HomeMy WebLinkAboutContract 35420 (2)�'" T +, � c-� --- ,-. �p
; C§ i _�'�t ' E� ��� i
! , �.9�
AGREEMENT FOR IYESIGN OF P�JBLIC ART WORK
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND ALICE BATEMAN
;
This Agreement ("Agreement"), entered into this :'� `J day of �•�. (_a;�,
2007, by and between the CITY OF FORT WORTH, a home rule municipal coiporation
of the State of Texas (the "City"), acting by and through Libby Watson its duly
authorized Assistant City Manager and ALICE BATEMAN (the "Artist"), residing at
3771 Cockrell Avenue, Fort Worth, TX. 76110. The City has designated the ARTS
COUNCIL OF FORT WORTH & TARRANT COLTNTY, INC., (the "Conti•act
Manager") to manage this Agreement on its behalf. The Contract Manager shall act
tluough Jennifer Loworn, its designated Public AT•t Project Manager.
WHEREAS, the City Council has appropriated funds from the Public Art
Program Funds in the 2004 Capital Improvement Program (CIP) for the design and
placement of works of art at, in, or near the ANIMAL CARE AND CONTROL
CENTER, 4900 Martin St�•eet, Fort Worth, TX, 76119, illust�ation attached hereto as
Exhibit "A" (the "Site"); and,
WHEREAS, the Artist was selected by the Ciry through a selection process
conducted by the Contract Manager with oversight of the Fort Worth Art Commission to
design an outdoor area that provides a place for potential adopters to interact with
animals they are considering for adoption. Artwork elements shall include a sculptural
fence to be attached to the front fa�ade of the building and additional functional amenities
such as benches, a drinking fountain, hardscaping and softscaping, which may be
commissioned as funding permits; and,
WHEREAS, the City and the Artist wish to set out the terms and conditions under
which the Artwork shall be designed in order to promote the integriry of the Artis.t's irleas
i
and statements as represented by the Artwork; , .. --- .: . _. � ��' �
;'I�;,, `,;�.�. � I��;,; I �.�+; �
.�, �:�:. .: U. u; e t':
� �
,,��
; =r� c��,r{ i�,�;1 �' 1r r., 1�;
i�
� .���� .'`JI:I.;i.�'�� ti'�;G:o
1
Page 1 of 22
NOW, THEREFORE, the City and Artist for and in consideration of the
covenants and agreements hereinafter set forth, the sufficiency of which is hereby
acknowledged, agree as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1. General.
a. Artist shall pei-form all services and furnish all supplies, materials, and equipment
as necessary to develop an A�•twork Design for an outdoor enclosed "get
acquainted" area at the Site for potential pet adopters, subject to aesthetic and
structural design review and approval by the City.
b. Artist shall coordinate with the City's project architect JRH Architects to ensure
proper integration of the Artwork into the site and to ensure that there is sufficient
elect�-icity to support lighting fixtures so that the P,rtwork is visible at night.
c. Artist shall meet with and seek input from the designated community advisory
group and City staff, as requested by the Contract Manager.
d. Artist sha11 consult with a qualified art conservator and shall provide written
maintenance recommendations for the sculpture from said conservator to the
Contract Manager.
e. Artist shall present the Final Design to the designated community advisory group,
City officials and the Fort Worth Art Commission for review and approval.
1.2. Deliverables:
Within three (3) months after the execution of this Agreement, Artist shall provide
services and all supplies, materials, and equipment necessary to provide certain
deliverables, as set forth in this Section 1.2 a— d. (collectively, the "Final Design
Deliverables"), to the City for approval of the Final Design. The Final Design
Deliverables shall consist of the following:
Page 2 of 22
a. Two conceptual final design illust�ations of at least 20" x 30" for the Artwork
mounted on foam core and supplied in a high resolution digital format. One
illust�ation shall feature the sculptural fence and associated lighting. The other
illustration shall feature all the possible components of the artist-designed meet
and greet area: sculptural fence with associated lighting, and additional functional
amenities such as benches, a drinking fountain, hardscaping and softscaping.
Items provided during the proposal phase may be included.
b. Matei7al or fabrication samples and/or prototype models, for the sculptural fence
component of the Artwork that shows its size and placement in relation to the
Site, as appropriate.
c. Final wi�itten narrative describing the artist-designed "get acquainted" area along
with cost estimates and maintenance requuements for the sculptural fence and
associated lighting, and separate cost estimates for each additional component.
d. Comprehensive working drawings detailing the means of installing the sculptural
fence at the Site, together with other such graphic material as may be requested by
the City in order to permit the Ciry to cai�y out structural design review. These
drawings must be signed and stamped by an engineer and/or architect licensed to
work in the State of Texas as required by the City. Artist sha11 not be liable for
the use of the drawings submitted under this Section 1.2.d for any use other than
the Final Design.
Upon request by the Artist, the City, the Site architect, engineer and/or project manager
shall promptly furnish all infoimation, materials, and assistance requued by the Artist in
connection with said submission to the extent such matei-ials are available. The City,
upon request, shall also provide coi�-ect scaled drawings of the Site, if available.
1.3 Implementation Budget Total.
Page 3 of 22
Artist shall develop an Artwork Design for the sculptural fence and associated lighting
that is financially feasible relative to the preliminary budget that was provided by the
Artist tl�u•ough the Proposal Agreement. It is understood that the budget for
implementation of the sculptural fence and associated lighting shall be approximately
ONE HUNDRED THOUSAND DOLLARS AND NO CENTS ($100,000), reflecting
total costs and inclusive of fabrication, delivery, installation, insurance, Artist's fees and
t�•avel expenses, and all associated costs for the Artwork. Artist shall provide a detailed
budget, on the budget form hereto as Exhibit `B", for implementation of the Artwork
through an Artwork Commission Contract with the City
1.4. Proposal Selection.
City and Artist acknowledge that the Artist's Preliminary Proposal attached hereto as
Exhibit "C" as reviewed and recommended by the Fort Worth Art Commission is the
basis for executing this Agreement with the Artist.
1.5. Desi�n Review.
a. The City may require the Artist to make such revisions to the Preliminary
Proposal or the Final Design as are necessary for the Artwork to comply with
applicable statutes, ordinances or regulations of any governmental regulatory
agency having jurisdiction over the Final Design Site for reasons of safety and
securiry.
b. The City may also request revisions to the Preliminary Proposal for other
practical, non-aesthetic, reasons.
c. Within thirty (30) days of its receipt of the Artist's submission of the Final
Design, the City shall notify the Artist of its approval, or disapproval, of such
submission and of each revision made in the Proposal. Revisions made pursuant
to this Section 1.4, upon approval by the City, shall become part of the Final
Design.
Page 4 of 22
9 .; ,J
� Id�. � i; 1.ic���.Jk�i;
�� c;��c�I�� ��,����,iirii�%r'��IR�',%hr
i J) V l (;i (. �,7 1� J l�i`� ��i �
� �j '�'`,��'��ii�, �L�r��
d. If the Final Design or any requu•ed revision is disapproved by the City, the Artist
shall have thirty (30) days to resubmit the Final Design in conformance with the
City's requirement.
e. If resubmitted materials are not approved by the City this contract may be
terminated at the City's option, with payment per the payment schedule in Section
2.1.
f. If the Final Design is accepted by the City, this Agreement shall terminate upon
final payment to the Artist for his design services and negotiations for fabrication,
deliveiy and installation of the Artwork shall commence.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
2.1. Fixed Fee.
The City shall pay the Artist a fixed fee of THII2TEEN THOUSAND DOLLARS AND
NO CENTS ($13,000) ("Fee"), which shall constitute full compensation for all services
and materials to be performed and furnished by the Artist under this Agreement. The Fee
shall be paid in the following installments, expressed as percentages (or portions) of the
Fee, each installment to represent full and final, non-refundable payment for all services
and materials provided prior to the due date thereof:
a. Twenty percent (20°Io) upon execution of this Agreement, recognizing the Artist
has al�eady invested time and expense in preliminary design coordination with the
City and its project architect.
b. Thirty percent (30%) within thirry (30) days after Artist provides the services
outlined in Section l.l.b.-c.
c. Forty percent (40%) within thirty (30) days after the Artist submits the
deliverables outlined in Section 1.2.a.-d.
d. Ten percent (10%) within thirry (30) days after City notifies the Artist of its
approval of detailed design drawings, working drawings and other items required
under Section 1.2.a.-d. and 1.3.
Page 5 of 22
2.2. Sales Taxes.
The City is a tax-exempt organization and no state or local sales taxes or federal excise
t�es shall be due upon the Artwork. The City shall supply Artist with the "Texas Sales
T� and Local Sales Tax Exemption Certificate", in substantially the same form as that
attached hereto and incorporated herein as Exhibit "D."
2.3. Artists' Expenses.
The Artist shall be responsible for the payments of all mailings or shipping charges,
including insurance, on submissions to the City and the costs of all travel by the Artist,
except as otherwise provided, and the labor costs for Artist's agents, subcontractors, and
employees and all other expenses necessary for the proper performance of the services
requued under this Agreement.
ARTICLE 3
TERM AND TERMINATION
3.1 Term.
This Agreement shall be in effect from the date stated in the first paragraph of this
Agreement, and, unless terminated earlier pursuant to such provisions in this Agreement,
shall extend until final payment to the Artist under Section 2.l .d.
3.2. 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
t�eatment with respect to the awarding, amending, or making of any determinations with
respect to this performance of this Agreement.
3.4. Termination for Cause.
Page 6 of 22
;
• � r, �iv � i. 1i 5'. � hi'✓
: j G.I ;'1 ����'!'t L u`Jcy f,l �J
� ?�' ., ����'� Il fL � �'�'�(' �
� ,.. I . . . . __�. .
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
tei�rninate. 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.
3.5. 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 fees
for work performed, in which event City shall have the right at its discretion to '
possession and transfer of title to the sketches, designs and models already
prepared and submitted or presented for submission to City by Artist under this
Agreement prior to the date of termination, provided that no i-ight to fabricate or
execute the Artwork 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
termmation.
3.6. Incapacitv 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
teiminate this Agreement on payment to Artist or Artist's successors for all work
Page 7 of 22
and services pei�foimed prior to death or incapacity. All finished and unfinished
drawings, sketches, photographs, models and work shall become property of City.
b. Should Artist's design have been approved or if Artist's work has progressed to
the point of fabrication of the Artwork, in the event of teimination under this
Section 3.6, City shall have the right to complete the Artwork. Due regard shall
be made for Artist's intended results and proper credit and acknowledgement
shall be given to Artist.
ARTICLE 4
REPRODUCTION RIGHTS
4.1. General.
a. Upon payment in full to Artist, Artist's Final Design and all other work products
under this Agreement shall become the property of the City, without restriction on
future use, if the City accepts the Final Design and the Artwork is built, except as
provided below. If the City does not accept the Final Design, or, after acceptance,
a commission contract is not entered into and fully performed, ownership of the
Final Design shall revert to the Artist. Except as provided below, Artist may
retain copyright and other intellectual property rights in and to the Final Design.
By execution of this Agreement, Artist grants to the City a peipetual, irrevocable
license to graphically depict or display the Final Design and Artwork for any non-
commercial purpose whatsoever; for puiposes of this limitation, any graphic
depiction or display of the Final Design or Artwork intended to promote or
benefit the City, its public services or its public purposes, regardless of whether or
not a fee is charged to the public, or whether revenue is otherwise received by the
City, shall be deemed a non-commercial puipose.
b. The City shall take title to all documents and/or drawings, which constitute or are
components of the Preliminary Proposal and the Final Design, upon final approval
Page 8 of 22
of the Final Design. These documents and/or drawings will be retained for
archival and exhibition purposes.
c. Artist reserves every right available under the Federal Copyright Act to control
the making and dissemination of copies or reproductions of this Preliminary
Proposal and Final Design, except as those rights are limited by this Agreement.
The City may make and disseminate photographs, drawings, and other two-
dimensional reproductions of the Preliminary Proposal Final Design and
accompanying materials for any municipal puipose. All reproductions by the City
shall contain a credit to the Artist and a copyi-ight notice, if copyright obtained,
substantially in the following form: "O date, Artist's name."
d. Nothing in this Agreement shall prevent the Artist from using images of the Final
Design or Artwork for marketing and promotional puiposes in connection with
the Artist's business, provided, however, that Artist shall make its best effort to
credit City for commissioning the Artwork whenever possible.
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.
4.2. Artist's Address.
The Artist shall notify the Cont�act Administrator of changes in Artist's address.
ARTICLE 5
WARRANTIES
5.1 Wai-�anties of Title.
The Artist represents and wai-�ants that:
(a) the Work shall be the original product of the Artist's sole creative efforts.
(b) the Work is and will be unique and original, and does not infringe upon any
copyright or the rights of any person;
(c) the Work (or duplicate thereof) has not been accepted for sale elsewhere; -
. l �� �� ; �' ��' �
: r'' � ; �' r� ,
,�V� J..•' �
Page 9 of 22 � ii � 5�,`,�j
, . . : .. :;
i
(d) the Artist has not sold, assigned, t��ansfei7ed, licensed, granted, encumbered or
utilized the Work or any element thereof or any copyright related thereto
which may affect or impau the rights granted pursuant to this Agreement;
(e) the Work is free and clear of any liens fi�om any source whatsoevei;
(fl the Artist has the full power to enter into and perform this Agreement and to
make the grant of rights contained in this Agreement;
(g) all services performed hereunder shall be performed in accordance with all
applicable laws, regulations, ordinances, etc., and with all necessary care, skill
and diligence;
(h) the Artist shall assume the defense of, and INDEMNIFY AND HOLD
HARMLESS, THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS,
AND CONTRACTORS FROM AND AGAINST ALL CLAIMS,
LOSSES, DAMAGES, ACTIONS OR EXPENSES OF EVERY TYPE
AND DESCRIPTION, INCLUDING ATTORNEY'S FEES, TO WHICH
THEY MAY BE SUBJECTED ARISING OUT OF THE CITY'S USE
OR POSSESSION OF THE WORK BY REASON OF AN ALLEGED
OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF
OWNERSHIP, AUTHORSHIP, OR ORIGINALITY.
ARTICLE 6
ARTIST AS INDEPENDENT CONTRACTOR
The Artist shall perform all work and services hereunder as an independent cont�actor,
and not as an officer, agent, servant or employee of the City. The Artist shall have
exclusive control of, and the exclusive right to control the details of the work perfoimed
hereunder, and all persons pei�forming same, and shall be solely responsible for the acts
and omissions of his/her officers, agents, employees and subcontractors. Nothing herein
shall be construed as creating a partnership or joint venture between the City and the
Artist, his/her officers, agents, employees and subcontractors, and doct�ine of respondeat
superior has no application as between the City and the Artist.
Page 10 of 22
ARTICLE 7
INDEMNIFICATION
(a) ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND ARTIST HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE
OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES DESCRIBED HEREIN. ARTIST LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY
FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION
OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL
ACTS OR OMISSIONS OF ARTIST, ITS OFFICERS, MEMBERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM
PARTICIPANTS.
(b) ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIASILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR
INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT.
(c) Artist shall requue all of its subcontractors to include in their subcontracts a
release and indemnity in favor of City in substantially the same form as above.
(d) All indemnification provisions of this Agreement shall suivive the termination or
expiration of this Agreement.
Page 11 of 22
ARTICLE 8
MISCELLANEOUS
8.1. Compliance.
The Artist shall comply with all Federal, state and local statutes, ordinances and
regulations applicable to the performance of the Artist's services under this Agreement.
8.2. Entire A -eement.
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.
8.3. Amendments.
No alteration, change, modification or amendment of the teims of this Agreement shall
be valid or effective unless made in writing and signed by both parties hereto and
approved by appropriate action of the City.
8.4. 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 pei�formance.
8.5. 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 constiued in accordance with the
laws of the State of Texas.
8.6. Successors and Assi�ns.
Page 12 of 22
Neither party hereto shall assign, sublet or t�ansfer its interest herein without prior written
consent of the other party, and any attempted assignment, sublease or t�ansfer of all or
any part hereof without such prior written consent shall be void. This Agreement shall be
binding upon and shall inure to the benefit of the City and the Artist and theu respective
successors and permitted assigns.
8.7. No Third-Partv Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of the City and
the Artist, and any lawful successor or assign, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
8.8 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.
8.9. Force Maieure.
It is expressly understood and agreed by the parties to this Agreement that if the
pei�formance of any obligations hereunder is delayed by reason of war; civil commotion;
acts of God; inclement weather; governmental rest�ictions, regulations, or interferences;
fires; st�•ikes; lockouts, national disasters; riots; material or labor rest�ictions;
t�ansportation problems; or any other circumstances which are reasonably beyond the
cont�ol of the party obligated or permitted under the terms of this Agreement to do or
perfoim 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 fi•om doing or
performing the same during such period of delay, so that the time period applicable to
such design or construction requuement shall be extended for a period of time equal to
the period such party was delayed.
8.10. Contract Const� uction.
� � � . ��'.:I ,�' ':i.h��" �
i,. _ . . �
,,r „ ,, �
Pa e13of22 lu � J�1 �J�I'�j1�;
g ��i ��i �u���j ��j�"i �
. e a . �.;''6: �. l� � S�1 v g
l�._,._..�._. _._._._,�.,,_y..��d
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 consh-uction 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.
8.11. Fiscal Fundin� Out.
If for any reason, at any time during any term of this Agreement, the City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the
City may terminate this Agreement to be effective on the later of (i) thirty (30) days
following delivery by the City to the Artist of written notice of the City's intention to
teiminate or (ii) the last date for which funding has been appropriated by the City Council
for the puiposes set forth in this Agreement.
8.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
8.13 Right to Audit.
Artist agrees that City will have the right to audit the financial and business records of
Artist that relate to the Artwork (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. Tluoughout the Term of this Agreement and for three (3) yeais
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 cont�ary herein, this Section
8.13 shall survive expiration or earlier tei-mination of this Agreement.
ARTICLE 9
EQUAL OPPORTUNITY
Page 14 of 22
, �:' ' i ;�� ':,:.��
. �
ii- ;�;'y;'�'��:�;`i;�;I;�,T
�:�:�ui,� �5t�.1�(;5',s!}•.�
';,, ; i;r. ��;5?7
, �, �:,. �i'���.!� ���,.o
a. Artist shall not discriminate against any employee or applicant for
employment because of age, disability, race, color, religion, sex, sexual orientation,
national origin, or familial status. Artist shall take affumative action to ensure that
employees are t�eated equally during employment, without regard to their race, color,
religion, sex, sexual orientation and national origin. Such action shall include but not be
limited to the following: Employment, upgrading, demotion, t�ansfer, recruitment or pay
or other forms of compensations, and selection for t�aining, including apprenticeship.
b. Artist shall state in all solicitation or advertisements for employment
placed by or on behalf of Artist that all qualified applicants shall receive consideration for
employment without regard to age, disability, race, color, religion, sex, sexual
orientation, national origin, or familial status. c. Artist shall furnish all
information and reports requested by City, and shall permit access to its books, records,
and accounts for puiposes of investigation to ascertain compliance with such iules and
regulations.
d. In the event of Artist's 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 fiuther agreeinents with City.
ARTICLE 10
NOTICES
All notices, requests, demands, and other communications which are requued 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. CTTY OF FORT WORTH: Libby Watson, Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street
Page 15 of 22
Fort Worth, TX 76102
Copies to: David Yett, City Attorney
Law Department
1000 Throckmorton St�eet
Fort Worth, TX 76102
Martha Peters, Public Art Director
Arts Council of Fort Worth & Tarrant County
1300 Gendy St�eet
Fort Worth, TX 76107
2. ARTIST Alice Bateman
3771 Cockrell Avenue
Fort Worth, TX. 76110
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
Page 16 of 22
IN WITNESS HEREOF, the parties hereto have executed this Agreement on this
day and year first written above.
��
CITY OF FORT WORTH �
��,� _---,
F
�
Libby Watson
ARTIST
Assistant City Manager
G z z �� �
Date
Alice Bateman
l � �1���,Q 7i Cc� �
Date
Assistant City Attorney
Date
ATTESTED BY:
�
� ���,�, ���,�� _
��,`' Marty Hendrix
City Secretary
�M _ I ,� �C �l_Jl� I
Date
��9 P�t�� �,�;��J��.��
t�.� _._ _��.-- - ,-- -
��' � � ' .
�f� �
r
,. �u ���.....,'�;..::.
Page 17 of 22 , � � � � �' � � �_ °`' �
. .. ., ,. 4t � ... '
Exhibit A: Site
Animal Care and Control Center: Site Plan
-- . �t
f =- , ..: " ,;, .; .,., ; � �
;v "` ",P +`a�'� � -a� 'Uw. '�^.X`' 'st �.,W�-'�'.
�..iT ti . i � i: ... ' - "� a
+R
� � �t ^,R � � ���L ��' i � `� � � � ,"�` <''r�- � `+
r"
���� : �+u��'�� �4�: r-� t �.' ; � t r.ia r.' __�'���,
��' Fl ,f � : � ;s �t ,;� °g.�..r .�, w!�-,. $�3
�� � .�ay' n.r i ., +� .. '�i' � �S 4, . nc ; � .� �' g
� �• t
��.=i�: .•_-a-.�5"�>.,�„�.. . .-_+iC': n ������"�:� .,i.'f��.:3:_:�. �i.Yis� ._..t �:. ."�i��r�'hr--� -_�.� _"`_�
Image of Site
Page 18 of 22
i� �., � ;, �, . ;
� `��1i�:;��i!� .,�l��J..��� f
; � . _ '.
. � tit'.i •t„��'''ai ��'' (�.;�i
':;� � � u �;' S�:: 't� i� �;- � 6! ,
' �:-� �-,•�r, •�7.f `7r�r,.
� f ��; �i������, ��i� SI �rl �� �,�' '�
y51�'ul? ..�L��a
_ _���_____v..�._.�
Exhibit B: Implementation Budget
FORT WORTH PUBLIC ART PROJECT BUDGET
Please complete this form and attach a signed receipt of estimate
complete with per unit costs (no lump sums) for all items designated with
an asterisk(').
TRAVEL (Non-local residents only)
Airfare
Car Rental
Per Diem Expenses at $_ per day
Mileage at $_ per mile
STUDIO OVERHEAD
Studio Rental, other expenses
Phone and fax charges
Supplies, detailed below
INSURANCE
Auto Liability
General Liability for Artist / Subcontractors
Worker's Comp. / Employer's Liability
Other, as applicable
FABRICATION COSTS
(Please attach a complete list of materials, cut-sheets and individual
estimates including per unit costs with this form)
Materials� (Total)
Labor' (Total)
TRANSPORTATION
SITE PREPARATION
Materials to Fabrication Site'
Finished Work to Installation Site*
Other*
Landscaping / Irrigation'
Removal`
Electrical Modifications"
Test Drilling*
Water Work / Mechanical Devices
Other*
ARCHITECTS, ENGINEERS
(If applicable, drawing must be signed and sealed by a professional
registered to practice in the State of Texas)
Architect*
Structural Engineer`
Electrical Engineer*
Other'
Page 19 of 22
LIGHTING
Designers�
Fi�ures"
Bulbs'
Site Preparation`
Installation'
INSTALLATION COSTS
(Costs must include allowance for after hours installation, if applicable.
Please attach a complete list of equipment and individual estimates with this
form)
L.abo r
OTHER COSTS RELATED TO YOUR PROJECT*
CONTINGENCY (5%)
ARTIST'S FEE (15%)
GRAND TOTAL
Please make any necessary notes here:
Prepared By:
Date:
Scaffolding*
Equipment`
Off-duty Police
Traffic Barriers'
Storage Facility Rerrtal*
City Permits
Display Devices
Fireproofing�
Other`
Photo / Video Documentation
Other
Page 20 of 22
Exhibit C: Artist's Preliminary Proposal
, � ' - ��f �- ...
� r i- i—r� r�TT__r� - .
Page 21 of 22
Exhibit D: Sales Tax Exemption
T�XAS CERTIFICATE OT�' E�A�T`ION
I claun an exemption from paymeut of sales and use talces for the purchase of tasable
items desctibed belo�v or on the attached arder or invoice.
]�esciiptiou of Items (oi au a[tached oider or invoice) To Be Putchased:
All Items
I claim this exemption for the following reason:
Name of exempt organization: Citv of Foit pToith
Tesas Sales and Use Tax Permit Nvmbei 1-75-6000528-6
Project for which matazials and supplies aze pucchased:
I understand that I will Ue liable for payment of sa]es tax, which may become due for
failuie to comply with the provisions of the state, ciry, and/or metzopolitan tcansit
authozity sales and use tax laws and compttoller xules iegazding exempt purchases.
T�iability foz tl�e tax will be detecmined by the ptice paid for ihe taxable items piuchased
or the fair maiket reufal value for the period of time used
I understand that it is a nusdemeauor to give au exemption cerrificate to the seller foz
taxable items wluch I know, at fhe time of the purchase, will be used in a mannet othei
than that expensed in this ceriificafe aud, upou convicrion, may be fined up to $500 per
ofFense
T� Exempt Status Due to Beiug a Goveiumeutal Entity
Putohaser: Citv of Foxt Worth
S{reet Addi�ss: 1000 Tluoclflnorton Street
City, State, Zip Code: Fort Woxth, Texas 76102
Si� Here: ) i/ � Date: 02/07/2007 Phone: �81'� 392-8325
n7 eGray-Rossi, stantFinance irectnr - �
Tlus certificate does not require a number to be valid. Sales and use tax "exemption
numbets" ar"tax exempY' numbers do not exist.
This cettificate should Ue fuxnished to the supplier. Ao not send the completed ceitificate
to the Comptroller of Public Accounts.
Page 22 of 22