HomeMy WebLinkAboutContract 35771 (2)CITY SECRETARI(
CONTRACT NO ,
AGREEMENT FOR FINAL DESIGN AND COMMISSION OF PUBLIC
ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND MONTAGE IMAGERS, INC.
;
This Agreement, entered into this day of , 2007,
by and between the CTTY OF FORT WORTH, a home iule municipal corporation of the
State of Texas (the "City"), acting by and through Libby Watson, its duly authorized
Assistant City Manager and Montage Imagers, Inc., a Texas coiporation (the "Artist").
The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT
COIJNTY, Inc.; (the "Contract Manager") to manage this AGREEMENT on its behalf.
The Cont�act Manager shall act tluough Anne Allen, its designated Public Art Project
Manager.
WHEREAS, funds for a public art project at Fire Station #41 located at 824 Blue
Mound Road West, 76052, Fort Worth, TX, 76085 more particularly described in Exhibit
"A" hereto (the "Site"), have been allocated fi•om the 2004 Capital Improvement Program
(CIP). On May 17, 2005, the City Council approved the Long-Ray�.ge Pacblic Art Platz for
t12e 2004 CIP, in which Fue Station #41 was identified as one of the projects to receive
(Proposition 4) 2004 CIP Public A�•t funds, for the design and placement of works of art
at, or in said Site; and,
WHEREAS, the Artist was selected by the City tlu•ough a selection process
conducted tlu•ough the Contract Manager and recommended by the Fort Worth Art
Commission to design a two-dimensional stone relief exhibiting figurative images of fire
fighters balanced high on their ladders (the "Work") to be incoiporated into the building
fa�ade at the Site; and,
WHEREAS, City and Artist wish to set out the tei�ns and conditions under which
said Work shall be designed in order 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:
' � � � � ; 't� A; r �' � � �1
; r�'J :.�lc,�'1 �:��U�r,o
1 �,tu�- .,rr,�� �i .
',� � � �sl:; ���' '
i'�� ?r''Jb`.i�'u�t�� ��i�. �
_ I
ARTICLE 1
SCOPE OF SERVICES
1.1. General.
a. The Ai•tist shall pei-fot•m all final design and fabrication
services (and/or select a qualified, experienced fabricator) and will furnish
all supplies, materials, and equipment as necessaiy for the t��ansportation
and installation of the Work at the Site, as set forth in Section 1.4.
Services shall be performed in a professional manner and in strict
compliance with all terms and conditions in this Agreement.
b. The Artist shall determine the artistic expression, scope,
design, color, size, material, and texture of the Work, subject to review
and acceptance by City as set forth in this Agreement. The location at the
Site in which the Work shall be installed has been mutually agreed upon
by the City and the Artist.
c. The Artist shall present final design to City officials, City's
Fire Department, community stakeholders and Fort Worth Art
Commission, as required.
d. The Artist shall participate in one public education event in
Fort Worth at a mutually agreed upon date and time.
e. The Artist shall install the Work on dates and at times
mutually agreed upon by the Artist and the City.
1.2. Proposal Selection.
City and Artist acknowledge that the Artist's conceptual design (the
"Proposal"), attached hereto as Exhibit "B," has been reviewed and
approved by the Fort Worth Art Commission as the basis for executing
this Agreement with the Artist.
1.3. Final Design Phase and Execution of the Work
a. Upon execution of this Agreement, Artist shall promptly
furnish to the City a schedule for the completion of the fabrication of the
Work, including a schedule for the submission of progress reports, and
engineered drawings if required. After written approval of the schedule by
2
the City, the Artist shall fabricate, t�ansport and install the Work in
accordance with such schedule. Schedule changes may be accomplished
by written agreement between the Artist and the City.
b. A�•tist shall provide comprehensive working drawings
detailing the means of installing the Work on the Site, together with such
other graphic material as may be requested by City in order to pet•mit City
to cai7y out st�-uctural design review. These drawings must have a State of
Texas-licensed Engineer's and/or Architect's seal as requu•ed by City.
City, the Site architect, engineer and/or project manager, upon request by
Artist, shall promptly furnish all information, materials, and assistance
required by the Artist in connection with said submission to the extent
such materials are available. City, upon request by Artist, shall also
provide coi7ect scaled drawings of the Site, if ava.ilable.
c. Artist shall consult with a qualified art conservator and
shall provide written maintenance recommendations for the Work fi•om
said conservator to the Contract Manager.
d. The City shall have the i�ight to review the 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 Work and the remainder of work to be
done to complete the Work.
e. The Artist shall complete the fabrication of the Work in
substantial conformity with the Proposal. However, Artist may present to
the Ciry, in writing for further review and approval, any significant
changes in the scope, design, color, size, material, or texture of the Work
not in substantial conformity with the Proposal. The Cont��act Manager
shall, in light of the Proposal, determine whether a significant change
requires City approval.
1.4. Deliverv and Installation.
a. The Artist shall notify the City, through its Contract
Manager, in writing when fabrication of the Work is completed and is
ready for its delivery and installation at the Site.
b. The Artist shall deliver and install the completed Work at
the Site in compliance with the schedule approved pursuant to Section
1.3.a; provided, however, that deliveiy and installation activities may not
3
commence until written permission is delivered to the Artist by the
Contract Manager.
c. City shall not be responsible for labor and equipment or
costs associated therewith to prepare the Site for the installation of the
Work.
d. The Artist, individually and tlu�ough its subcontractors,
including its fabricator, shall take all necessary precautions to protect and
preserve the integrity and finish of the Site while delivering and installing
the Work. The Artist shall repair any damage to the Site due to delivery
and installation of the Work and/or its negligence or the negligence of its
subcont� actors.
e. Prior to installation of the Work, Artist shall provide to
City written inst�uctions for appropriate maintenance and preservation of
the Work. The appropriate maintenance and preservation instructions
shall not be substantially different from the maintenance and preservation
anticipated and conveyed to City for the Work in the design phase for the
Work.
f. Artist shall provide protective cover for the Work, which
shall remain on the Work through the duration of const�-uction at the Site.
Artist shall provide instiuctions to the City's General Cont��actor for
removal of cover when construction is complete. �
1.5. Post-installation.
a. Within thirry (30) days after the installation of the Work,
Artist shall furnish City with an original set of high resolution digital files
and jpegs showing Work from at least 2 points of view, as selected by
Contract Manager, to document the project after the Work is installed.
b. The Artist shall be available at such time or times as may
be agreed between the City and the Artist to attend any inauguration or
presentation ceremonies relating to the transfer of the Work to the City.
The City shall use its best efforts to airange for publiciry for the completed
Work in such art publications and otherwise as may be determined
between the City and the Artist as soon as practicable following
installation.
1.6. Final Acceptance.
0
a. The Artist shall advise the City in writing when all seivices
requued have been completed in substantial conformity with the Proposal.
Included in such notice from the Artist shall be an affidavit certifying that
all bills relating to services or supplies used in the pei�formance of this
Agreement have been paid.
b. The City shall notify the Artist in writing of its final
acceptance of the Work ("Final Acceptance").
c. Final Acceptance shall be effective as of the earlier to occur
of (1) the date of the City's notification of Final Acceptance; or, (2) the
35th day after the Artist has sent the written notice to the City required
under Section 1.6.a unless the City, upon receipt of such notice and prior
to the expiration of the 35-day period, gives the Artist written notice
specifying and describing the services which have not been completed.
1.7. Risk of Loss
The risk of loss or damage to the Work shall be borne by the Artist prior to Final
Acceptance, and the Artist shall take such measures as aj-e necessary to protect the Work
from loss or damage until Final Acceptance, including but not limited to the purchase of
pi•operty loss insurance; except that the risk of loss or damage shall be boine by the Ciry
pi7or to Final Acceptance during such periods of time as the partially or wholly completed
Work is in the custody, control or supervision of the City or its agents for the puiposes of
moving, storing, or pei�forming any other ancillary services to the Work.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
2.1. Fee.
The City shall pay the Artist a fee not to exceed FORTY FOUR THOUSAND FIVE
HiTNDRED AND THIRTY SIX DOLLARS AND NO CENTS ($44,536.00)
(collectively, the "Fee"), which shall constitute full compensation for all services and
materials to be performed and furnished by the Artist under this Agreement, inclusive of
execution, fabrication, t�ansportation, installation, insurance, incidental costs, conceptual
design, final design, oveisight of fabrication and installation, and all travel expenses. The
Fee shall be paid as follows:
5
(a) Thirt�percent (30°Io) upon full execution of this Agreement.
(b) Twent. -f�e percent (25°Io) upon 50% completion of relief casting.
(c) Thirt�percent (30%) upon 100% completion of relief panels with
the relief panels ready to install.
(d) Fifteen-percent (15°Io) within thuty-five (35) days after Final
Acceptance and receipt by City of such documentation it may
requue concerning payment of services and supplied rendered to
the Artist [see Section 1.6 (a)].
2.2. Sales Taxes.
The City is a t�-exempt organization and no state or local sales taxes or federal excise
t�es shall be due upon the Project. The City shall supply the Artist with the "Texas
Sales Tax and Local Sales Tax Exemption Certificate," in substantially the same form as
that attached hereto and incorporated herein as Exhibit "C" for use by Artist in the
fulfillment of this Agreement.
2.3. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred du�ing the
performance of this Agreement, including but not limited to services, materials,
mailing/shipping charges and insurance on submissions to the Ciry, cost of all t�avel, and
costs for Artist's agents, consultants, and/or employees necessary for the proper
perfoi�rnance of the seivices required under this Agreement.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 Term.
This Agreement shall be in effect from the date stated in the first pa.ragraph of this
Agreement, and, unless terminated earlier pursuant to such provisions in this Agreement,
shall extend until final payment to Artist by City, whichever is later.
3.2. Duration.
0
The services to be required of the Artist set forth in Article 1 shall be completed in
accordance with the schedule for completion of the Work as proposed by the Artist and
approved by the City pursuant to Section 1.3.a.; provided, however, such time limits may
be extended or otherwise modified by written agreement between the Artist and the City.
3.3. Earlv Completion of Artist Services.
The Artist shall bear any transportation and storage charges incu�-ed from the completion
of the services prior to the time provided in the schedule for delivery.
3.4. Time Extensions; Force Majeure.
The City or the Artist, as appropi7ate, shall grant a reasonable extension of time to the
other party if conditions beyond the parties' control or Acts of God, flood, riot, civil
insuirection, labor st�ikes, 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 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.
The Artist represents and wai7ants 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 thereofl has not been accepted for sale elsewhere;
(d) the Artist has not sold, assigned, transferred, licensed, granted, encumbered or
utilized the Work or any element thereof or any copyright related thereto
which may affect or impair the i�ights granted pursuant to this Agreement;
(e) the Work is free and clear of any liens from any source whatsoever;
(� the Artist has the full power to enter into and perform this Agreement and to
make the grant of rights contained in this Agreement;
7
(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; and
(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, AUTHORSHIl', OR ORIGINALITY.
4.2 Wai�anties of Qualitv and Condition
(a) Artist represents and wat-�ants that all woi�k will be performed in accordance
with professional "workmanlike" standards and free from defective or inferior
(b)
(c)
materials and workmanship (including any defects consisting of "inherent
vice," or qualities that cause or accelerate deterioration of the Work) for one
year after the date of Final Acceptance.
Artist represents and wat�ants that the Work and the materials used are not
cui�:ently known to be harmful to public health and safety.
If within one year City observes any breach of wat7•anty described in this
Section 4.2 that is curable by the Artist, the Artist shall, at the request of the
City, cure the breach promptly, satisfactorily and consistent with professional
conservation standards, at no expense to City. City shall give notice to Artist
of such breach with reasonable promptness.
(d) If after one year City observes any breach of wai-ranty described in this Section
4.2 that is curable by the Artist, City shall contact the Artist to make or
supervise repairs or restorations at a reasonable fee during Artist's lifetime,
subject to Section 7.3 and to any necessary approvals by City's goveining
body. Artist shall have the right of fust refusal to make or supervise repairs or
restorations. Should Artist be unavailable or unwilling to accept reasonable
compensation under the industry standard, City may seek the seivices of a
qualified restorative conservator and maintenance expert.
(e) If within one year City observes any breach of wai�anty described in this
Section 4.2 that is not curable by the Artist, Artist is responsible for
:
reimbursing City for damages, expenses and loss incui7ed by City as a result
of the breach. However, if Artist disclosed the risk of this breach in the
Proposal and Ciry accepted that it may occur, it shall not be deemed a breach
for puiposes of this Section 4.2.
(f) Acceptable Standard of Display. Artist represents and waiY�ants that:
i. General routine cleaning and repair of the Work and any associated
working parts and/or equipment will maintain the Work within an
acceptable standaj-d of public display.
ii. Foreseeable exposure to the elements and general wear and tear will
cause the Work to experience only minor repauable damages and will
not cause the Work to fall below an acceptable standard of public
display.
iii. With general routine cleaning and repau, and within the context of
foreseeable exposure to the elements and general wear and tear, the
Work will not experience irreparable conditions that do not fall within
an acceptable standard of public display, including mold, rust,
fracturing, staining, chipping, tearing, abrading and peeling.
iv. Manufacturer's Wairanties. To the extent the Work incoiporates
products covered by a manufacturer's warranty, Artist shall provide
copies of such wairanties to City.
The foregoing wai7•anties a�•e conditional, and shall be voided by the failure of
City to maintain the Work in accordance with Artist's specifications and the
applicable conservation standards. If City fails to maintain the Work in good
condition, Artist, in addition to other rights or remedies the Artist may have in
equity or at law, shall have the right to disown the Work as the Artist's creation
and request that all credits be removed from the Work and reproductions thereof
until the Work's condition is satisfactorily repaired.
4.3 These representations and wat7anties shall survive the termination or other
extinction of this Agreement.
ARTICLE 5
INSURANCE AND INDEMNITY
5.1. General.
The Artist shall cai7y insurance as set out in Exhibit "D".
�
Except as provided in Section 1.7 hereof, the risk of damage to or loss of the Work shall,
during fabrication and installation but prior to Final Acceptance, shall be solely that of the
A�•tist. This risk shall t�ansfer to the City and shall no longer be the responsibility of the
Artist upon Final Acceptance. -
5.2. Pei�formance Bonds.
The Artist shall not be required by the City to post any performance bonds or similar
undei•takings, and any requuement of any other authority for pei•formance bonds shall be
the responsibility of the City.
5.3. Indemnitv.
(a) ARTIST COVENANTS AND AGREES TO INDEMN�'Y, 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, INVTTEES, LICENSEES, OR PROGRAM
PARTICIPANTS.
(b) ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABII,ITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR INCIDENTAL
TO PERFORMANCE UNDER THIS AGREEMENT.
L[I:
(c) Artist shall requue all of its subcont�actors to include in theu subconh�acts a
release and indemnity in favor of City in substantially the same form as above.
(d) This indemnification in Section 5.3 sha11 survive the termination or expuation
of this Agreement.
ARTICLE 6
OWNERSHIP AND 1NTELLECTUAL PROPERTY RIGHTS
6.1. Title.
Title to the Work, including all documents and/or drawings which constitute or are
components of the Preliminary Proposal and the Final Design, shall pass to City upon
Final Acceptance and payment for the Work. These documents and/or drawings will be
retained for archival and exhibition purposes. A��tist's Final Design and all other work
products under this Agreement shall become the property of City, without rest�iction on
future use, except as provided below.
6.2 Cop�ght Ownership.
Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as
the sole author of the Work for the duration of the copyright.
6.3 Reproduction Ri�.
(a) In view of the intention that the final Work be unique, Artist shall not make
any additional exact duplicate reproductions of the final Work, nor shall Artist
grant permission to others to do so except with the express written permission
of City. However, nothing herein shall prevent the Artist fi�om creating future
artworks in the Artist's manner and sryle of artistic expression.
(b) By execution of this Agreement, Artist grants to City a peipetual, vrevocable
license to graphically depict or display the Work for any non-commercial
puipose whatsoever; for puiposes of this limitation, any graphic depiction or
display of the Work intended to promote or benefit City, its public services or
its public puiposes, 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 puipose. Notwithstanding the above limitation, Artist agrees and
understands that nothing in this paragraph shall affect or limit City's absolute,
um�estricted rights incidental to City's full ownership of the Work to alter,
change, modify, destroy, remove, move, replace, operate, maintain, transport,
11
sell or transfer, in whole or in part, the Work when City deems it necessary
within its discretion, in order to otherwise exercise City's powers and
responsibility in regard to public works and improvements, in furtherance of
City's operations or for any other reason.
(c) All reproductions by City shall contain a credit to Artist and a copyright notice
substantially in the following foim: "O date, Artist's name."
(d) Artist shall use Artist's best efforts in any public showing or resume use of
reproductions to give acknowledgment to City in substantially the following
form: "an original artwork commissioned by and in the public art collection
of the City of Fort Worth, Texas."
(e) Artist shall, at Artist's expense, cause to be registered with the United States
Registei• of Copyi7ghts, a copyright in the Work in the Artist's name.
(� City is not responsible for any third party infringement of Artist's copyright
and not responsible for protecting the intellectual property rights of Artist.
ARTICLE 7
ARTIST'S RIGHTS
7.1. Identification.
The Cont�act Manager shall include credit to the Artist on the Fort Worth Public Art
website (www.fwpublicai•t.or�) and a permanent plaque at the site.
7.2. Maintenance.
The City recognizes that maintenance of the Work on a regulax basis is essential to the
integrity of the Work. The City shall reasonably assure that the Work is properly
maintained and protected, taking into account the maintenance inst�uctions provided by
Artist in accordance with Section 1.4 and Exhibit "E", Technical and Maintenance
Record.
7.3. Repaus and Restoration.
a. The City shall have the right to determine when and if
repaus and restorations to the Work will be made. During the Artist's
lifetime and to the extent practicable, the City shall give the Artist the right
to approve all major repairs and restorations; provided, however, the Artist
shall not urueasonably withhold approval for any repau or restoration of
the Work. Should Artist uru•easonably withhold approval of any intended
12
major repair or restoration, the City shall have the right to make such
repair or restoration. To the extent practicable, the Artist, during the
Artist's lifetime, shall be given the opportunity to make or personally
supervise major repairs and restorations and shall be paid a reasonable fee
for any such services, provided that the City and the Artist shall agree in
writing, prior to commencement of any significant repairs and restorations,
upon the Artist's fee for such services. Should the Artist fail to agree to
make or supervise the repairs and restorations, the City shall have the right
to choose another entity or person to assist with the restoration and/or
repau•s or make said repairs by the City.
b. All repaus and restorations shall be made in accordance
with recognized principles of conservation.
c. When emergency repaus are necessaiy in order to prevent
the loss of or further damage to the Work, such repaus shall be undertaken
or ananged by City without advance notice to Artist, and such repairs shall
not be deemed to constitute artistic alteration.
7.4. Alteration of the Work or of the Site.
a. In the event that the Work is incoiporated into a building,
sriucture or realty, the installation of the Work may subject it to
destruction, distortion, mutilation or other modification by reason of its
removal. If removal of the Work would damage either the Work or the
Site, the City shall have the right to remove the Work by any means,
including destiuction, in performing maintenance, repau, renovation, or
reconst�uction of the building, structure or m devoting realty to a new use.
b. In the event that the Work is freestanding, or incoiporated
into a building, structure or realty such that it may be removed without
damaging or destroying the Work or the building or structure, the Artist
may be given wi7tten notice and 90 days to remove the Work at his or her
sole expense. Upon Artist's failure to remove the Work, the City shall
have the t-ight to remove and dispose of the Work by any means, including
its dest�uction.
c. The City agrees that it will not willfully dest�oy, damage, or
modify the Work, except as provided in paragraphs a. and b. above.
d. In the event the Work is substantially damaged or altered,
the City shall no longer represent the Work as that of the Artist if the
13
Artist gives written notice to the City that it is the position of the Artist to
deny authorship on the grounds stated in this paragraph.
e. The City shall at all times have the right to move the Work,
or remove it from public display. The City shall also have the right to sell
or t�ade the Work.
7.5. Permanent Record.
The Ciry shall maintain on permanent file a record of this Agreement and of the location
and disposition of the Work.
7.6. Artist's Address.
The Artist shall notify the City of changes in the address set forth in Article 13. The
failure to do so, if such failure prevents the City fi�om locating the Artist, shall be deemed
a waiver by the Artist of the right subsequently to enforce these provisions of Article 7
that requue the express approval of the Artist. Notwithstanding this provision, the City
shall make every reasonable effort to locate the Artist when matters ai7se relating to the
Artist's rights.
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 Artist under the law, which may now or in the future be
applicable.
ARTICLE 8
ARTIST AS AN INDEPENDENT CONTRACTOR
14
Artist shall pei�form all work and services hereunder as an independent contractor, and not
as an officer, agent, servant oi• employee of City. Artist shall have exclusive control of,
and the exclusive right to cont�ol 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 doct�-ine of respondeat superior has no application as
between City and Artist.
ARTICLE 9
SUBCONTRACTIlVG
'The Artist may subcontract portions of the services to be provided hereunder at the
Artist's expense, provided that said subcontracting shall not adversely affect the design,
appea.rance or visual quality of the Work and shall be cat77ed out under the peisonal
supervision of the Artist. Any subcontract entered into under this Agreement shall be
expressly subject to the terms of this Agreement. Artist shall provide information
regarding all subcontractors, including its fabi7cator, along with a copy of the subcontract
between Artist and each subcont�actor.
ARTICLE 10
TERMINATION
10.1. Gratuities.
The City may cancel this Agreement if it is found that gratuities in the form of
entertainment, gifts or otherwise were offered or given by the Artist or any agent or
representative to any City official or employee with a view toward securing favorable
t�eatment with respect to the awarding, amending, or making of any determinations with
respect to this performance of this Agreement. In the event this Agreement is canceled by
the City, pursuant to this Section 10.1, the City shall be entitled, in addition to any other
rights and remedies, to recover from the Artist a sum equal in amount to the cost incutred
by the Artist in providing such gratuities.
10.2. Termination for Cause.
15
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 parry shall have thu�ry (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.
10.3. Termination for Convenience.
a. The services to be perfoimed under this Agreement may be
teiminated 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 teimination is for the convenience of the City, the
Artist shall have the right to an equitable adjustment in the fee (without
allowance for anticipated profit on unperfoimed services), in which event
the City shall have the right at its discretion to possession and t�ansfer of
title to the sketches, designs and models al�eady prepared and submitted or
presented for submission to the City by the Artist under this Agreement
prior to the date of termination, provided that no right to fabricate or
execute the Work shall pass to the City.
c. If teimination is for the convenience of the Artist, the Artist
shall remit to the City a sum equal to all payments (if any) made to the
Artist pursuant to this Agreement prior to termination.
10.4. Incapacitv of Artist.
a. In the event of Artist's death or Artist becoming physically
or legally incapacitated during the term of this Agreement, the City shall
have the right to terminate this Agreement on payment to Artist or Artist's
successors for all work and services pei�formed prior to death or incapacity.
All finished and unfinished drawings, sketches, photographs, models and
work shall become property of the City.
b. Should Artist's design have been approved or if the Artist's
work has progressed to the point of fabrication of the Work, in the event of
16
termination under this Section 10.4, the City shall have the right to
complete the Work. Due regard shall be made for Artist's intended results
and proper credit and acknowledgement shall be given to Artist.
ARTICLE 11
EQUAL OPPORTUNITY
a. The Artist shall not discriminate against any employee or
applicant for employment because of disability, familial status, race, color,
religion, sex, sexual oi-ientation, or national origin. The Artist shall take
affirmative action to ensure that employees a�•e t�eated equally during
employment, without regard to their disability, familial status, race, color,
religion, sex, sexual orientation and national oi7gin. Such action shall
include but not be limited to the following: Employment, upgrading,
demotion, transfer, recruitment or pay or other forms of compensations,
and selection for t�aining, including apprenticeship.
b. The Artist shall state in all solicitation or advertisements
for employment placed by or on behalf of the Artist that all qualified
applicants shall receive consideration for employment without regard to
disability, familial status, race, color, religion, sex, sexual orientation, or
national origin.
c. The Artist shall furnish all information and reports
requested by the 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 the Artist's noncompliance with the
nondiscrimination clauses of this Agreement, this Agreement may be
canceled, terminated, or suspended in whole or in part, and the Artist may
be deba�7�ed fi•om further agreements with the City.
12.1. Compliance.
ARTICLE 12
MISCELLANEOUS
17
The Artist shall be requued to comply with Federal, State and City statutes, ordinances
and regulations application to the performance of the Artist services under this
Agreement.
12.2 Entue Agreement.
This writing embodies the ent'v-e 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.
12.3. 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 the City.
12.4. Waiver.
No waiver of performance by either party shall be consh-ued 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 i7ght or acceptance of defective pei-formance.
12.5. Governing Law and Venue.
This Agreement, regardless of where executed or performed, shall be goveined by and
const�-ued in accordance with the laws of the State of Texas, Venue for any litigation
arising from this Agreement shall be in Tarrant County, Texas.
12.6. Successors and Assi�
This Agreement shall be binding upon and shall inure to the benefit of the City and the
Artist and their respective successors and assigns.
12.7. No Third-Paxty Beneficia.ries.
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 i•ights,
cont�actual or otherwise, to any other person or entity.
12.8. Severabilitv.
:
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.
12.9. Contract Const�-uction.
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 conshuction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
inteipretation of this Agreement or any amendments or exhibits hereto.
12.10. Fiscal Funding Out
If for any reason at any time during any term of this Agreement the City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the
City may terminate this Agreement to be effective on the later of (i) thuty (30) days
following delivery by the City to the Artist of wi7tten notice of the City's intention to
terminate or (ii) the last date for which funding has been appropriated by the City Council
for the puiposes set forth in this Agreement.
12.11. Captions.
Captions and headings used in this Agreement a.re for reference purposes only and shall
not be deemed a part of this Agreement.
12.12. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or
legal incapacity of the Artist.
12.13. Right to Audit.
The Artist agrees that the Ciry 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 tlu�ee (3) years thereafter in order to determine
compliance with this Agreement. Tluoughout the Term of this Agreement and for tluee
(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 t•easonable advance written notice (at least 72 hours) by the City
and shall otherwise cooperate fully with the City during any audit. Notwithstanding
19
anything to the contr•ary het•ein, this Section 8.16 shall survive expiration or earlier
termination of this Agreement.
12.14. Certified MWBE.
If applicable, Artist shall make its best effort to become a certified Minoriry/Women
Business Enterprise (M/WBE) firm with a certifying agency whose certification is
accepted by the City under the City's M/WBE ordinance.
ARTICL� 13
NOTICES
All notices, requests, demands, and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be deemed to
have been duly given upon the delivery or receipt thereof, as the case may be, if delivered
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, as follows:
1. CITY OF FORT WORTH: Libby Watson, Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Tlv�ockmorton St�eet
Fort Worth, TX 76102
Copies to: David Yett, City Attoiney
Law Department
1000 Throckmorton St�eet
Fort Worth, TX 76102
Martha Peters, Public Art Duector
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, TX 76107
ARTIST Montage Imagers, Inc.
3221 Lawnwood Street
Fort Worth, TX 76111
20
[SIGNATURES APPEAR ON FOLLOWING PAGE.]
21
IN WITNESS HEREOF, the parties hereto have executed this
Agreement as of the latest date below.
APPROVED AS TO FORM:
=� ,
; I �'
Assistant City Attorney
Date: � . ; "
Contract Authorization:
M&C # C-22306
Dated: August 14, 2007
and M&C # C-21947
Dated: January 30, 2007
CITY OF FORT WORTH
,��'
� � �.�
�
L by Watso`
Assistant City Manager
Date: �i, � C �,
ARTIST
Montage Imagers, Inc.,
Jani�� Hart Melito,
Dir,��ctor of Art Ser
ATTESTED BY:
Marty Hendrix
City Secretary
Date: `1`� �-��
, - rI I „ � N� �,-,,,' �.`,�i �
. =� r�� J��i' 1L�� �. 1� iS ���.�� �, l
�;; j �!li '� i �' �� �s `� '
22 � ������:
�� � ,
1 �: ����,�� �:�Gi �1�1�
'�.u�lD �� �
_�_ �
Exhibit A: Site
,� ��.a.�� - -- --
; � � ! ( , i ,�:�,�, I ; �
' � � �� �,�-� __1 � .�- -_, I. I --L -��---=
- � �
._ ; _ y
�, �
.� ,
�::L�' _ -- ,--_
;;`;
-��, r - ' �� �
,� l =, -. � . , � f � i , . �'� . i; �
__ '�'T I9 �� . �ili C.� . .. �. .
. I l-ts 1 - '� t'y'__ L__� -'
6. - ---`— ��� - •�-= � � ,., -
, '�' � � ' -
�'- • - � , _ - -
j I __ �
:r"H �� �
6�_. � 1 � � � ' �
�I� '� ` '��� - _-__
I '>�-� � � ti 3�-- -4•
I� I ' � L �,� �.�_: .��
+ I
EITc �LSW � � �
23
Exhibit B: Proposal
� - � __--�-. - - - _ _ }
� ` , # � � I '
� i, , . E �'��.�
' � �..
_ - _- - - �� _ -. � -�
-�-- -S�T _ , ' �� i �---.`'�
.
, �
�
-- - , - - � _ _
, � .
�----- — ..,�.....___ i= __ ,,____-__�_� _ � _ `� -- - �f +
I�---�- - ,
� �:. - � �� ; � - �__
j . t �
� - - 1 . . , , � _
� _f
. t ..L""`�.,- 1�;-_- . '1 �
� -� �
. . � j� Y�t-�� j f _ _ '_—'_ _ _ � �. / �q, f� , �. 7
����., ` � i � . '�` '�S 1
,� _� � _,� h� ±
rt . �- i
� _, - -�_ �� �
�
� � ;- -, �
, �' � � : � _- �; ,;� -- --
`' ' � ' �I! r i �� '` -
t. � ; �� ;
�. ,, ,r ; �
_ j't+' r .> ,,:, _ � tI � ,,, , I; l
�. ��: , _ 4� � - - _ -- -.: -9, ' -� � - _ . _r � �---�,`' ! � t
,:. _ �. - . . �,
. _' '_._ __' . . .�..:i_ .. . ._ _ -.___'�.__..��s...._.---�., - -r - �
' .
. _ . _. __ _ .. _ . ._-_ _ ._-__ . _ "� . . . _' _. , i -
� r - I'
� _ . . � _ Ij �_.
. , � ' .. 1 � � � . � . _.. �.1. � � .
. ' , i -�.- : . . r,
._.... - -:......-. ..._ .-. ...� '_.__""_'...:_..�.-�..�..�.�
�,,r� �r �
��
24
. �_ _ — -- -- - ,
_ _�.��� � �
� ��. ;i
�. �._ �,,� ;
- _ � T��` � '
_ - ���7 I
k_. .. . . . .. b� I
C{Jt1 �.�.U�
Fire Station #41
Conceptual Proposal Na�7•ative
VIC`TIL�.-�'VC'E
CONCEPTUAL DESCRIPTION:
I propose a pair of sculptural reliefs entitled "Our Heroes" to appoint the main
facade of the structure. These images of fire fighters balancing high on theu ladders,
engaged in doing their job symbolize the qualities of Vigilance, Courage and Heroism
ever present in the men and women serving as our fuefighters. I hope the piece will
express our thanks and the high regard that we, the public, have for the fuefighters who
put their lives on the line for our safety. This sculpture (depicted in my conceptual
rendering) will be sculpted realistically to embody the great strength and humanity of our
fire fighting heroes.
PHYSICAL DESCRIPTION:
These reliefs will be approximately 7' tall, 4' wide, and 5" in depth with an
architectural frame as part of the piece with text "Courage & Vigilance". The sculptures
adorn the main elevation and flank the Station Number Wall. They are to be cast in fiber-
reinforced stone. The pieces are to be incoiporated into the architecture of the building as
architectural elements or detailing as shown in the elevation provided.
25
Exhibit C: Sales Tax Exemption
' a'�ic t r►vrc i n
� TEXA<; CER ['�KICA'I7� UI� �I�I''�'IQN
. I cluicn nn �xrmptiun fmrn paymcnt of .ri�les and usi, ta�es fae tL6 pur�hasr- of luxablc
--- items �iere-rih«i Getow rir on tl�� nttnc}�e�i c�rxler or invoice,
Ucscription of Itcros (or ar� :�tlaclicd order or inv�icc) '1"o Bc F'�c,r_hnsed:
All Items
I elaifn thi.v r..xc�n�tion for d�e follawing r�ason:
Nnme aFcxrmpt ur�9nization: Citv ofi�ort Warih
'iiea�s Sales and YJsc Tar permit Numbor 1-'75-6DOOSZ8-d
1'rojcrt fc�r u�fiuch mntcrials cued supplies erc purc-hescd;
�
I utederststc�l rhnt [ wi11 EY 1lnbjt fur Payrtic�st uf v�lr,s tnx, �,rhirh may bec,�me du� for
fa;l«re. tu cnmply witt� �h� provisions of t1�r state, cih�, �nrfJqr m�trops,lif.nn transit
:�e,�hority :aies :u�ci usc �,x laws �r�d c�ie�i�trnller rulEs ref;nrding axempt puech�ses.
l.isbi[it,y' f'�,r thc Iax wri�l bc detcnnine� Uy tfi� �arj� paj� Fi�r ihe 4tucaL�lc ifcmS ptm.tisscc!
, ur 1hc fuir mnrko[ rentel valur_. {ar t}ic pPriad of iirm_r. t��c.d.
' I utiJcrstec�d that it is :� n3i:demesa,ur tn givc �� �xemgtio�i cectifcnte W il�c s•_Iir.r fnr
�yha� itcros .vhicl, [�:r.ow, ol t17c lime: of tlit Purcfinsc, wil! hr i�sed in a�ncnnnr.r n�lier
ttian Ihat cxPr.nscc� en this certificate ,nd, upc;n c<mvirtio�i, inuy be $ttrtl u� tn .�.5[tQ pep
Uffcnse.
�
r
Tr�x t:xemp� 5tatus t]�ie lo Heing a t3nvsmmcnrnk l;ntit,y
Pnech:�ser: C`ity of Fart Worth ' .�
Slrect Address: 100() Throcb�n�,rton Streer.� —
['ity, Statr., Zip C':.tdC: T'nrt V4'orth, TcXs.S 76102 — -
tii�*n Hcr�� ,�.,,� �7y_ Dx�e- �� 3 �'�ione: �817�KJ1-l�517
l tf It. Krk��Fin.nr. - —'
"Ihis crrtiFic:i�r docs rrot r�yuerc � numher [0 6e valid_ S:�lr.$ ��d u� 1:,x "cxamption
numhrrs" ur "Iax cxempt" numbms �lo not cxist.
TtEes crrtificate shuuld be fumi.titied tc� Iha su�splier. C7o iro[ sertd thc cu�n�,leted ceriificxitc
tu �hr C�mnlmller cif'PuLlic AcsQ���,
�.J
Exhibit D: Insurance
PUBLIC ARTS PROJECT
INSURANCE REQUIREMENTS
1. Commercial General Liability (CGL)
$1,000,000 Each occui�ence
$2,000,000 Aggregate limit
Coverage shall include but not be limited to the following: premises operations,
independent cont�actors, productslcompleted operations, personal injury, and contractual
liability. Insurance sha11 be provided on an occurrence basis, be as comprehensive as the
current Insurance Services Office (ISO) policy.
2. Automobile Liability
$1,000,000 Each accident
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occui7ence
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non-owned.
3. For Artists/Cont�•actors who have employees: Workers' Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occui7ence
$100,000 Disease - per each employee
$500,000 Bodily Injury/Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of
$100,000 each accident/occunence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
27
GENERAL POLICY REQUIREMENTS
• The City of Fort Worth, its Officers, Employees and Volunteers shall be named as
an Additional Insured. Exception: the additional insured requuement does not apply to
Workers' Compensation policies
• Forty-five (45) days notice of cancellation or non-renewal.
Example: "This insurance shall not be canceled, limited in scope or coverage, cancelled
or non-renewed, until after forty-five (45) days prior written notice has been given to the
City of Fort Worth."
• Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth.
• The insurers for all policies must be licensed/approved to do business in the State
of Texas. Except for workers' compensation, all insurers must have a minimum rating of
A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent
financial st�ength and solvency to the satisfaction of Risk Management. If the rating is
below that requued, wi7tten approval of Risk Management is required.
• If insurance policies are not written for specified coverage limits, an Umbrella or
Excess Liability insurance for any differences is required. Excess Liability shall follow
form of the primary coverage.
• Unless otherwise stated, all required insurance shall be written on the "occurrence
basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be
coincident with or prior to the date of the cont�actual agreement and the certificate of
insurance shall state that the coverage is claims-made and the retroactive date. The
insurance coverage shall be maintained for the duration of the cont�actual agreement and
for five (5) years following completion of the service provided under the contractual
agreement or for the wai�ranty period, whichever is longer. An annual certificate of
insurance submitted to the City shall evidence such insurance coverage.
• The deductible or self-insured retention (SIR) affecting required insurance
coverage shall be acceptable to and approved in writing by the Risk Manager of the City
of Fort Worth in regards to asset value and stockholders' equity. In lieu of t�aditional
insurance, alternative coverage maintained tlu•ough insurance pools or risk retention
groups must also approved by the City's Risk Manager.
• The City, at its sole discretion, reserves the right to review the insurance
requirements and to make reasonable adjustments to insurance coverages and their limits
when deemed necessaty and prudent by the City based upon changes in statutory law,
court decision or the claims history of the industry as well as of the cont�acting party to
the City of Fort Worth. The City shall be requued to provide ninety days notice of any
such change.
:
• The City shall be entitled, upon request and without expense, to receive copies of
policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modifications of particula�• policy terms, conditions, limitations, or exclusions
except where policy provisions are established by law or regulations binding upon either
of pa.rty or the underwriter on any such policies.
29
Exhibit E: Technical and Maintenance Record
ARTIST INFORMATION SHEET
LOCATION:
ARTIST:
ADDRESS:
CITY:
PHONE:
CELL:
GALLERY/REPRESENTATIVE:
TTI`LE OF WORK:
STATE: ZIP:
FAX:
EMAIL:
DESCRIPTION OF ARTWORK (attach if necessary):
MEDNM OR MATERIAL (list specific product information if relevant):
EDITION INFORMATION:
DATE AND PLACE EXECUTED:
INSTALLATION DATE:
LOCATION OF ARTWORK AT STTE (attach architectural plans if available):
COLLABORATING ARTIST:
FABRICATOR (if other than artist):
30
ARTIST:
TITLE:
FABRICATOR ADDRESS:
LOCATION AND DESCRIPTION OF SIGNATURE MARKS (or copyright):
DIMENSIONS (in inches):
Artwork (without frame, mat, or pedestal): Height Width
Frame: Height Width Depth Aprox. Wt.
SPECIAL METHODS / MATERIALS UTILIZED IN EXECUTION OF ARTWORK:
A. MATERIAL (type, brand name, manufacturer):
B. FRAMING MATERIALS AND / OR CONSTRUCTION METHOD:
C. MATERIAL THICKNESS (gauge): _
D. WELDING OR JOINTIlVG METHOD:
E. WELDING ROD ALLOY OR JOINT MATERIAL:
F. CASTING ALLOY, WAX BODY, GLASS OR FIBER TYPE
G. MATERIAL FINISH (paint color and type, glaze, sanding grit, patina, fixative
coatings, etc.)
H. FOUNDATION/INSTALLATION METHOD (bolt/pin size, adhesive)
ARTIST:
31
TTTLE:
L YEARLY MAINTENANCE AND CARE OF ARTWORK:
ROUTINE MAINTENANCE:
K. INTENTION RELATING TO ARTWORK OVER TIME (patina, etc. To what
sui-face should the work be cleaned?):
L. PLACEMENT OF ARTWORK (cautions regarding sunlight, heat, etc.):
M. CONSERVATION CONSULTANT:
ADDRES S :
PHONE:
32
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/14/2007
DATE: Tuesday, August 14, 2007
LOG NAME: 0341ARTKRESCIND REFERENCE NO.: **C-22306
SUBJECT:
Authorization to Amend the Artwork Commission Contract for Public Art / Design Enhancements for
Fire Station No. 41 with Janice Hart Melito, Approved by M&C C-21947, to Amend the Artist's Name
to Montage Imagers, Inc.
RECOMMENDATION:
It is recommended that the City Council authorize an amendment to the Artwork Commission Contract for
Public Art / Design Enhancements for Fire Station No. 41 with Janice Hart Melito, granted by M&C C-21947
(approved by the City Council on January 30, 2007) to change the Artist's name to Montage Imagers, Inc.
DISCUSSION:
On January 30, 2007, the City Council approved M&C C-21947, which authorized execution of an Artwork
Commission Contract with artist Janice Hart Melito, an individual, for final design, fabrication, delivery,
installation, artist fee and associated costs for a public art project at the new Fire Station No. 41. However,
for liability reasons, the artist is requesting that the contract under her name be amended to change the
party's name to Montage Imagers, Inc. Janice Hart Melito is Vice President of Montage Imagers, Inc., and
regularly conducts her art business as Montage Imagers, Inc.
The amended Artwork Commission Contract would enable Montage Imagers, Inc., to finalize design, based
upon Janice Hart Melito's proposal, and proceed with fabrication, delivery and installation of an untitled
stone relief installation exhibiting fire fighters, to be incorporated into the fa�ade of the new Fire Station No.
41, which is being constructed at the intersection of Willow Springs Road and West Bonds Ranch. The
proposed figurative images of fire fighters balanced high on their ladders pays tribute to the fire fighting
profession.
BACKGROUND:
The 2004 Bond Program provided funds for the design and construction of Fire Station No. 41. On May 17,
2005, the City Council approved the Long-Range Public Art Plan for the 2004 CIP, in which Fire Station #41
was identified as one of the projects to receive 2004 Bond Program Public Art funds .
In Fall of 2006, the Arts Council of Fort Worth & Tarrant County, Inc., as manager of the Fort Worth Public
Art Program on behalf of the City of Fort Worth, issued a Request for Proposals (RFP) to local artists for
Fire Station No. 41, which were received on November 3, 2006. On November 6, 2006, the Artist
Selection Panel reviewed seven proposals, and then recommended Janice Hart Melito's proposal. The
Artist Selection Panel consisted of:
Selection Panel �Voting):
- Council Member Carter Burdette, Council District 7
- Linda Guy, Professor at TCU and Local Artist
- Javier Lucio, Project Consultant, RPG Design Group Inc.
- Rinda Medary, Community Representative
- Diann Stadler Community Representative
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 9/11/2007
Page 2 of 2
- Mark Thistlethwaite, Chair, Fort Worth Art Commission
- Tony Wright, Chief Preparator, The Modern Art Museum
Advisors (Non-Votinq):
- Nancy Richardson, Architect, Transportation & Public Works Department, City of Fort Worth
- Captain Derrick Thomas, Fort Worth Fire Department
On November 13, 2006, the Fort Worth Art Commission approved the Artist Selection Panel's
recommendation of Janice Hart Melito for the public art portion of the Fire Station No. 41 project.
M/WBE - The City's overall M/WBE goal for the Fort Worth Public Art program is 25 percent of total capital
project dollars expended on public art annually.
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Fire Improvements Fund.
TO Fund/AccountlCenters
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
C235 531200 037980017833 $7,032.00
C235 541200 037980017880 $39,848.00
Libby Watson (6183)
Karen Montgomery (6222)
Bridgette Garrett (8518)
Sandy Oliver (7371)
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 9/11/2007
City of Fori Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/30/2007
DATE: Tuesday, January 30, 2007
LOG NAME: 03ARTFS#41
Page 1 of 2
REFERENCE NO.: **C-21947
SUBJECT:
Authorization to Enter into an Artwork Commission Contract with Janice Hart Melito for Public
Art/Design Enhancements for Fire Station No. 41
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an Artwork Commission
Contract with Janice Hart Melito, in an amount not to exceed $46,880, for final design, fabrication, delivery,
installation, artist fee and associated costs of her proposed, untitled stone relief installation exhibiting fire
fighters, to be incorporated into the fa�ade of the building at the new Fire Station No. 41.
DISCUSSION:
The proposed Artwork Commission Contract will enable Janice Hart Melito to finalize design, based upon
her proposal, and proceed with fabrication, delivery and installation of an untitled stone relief installation
exhibiting fire fighters, to be incorporated into the fa�ade of the new Fire Station No. 41, which is being
constructed at the intersection of Wllow Springs Road and West Bonds Ranch. These figurative images of
fire fighters balanced high on their ladders pays tribute to the fire fighting profession.
BACKGROUND:
The 2004 Bond Program provided funds for the design and construction of Fire Station No. 41. On May 17,
2005, the City Council approved the Long-Range Public Art Plan for the 2004 Bond Program, in which Fire
Station No. 41 was identified as one of the projects to receive 2004 Bond Program Public Art funds.
The Arts Council of Fort Worth & Tarrant County, Inc., as manager of the Fort Worth Public Art Program on
behalf of the City of Fort Worth, issued a Request for Proposals (RFP) to local artists for Fire Station No.
41, which were received on November 3, 2006. On November 6, 2006, the Artist Selection Panel reviewed
seven proposals, and then recommended Janice Hart Melito's proposal. The Artist Selection Panel
consisted of:
Selection Panel (Voting):
- Council Member Carter Burdette, Council District 7
- Linda Guy, Professor at TCU and Local Artist
- Javier Lucio, Project Consultant, RPG Design Group, Inc.
- Rinda Medary, Community Representative
- Diann Stadler Community Representative
- Mark Thistlethwaite, Chair, Fort Worth Art Commission
- Tony Wright, Chief Preparator, The Modern Art Museum
Advisors (Non-Voting�:
- Nancy Richardson, Architect, Transportation & Public Works Department, City of Fort Worth
- Captain Derrick Thomas, Fort Worth Fire Department
On November 13, 2006, the Fort Worth Art Commission approved the Artist Selection Panel's
http://www.cfwnet. org/council�acket/Reports/mc�rint.asp 9/11 /2007
Page 2 of 2
recommendation to engage Janice Hart Melito in an Artwork Commission Contract for the public art portion
of the Fire Station #41 project.
M/WBE - The City's overall M/WBE goal for the Fort Worth Public Art program is 25 percent of total capital
project dollars expended on public art annually.
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Fire Improvements Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
C235 541200 037980017880 $39,848.00
C235 531200 037980017833 $7,032.00
Libby Watson (6183)
Karen Montgomery (6222)
Bridgette Garrett (8518)
Sandy Oliver (7371)
http://www.cfwnet.org/council�acket/Reports/mc�rint. asp 9/11 /2007