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HomeMy WebLinkAboutContract 36529 (3)AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF FORT WORTH AND JOHN R. DENNIS, SCULPTOR CONSERVATOR THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (y"), acting by and through Libby Watson, its duly authorized Assistant City Manager, and JOHN R. DENNIS, an individual ("Conservator"). The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, INC, (the "Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through Jennifer Conn, its designated Public Art Collection Manager ("Manager"). WHEREAS, the City is in need of professional conservation services to assist in maintaining the value, integrity and authenticity of artwork included in the Fort Worth Public Art Collection; WHEREAS, Conservator provides professional conservation services; and WHEREAS, City and Conservator desire to enter into a contract to have such services provided which benefit City. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: ARTICLE 1 SERVICES 1.1 Conservator covenants and agrees to fully perform, or cause to be perf ee�-- faith and due diligence, all objectives described in Exhibit "A", attached and in oY�i'_'at�����, ` r`' ;�� for all purposes incident to this Agreement ("Services"). Services are to be performed in compliance with Conservator's Condition Assessments and Treatment Proposals, attached hereto as Exhibit "B" and incorporated herein for all purposes. 1.2 Existing conons hidden or concealed and not available for reasonable visual observation discovered during Services will be reported promptly to Manager prior to commencing further Services. 1.3 Conservator shall promptly repair, to a condition reasonably acceptable to the Manager and the City, any damage caused to property by Conservator or its employees, agents or subcontractors. ARTICLE 2 TERM &TERMINATION 2.1 Term. Services shall be provided by Conservator for a term beginning October 29, 2007 and ending when City determines the Services are complete, or September 30, 2008, whichever occurs first. 2.2 Termination. Either parry may cancel this Agreement at any time and for any reason by providing the other parry with thirty days written notice of termination. In the event this Agreement is terminated prior to expiration of the Term, City shall pay Conservator only for Service actually rendered as of the effective date of termination. ARTICLE 3 FEE In consideration of the Services to be performed hereunder by Conservator, City promises and agrees to pay Conservator an amount not to exceed THIRTY ONE THOUSAND FIVE HUNDRED DOLLARS ($31,500) "Fee"). The Fee shall be compensation for all Services. Payment from City to Conservator shall be made on an invoice basis for services 2 rendered following receipt by City from Conservator of a signed invoice. The invoice shall be submitted to City no later than the 15'' day following the end of the month. ARTICLE 4 INDEPENDENT CONTRACTOR Conservator shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Conservator shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontractors and program participants. The doctrine of respondeat superior shall not apply as between the City and Conservator, its officers, agents, servants, employees, subcontractors, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Conservator. It is expressly understood and agreed that no officer, agent, employee, or subcontractors of Conservator is in the paid service of City. ARTICLE 5 INDEMNIFICATION (a) CONSERVATOR COVENANTS AND AGREES TO INDEMNIFY, HOLD I;[��RMLESS 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 CONSERVATOR 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 3 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. CONSERVATOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD LESS 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 CONSERVATOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. (b) CONSERVATOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED BY CONSERVATOR IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. (c) Conservator shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of the Arts Council and the City in substantially the same form as above. (d) This Section 5 shall survive the expiration or termination of this Agreement. ARTICLE 7 INSURANCE During the term of this Agreement, Conservator shall procure and maintain at all times, in full force and effect, a policy or policies of insurance that provide the specific coverage set forth in this Section 7 as well as any and all other public risks related to Conservator's performance of its 0 obligations under this Agreement. Conservator shall specifically obtain the fallowing types of insurance at the following limits. • Commercial General Liaty: $1,000,000 per occurrence; providing blanket contractual liability insurance products and completed operations, independent contractor's liability; and coverage for property damage to City facilities; and • Automobile Liability: $1,000,000 per occurrence or accident; including, but not limited to, all vehicles, whether owned or hired, in use by Conservator, its employees, agents or subcontractor; and • Worker's Compensation/Emnloyer's Liability: Worker's compensation coverage as required by applicable law; and Employer's Liability at $100,000 per accident. Conservator shall promptly provide the City with certificates of insurance that verify Conservator's compliance with the insurance requirements of this Agreement. The City's Risk Manager shall have the right to review and evaluate Conservator's insurance coverage and to make reasonable requests or revisions pertaining to the types and limits of that coverage. Conservator shall comply which such requests or revisions as a condition precedent to the effectiveness of this Agreement. ARTICLE 8 MISCELLANEOUS 8.1 Assignment. Conservator shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement without the prior written consent of City, and any attempted assignment of subcontract of same without such prior written approval shall be void and constitute a breach of this agreement. 8.2 Compliance with Law. Conservator, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Conservator any such violation on the part of Conservator or any of its officers, agents, employees or subcontractors, then Conservator shall immediately desist from and correct such violation. 8.3 Non -Discrimination. Conservator, in the execution, performance or attempted performance of this contract and Agreement, will not discriminate against any person or persons because of disability, age, familial status, sex, race, religion, color or national origin, nor will Conservator permit its officers, agents, employees, or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3, of the ON Code of the ON of Fort Worth ("Discrimination in Employment Practices"), and Conservator hereby covenants and agrees that Conservator, 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 either Conservator, its agents, employees or subcontractors. 8.4. Right. to Audit. Conservator agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Conservator involving transactions relating to this Agreement. Conservator agrees that the City shall have access during normal working hours to all necessary Conservator facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Conservator reasonable advance notice of intended audits. Conservator further agrees to include in all of its subcontractors agreements hereunder a provision to the effect that the subcontractors agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractors involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractors facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractors reasonable advance notice of intended audits. This Section $.4 shall survive the expiration or termination of this Agreement. $.5 Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify Conservator of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. $.6 Entire Agreement. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall be void. $.7 Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. $.7 Notices. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below. 7 Libby Watson, Assistant City Manager City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 (817) 3924518 in R. Dennis, Conservator 3505 Villanova Has, TX 75225 (214) 691-4337 8.9 Non -Waiver. The failure of City or Conservator to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or District's right to assert or rely upon any such term or right on any future occasion. 8.10 Disclosure of Conflicts. Conservator hereby warrants to the City that Conservator has made full disclosure in writing of any existing or potential conflicts of interest related to Conservator's services and proposed services with respect to the Services. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Conservator hereby agrees immediately to make full disclosure to the City in writing. The City acknowledges that Conservator may use products, materials or methodologies proprietary to Conservator. The City agrees that Conservator's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials or methodologies unless the parties have executed a separate written agreement with respect thereto. Notwithstanding the foregoing, Conservator understands and agrees that the City is subject to various public information laws and regulations, including, but not limited to, the Texas Open Records Act. Conservator, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to any third party without the prior written approval of the City. 8.11 Severability. If any provision of this Agreement is 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. E 8.12 Force Ma'eure. The City and Conservator shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 8.13 Headin s not Controlling:, Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE.) 0 N WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective as of ATTEST: Marty HendAa City Secretary APPROVED AS TO FORM AND LEGALITY: Assistant City At��irney ate, D ATTEST: CITY OF By: WORTH L"bby Watstrn Assistant City Manager Contract Date John R. Dennis John R. Dennis orization l • l , OUNTY OP" BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John R. Dennis, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the John R. Dennis and that he executed the same as the act of said John R. Dennis for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of �-- A.D. 2006 CNARLES SCOTi CHILDERS Notary Public, State of Texas My Commission Expires October 16, 2011 the State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the City of Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this A.D. 20ww �' ROSELLA BARNES MY COMMISSION EXPIRES March 31, 2009 Notary Public in and for the State of Texas 11 EXHIBIT "A" CONSERVATION TREATMENT Treatments are based on Conservator's submitted Condition Report/Treatment Proposal 1) Gene Owens, Runnels, ceramic, Botanic Garden 2) George Rickey. Twelve Triangles Hanging„ Stainless Steel, City Hall 3) Historic Water Department Sign, cast stone, Holly Water Treatment Plant 1) Chris Powell, to be alongside me, Botanic Garden S) Ed Storm, Vision of the Third Eye, Botanic Garden 5) Will Rogers Memorial Complex, Auditorium Mural 7) Will Rogers Memorial Complex, Coliseum Mural MAINTENANCE TREATMENT All artworks will be cleaned with mild detergent and running water. Residual debris and wax will be removed. All surfaces will be waxed and buffed 1) Jim Reno, Charles Tandy, Downtown Fort Worth 2) Lloyd Bowman, John Peter Smith, Downtown Fort Worth 3) Lisa Perry, First Bulldogger, Bill Pickett, Northside 4) Glenna Goodacre, Naiads, Botanic Garden 5) Jack Bryant, John Justin and Baby Blue CONDITJON REPORT/TR> ATMCNT PROPOSAL Object: Fountain Artist/Date: Gene Owens/20t" Century Ylaterial: Glazed Ceramic tile, mortar (honer: City of Fort Worth. Texas CONDITION 'fhe iixuitain consists oft�oo separate elements made Isom s;lazed tile. '1'hcy arc installed i n either side of the Main entrance to one of the public buildings at the tort Worth Botanic Gardens. One element glazed dark blue, and the other is dark brown. Both are surrounded by extensive plantings. The fallowing conditions �oece observed during examination: There are several losses and chips to the tiles in various areas. A rather disfiguring color of silicone caulking has been used ratlxer recently to seal the tiles. Of most concern are the very disligm-ing white accretions found throughout the surface of both fountains obscuring the original glazed surfaces. 'These are fi-)uttd throughout the meandering system of both elements, but are most prevalent where the water spills into both pools. It appears that there arc areas where the structural mortar balding the ii�tmtains tog`thrr has deteriorated, or has become lost entirely. As the Fountain was examined while it ��as running, it is unclear as to how extensive this problem might be. `I'RLA`hMENT PROPOSAL All treatments follow the tenants of the American Institute for Conservation's Code of Jithics. A written Treatment Report and before, during, and after treatment digital photos will be provided to the owner upon completion of the treatment. To accomplish the treatnictri the fountain will have to be drained, as possible planting will have to be removed from around the fountain. Chips and losses will be tilled with a pigment tinted cementations liner and burnished to match aaiacent original surfaces. TREATMENT PROPOSAL -Fountain Page 2. Structural mortar seams will be repointed where necessary using an appropriate mortar, matching the original in color and texture as much as possible. The unsightly accretions found throughout all surfaces will be removed, most likely using a slightly acidic solution. Experimentation and testing will have to be done to find the safest and most efficient method, If desired, the present caulking can be removed and the seams can be recaulked. The owner should be consulted for this part of the treatment. MAINTENANCE If further accretions build up after the completion of the above treatment —which they most probably will without a filtering system installed between the water supply and the fountain —they should be removed fairly often to avoid excessive, disfiguring build up. ESTIMATED COST: $6200.00, this does not include the removal and replacement of existing caulking, which would be an additional $2400.00. John R. Dennis Sculpture Conservator July, 2007 Object: Twelve Triangles Hangint: h9ateriat: Stainless Steel Artis(fDate: George Rickey/1974 Owner/Agent: City of Port Worth, Texas t:ONDI't'tON The sculpture was only examined from a distance as access was Gmitctl. '1't►r sculpture appears to be in structurally very good condition. Dust and other debris has settled onto the upward facing, horizontal surfaces. Because of the fine balance of the parts, even small amounts of debris tend to alter the orientation of the sculptures sections. See Photos. T'ItEATMEN'1' The following treatment as•ill be documented in writing as well as photograpl�icalh before, during, and after treatment. lasing ladders foe access, all surfaces of the sculpture will be cleaned using e•acuueus, dust rags, brushes, etc. As a final cleaning, all surfaces will be wipes with a volatile organic solvent to remove all extraneous materials. All attachments and cables will be checked for integrity during the cleaning. EiSTIR7ATED COST: SZ25U,W June 30, 2t10ti John R. Dennis Sculpture Conservator e fruit i' tf 1`t.titi"i'tf?:.'ttf tt #fr #.'ity rrf Fort sh,"ffth, ` cla G"<rlt ortr liwation Marl nithcred Error a b4i>fo N "Etas 10"1t11aet c�-rm#rrrt, 111�majli s< t Hit mome In rictcr ormitrts. * 16 noVittfwju,'p4pf1 rAd r-OfICRirr# Clydlf 140M. `I!#� �t E� svr�s�rir�f�*i�f o#fl UAt#r# kffr�Ertp t"rt rra of the mc1#ot#i� iok€tsre it #fs s ite r i fs pi i t t f the wo pit ' dete-rirt ip ra # t f r i ft 9 rtem tire= Etxtrrt< vilmtrrt� t�rarr;c ,trlsirr¢,, afft�f rt#� �tts�fiti lifeerrs=f`�ctT� filf�, �Ei;rrss> tseraft �� �r�z=`�s�st``e� t'ssrt��-r�t� ,�lpp �� err ���� #rr ftr�rt�tr tfi�~ siarrr�;, �rr� E i tr p tEf t # rprf p 3 f ro- tfr an r#tr frg9 CAA VVU ff rcpcp tv t7t; #vainscul b Hall rc-t Eband #treyd6ee-Wee the titrt#'r ffrrwr . irfltw Itok%c rk, it Atli rtr f ttt 1. tr p� Otc d Crt ,rt t ptlrt S, OR - tty. PIACIZIR MC OfelittA iflAWrr Err a rwr�ri#�iiii �tt�itr�r��r##st � fire �t:tE#r' p� � �[�rir, uV :pn adetrs otaici i tie fallowc lif stones om fry t`t't"Srfr i t# At .r OMS "B# ii if s i€ri tst a L fi, i t a p it is E do iir tars; €t itK4 dried xt ut! aver a jw-dod of tit c.. t#4En f r # i rir try atr. f evaparallon. AgicivilAs woulki be n r to paske water lix-marmtkoa tft tap# rise Istit-h Walt tumm tfi sft� by w# ft#ti€n , and pureMIT train to water Ott tit firrr its jubm �iteis tt ##taus€ €tf Mo', it wic ape tisv detrrN " REr#rr ssf#fry ftrt���� i tptrat �trae i 2pf CONDITION REPOR'I'/TREATMENT PROPOSAL Object: To Be Alongside Me Artist/Date: Chris Powell/201►' Century Material: Cast Stone, Colored mortar Owner: City of Fort Worth, 'Texas CONDCI'ION l'hese four vertical monoliths, sited in a courtyard at a building at the tort Worth Botanic Gardens, appear to be cast stone to which a colored cementatious coating has been added over all surfaces. The coating has failed in a number of areas where it has been lost or is peeling from the surface. This failing of the surface is most likely due to water getting in between the interior support and the decorative coating. The coating, also appears to have the whitish accretions associated with mineral buildup from the local water supple. See the enclosed photo CD. "I'RlA"['MINT PROPOSAL This t•eatneat follows the tenants of the American h�stitute for Conservation's Code oi I thics. A written 'Treatment Report as well as before, during, and after color digital photographs will be provided to the owner upon completion of the treatment. Some experimentation will have to be done to formulate an exact treatment Ibr these objects. If possible, the artist should be consulted regarding possible treatments. C;encrally, the treatment would follow as below: 'lhc monoliths should be cleaned with running water itnd an appropriate deterge►tt. As possible, white �tnineral accretions should be removed judiciously. Loose surface should be attached to the underlying support with a cementatious tiller such as Jahn or hydraulic cement, colored to match surrounding original surfaces. losses to the surfaces should be tHied using an appropriately tinted cementatious filler to match surrounding original surfaces. "I'o prevent further erosion of the surface, the monoliths could be coated with a silane based masonry consolidant such as Conservare UH. This would consoliclatc the surface somewhat, and render the surface fairly water resistant. This is estimated as a separate option below. ISTIR9A'TED COST': $3200.00 to $4500.00, additionally, i!'it is desired to consolidate the surface using a si lane compound add $ } 700.00. John R. Dennis Sculpture Conservator J uhr. 2007 REPORT ON CONDITION/TREATMENT PROPOSAL Object: Material: Artist/Date: Owner: CONDITION Vision of the Third Eye Bronze Ed Storms / 1965 City of Fort Worth This bronze wall relief is comprised of three panels welded together at verso with artist created plates. It is currently sited at the Botanic Garden in the Garden Center near the Leonhardt Lecture Hall TREATMENT This sculpture should be thoroughly cleaned, removing all old coatings and wax. Areas where severe scratches or abrasions are evident will be repatinated. Following treatment, the entire sculpture should be rewaxed. Estimated Cost: 650.00 John R. Dennis Sculpture Conservator October 15, 2007 REPORT ON CONDITION/TREATMENT PROPOSAL Object: Two Lark Ceramic Friezes Material: Fired Glazed Ceramic Tile Artist/Date: Designed by Kenneth Gale/Bryon Shrider/Executed by the Mosaic Tile Co. Owner: City of Fort Worth, Texas CONDITION The fallowing report summarizes the condition of tvvo large ceramic the murals designed specifically for the roof lines of the Will Rogers Auditorium facility in the Will Rogers Complex in Fort Worth, Texas. These murals are similar in construction to those found above entrances to various `barns' on Burnett -Tandy Drive in the same complex. The tiles (about 12" x 12" square) appear to be high fired glazed ceramic with a light colored clay body. The murals appear to be in relatively good condition. Observable damage is of two types. The buildings have appear to have settled over time thus causing minor losses/spalling of the design surfaces (see Photos Mural 145,43 and #12, Mural 2- #11). Additionally, each corner of both murals shows some expansion and thus separation of the joins and some cracking vertically of the tiles (sec Photo Mural 2- #14). Rain water has dissolved components in the joint mortar, thus staining the surfaces of the two murals (see Photos Mural 1412 and #13, Mural 247 and #9). Mural 1 shows several areas where pointing is lost (see Photos Mural 14110 and Generally, the murals are in good condition, with a thorough cleaning they would be brighter. There has been repair work done to the surrounding limestone, which is visible in a number of the photos, as it appears to be deteriorating over the entire surface of the building. TREATMENT PROPOSAL The following proposal addresses the surface of the murals only. Questions about the settling of the building should be addressed by a structural engineer with experience in historic structures. The following treatment proposal follows the tenants of the AIC Code of Ethics in regards to reversibility of materials and documentation. All treatments will be documented in writing as well as with color and B+W 35 mm photography, before, during and after treatment. EIIIW T fi ! i Murals wo Large Ceramic 1. All surfaces will be €leaded using running avater and a mild detergent such as ORVUS. Staining of the surface will be removed using a mildly acidic solution designed for this purpose from ProSoCo. All solution will be thoroughly rinsed from the surfaces. 2. Loose pointing will be removed mechanically from a!1 joints mechanically. The original mortar would be tested for composition and a similar mortar would be used to repoint areas as needed. 3. L.osses and cracks would be filled with a cementations filler such as those made by Jahn colored to match the original clay body. The fills will be dressed. 4. Fills would be colored to match surrounding original glaze in color, texture and gloss. Some experimentation will be needed to find the proper coloring agent —one that is permanent and color fast. The treatment as outlined above will require 2 to 4 days on site. Access to running water will be needed for this treatment. Estimated Cost: $3350.00 The estimated cost in€lodes al! labor, equipment, materials, documentation and liability insurance. It does not include any bonds, permits, other types of insurances, licenses, etc. as may be required, nor does it include the testing of the mortar which will be charged at cost plus 20%. Jotn R. Dennis Sculpture Conservator May 1, 2004 ibject. Charles David T andy Material: Cast, Patinated Bronze Artist/Bate: Jim Reno/1980 fTwner: City of Fort Worth, Texas `sec attached SOS! purvey for additional information about tlzis sculpture. fills over life-size standing figure sits in a circular bark setting. This sculpture was conserved by this examiner about b to 7 years alto. It is a Prime example of what happens when there is no maintenance after treatment. The Incralac coating has become deteriorated and the underlying bronze is beginning to corrode (see Photos 3 and €t4). At this point the corrosion process is not severe, but if no maintenance is performed soon, the sculpture will become quite disfigured and damaged. Itherrvise, the sculpture, though quite dirty is in good conditiocl. TItI�ATMEIVT t'I2TiPt?AL 'The foCCorr�ing proposal is essentially a rnainten:taiee treatment rr=itCt the added element of spraying the sculpture with an additional coat of Incralac. The sculpture mill be tl�orougl�ly cleaned using running water and CDRVU detergent. A coat of Incralac will be sprayed over the entire surface and allowed to set. The stone base will a protected during application. The sculpture will then be waxed with a micr©crystalline based wax and buffed to a gloss. O T": If Ieft unmaintained as before the integrity of this treatment will be severely impaired. A regular maintenance schedule should be set up whereby the sculpture is washed and waxed at lust once a year. Cstimated Cost: $900.00 John it. Dennis cuipture Conservator t t .; REPORT ON CONDITION/TREATMENT PROPOSAL Object: Material: Artist/Date: Owner: CONDITION John Peter Smith Granite Lloyd Bowman/1906 City of Fort Worth This is a large stone base tapped with alife-size bust, The monument is in good condition structurally, as was reported in July 2006. Minor chipping is evident along the base of the monument. As recommended in 2004, the soil around the base needs to be raised, as the footing of the sculpture is visible. The sculpture received a thorough cleaning using of a solution of Vulpex detergent and water applied and brushed with a soft bristle brush to remove dirt and some ferrous staining and black corrosion. Several treatments were applied resulting in a fairly clean and even surface. TREATMENT This sculpture should receive annual attention to remove dirt and bird and insect debris. Estimated Cost: 750.00 John R. Dennis Sculpture Conservator October 15, 2007 REPORT ON CONDITION/TREATMENT PROPOSAL Object: The First Bulldogger, Bill Pickett Material: Bronze Artist/Date: Lisa Perry / 1987 Owner: City of Fort Worth CONDITION This bronze sculpture was cleaned thoroughly using high pressure water and a Ph neutral detergent to remove dirt buildup, and bird and insect debris. Mineral accretions on the tail were removed manually, Areas of patina loss were reapplied using various oxidizing chemicals and heat to approximate the surrounding original surface patina. A protective coating of Incralac was applied by brush first and a sprayed secondary coating. Finally, the sculpture was waxed and buffed. TREATMENT To insure the long term integrity of the 2006 treatment, this sculpture should be maintained on an annual basis. This maintenance treatment requires a thorough cleaning using ORVUS detergent and running water, and a wax coating applied as above. Estimated Cost: 900.00 John R. Dennis Sculpture Conservator October 15, 2007 REPORT ON CONDITION/TREATMENT PROPOSAL Object: Material: Artist/Date: Owner: CONDITION Naiads Bronze Glenna Goodacre / 1989 City of Fort Worth This artwork is comprised of two seated and one standing slightly under life-sized figures. The sculptures were treated in November 2006 at which time the figures were washed with ORVUS and rinsed with a power washer. All bases were cleaned at the same time. The surfaces, which had begun to show light green copper sulphate corrosion Ls a result of environmental conditions and lack of maintenance, were integrated using a cold patinating process. A saturated solution of potassium permanganate was applied by brush to all surfaces and allowed to dry. Chemical residues were then rinsed from all surfaces. A 10% solution of Incralac in toluene was applied to all surfaces by brush and with HVLP spray equipment. Finally, the sculptures were waxed and buffed. TREATMENT To insure the long term integrity of the 2006 treatment, this sculpture should be maintained on a regular basis. This maintenance treatment requires a thorough cleaning using ORVUS detergent and running water, and a wax coating applied as above. The Incralac coating should be inspected and applied as needed. Estimated Cost: 450.00 John R. Dennis Sculpture Conservator October 15, 2007 REPORT ON CONDITION/TREATMENT PROPOSAL Object: Material: Artist/Date: Owner: CONDITION John Justin and Baby Blue Cast Patinated Bronze Jack Bryant / 1996 City of Fort Worth This bronze sculpture was cleaned thoroughly in July 2007 and lightly waxed. An Incralac coating has not been applied since 2004. Evidence of vandalism and an attempted repair by WRMC staff was noted during this treatment: the eyeglasses may not be original. Staff used a heavy bonding agent to reapply a pair of glasses to the sculpture. TREATMENT This sculpture requires coatings of Incralac to preserve the surface and to fix the fugitive patina. The treatment should be followed by waxing and buffing. To insure the long term integrity of the 2006 treatment, this sculpture should be maintained on an annual basis. Estimated Cost: 1700.00 John R. Dennis Sculpture Conservator October 15, 2007 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/8/2008 n�� .. �� n� _ s � x� _�:� - ,� ._ _ _ � ___. _ _ � _.. � � . � �_� DATE: Tuesday, January 08, 2008 LOG NAME: 03JDCONSERVATIO REFERENCE NO.: **C-22598 SUBJECT: Authorization to Enter into an Artwork Conservation Contract with John Dennis for Conservation Maintenance and Treatment of Various Works of the Art in the Fort Worth Public Art Collection �..�_ � �� ��b,� � � T a , � .�� _ ,. �..., _ _ � _ � �� �� _�.� - — ,.___ �.� _. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Artwork Conservation Contract with sculpture conservator, John Dennis, for conservation maintenance and treatments for 12 artworks in the Fort Worth Public Art Collection, in an amount not to exceed $31,500. DISCUSSION: Under the Artwork Conservation Contract, sculpture conservator, John Dennis, will perform conservation work on the following works of art in the Fort Worth Public Art Collection: Conservation Projects Runnels, to be alongside me, and Vision of the Third Eye —Botanic Garden; Twelve Triangles Hanging - City Hall; Historic Water Department Sign —Holly Water Treatment Plant; and Auditorium and Coliseum Murals —Will Rogers Memorial Complex. Maintenance Projects Charles Tandy and John Peter Smith —Downtown; First Bulldogger, Bill Pickett — Northside; Naiads —Botanic Garden; and John Justin and Baby Blue —Will Rogers Memorial Complex. The annual Conservation Action Plan was a part of the FY 2007-08 Fort Worth Public Art Work Plan, approved by City Council on September 25, 2007, (M&C C-22411) and included maintenance treatments for the five sculptures and conservation treatment for the seven sculptures included in this contract. The collection is composed of artworks permanently sited in public places and facilities owned by the City. As recommended in the Fort Worth Public Art Master Plan, the acquisition and display of works of art requires a commitment to maintain artwork in the collection in a manner consistent with professional standards and national best practices. Regular preventative maintenance for each artwork is based on the recommendation of professional conservators and is determined by materials used to create the artwork, its location and environmental exposure. Conservation treatments consist of extensive cleaning and repairs to artworks as needed and are implemented in a timely manner to avoid permanent disfigurement or loss. BACKGROUND: On October 2, 2001, (M&C G-13396) the City Council adopted Ordinance No. 14794, creating the Fort Worth Public Art Program. The Fort Worth Master Plan was adopted on September 30, 2003, (M&C G- 14087) which sets forth administrative procedures, including guidelines for Collection Management in order Logname: 03JDCONSERVATIO Page 1 of 2 to protect this valuable asset. On May 19, 2006, (M&C G-15185) the City Council adopted the Long -Range Public Art Plan for the Water Fund, which established the Public Art Conservation Fund and outlined a process for developing an annual Conservation Action Plan in order to maintain the value, integrity and authenticity of works in the Fort Worth Public Art Collection. In previous fiscal years, contracts with sculpture conservator John Dennis were executed by the Arts Council of Fort Worth and Tarrant County using funds provided by its Professional Management Services Agreement with the City of Fort Worth for administration of the Fort Worth Public Art program. John Dennis was selected through a competitive RFQ process conducted by the Arts Council of Fort Worth and Tarrant County in FY 2003. 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. The artworks to be treated are physically located in COUNCIL DISTRICTS 2 and 9 but serve the entire city. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C291 536010 032880069980 $31,500.00 Submitted for City Manager's Office bv: Libby Watson (6183) Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Sandy Oliver (7371) Logname: 03JDCONSERVATIO Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/25/2007 .. � -� _�� �� �� � � ._ - w� � _ _ � _, �__ _. �. DATE: Tuesday, September 25, 2007 LOG NAME: 0308PUBLICART REFERENCE NO.: C-22411 SUBJECT: Authorize Renewal of Professional Services Agreement with the Arts Council of Fort Worth and Tarrant County, Inc., for FY2007-08 Management of the Fort Worth Public Art Program T ..w� �,.< . � - RECOMMENDATION: It is recommended that the City Council authorize the City Manager to renew a professional services agreement with the Arts Council of Fort Worth and Tarrant County, Inc., for FY2007-08 management of the Fort Worth Public Art Program. DISCUSSION: Under the proposed FY2007-08 renewal contract and Work Plan, the Arts Council will continue to administer the Fort Worth Public Art Program, including management of up to 55 current and new public art and design enhancement projects included in the Long Range Public Art Plan for the 2004 Capital Improvement Program, the Long Range Public Art Plan for the Water Fund and other projects, with a combined budget of over $6.3 million. The agreement will be for the amount of $392,499 to be paid to the Arts Council of Fort Worth and Tarrant County Inc. In addition, the Arts Council will administer the Conservation Action Plan (CAP), including appraisals and condition assessments on three works, as well as preventative conservation maintenance or conservation treatment of 18 existing works in the Fort Worth Public Art Collection. The Arts Council also will continue to present public educational programming and artist training and improve the program's website (www.fwpublicart. org). The Administrative Budget for FY2007-08 includes a full year's funding for a Project Manager position that was added for a partial year in FY2006-07. Besides project management and general administration of the program, the Public Art staff is developing an application process for Community Nominated Neighborhood Projects, to be initiated in early 2008, and a public art plan for the 2007 Certificates of Obligation sale. The Programmatic Budget for FY2007-08 includes funds to support artist selection processes, implementation of the FY2007-08 Conservation Action Plan (CAP), and public education and artist training programs. The number and type of artist selection processes in a given fiscal year is driven by the City's implementation schedule for capital projects identified in the Long Range Public Art Plan for the 2004 CIP, and new public art projects recommended by the Fort Worth Art Commission in its annual Work Plan. In addition, the City is implementing projects included in the 2007 Certificates of Obligation sale and other projects, such as the Lancaster Avenue Median project, "Avenue of Light". Collection Management Administration, including appraisals and condition assessments is included in the Programmatic Budget; however, $47,950 for conservation treatment of 18 pieces in the Fort Worth Public Art Collection will be derived from the interest -bearing Public Art Conservation Fund. The Fort Worth Art Commission endorsed a draft FY2007-08 Work Plan on August 13, 2007, which was widely publicized through various print and electronic media. The Fort Worth Art Commission held a public Logname: 0308PUBLICART Page 1 of 3 hearing on September 10, 2007, and received no opposition to the draft plan. The FY2007-08 Work Plan was formally recommended that same date. The FY2007-08 budget of $392,499 represents a 9 percent increase over last year's budget. This increase is due to conversion of a part-time position to full-time, full year budget for position added in FY2006-07, and staff salary increases averaging two percent. BACKGROUND: On October 2, 2001, (M&C G-13396) the City Council adopted Ordinance No. 14794, creating the Fort Worth Public Art Program. The purpose of the Fort Worth Public Art Program is to create an enhanced visual environment for Fort Worth residents, to commemorate the city's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the city's capital infrastructure improvements and to promote tourism and economic vitality in the city through the artistic design of public spaces. Specific art projects are funded via a two percent set -aside of General Obligation Bond and Water and Sewer Fund capital improvement funds. On September 30, 2003, (M&C G-14087) the City Council adopted the Fort Worth Public Art Master Plan, which sets forth administrative procedures, including the artist selection panel process by which artists are selected for individual projects. On May 17, 2005, (M&C G-14801) the City Council adopted the Long Range Public Art Plan for the 2004 Capital Improvement Program (ClP), which identifies specific projects in the 2004 CIP that have a public art/design enhancement component to be funded by the two percent set aside of bond funds. On May 9, 2006 (M&C G-15185), the City Council adopted the Long Range Public Art Plan for the Water Fund, which outlines a process by which the Fort Worth Art Commission may recommend new public art projects to be initiated each year, as well as an annual Conservation Action Plan (CAP). From program inception to date, the Arts Council of Fort Worth and Tarrant County, Inc., with oversight provided by the Fort Worth Art Commission, has provided comprehensive management of the Fort Worth Public Art Program, and some 31 public art conservation projects. In FY2006-07 specifically, the Arts Council accomplished the following: 1) Management of public art/design enhancement projects, with a combined budget of over $5 million. The following projects were completed this fiscal year: Fire Station No. 8, which has received national recognition at the annual Americans for the Arts Convention; Piedmont Road curb enhancements; and the City Council Chamber's new "Molly" sculpture; 2) Conservation treatment of various works in the Fort Worth Public Art Collection and restoration of the Northside Branch Library Mural were completed; and, 3) Presentation of public educational programming, including an exhibition entitled, "FWPA Artist Spotlight: Letitia Huckaby" at the Fort Worth Community Arts Center, which featured the artist's proposal for the Shamblee Branch Library public art project and an exhibition of The Herd Portfolio at the Central Library. A comprehensive project and collection database that will provide online status reports to the community via the Fort Worth Public Art web site (www.fwpublicart.org) was also initiated. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/Account/Centers Submitted for C� Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers C291 539120 031989990100 $392,499.00 Libby Watson (6183) Bridgette Garrett (8518) Sandy Oliver (7371) Logname: 0308PUBLICART Page 2 of 3 Logname: 0308PUBLICART Page 3 of 3