 100 local, regional and national artists, and in February 2003, invited them to submit qualifications, including a letter of interest, resume, and slides of past work. On March 14, 2003, the selection panel reviewed the qualifications of 45 artists who responded to the Request for Quotation (RFQ). Nine finalists were chosen, including: . Ed and Linda Blackburn, Fort Worth, Texas; and . Dan Corson, Seattle, Washington; and . Vernon Fisher, Fort Worth, Texas; and . Charles Mary Kubricht, Marfa, Texas; and . Beniot Huerta, Arlington, Texas; and . Donald Lipski, Amagansett, New York; and . Jody Pinto, New York, New York; and . Ann Stautberg, Houston, Texas; and . Sally Weber, Austin, Texas. On April 4, 2003, the finalists visited Fort Worth to tour the FWCC and to conduct research. On July 7, 2003, they returned to present their proposals to the selection panel. After careful consideration, Donald Lipski and Vernon Fisher's proposals were recommended. The selection panel (voting) was: . Mark Thistlethwaite, Ph.D., TCU Chairman of Art History and Chairman, FWAC . Javier Aldape, Publisher, Diario La Estrella (Star-Telegram) and FWAC Member . Helen Sides, Director, Culture Center of the Americas and FWAC Member . Rick Stewart, Director, Amon Carter Museum and FWAC Member . Michael Auping, Chief Curator, Modern Art Museum of Fort Worth . Steve Brubaker, Principal Design Architect, HOK Architects . Kirk Slaughter, Director, Public Events Department Donald Lipski has complied with the M/WBE Ordinance by committing to 15% M/WBE participation of the Commission hard cost. The City's M/WBE goal on this project isl5%. This project is in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Public Events Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C192 531200 020192067002 $270,000.00 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/7/200 Page 3 of Submitted for City Manager's Office by: Joe Paniagua (6140) Libby Watson (6183) Originating Department Head: Kirk Slaughter (2502) Additional Information Contact: Betty Tanner (2502) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/7/200