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HomeMy WebLinkAboutContract 34031 T'( Ul'CRETARY lz& .1 N R,`!,CT NO. AGREEMENT FOR COMMISSION OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CONNIE ARISMENDI This Agreement ("Agreement"), entered into this al day of a�j , 2006, is by and between the City of Fort Worth, a home rule municipal corporation of the State of Texas (the "City"), acting by and through Libby Watson, its duly authorized Assistant City Manager and CONNIE ARISMENDI, (hereafter referred to as 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'S IT SOLUTIONS DEPARTMENT for the ROLLING HILLS RADIO TOWER Facility (the "Site"), located at 2500 SE Loop 820, Fort Worth, 76140 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-21328) for final design development, fabrication, delivery and installation consultation of the proposed untitled light sculpture at the Site. This three- dimensional work of art ("Art Work") is more particularly described as five or more rings of light fabricated in I-light Plexineon, or equal product, ranging from approximately 12' to 50' diameter installed on the upper 180' of the 480' tower of the Site. WHEREAS, City and Artist wish to set out the terms and conditions under which said Art Work shall be executed, fabricated and installed. 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 to execute the final design and proceed with fabrication, delivery of the lighting system and provide installation consultation of light sculpture for the Rolling Hills Radio Tower project. The structural elements supporting the Art Work will be included in the construction documents and the general contractor will install the Art Work during construction of the tower 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. d. Artist shall only be responsible for those services detailed in this Article 1 of this Commission Contract and Artist shall not be responsible for performing any services which are not included herein. No additional services are to be added or expected of Artist without written consent of both City and Artist. 1.2. Artist Selection. City and Artist acknowledge that Artist's conceptual design, accomplished under a proposal agreement between the Arts Council of Fort Worth and Tarrant County, Inc. and the Artist dated March 22, 2005 and said design attached hereto as Exhibit "A," 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. City shall give written approval of Artist's schedule ("Approved Schedule"). Artist shall fabricate, transport and FIC-'1Al 5.ECO2D 2 deliver the Art Work in accordance with the Approved Schedule. Changes to the Approved Schedule 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 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 "A" and final design approval. 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 "A." City, with consideration of Exhibit "A," shall determine whether a significant change is approved. 1.4. Delivery and Installation. a. Artist shall provide preliminary lighting specifications and working drawings to show the attachment method to incorporate lighting to the tower structure. The City or its designee will provide specifications and drawings as required for completion. Artist shall not be responsible to provide technical drawings or specifications to guarantee the structural integrity of the Art Work. b. Artist shall notify City in writing when thud party fabrication of any components of the Art Work, which are not otherwise to be constructed at the site, are completed and ready for delivery and installation at the Site. C. Artist shall deliver and provide installation consultation of the Art Work at the Site in compliance with the Approved Schedule; provided, however, that delivery may not commence until written permission is delivered to Artist by City. d. City shall be responsible for labor and equipment or costs associated therewith to prepare the tower structure for installation and shall install the Art Work. e. 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 Art Work is delivered to 3 the Site. Artist shall repair any damage to the buildings or ground due to Artist's negligence or the negligence of Artist's subcontractor during delivery. f. 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 final design phase for the Art Work. 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. One overview of the tower and lighting rings in situ, both day and night, and, 2. Detail images showing the tower and lighting rings from each of the four different viewpoints; and Artist shall submit an original set of professional quality slides, transparencies, or high resolution digital images as selected by Contract Manager to document the project after the Art Work is installed. 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 in Sections 1.3, 1.4 and 1.5 have been completed in substantial conformity with Exhibit "A" 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. 11FFK`-^2JAU BOB 4 C'Ip�U/ �M�RAI2Y 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. Artist shall require its fabrication subcontractor to purchase property loss insurance, which policy shall include "while in transit" coverage to protect the Art Work from loss or damage during delivery. Notwithstanding the above, the risk of loss or damage shall be borne by City prior to Final Acceptance, but after delivery to the Site and 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, installing 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 FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000), 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 final design, execution, fabrication, transportation, delivery, installation consultation, 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- 5 hereof5 a. Twenty percent (20%) upon execution of this Agreement. b. Fortes percent (40%) upon approval by City of (1) Artist's final detailed specifications regarding lighting diameter, and placement on radio tower; (2) the schedule of completion; and (3) copies of written agreements between Artist and her lighting subcontractor. C. Twenty five percent (25%) upon submission by Artist to City of (1) a written request to proceed with delivery and consultation at the Site and (2) written documentation that fabrication of lighting is complete and ready for delivery. d. Fifteen percent (15%) within thirty-five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of services and supplied rendered to the Artist [see Section 1.6 (a)]; provided, however, that final delivery shall not be tendered prior to the expiration of thirty (30) 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. 6 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 Approved Schedule or any amendments thereto. 3.2. Early Completion of Artist Services. Artist shall complete fabrication of Art Work in accordance with the Approved Schedule. Artist shall bear any transportation and storage charges incurred from the completion of his or her services prior to the date of delivery in the Approved Schedule. 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 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; J^o'1 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 shall obtain from the manufacturer of the Art Work warranties 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; and C. Reasonable maintenance of the Art Work will not require procedures substantially in excess of those described in the final maintenance recommendations to be submitted by Artist to City under Section 1.4. Artist shall also obtain from the manufacturer an assignment to the City of all such warranties. The Artist will ensure that any warranty assigned to the City as described in this Section 4.2 shall survive for a period of one (1) year after Final Acceptance of the Art Work. ARTICLE 5 INSURANCE 5.1. General. Insurance will not be required as Artist will participate solely in a supervisory capacity during the artwork installation. Artist's subcontractor who will provide delivery to the site shall carry insurance as set out in Exhibit "B". 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. 8 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. 6.2. Notice. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the following form: "© Artist team names, 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 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 services. Should Artist fail to agree to 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. 10 aTV, EUE,QELAI,2Y 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. 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 ar�d tCITY heE RF� 9�a exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely 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. 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 12 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 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 13 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. 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 s FP IC�;,I 1EC0P0 14 CITY IC-PE URl 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. 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 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. 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. 13.7. Right to Audit. The Artist agrees that the City will have the right to audit the financial and business records of the Artist that relate to the Work (collectively "Records") at any time during the Term of this Agreement and for 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 on 1000 Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Notwithstanding anything to the contrary herein, this Section 13.7 shall survive expiration or earlier termination of this Agreement. ARTICLE 14 NOTICES 01F1C1AU ROD 16 CITY Er'-P nPY 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: 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 Connie Arismendi 4009 Rosedale Avenue Austin, Texas 78756 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 Attested By: By: Libb atson Assistant City Manager City Secret ARTIST M&C C-21328 Contract Authorization 066nie Arism ndi Date APPROVED AS TO FORM: Assistant City Attorney F f. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/28/2006 DATE: Tuesday, February 28, 2006 LOG NAME: 03ARTARISMENDI REFERENCE NO.: C-21328 SUBJECT: Authorization to Enter into an Artwork Commission Contract with Connie Arismendi for Public Art/Design Enhancements for the Rolling Hills Communications Tower RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Artwork Commission Contract with Connie Arismendi for final design development, fabrication, delivery and installation consultation of the proposed, untitled light sculpture to enhance the new Rolling Hills Communications Tower, in an amount not to exceed $50,000. DISCUSSION: Under the recommended Artwork Commission Contract, Connie Arismendi will finalize the design specifications and proceed with fabrication, delivery and installation consultation of the untitled light sculpture for the Rolling Hills Communications Tower project to be constructed at the Rolling Hills Water Treatment Plant, 2500 SE Loop 820, Fort Worth 76140. The structural elements supporting the artwork will be included in the construction documents, and the general contractor will install the artwork during construction of the tower. BACKGROUND: On May 17, 2005, the City Council approved the Long-Range Public Art Plan for the 2004 Capital Improvement Program (CIP), in which the Rolling Hills Communications Tower project was identified for a public art/design enhancement component because of its visibility in southeast Fort Worth. Due to the height of the tower (over 400'), on May 9, 2005, the Fort Worth Art Commission (FWAC) made a funding recommendation to augment the $23,500 available in 2004 CIP (Proposition 5) public art funding with $26,500 from the Water Contribution for Public Art in the Specially Funded Capital Projects Fund in order to make a more significant visual impact. This recommendation is consistent with the recommendations contained in the Draft Long Range Public Art Plan for the Wafer Fund. The Arts Council of Fort Worth & Tarrant County, on behalf of the City of Fort Worth, issued a statewide Request for Proposals for the project in Fall 2004. An informational meeting for artists was held at the site on December 10, 2004. Proposals were due on January 31, 2005. On February 3, 2005, the Artist Selection Panel met, reviewed seven artist proposals, and then unanimously recommended Connie Arismendi's proposal. On February 7, 2005, the FWAC approved the Artist Selection Panel's recommendation of Connie Arismendi for the project. Due to a change in the construction schedule for the tower, this project has been on hold. However, the project is now moving forward, with construction scheduled for completion in Fall 2006. The Artist Selection Panel consisted of: Logname: 55SPINKS RAMP Page I of 2 Selection Panel (Voting): Mayor Pro Tem Ralph McCloud, Council District 8 Bernard Hamilton, Glencrest Civic League (Council member McCloud's community representative appointee) Albert Komatsu, AIA, Fort Worth Art Commission Cam Schoepp, Professor, Texas Christian University (FWAC appointee) Peter Ungar, Assistant Director/Chief Telecommunications Officer, IT Solutions Department Advisors (Non-Voting): Robert Arms, Water Department Mark Bottroff, IT Communications & Infrastructure Services Group, IT Solutions Department Although this project is physically located in COUNCIL DISTRICT 8, it will serve all Fort Worth residents. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the ITS Improvements Fund and the Specially Funded Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P250 541200 031980028680 $23,500.00 C291 541200 031980028680 $26,500.00 Submitted for City Manager's Office by: Libby Watson (6199) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Sandy Oliver (7371) Logname: 55SPINKS RAMP Page 2 of 2