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Contract 50781
CITY SECRETARY CONTRACT NO. Mgr22 2p18 AGREEMENT BETWEEN THE CITY OF FORT WORTH ci�.o�Fo c�Ns�cgT�'oAry AND ELENA MANFERDINI FOR �aAy PRELIMINARY DESIGN OF PUBLIC ART FOR THE EASTSIDE FAMILY LIBRARY This Agreement is entered into this day of ,2018,by and between the City of Fort Worth,a home-rule municipal corporation of the State of T as,acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and Elena Manferdini, an individual,residing at 1024 Harding Ave., Suite #202, Venice, California 90291. The City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth residents,to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the artistic design of public spaces; WHEREAS,City is currently working with Project Consultant to design the new Eastside Family Library,a space specifically designed to engage youth ages 0— 18 and their families. The new building will be located at 3851 East Lancaster Avenue, 76103, in Council District 8. Construction is anticipated to begin in January 2019; WHEREAS,this project was identified in the Public Art Plan for the 2014 Bond Program,adopted by City Council on October 21,2014(M&C G-18339),and the project is included in the Fort Worth Public Art Fiscal Year 2018 Annual Work Plan, adopted by the Fort Worth City Council on October 17, 2017 (M&C G-19139); WHEREAS,the Eastside Family Public Art Project Outline, which described a holistic approach for the new building including exterior and interior artwork that would create an imaginative, immersive space was approved by the Fort Worth Art Commission("FWAC")on December 11, 2017; WHEREAS, through a competitive qualifications-based selection process, which was conducted by the Contract Manager, Artist was recommended for the library by the Artist Selection Panel on March 3, 2018, and this recommendation was approved by the FWAC on March 21,2018; WHEREAS,City and Artist wish to set out the terms and conditions under which said Work shall be designed to promote the integrity of Artist's ideas and statements as represented by the Work. NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged,agree as follows: OFFICIAL RECORD 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 Cl t ■ SrcRr.T AR FT,*WOJKfH!TA ARTICLE 1 DEFINITIONS As used in this Agreement,the following terms shall have the meanings as set forth below: 1.1. Agreement — Means and includes this Agreement between the City of Fort Worth and Elena Manferdini for Preliminary Design of public art for the Site. 1.2. Artist — Means and includes Elena Manferdini, an individual. An artist resume and portfolio image is attached hereto as"Exhibit A." 1.3. Artwork Design — Means and includes the Preliminary Design of the Work, which is defined in 1.3.a. below. 1.3.a. Preliminary Design — Means all preliminary drawings, sketches, prototypes, maquettes, models, narrative descriptions, budget estimates, and the like that are created by Artist in connection with this Agreement and/or any prior agreement between Artist and City for the Work. 1.4. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County, Inc.,and its officers, directors,and employees. 1.5. City—Means and includes the City of Fort Worth,Texas. 1.6. Effective Date — Means and includes the date represented in the first paragraph of this Agreement,which shall be the official date of execution of this Agreement. 1.7. Parties—Means and includes City and Artist. 1.8. Preliminary Design Deliverables — Means and includes those items set forth in Article 2.3 of this Agreement that Artist is required to submit to City for its review and approval prior to proceeding to the final design phase of this Agreement. 1.9. Project Consultant—Means and includes KAI Texas. 1.10. Project — Means and includes the capital improvement or public art development undertaking of City for which Artist's services are to be provided pursuant to this Agreement. A project outline attached hereto as"Exhibit B"describes the parameters and expectations of the project. 1.11. Project Stakeholders—Means and includes the appropriate City Council Member(s),and the appointed Project Core Team, as outlined in the attached "Exhibit B," and the FWAC's appointed representative and others as may be deemed appropriate by the City. 1.12. Site — Means the entirety of the library both interior and exterior, located at 3851 East Lancaster Ave., Fort Worth, Texas 76103,attached hereto as"Exhibit C." 1.13. Work—Means and includes the finished object(s)of art and design that are the subject of this Agreement, or any intermediary stage of completion of such work. 2 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Scope of Services. a. Artist shall perform all services and will furnish all supplies,materials,and equipment as necessary for developing a Preliminary Design of the Work and for providing the Preliminary Design Deliverables. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Artist shall determine the artistic expression, scope,design,color, size,material,and texture of the Work,subject to review and input from the Project Core Team and other Stakeholders and approval by City as set forth in this Agreement. C. Prior to commencing the Preliminary Design, Artists shall meet with the Project Core Team and other Stakeholders to seek input and gain further insight into the community. d. Artist shall meet with representatives of Project Consultant to discuss the development of the Preliminary Design in collaboration with the building design development to create an immersive, holistic experience. e. The location at the Site where the Work shall be installed shall be mutually agreed upon by City and Artist. f. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and permitting. g. Artist shall explore concepts for the Work, within the implementation budget set forth in Article 2.3. h. Artist shall meet and coordinate with Contract Manager, Project Consultant, and others, as necessary, to explore the feasibility of integrating the Work into the Site in terms of structural support, lighting,electricity, or other infrastructure needs to support the Work. i. Artist shall present the Preliminary Design to the FWAC, for joint review with the Project Core Team, other Project Stakeholders, the appropriate City staff, and for the FWAC's approval at a regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Preliminary Design shall subsequently be shared with City boards or commissions, as appropriate. j. Artist shall make a minimum of two(2)trips to Fort Worth,Texas for meetings and presentations as required in this Agreement. 3 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 2.2. City Assistance. Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the extent that such materials are available. City, upon request by Artist, shall also provide correct scaled drawings of the Site, if available. 2.3. Preliminary Design Deliverables. a. Within three (3) months after the Effective Date, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.3 to City for approval. Preliminary Design Deliverables shall consist of the following: i. Preliminary design illustrations showing the proposed Work from two vantage points, including a plan view, which shall be at least 20"x 30"and mounted on foam core and/or in a high resolution digital format such as JPEG or TIF files; ii. A narrative description of the Artist's concept, proposed materials, fabrication, and installation methods, timeline for completion and maintenance, and anticipated annual maintenance requirements; iii. A preliminary budget estimate,on the budget form attached hereto as Exhibit"D,"for final design and implementation of the Work based on the anticipated total amount of THREE HUNDRED THIRTY-ONE THOUSAND, NINE HUNDRED NINTY-ONE DOLLARS AND FOUR CENTS ($331,991.04) which includes all costs for materials, engineering,labor,fabrication,delivery,installation,insurance,travel costs,transportation, contingency and remaining Artist's fee of FORTY-THREE THOUSAND, NINE HUNDRED FIFTY-FIVE DOLLARS AND THIRTY-FIVE CENTS($43,955.35),and all other associated costs for the Work; and iv. Material or fabrication samples and/or prototype models for the Work that show the size and placement of the Work in relation to the Site,as appropriate. 2.4. Preliminary Desiyn Review. a. Upon completion of the Preliminary Design Deliverables, Artist shall present the Preliminary Design to the FWAC, for joint review with the Project Core Team,other Project Stakeholders,the appropriate City staff, and for the FWAC's approval at a regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Preliminary Design shall subsequently be shared with City boards or commissions, as appropriate. b. City shall notify Artist of its approval,or disapproval,of the Preliminary Design within thirty(30) business days of Artist's presentation to the FWAC. C. If City disapproves of the Preliminary Design, either in whole or in part, then City shall inform Artist of each revision to be made to the Preliminary Design. City may require Artist to make such 4 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 revisions to the Preliminary Design as City deems necessary in its sole discretion and/or for the Work to comply with applicable statutes,ordinances,or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. d. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s)to present the revised Preliminary Design in conformance with City's requirements. e. If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process, then this Agreement will automatically terminate, with payment for work performed per the payment schedule in Article 3 up through the date of termination. (See Article 4.4.d) f. Upon City approval of the Preliminary Design,any revisions made to a City-approved Preliminary Design shall become part of the Preliminary Design. Artist shall incorporate any City-approved revisions into the final design in conformance with City's requirements. Any revisions shall become part of any final design if the Artist proceeds to the final design phase. Artist shall provide the Preliminary Design presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art archive owned by City. These documents, models, and/or drawings will be retained for archival and exhibition purposes. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount up to THIRTY-FOUR THOUSAND, THREE HUNDRED THREE DOLLARS AND FIFTY-SEVEN CENTS ($34,303.57) which shall constitute full compensation for any and all costs associated with the Agreement, including,but not limited, travel, an Artist's fee of$29,303.57 and all other services performed and materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 3.2. Payment Schedule. a. City agrees to pay Artist in the following installments set forth below,each installment to represent full and final,non-refundable payment for all services and materials provided prior to the due date thereof: i. SEVEN THOUSAND DOLLARS AND NO CENTS($7,000.00)upon execution of this Agreement. 5 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 ii. EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00) within thirty (30) calendar days after Artist meets with the Project Core Team and other Project Stakeholders to gather input prior to preliminary design development. iii. EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00) within thirty (30) calendar days after Artist submits all of the Preliminary Design Deliverables required under Article 2.3 of this Agreement and makes a presentation(s), in person, of the Preliminary Design to the FWAC,the Project Core Team and other Project Stakeholders for review. iv. EIGHT THOUSAND, THREE HUNDRED THREE DOLLARS AND FIFTY- SEVEN CENTS($8,303.57)within thirty(30) calendar days after City's approval of the Preliminary Design. V. City will provide an allowance of up to THREE THOUSAND DOLLARS AND NO CENTS($3,000.00)for mock up samples and material exploration. Such payment shall be made upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50% is allowed)for such services attached. 3.3. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. City shall supply Artist with the"Texas Certificate of Exemption," in substantially the same form as that attached hereto as Exhibit"E"for use by Artist in the fulfillment of this Agreement. 3.4. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on submissions to City and/or Contract Manager, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. Term. This Agreement shall be in effect from the Effective Date and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Artist by City. 4.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment,gifts,or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager 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. 6 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 4.3. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in accordance with the dispute resolution process set forth in Article 5. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written"Notice of Termination'specifying the grounds for termination. 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. 4.4. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30)calendar days before termination. b. If the termination is for the convenience of City,City shall pay Artist for services actually rendered up to the effective date of termination, and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in full of all monies due for services provided up to the effective date of termination, City shall have the right, in its sole discretion, to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination, provided that no right to fabricate or execute the Work shall pass to City. C. If termination is for the convenience of Artist,City shall have the right,in its sole discretion,to pay Artist for services actually rendered up to the effective date of termination or require the Artist to remit to City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective date of termination. If City chooses to pay Artist for services actually rendered,then all work product produced by Artist under this Agreement,including,but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City. d. If termination is by mutual agreement of the Parties as set forth in Article 2.4,then City shall pay Artist for work performed per the payment schedule in Article 3 up through the date of termination. City shall have the right to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs,models, and designs, up to the effective date of termination. 7 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 4.5. 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 work product produced by Artist, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City. b. Should Artist's Preliminary Design have been approved, in the event of termination under this Article 4.5, City shall have the right to complete the Work, if feasible. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 5 DISPUTE RESOLUTION If either Artist or City has a claim,dispute,or other matter in question for breach of duty,obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten(10)business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings,or other reasonable means to resolve any claim,dispute,breach,or other matter in question that may arise out of or in connection with this Agreement. If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute,then the Parties may submit the matter to non-binding mediation upon written consent of the authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code,then in effect. Request for mediation shall be in writing,and shall request that the mediation commence not less than fifteen(15)or more than forty-five (45)calendar days following the date of request,except upon Agreement of the Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30)calendar days following the date of the request for mediation, then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County,Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation,then either 8 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 party shall have the right to exercise any and all remedies available under law regarding the dispute.(See Article 4.3) ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1. General. a. Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement, the Artwork Design, Work, and all other work product under this Agreement shall become the property of City, without restriction on future use, except as provided below. Artist shall retain copyright and other intellectual property rights in and to the Artwork Design and/or Work. By execution of this Agreement, Artist grants to the City an exclusive, perpetual, royalty free, and irrevocable license to graphically depict or publicly display the Artwork Design and/or Work for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Artwork Design and/or Work intended to promote or benefit City, its public services or its public purposes,regardless of whether or not a fee is charged to the public,or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. b. In view of the intention that the Artwork Design and the Work be unique,Artist shall not make any additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant permission to others to do so except with the express written permission of City. However,nothing herein shall prevent Artist from creating future artworks in Artist's manner and style of artistic expression. C. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Artwork Design and/or Work,except as those rights are limited by this Agreement. City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Artwork Design and/or Work and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "©date,Artist's name." d. Nothing in this Agreement shall prevent the Artist from using images of the Artwork Design and/or Work for marketing and promotional purposes in connection with the Artist's business. e. City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist 6.2. Artist's Address. Artist shall notify City of changes in Artist's address as set forth in Article 12. 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 9 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 enforce these provisions 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. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT a. Artist represents and warrants that: i. Artwork Design and/or Work shall be the original product of the Artist's sole creative efforts. ii. Artwork Design and/or Work is and will be unique and original,and does not infringe upon any copyright or the rights of any person; iii. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Artwork Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Artwork Design and/or Work (or duplicate thereof) have not been accepted for sale elsewhere; V. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vi. All services performed hereunder shall be performed in accordance with all applicable laws,regulations,ordinances,etc.,and with all necessary care, skill and diligence. ARTICLE 8 ARTIST AS INDEPENDENT CONTRACTOR Artist shall perform all work and services 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 performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Artist,his/her officers, agents, employees and subcontractors, and doctrine of respondent superior has no application as between City and Artist. ARTICLE 9 INDEMNIFICATION 9.1. General Indemnity. a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS,AND DEFEND,AT ITS OWN EXPENSE,CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, 10 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE,INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE)AND/OR PERSONAL INJURY(INCLUDING,BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. b. Artist agrees to and shall release City from any and all liability for injury,death,damage,or loss to persons or property sustained or caused by Artist in connection with or incidental to performance under this Agreement. C. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations,including,but not limited to,the assumption of any and all responsibilities for paying royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize,permit,or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE,DEFEND,INDEMNIFY,AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO,ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP,AUTHORSHIP,OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Artist. 11 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 ARTICLE 10 EQUAL OPPORTUNITY a. Artist shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and warrants that to the extent required by applicable laws,it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. b. In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred from further agreements with City. ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Artist shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of Artist's services under this Agreement. 11.2. Entire Ajzreement. 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. 11.3. 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. 11.4. 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. 11.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas —Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11.6. Successors and Assi ns. 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 12 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and their respective successors and permitted assigns. 11.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist,and any lawful successor or assign, and are not intended to create any rights,contractual,or otherwise,to any other person or entity. 11.8. Severability. If any provision of this Agreement shall be held to be invalid,illegal,or unenforceable,the validity,legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 11.9. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that, if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 11.10. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 11.11. Fiscal Fundinp,Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery by City to Artist of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 11.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 13 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 11.13. Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Work (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three(3)years thereafter,the Artist shall make all Records available to the City at 200 Texas 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. Artist shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13. 11.14. Certified MBE/WBE. If applicable,Artist is encouraged to make its best effort to become a certified Minority Business Enterprise (MBE)or Woman Business Enterprise(WBE)firm with a certifying agency whose certification is accepted by the City under the City's Business Diversity Enterprise Ordinance. 11.15. Survival Provision. The provisions contained in Articles 4.5 (Incapacity of Artist), Articles 6 (Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Artist as an Independent Contractor), 9 (Indemnification)and 11.13 (Right to Audit)shall survive the termination or expiration of this Agreement. 11.16. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts,each of which will be deemed an original,but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 11.17. Time Extensions. The Parties may agree, in writing,to extend or modify any of the time deadlines set forth in this Agreement. 11.18. Israel. Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. If Artist is considered a"company,"by signing this contract,Artist certifies that Artist's signature provides written verification to the City that Artist: (1)does not boycott Israel;and(2) will not boycott Israel during the term of the Agreement 14 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 ARTICLE 12 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: Jesus J.Chapa,Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street,Third Floor Fort Worth,Texas 76102 Copies to: Sarah Fullenwider,City Attorney Office of the City Attorney City of Fort Worth 200 Texas Street,Third Floor Fort Worth,Texas 76102 Martha Peters,Director of Public Art , Arts Council of Fort Worth&Tarrant County 1300 Gendy Street Fort Worth,Texas 76107 2. ARTIST Elena Manferdini 1024 Harding Ave., Suite 202 Venice,California 90291 IN WITNESS HEREOF,the Parties hereto have executed this Agreement to be effective as of the Effective Date. CITY OF FORT WORTH ARTIST by: Jesus J.Chapa 7-9 Manterdini Assistant City Manager Artist Date: , � ���C� Date: %019 OFM AL RECORD Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 CITY 51100 ^ 29 Contract Compliance Manager By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name: Michelle Richardson Title: Public Art Project Manager APPRO AS TO FORM AND LE LITY: Jessica S svang Assistant Attorney II Form 1295:Not required (!D A TESTED BY: Mary J.Kayser City Secretary Contract Authorization: M&C—No M&C Required oFFot Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18r Exhibit A: Elena Manferdini Resume and Portfolio 1024 Harding Ave.,Suite 202 Venice,CA 90291 U.S.A. ++1 310 4030081 www.ateliermanferdini.com info@ateliermanferdini.com Elena Manferdini Education: 1997-2000 University of California,Los Angeles Master in Architecture,Department of Architecture and Urban Design. 2017"Chicago Architectural biennial:Make new history"group show curatedby Mark Lee&Sharon Exhibitions, Johnston at Chicago Cultural Center(Chicago,from September 16th 2017,201VIo January 7th-2018) Installations of "Body,Object,Enclosure Exhibition"group show at Design Exchange Museum of various designs by Atelier Atelier Manferdini(Toronto,from October 13th to November 30th-2017) Manferdini "Over and Over" roup show at Columbia College Chicago of various designs by Atelier Manferdini works: (Chicago,from November 16th 2017 to February 19th-2018) Urban Fabric Rugs exhibition at Art Labor Gallery featuring 2 full-scale ru s designed by Atelier Manferdini and a series of printed silks.(Shanghai,from July 28th to August 31st-20 ) "Drawingg Codes"group show curated by Andrew Kudless&Adam Marcus at CCA(San Francisco from January f7th to February3rd-2017)and at WoHo(Los Angeles,from July 8th to August 20th-201'/) "Twoness"solo show at ToCo Haus Gallery of 66 miniatures printed drawings and 12 samples of hand woven caar�ppets designed by Atelier Manferdini for Urban Fabric Rugs.(Los Angeles,from January 27th to July 1st-2 17) 2016"Alessi IN-possible.Before an idea is brought to life"ggroupp show curated by Francesca Appiani at La Triennale(Milan,from December 17th-2016 to January 8th'1017) "Poetics of Relation-Multiplicity and Diversity in Contemporary Reality"groupp show curated by Natalie Mik at DAC Gallery(Los Angeles,from September Sth-2016 to October 21 st ZO16) "Ink on mirror"solo show of Elena Manferdini models at Industry Gallery(Los Angeles,from August 18th- 2016 to January 7th 2017),part of MADE in LA organized by Hammer Museum. "Sharing Models:Manhattanisms"group show curated by Eva Franch at Storefront(New York,from July 14th to September 3rd,2016) "Building Portraits"solo show of Elena Manferdini drawings at Industry Gallery,(Los Angeles,from January 30th-2016 to March 26th 2016),part of the show has been acquired by SFMOMA for their permanent collection. "Close U "collective show of Elena Manferdini building detail at SCI-Arc Gallery(Los Angeles,from March I iP 2016 at 7:00pm—May 29,2016) 2015"At human scale"site specific installation for BMW Korea campaign,full scale scale exhibition at the Design Art Work fair(Seoul,from May 20th-24th 2015) "Building the Picture"solo show curated by Zoe Ryan,lar a scale printed installation and video projections exhibited at the Art Institute of Chicago(Chicago,from March 7th to September 20th 2015) "IN-POSSIBLE.Backstories:the process behind the industrial design"collective show curated by Francesca Appiani,object design prototty�ppes for Alessi Blossom exhibited at the Design Museum of Holon(Holon, from March 25th to June 6th, 15) 2014"The future is not what it used to he"group show curated by Zoe Ryan,large scale printed installation and video projections exhibited at the 2nd Istanbul Design Biennial(Istanbul,from November Ist to December 14th 2014) "AQUA ART MIAMI"group show curated by Industry Gallery,4 large scale printed panels, furniture and accessories exhibited at the I0th International Contemporary Art Fair Miami(Miami,from December 3rd to 7th 2014) "COLA"group show curated by Scott Cantu,4 large scale printed panels exhibited at the Los Angeles Municipal Art Gallery(Los Angeles,from May 4t 2014 to June 1th 2014) 'Prog,getto Staveco.Un nuovo polo universitario tra centro storico a collina",14 architectural projects for the ex.STA.VE.CO.in exhibition at the Urban Center(Bologna,from February 19th 2014 to March 9th 2014) "Almost Anything goes"group show curated by Miki Garcia,custom designed furniture at the Museum of Contemporary Art(Santa Barbara,from January 4th 2014 to March I6th 2014) 2013"Erasmus Effect"group show curated by Pippo Ciorra,"Merletti"video projection at the 17 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/I8 MAXXI(Rome,from December 5th 2013 to May 25th 2014) "Digital infiltration"curated by Weiguo Xu,a site specific installation"Smeared Projections"for DADA Beijing Architectural Biennale(Beijing,opening September 28th,2013) "GUS1G1,MASIGI"5th Gwangju Desiggn Biennale in Korea,"Massive Projections"a site specific wall installation(Gwanj iu,September 6th—N ovember 11 th,2013) "The artistic furniture" roup show curated by Christina Kang at the L'espace7l(Seoul Korea,from November 6th 2013 to November 8th 2013) "A New Sculpturalism:Contemporary Architecture from Southern California"group show curated by Christopher Mount,design of a full scale indoor avilion"Tempera"for the Museum of Contemporary Art (Los Angeles,June 16th—September 15th,2013 "Data Curation"group show curated by Jeungmin Noe,Alessi blossom in exhibition at Museum of Art,Seoul National University(Seoul,May 23rd —August 18th,2013) "Flower in Contemporary art"groupp show curated by Andi Campognone two largge print on metal panels at MOAH Lancaster Museum of Art&History(Lancaster,May 9th—June Oth,20I3) "Progetto Staveco:Un nuovo polo universitariotra centro storico a collina"group show funded by Alma Mater Studiorum Universita'di Bologna in exhibition at Aula Magna di Santa Lucia(Bologna,13th-30th May,2013) "Eye Candy"solo show at Industry Gallery,Pacific Design Center Los Angeles;custom furniture,videos, drawings(Los Angeles,from 17th January to 8th March,-2013) 2012"Synthetic Digital Ecologies"group show curated by Natalie Gatteggno and Brian Price for ACADIA at California College ) Arts(San Francisco,from October 18th to October2lst 2012) "Ob'ects by architects"ggroup show curated by Sarah HirschmanAlessi Blossom in exhibition at THE MIT KE LER GALLERY(13oston,19th September—23rd October,�O 12) "This space is not empty"a site specific installation"Fresco"for Design Matters Gallery (Los Angeles,from May 17th to Junel6th 2012). "Painted Canvas"site specific installation for Seika University(Kyoto,from February to July 2012). 2011"Sensorium,Lucid Dream"an interactive Installation for Sephora and Firmenich,design in collaboration with D4D(New York,from October 15th to November 27th 2011). "Lost in Lace;transparent boundaries"group show curated by Lesley Millar,site specific installation "Inverted Crystal Cathedral"sponsored by swarovski at the Birmingham Museum and Art Gallery (Birmingham,from October 19th 2011 to February 191h 2012). "Deep Surface:Contemporary Ornament and Pattern"group how curated by Denise Gonzales Crisp and Susan Yelavich,various architectural models and objects of Contemporary Art Museum in North Carolina (Raleigh,September 23rd 2011 to February 12th 20112). Various architectural models and desiggn ob ects exhibited at the Italian Institute of Culture in Los Angeles as part of the Art Venice Biennale(Los Angeles 2011). "Arlecchino"wall installation at Texas A&M University(College Station,April 2011). Alessi launches Elena Manferdini design for Officina Alessi at the Maison&Object(Paris,January 21-25th, 2011). "Audience of Objects"group show curated by Eric Owen Moss,exhibition of architectural models at SCI- Arc Gallery(Los Angeles from February 4th to April 22nd,2011). 2010"Progetti di iovani italiam"group exhibition at the Triennale di Milano(Milan,from December 3rd 2010 to January211). "Machinic Processes"group show curated by Neil Leach and Weiguo Xu various architectural designs exhibited at the Beijing Architecture Biennale(Beijing,from October 15t(r to 31st 2010). "Austrian Pavilion"group show curated by Eric Owen Moss various architectural designs exhibited at the 12th International Architecture Biennale"People meet in architecture"(Venice,from June 29th to November 21 st 2010). "WORK-Shop"group exhibition curated by Larry Richards(Toronto,January 23rd 2010). 2009"From the spoon to the city" roup exhibition curated by Wendy Kaplan,furniture and clothing design at LACMA(Los Angeles,from l It�i August to 12th November 2009). "Wild Child"grou�pp exhibition curated by Peter Macapia at Bridge Gallery(New York,from July 9th to September 12th 2UU9). "BeyondMedia"QQroup show curated by Paola Giaconia,exhibition of`Vision Wal'installation(Florence, from July 9th tollth 2009). "L'impossibile accade di rado maaccade talvolta:Rassegna di architettura a design e cast advanced architecture Settimo Tokyo";Pabric Tower exhibition(Turin,from June 23rd to July 17th 2009). "Celebrate Architecture"b=roup show curated by Scott Canty,various architectural designs exhibited at Palos Verdes Art Center(from March 20th to April 2bth 2009). 2008"(Im)material Processes"group show curated by Neil Leach and Weiguo Xu;various architectural designs exhibited at 798 Beijing Architecture Biennale(Beijing,from October 15th to 20th 2008). "works in progress"solo show at the Italian Institute of Culture(Los Angeles,from September 12th to November 29th 2008). 18 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 "Skin and Bones"group exhibition curated by Brooke Hodge,various clothing designs at Somerset House(London,from April 24th to 10th August 2008) "Merletti"site specific installation at SCI-Arc Gallery(Los Angeles,from March 28th to May 11th 2008). 2007"Skin and Bones" roup exhibition curated byy Brooke Hodge,various clothing designs at The National Art Center(Tokyo,fromlune 6th to August 13th 2007) 2006"Entropy:the art in architects"exhibition various architectural models for Koplin Del Rio Gallery,Los Angeles. "Schindler House Vertical Garden"growp exhibition of competition entries for the Schindler House garden on Kings Road at the MAK Museum of Applied Arts(Vienna,from June 9th to July I0th 2006). "Skin and Bones" roup exhibition curated by Brooke Hodge,various clothingg designs at Museum of Contemporary Art Los Angeles,from November 19th 200b to March 05th 2W7) "Emergin talents,emer ing technologies"group show curated by Neil Leach and Weiguo Xu;US West Coast Pavilion design at he"Beijing Architecture Biennale(Beijing,October 2006). 2005"Swarm"couture design exhibited at Effection Show at Ford Mason(San Francisco,November 19th 2005). "Oblique Design"industrial design objects in exhibition at Macef 2005(Milan)."California Design Biennial"curafed by Wesley Jessup;fashion designs in exhibition at Pasadena Museum of Contemporary Arts(Los Angeles,June 17th to August 28th 2005) Public Artwork: FALL 2017:BUILDING PORTRAIT permanent art work installation for the Hermitage facade commissioned by The Allen Moms Company(7001st Ave South.Saint Petersburg,FL 33701) FALL 2016:INVERTED LANDSCAPES two pemranent art work installation for the Zev Yaroslaysky San Fernando Valley Family Support Center(7515 Van Nuys Blvd.Van Nuys,CA 91405) SUMMER 2016:ART FINS,fagade shading panels for Alexander Montessori School in Miami(17800 Old Cutler Road Miami,FL 33157,USA) FALL 2017:LA PEER HOTEL(627 North La Peer Drive,West Hollywood,CA 90069)permanent gate for the entry of the La Peer Hotel in West Hollywood SPRING 2015:COLOR BY NUMBERS,500 sqf facade for a multifamily condominium in Los Angeles(1013 Genesee Ave,West Hollywood,CA 90046,USA) SPRING 2015:LOO WITH A VIEW,800 sqf female and male restroom with ceiling artwork for the Longmont Museum in Colorado(400 Quail Rd,Longmont,CO 80501,USA) WINTER 2013:NEMBI a permanent artwork installation at the Hubert Humphrey Comprehensive Health Clinic(5850 S Main St,Los Angeles,CA 90003) Awards and 2017 Alexander Montessori school in Miami,Florida(public art facade by Atelier Manferdini)has recognitions: been awarded the 2017 Merit Award for Excellence and the 2017 People's Choice Award by AIA Miami. 2016 Public art project"Inverted Landscapes"has been selected and recognized as part of the American for the Arts 2016 Public Art Network Year. PAN received 260 applications and selected a total of 38 projects in United States. 2013 Awarded the 2013 AIA1 LA Presidential Board Honor Award in the field of Education given by American Institute of Architects in Los Angeles. Awarded the 2013 ACADIA Innovative Research Award of Excellence to recognize Elena Manferdini consistent contributions and impact on the field of architectural computing. Awarded the 2013 COLA Fellowship given by City of Los Angeles Department of Cultural Affairs to support the production of original artwork. Awarded the 2013 Graham Award by the Graham Foundation to recognize Elena Manferdini artistic accomplishments. 2012 Awarded the ARC Grant by the Center for Cultural Innovation(CCI)to recognize Elena Manferdini artistic accomplishments. 2011 Blossom design for Alessi wins the Good design Award USAartist grant recipient for Architecture and Design. 19 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 _..... 5 � 1 � r :7777 PAW- = . ¢ , i ' F 20 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 41- mad m Page 21 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 +�'� '.:n-tr �':�•� �, s. `�' ..� ifs. �� 1 h m f r�AOr 'r. �"..• �• Qom. _ �J"°y '� i4 t� -.:r.a. Vke .. ► Page 22 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 Exhibit B: Project Outline f04; W<)RTN PV9eIC ART Eastside Family Library Public Art Project Outline The City of Fort Worth is currently working with KAI Texas architects to design and construct the new Eastside Family Library, a space specifically designed to engage youth ages 0-18 and their families.The 8,000 square foot library will be the first of its kind in North Texas.The new building will be located at 3851 East Lancaster Avenue in Council District 8. Construction is anticipated to begin in January 2019. This project is associated with the East Lancaster Public Art Plan,a document outlining a corridor-wide vision that sets forth a conceptual design framework linking the "nodes"of activity along the East Lancaster Corridor.The plan suggests "a framework for well-designed, linked,visual elements that create a sense of pride, identity,connectivity and delight while reflecting the distinct character of the neighborhoods and urban villages that the corridor supports." At the Project Kick-Off Meeting on November 8, 2017, Library Department Director Manya Shorr asked the design team create an immersive interior design with interactive components to engage children and teens, and promote exploration and creativity. KAI Texas representatives expressed enthusiasm about the prospect of collaborating with an artist to achieve that goal. The Eastside Family Library Project Core Team met January 22, 2018 where they discussed their aspirations for the project.A consensus was reached that the artwork should be dynamic and futuristic, be approachable for different types of learners(and ages),and have creative longevity. PUBLIC ART BUDGET The Public Art Plan for the 2014 Bond Program designated$65,040.00 in 2% public art funds for the Eastside Library.The project is included in the Fort Worth Public Art Fiscal Year 2018 Annual Work Plan and Budget,which was adopted by the Fort Worth City Council on October 17, 2017(M&C G-19139). FWPA staff recommends reallocating funds from the 2008 Bond Program in the amount of$245,907.00 which, if approved by the Bond Council and City Council, will create a total project budget of$310,947.00 including contingency and project management costs. By using these bond funds from a nearby street project, part of the artwork would have to be outdoors and be visible from the original location of artwork of S. Perkins Street and East Lancaster Avenue. An additional$10,000.00 has been pledged by local community members Don Boren and Wanda Conlin for the purpose of public art at the new community library. PUBLIC ART APPROACH This public art project offers an opportunity for an artist to partner with KAI Texas Architects to create an inspiring and imaginative learning environment for youth in the community.Working together,the artist Page 23 of29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 and design team will explore a range of possibilities,with input from the library staff and community stakeholders,to create a truly unique space in Fort Worth that is engaging for young patrons and their parents.The selected artist will design artwork(s)for the library while also providing input alongside the architectural team to create a holistic interior and exterior space. When the City's Design Consultant presents the schematic design to the community in late February 2018, FWPA staff along with the selected artist,will use the opportunity to learn more about the approach the community would like for the space.The artist's ideas will be instrumental throughout the design process to incorporate artwork seamlessly into the fabric of the building.The project is anticipated to be a fast- moving,exciting collaboration for all involved. ARTIST ELIGIBILITY Arts Council Public Art staff will select approximately 6-8 public artists whose work will be a good fit for the project;this list will be based on the Pre-Qualified List of Public Artists, as well as by invitation. PROJECT CORE TEAM 1. Wanda Conlin 2. Don Boren 3. Amy Milenkov 4. Robyne Kelly 5. Greg Hughes 6. Sultan Cole 7. Joanna Hudspeth 8. Erin Blythe 9. Tonya Ferguson ARTIST SELECTION PROCESS ARTIST SELECTION PANEL#1 (January 2018) Arts Council Public Art staff shall curate approximately 6-8 qualified artists from the Fort Worth Public Art Pre-Qualified List of Artists and may invite other artists to be considered.All artists will be contacted prior to the Artist Selection Panel Meeting to ascertain their interest and availability.After an initial presentation of artist's images and qualifications to the panel,the panel shall select the three finalists and one alternate they feel is the best fit for the project. ARTIST SELECTION PANEL#2(Late January/Early February 2018) The Artist Selection Panel shall reconvene to conduct interviews with the three finalists based on portfolio history and their aesthetic as it relates to the project.The panel will then recommend one artist and one alternate for the project. Upon the Fort Worth Art Commission's approval of the Panel's recommendations,the selected artist will be placed under a Preliminary Design Team Contract. Selection Panel Meetings Facilitator: Michelle Richardson, Public Art Project Manager,Arts Council of Fort Worth ARTIST SELECTION PANEL(Voting) 1. Wanda Conlin, Project Core Team Voting Member 2. Tonya Ferguson, Project Core Team Voting Member 3. Bethany Dodson, Fort Worth Art Commissioner Page 24 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 4. Chris Gonzalez,Artist 5. Jasmine Martin, KAI Texas, Project Consultant ADVISORS(Non-voting) 1. Council Member Kelly Allen Gray, District 8 2. Andrea Rogers-Henry, Library Advisory Board,Council District 8 3. Manya Shorr, Fort Worth Library Director 4. Osei Baffour, Regional Librarian Supervisor 5. Chris Dennis, Library Assistant Director of Public Service 6. Alfonso Meza, Project Manager, Property Management Department 7. Other Project Core Team Members 8. Others,as appropriate TIMELINE(Subject to change) Fort Worth Art Commission (FWAQ Approval of Project Outline December 11, 2017 Artist Selection Panel#1 January 2018 Orientation of Finalists January 2018 Artist Selection Panel#2 February 2018 FWAC Approval of Artist February 12, 2018 Preliminary Design Team Contract Executed February 2018 Schematic Design Community Input Meeting late February/early March 2018 Final Design Contract Executed Summer 2018 Commission Contract Executed TBD Artwork Installs Fall 2019 Page 25 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 Exhibit C: Site up V REFUSE i ----- ENCLOSURE FLAG POLES BIKE RACKS STAFF ENTRY E%TERIOR LOCKERS PLAZA ENTRY � t x � 6 i SENSORY GARDEN # GATE 's t F'. s f FORT WORTH FORT WORTH EASTSIDE FAMILY LIBRARY N SITE PLAN Ir ss. MARCH 6TH,2018 Page 26 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 Exhibit D: Budget Form PORT WORTH PUBLIC ART PROJECT BUDGET Please complete this form and attach a signed receipt or estimate complete with per unit casts(no fump sums)for all items designated with an asterisk(*).Cost increases must allo have a written estimate attached. ARTIST'S FEE TRAVEL (For artists who live more than 50 miles from Fort Worth) Airfare Car Rental Per Diem Expenses at S_per day Mileage at;per mile INSURANCE Auto/Hired Vehicle Liability General Liability for Artist/Subcontractors Worker's Comp./Employer's Liability Other,as applicable ADMINISTRATIVE EXPENSES Phone/Fax Delivery/Shipping(for correspondence,samples,models,drawings etc) Reprographic Service Supplies PROFESSIONAL CONSULTANT FEES (N applicable,drawing must be signed and sealed by a professional registered to practice in the State of Texas) Architect* Structural Engineer' Electrical Engineer' Conservator' Photographer(for documentation of completed work)' OtheP MATERIALS (Please attach a complete list of materials.Itemize all anticipated aspects and components with per unit cost estimates) Materials`Total FABRICATION COSTS (Include and itemize all portions of subcontracted work and work to be completed by artist.) Artist's Labor( hours at$,per hour)Total Subcontracted Labor'(Total) Facility/Equipment Rental(used exclusively for this project)related to fabrication SITE PREPARATION (Do not include costs covered by FWPA,City of Fort Worth or others) Test Wiling* Removal' Landscaping/Irrigation' Electrical Modifications' Water Work/Mechanical Devices Other' (Revised May 2011) Page 27 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 Waw WoduMod w4am Dovkaa 011.1, Coat kweem?:Pwoc"d kxreease in Caw Bib Ptapwatbn 12 Mathe In Fuer. TRANSPORTATION MaautMs to Fabricwbn SW Rnbhed W ak b InstAkslon SW diver Cwt ktcwssseo?:PtpjstMd incraasa in Cow Ttarupottatim 12 Months In Fusra BASE MOUNTING so" Mwoktp Dawbss wtd CanpoawNt FotvWdWFbd q 0®tw Ocw k=sara?:Proocaed kwwrts in Coat t iwrtkgrFodinp 12 Months In Fuara WSTALLATKNI COSTS (Cwts move kwkda rowans for aaw hours k""ti ,/oppksbW PI~arotceh a oww ku bad 60Aosant OW ktdkrlduH awimatas wrth tt"form) SrboanteoW Labor Scdkklkg- E**W wt PAWW tttstad to bukd tw 0"ft PaMoMSa-Iftr Trsfao 8wd4w Slo-p Fwfr Ramat City Pwmb D**Dwion fib" SAS AattnrVI t1, cow" Cow kcwssw?Pwjaotd Inemee in Cow 1rwWtkn 12 MortM In Fuwm LKiNTING mss. Fit%~ 9~ Site Prapwttkw Cast Inems"?-PwodW Inco w in Cast Lip"12 Maths In Fulcra Cifuui0 TOTAL 11nelu V prokr w 0ov womaw a atilt► Po"M maks wly f0cossary ossa too: Prtpmed By: Data: Page 28 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18 Exhibit E: Sales Tax Exemption Waa8 l 't {sem,.WM TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION Nacre of purchaem,firm or ageM City of Fort Worth,Texas Address(Shrert d nlxabW..P.O.Box or Route rwmbo Phone(Area code and number) 200 Texas Street 817.392.8360 CRY,slate,ZIP code Fort Worth,Texas 76102 I,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable items described below or on the attached order or invoice)from: Seiler: A6 Vendors Street address: City,State,ZIP code: Description of Rema to be purchased or on the attached order or invoice: All Items except motor vehicles as listed below Purchaser claims this exemption for the following reason: Municipality,Governmental Entity I understand that I will be liable for payment of all stale and local sales or use taxes which may become dire for failure to comply with the provisions of the Tax Code and/or all applicable law. I understand that it is a criminal offense to ghv an exenW(lon certificate to the sellerfortaxable Items that 1 kww,at the time ofpurchase, w16be used lo a manneroCterNran that expressed in Nts certificate,acrd deper4hg an the amount o flax evaded,the offense mayrww Irom a Ciass C miBdemeanor to a Ila"of the second degree. .. ......... Date I gre Finance Director/CFO January 3,2017 NOTE: This certificate cannot be Issued for the purchase,lease,or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax'Exemption Numbers"or'Tax ExarrW Numbers do not exist. This certificate should be furnished to the supplier.Do not send the completed Certificate to the Comptroller of Public Accounts, Page 29 of 29 Preliminary Design Agreement CFW and Manferdini Execution Copy 5/15/18