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HomeMy WebLinkAboutContract 33035 CITY SECRETARY CONTRACT No. .54:�fb. AGREEMENT FOR COMMISSION OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND ERIC McGEHEARTY This Agreement("Agreement"),entered into this day oK:_fi� 20(196is by and between the City of Fort Worth, a municipal corporation, loca ed in Tarrant, Denton and Wise Counties, Texas, (the "City") acting by and through Libby Watson, its duly authorized Assistant City Manager and ERIC McGEHEARTY (the "Artist"). City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, Inc. acting through its designated Public Art Director, as its "Contract Manager to manage this Agreement on its behalf. WHEREAS, funds from the CITY OF FORT WORTH FIRE DEPARTMENT and their FIRE STATION #8 Facility (the "Site"), located at West Rosedale Street and 12a' Avenue, Fort Worth, Texas 76110 and more particularly described in Exhibit "A" attached hereto, have been allocated for the selection, design and placement of works of art at, in or near said Site; and, WHEREAS, Artist was selected by City through a selection process conducted by Contract Manager with the recommendation of the Fort Worth Art Commission and with City Council authorization (M&C C-20614) to design, execute, fabricate and install two and three-dimensional works of art at, in and/or near the Site. These two- and three- dimensional works of art("Art Work")are more particularly described as follows: • Nine pair of old fashioned firefighters "three quarter boots" to be cast in bronze at 1 % times life size (27"tall), mounted on an 18" raised concrete pad,to be sited on the front lawn of the Site. • A film placed on the windows on each of the four sides of the fire station's tower. Each window will feature one word ("duty", "vigilance", "courage", "honor") created with an adhesive film using frosted text to give the words an etched appearance. WHEREAS, City and Artist wish to set out the terms and conditions under which said Art Work shall be executed, fabricated and installed. f 40 .F.•:Jr.�C P� II y�\o NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1. General. a. Artist shall perform all services and furnish all supplies, materials, and equipment as necessary for the execution, fabrication, transportation and installation of the Art Work at the Site (see Section 1.4). b. Artist shall determine the artistic expression, scope, color, size, material, and texture of the Art Work, subject to the provisions of this Agreement. The location at the Site in which the Art Work shall be installed has been mutually agreed upon by City and Artist. C. Artist shall install the Art Work on dates and at times mutually agreed upon by Artist and City. 1.2. Artist Selection. City and Artist acknowledge that Artist's design, accomplished under City Secretary Contract Number 31680 and said design' attached hereto as Exhibit "B," has been reviewed and approved by the Fort Worth Art Commission and is the basis for executing this Agreement with Artist. 1.3. Execution of the Art Work. a. Upon execution of this Agreement, Artist shall promptly furnish to City a schedule for the completion of the fabrication of the Art Work. After written approval of the schedule by City, Artist shall fabricate, transport and install the Art Work in accordance with such schedule. Schedule changes may be accomplished by written agreement between Artist and City. b. City shall have the right to review the Art Work at reasonable times during its fabrication. Artist shall, upon written request by City, provide City with a written 2 progress report detailing the progress made toward completion of the Art Work and the remainder of work to be done to complete the Art Work. C. Artist shall complete the fabrication of the Art Work in substantial conformity with Exhibit `B." However, Artist may present to City, in writing for further review and approval, any significant changes in the scope, design, color, size, material, or texture of the Art 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. Artist shall notify City in writing when fabrication of the Art Work is completed and is ready for its delivery and installation at the Site. b. Artist shall deliver and install the completed Art 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 Artist by City. C. City shall not be responsible for labor and equipment or costs associated therewith to prepare the Site for the installation of the Art Work. d. Artist shall take all necessary precautions to protect and preserve the integrity and finish of adjacent building surfaces and the surrounding ground, including any landscaping, grass, concrete, asphalt or any other surface, while delivering and installing the Art Work. Artist shall repair any damage to the buildings or ground due to his negligence or the negligence of his subcontractor. e. Prior to installation of the Art Work, Artist shall provide to City written instructions for appropriate maintenance and preservation of the Art Work. The appropriate maintenance and preservation instructions shall not be substantially different from the maintenance and preservation anticipated and conveyed to City for the Art Work in the design phase for the Art Work. 3 Ufl'L; :':l 1.5. Post-installation. a. Within thirty (30) days after the installation of the Art Work, Artist shall furnish City with the following photographs(collectively, "Photographic Material")of the Art Work as installed: 1. Artist shall submit an original set of professional quality slides, transparencies, or high resolution digital photographs as selected by Contract Manager to document the project after the Art Work is installed; 2. One overview of the tower and bronze boots in situ; and 3. Detail images showing the bronze boots and tower windows from each of the four different viewpoints. b. Artist shall be available at such time or times as may be agreed between City and Artist to attend any inauguration or presentation ceremonies relating to the transfer of the Art Work to City. City shall use its best efforts to arrange for publicity for the completed Art Work in such art publications and otherwise as may be determined between City and Artist as soon as practicable following installation. 1.6. Final Acceptance. a. Artist shall advise 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 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. City shall notify Artist in writing of its final acceptance of the Art Work ("Final Acceptance"). C. Final Acceptance shall be effective as of the earlier to occur of(1)the date of City's notification to Artist of Final Acceptance; or(2)the 35th day after Artist has sent the written notice to City required under Section 1.6(a) unless City, upon receipt of such notice and prior to the expiration of the 35-day period, gives Artist written notice specifying and describing the services which have not been completed. 1.7. Risk of Loss The risk of loss or damage to the Art Work shall be borne by Artist prior to Final Acceptance, and Artist shall take such measures as are necessary to protect the Art 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 City prior to Final Acceptance during such periods of time as the partially or wholly completed Art Work is in the custody, control or supervision of City or its agents for the purposes of moving, storing, or performing any other ancillary services to the Art Work. 1.8. Title. Title to the Art Work shall pass to City upon Final Acceptance. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. City will pay Artist a fixed fee of THIRTY-NINE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($39,500.00), which shall constitute full compensation for all services and materials to be performed and furnished by Artist under this Agreement and for the completion of the Art Work as proposed, inclusive of execution, fabrication, transportation, installation, insurance, incidental costs and Artist's fee. 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. Fifty percent (50%) upon submission by Artist to City of(1) the schedule of completion and (2) copies of written agreements between Artist and his concrete,electrical,lighting and bronze foundry subcontractors. b. Thigy five percent (35%) upon (1) notification and visual documentation by Artist verifying completion of bronze casting at the foundry and(2) submission by Artist to City of a written request to proceed with delivery and installation at the Site. G.a C. Fifteen percent(15%)within thirty-five(35)days after Final Acceptance. 2.2. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Art Work. City shall supply Artist the "Texas Certificate of Exemption" in substantially the same form as that attached hereto and incorporated herein as Exhibit"C", for use by Artist in acquiring materials and supplies for the Art Work. 2.3. Artist's Expenses. Artist shall be responsible for the payments of all mailings or shipping charges, including insurance, on submissions to City, the costs of transporting the Art Work to the Site and the costs of all travel by 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. ARTICLE 3 TIME OF PERFORMANCE 3.1. Duration. The services to be required of Artist set forth in Article 1 shall be completed in accordance with the schedule for completion of the Art Work as proposed by Artist and approved by City pursuant to Section 1.3(a); provided, however, such time limits may be extended or otherwise modified by written agreement between Artist and City. 3.2. Early Completion of Artist_Services. 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. 3.3. Time Extensions, Force Majeure. City or Artist, as appropriate, shall grant a reasonable extension of time to the other party if conditions beyond the parties' control or Acts of God, flood, riot, civil insurrection, labor strikes, or orders of local or federal government render timely performance of the parties' services impossible or unexpectedly burdensome. The party suffering the impossibility or burdensome conditions must inform the other in writing within the ten (10) days of the onset of such performance delay, specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable 6 control shall not be considered a breach of this Agreement; provided, however, that such obligations shall be suspended only for the duration of such conditions. ARTICLE 4 WARRANTIES 4.1. Warranties of Title. Artist represents and warrants that: a. The Art Work is solely the result of the artistic effort of Artist; b. Except as otherwise disclosed in writing to City, the Art Work is unique and original and does not infringe upon any copyright; C. The Art Work, or a duplicate thereof, has not been accepted for sale elsewhere; and, d. The Art Work is free and clear of any liens from any source whatever. 4.2. Warranties of Quality and Conditions. Artist represents and warrants, except as otherwise disclosed to City in writing in connection with submission of the design,that: a. The execution and fabrication of the Art Work will be performed in a workmanlike manner; b. The Art 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 Art Work; C. Reasonable maintenance of the Art Work will not require procedures substantially in excess of those described in the final maintenance recommendations to the submitted by Artist to City under Section 1.4. The warranties described in this Section 4.2 shall survive for a period of one (1)year after Final Acceptance of the Art Work. City shall give notice to Artist of any observed breach with reasonable promptness. Artist shall, at the request of City, and at no cost to City, cure reasonably and promptly the breach of any such warranty which is curable by Artist and which cure is consistent with professional conservation standards, including but not limited to, cure by means of repair or refabrication of the Art Work, or any portion thereof. ARTICLE 5 INSURANCE 5.1. General. Artist shall carry insurance as set out in Exhibit"D". Except as provided in Section 1.7 hereof, the risk of damage to or loss of the Art Work during fabrication and installation, but prior to Final Acceptance by City shall be solely that of Artist. Upon Final Acceptance of the Art Work, this risk shall transfer to City and shall no longer be the responsibility of Artist. 5.2. Performance Bonds. Artist shall not be required by City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of City. ARTICLE 6 REPRODUCTION RIGHTS 6.1. General. Artist retains all reproduction rights under the Copyright Act of 1975, 17 U.S.C. §§ 101 et. seq., and all other rights in and to the Art Work except as such rights are limited by this Article 6. In view of the intention that the Art Work in its final dimension shall be unique, Artist shall not make any additional exact duplicate, three-dimensional reproductions of the final Art Work, nor shall Artist grant permission to others to do so except with the prior written permission of City. Artist grants to City and its assigns an irrevocable license to make two-dimensional reproductions of the Art Work for any municipal purpose, including, but not limited to, reproductions used in advertising, brochures, stationery, media publicity,and catalogues or other similar publications. g r �, JU � 1 6.2. Notice. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the following form: "©Artist's name, date of completion." 6.3. Credit to City. Artist shall use his best efforts to give a credit reading substantially, "an original Art Work owned and commissioned by the City of Fort Worth" in any public showing of reproductions of the Art Work which are under Artist's control. ARTICLE 7 ARTIST'S RIGHTS 7.1. Identification. Contract Manager shall, at its expense and in consultation with Artist, prepare and install at the Site a plaque identifying Artist, the title of the Art Work, and the year of completion. 7.2. Maintenance. City recognizes that maintenance of the Art Work on a regular basis is essential to the integrity of the Art Work. City shall reasonably assure that the Art Work is properly maintained and protected, taking into account the maintenance instructions provided by Artist in accordance with Section 1.4, and shall reasonably protect and maintain the Art Work against the ravages of time, vandalism, and the elements. 7.3. Repairs and Restoration. a. City shall have the right to determine when and if repairs and restorations to the Art Work will be made. During Artist's lifetime and to the extent practicable, City shall give Artist the right to approve all major repairs and restorations; provided, however, Artist shall not unreasonably withhold approval for any repair or restoration of the Art Work. Should Artist unreasonably withhold approval of any intended major repair or restoration, City shall have the right to make such repair or restoration. To the extent practicable, Artist, during Artist's lifetime, shall be given the opportunity to make or personally supervise major repairs and restorations and shall be paid a reasonable fee for any such services, provided that City and Artist shall agree in writing, prior to commencement of any significant repairs and restorations, upon Artist's fee for such 9 services. Should Artist fail to agree to make or supervise the repairs and restorations, City shall have the right to choose another entity or person to assist with the restoration and/or repairs or make said repairs by City. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. C. When emergency repairs are deemed necessary in the sole discretion of City in order to prevent the loss of or further damage to the Art 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. 7.4. Alteration of the Art Work or of the Site. a. In the event that the Art Work is incorporated into a building, structure or realty, the installation of the Art Work may subject it to destruction, distortion, mutilation or other modification by reason of its removal. If removal of the Art Work would damage either the Art Work or the building or structure, City shall have the right to remove the Art 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 Art Work is freestanding, or incorporated into a building, structure or realty such that it may be removed without damaging or destroying the Art Work or the building or structure, Artist may be given written notice and 90 days to remove the Art Work at his or her sole expense. Upon Artist's failure to remove the Art Work, City shall have the right to remove and dispose of the Art Work by any means, including its destruction. C. City agrees that it will not willfully destroy, damage, or modify the work, except as provided in paragraphs a_ and b. above. d. In the event the Art Work is substantially damaged or altered,City shall no longer represent the Art Work as that of Artist if Artist gives written notice to City that it is the position of Artist to deny authorship on the grounds the Art Work was substantially damaged or altered. 10 e. City at all times shall have the right to move the Art Work, or remove it from public display. City shall also have the right to sell or trade the Art Work. 7.5. Permanent Record. City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Art Work. 7.6. Surviving Covenants. The covenants and obligations set forth in this Article 7 shall not survive the death or legal incapacity of Artist. 7.7. 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 parties under the law, which may now or in the future be applicable. ARTICLE 8 ARTIST AS AN INDEPENDENT CONTRACTOR a. Artist shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Artist shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be s6lely responsible for the acts and omissions of its agents, employees, subcontractors, licensees or invitees. The doctrine of respondeat superior shall not apply as between City and Artist, its agents, employees, subcontractors, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Artist. It is expressly understood and agreed that no agent, employee, subcontractor, licensee or invitee of Artist is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Artist, its agents,employees, subcontractors, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to Artist, its agents, employees, subcontractors, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Artist hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. a `J:'� SL9 ✓�:a ARTICLE 9 SUBCONTRACTING 9.1. Subcontracting by Artist. Artist may subcontract portions of the services to be provided hereunder at Artist's expense, provided that said subcontracting shall not affect the design, appearance or visual quality of the Art Work and shall be carried out under the personal supervision of Artist. Any subcontract entered into under this Agreement shall be expressly subject to the terms of this Agreement. ARTICLE 10 PROHIBITION AGAINST INTEREST 10.1 Prohibition Against Interest a. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Art Work is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Art Work funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Artist shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Art Work. b. No employee of Artist or its subcontractors shall have a financial interest, direct or indirect, in this Agreement or the funds transferred hereunder or be financially interested, directly or indirectly, in the sale to Artist of any materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Artist, as an employee. Any willful violation of this section with the expressed or implied knowledge of Artist or its subcontractors shall render this Agreement voidable by City. ARTICLE 11 TERMINATION 11.1. 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 12 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. 11.2. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) days before termination. The notice shall specify whether the termination is for convenience or cause. b. If the termination is for the convenience of City, Artist shall have the right to an equitable adjustment in the fee (without allowance for anticipated profit on unperformed services), in which event City shall have the right at its discretion to possession and transfer of title to the sketches, designs and models already prepared and submitted or presented for submission to City by Artist under this Agreement prior to the date of termination, provided that no right to fabricate or execute the Art Work shall pass to City. C. If termination is for the convenience of Artist, Artist shall remit to City a sum equal to all payments (if any) made to Artist pursuant to this Agreement prior to termination. 11.3. Incapacity of Artist. a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of this Agreement, 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 City. b. If Artist's work has progressed to the point of fabrication of the Art Work, in the event of termination under this section, City shall have the right to complete the Art Work. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. 13 ' '�� ARTICLE 12 NONDISCRIMINATION a. Artist will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Artist permit its agents, employees, or subcontractors to engage in such discrimination. b. Artist covenants that neither it nor any of its agents, employees, or subcontractors, while engaged in performing the work under this Agreement, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification,retirement plan or statutory requirement. c. Artist further covenants that neither it nor its agents, employees, or subcontractors or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to perform work on this Agreement, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Artist warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Artist, or employees of Artist or any of its subcontractors. Artist warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Artist's and/or its subcontractors'alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Agreement. e. This Agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17,Article III, Division 3 "Discrimination in Employment Practices", of the City Code, and Artist hereby covenants and agrees that Artist, its agents, employees and subcontractors, have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by the terms of such ordinances by either Artist or its agents, employees or subcontractors. 14 f. Artist shall furnish all information and reports requested by City,and shall permit access to its books,records,and accounts for purposes of investigation to ascertain compliance with such rules and regulations. ARTICLE 13 MWBE PARTICIPATION Artist agrees to abide by City's policy to involve Minority and Women Business Enterprises (MWBEs) in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Artist agrees to incorporate City Ordinance No. 15530, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said policy. Artist acknowledges its commitment to meet the 10% of hard costs (or $3,950) MWBE participation goal for minority business enterprises (MBE) and/or women business enterprises(WBE) in this City contract. MBE/WBE participation was part of the evaluation criteria used in the award of this Agreement; therefore, failure to comply shall result in a breach of this Agreement and may result in being barred from City work for a period of not less than one year. Artist agrees to furnish documentation of MBE/WBE participation deemed proper by the City of Fort Worth. Further, upon request of the M/WBE office,Artist 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 City to withhold payment from Artist until such compliance is attained. ARTICLE 14 MISCELLANEOUS 13.1. Compliance. Artist shall be required to comply with federal, state and local statutes, ordinances and regulations application to the performance of Artist services under this Agreement. 15 13.2. 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. 13.3. Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 13.4. 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. 13.5. Governing Law and Venue. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any litigation arising from this Agreement shall be in Tarrant County, Texas. 13.6. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and their respective successors and assigns. No assignment or delegation of duties under this Agreement by Artist shall be effective without City's prior written approval. ARTICLE 15 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: 16 1. CITY: Libby Watson,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 Copies to: Leann Guzman, Assistant 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 Eric McGehearty 929 Hawthorne Court Lewisville,Texas 75077 Artist shall notify City of changes in this address. The failure to do so, if such failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce these provisions of Article 7 that require the express approval of Artist. Notwithstanding this provision, City shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] 17 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH i Attested By: Libby W on Assistant City Manager City Secretary ARTIST i �- M&C C-20614 Contract Authorization Eric McGehearty Date APPROVED AS TO FORM: iall- Assistant City Attorney 18 F, i� vth4'• 7 f' mrc Iw 7• n i �ry S, L LL Lei . LLS OEM Z § b . � b # f ` FORT WORTH 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"I 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 • d es R.Kcym Director Fiaanee 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 com let to the Comptroller of Public Accounts. v L 1� w U' 5t r,+ EXHIBITT" '" 'u�n'� u s:, 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 accidentioccurrence $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. EXHIBIT"D" -• � `�_ INSURANCE REQUIREMENTS APPROVED ACCORD CERTIFICATE OF INSURANCE 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 Contractors 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 Contractors insurance policies with the exception of the Contractors 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. Z City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/24/2005 DATE: Thursday, March 24, 2005 LOG NAME: 36STA8PA REFERENCE NO.: C-20614 SUBJECT: Authorization to Enter into a Design Contract and Upon Approval, a Subsequent Artwork Contract with Eric McGehearty for a Sited Sculpture and Tower Window Enhancements for Fire Station 8 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a Design Contract with Eric McGehearty for final design, engineering and installation planning for a sited sculpture and tower window enhancements for Fire Station 8, for an amount not to exceed $7,500. 2. Authorize the City Manager to enter into an Artwork Contract with Eric McGehearty for final design, fabrication and installation of a sited sculpture and tower window enhancements for Fire Station 8, for an amount not to exceed $39,500. DISCUSSION: On October 11, 2004, the Fort Worth Art Commission recommended that the City of Fort Worth Commission Eric McGehearty to fabricate, deliver and install his proposed sculpture and window art for Fire Station 8. Inspired by the saying, "United We Stand," the sculpture will consist of approximately 16 pair of old fashioned firefighters' "three quarter boots" cast in bronze at 1 '/2 times life size (27" tall), mounted on an 18" raised concrete pad, to be sited on the front lawn of the newly constructed Fire Station 8. The arrangement of the boots will give the viewer the impression of standing figures united in purpose. McGehearty's proposal also addresses the windows on each of the four sides of the station's tower. Each window will feature one word or phase (etched in the glass or created by holographic film) suggested by the firefighters themselves: "courage," "commitment"and "vigilance." ARTIST SELECTION PROCESS SUMMARY In 2004, the Fort Worth Art Commission and the Arts Council of Fort Worth & Tarrant County, Inc., which manages the City of Fort Worth Public Art Program under a contract for services, was asked to conduct an artist selection process and recommend artworks for the new Fire Station 8 that would capture the essence of Fort Worth firefighters —their commitment, courage and vigilance —as well as the proud traditions of Fire Station 8, one of the oldest in the city. The Fort Worth Public Art Program released a Request for Proposals, requiring a letter of interest, resume and slides of past work, limiting the range of artists to those that live within a 50 mile range of Fort Worth. An information meeting was held in August to review the RFP and meet with the architect, Les Edmonds. Each artist was given the opportunity, with the cooperation of the Fire Department, to visit the current Fire Station 8 and meet with the firefighters. In addition, plans of Fire Station 8 were made available to the artists. The proposal deadline was September 20, 2004. On October 8, 2004, the selection panel reviewed the qualifications of nine artists, including: Brenda Benson, Hank Black, Karmien Bowman, Janice Logname: 36STA8PA Page 1 of 2 Hart, Eric McGehearty, Jessica Ray, Andrew Arvanetes, Etty Horowitz, and Michael Pavlovsky, who responded to the RFP. After careful consideration, Eric McGehearty's proposal was recommended. The Selection Panel (Voting) included: Mark Thistlethwaite, Ph.D., TCU Chairman of Art History & Chairman, Fort Worth Art Commission (FWAC) Don Beck, UTA Professor of Art Christine Bisetto, Education Department, Modern Art Museum of Fort Worth Ron Watson, TCU Chair of Art and Art History Department, Director of the University Art Gallery Lori Gallagher, Mistletoe Heights Neighborhood Association Wendy Davis, Council Member District 9 Les Edmonds, Komatsu Architecture, 2004 VP: Programs for Fort Worth American Institute of Architects This project is located in COUNCIL DISTRICT 9. Eric McGehearty, MFA is in compliance with the City's MM/BE Ordinance by committing to 10% M/WBE participation. The City's goal on this project is 10%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Fire Improvements Funds. TO Fund/Account/Centers FROM Fund/Account/Centers C235 531200 039980013730 $7,500.00 C235 541200 039980013780 $39.500.00 Submitted for City Manager's Office by; Joe Paniagua (6140) Originating Department Head: Charles Gaines (6801) Additional Information Contact: Martha Peters (732-2360) Logname: 36STA8PA Page 2 of 2