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HomeMy WebLinkAboutContract 35430 CITY SECRETARY CONTRACT No. AGREEMENT FOR DESIGN OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND ALICE BATEMAN This Agreement ("Agreement"), entered into this V day of , 2007, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (the "City"), acting by and through Libby Watson its duly authorized Assistant City Manager and ALICE BATEMAN (the "Artist"), residing at 3771 Cockrell Avenue, Fort Worth, TX. 76110. 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 Lovvorn, its designated Public Art Project Manager. WHEREAS, the City Council has appropriated funds from the Public Art Program Funds in the 2004 Capital Improvement Program (CIP) for the design and placement of works of art at, in, or near the ANIMAL CARE AND CONTROL CENTER, 4900 Martin Street, Fort Worth, TX, 76119, illustration attached hereto as Exhibit "A" (the "Site"); and, WHEREAS, the Artist was selected by the City through a selection process conducted by the Contract Manager with oversight of the Fort Worth Art Commission to design an outdoor area that provides a place for potential adopters to interact with animals they are considering for adoption. Artwork elements shall include a sculptural fence to be attached to the front fagade of the building and additional functional amenities such as benches, a drinking fountain, hardscaping and softscaping, which may be commissioned as funding permits; and, WHEREAS, the City and the Artist wish to set out the terms and conditions under which the Artwork shall be designed in order to promote the integrity of the Artist's ide t&—._-_ and statements as represented by the Artwork; Page 1 of 22 NOW, THEREFORE, the City and Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1. General. a. Artist shall perform all services and furnish all supplies, materials, and equipment as necessary to develop an Artwork Design for an outdoor enclosed "get acquainted" area at the Site for potential pet adopters, subject to aesthetic and structural design review and approval by the City. b. Artist shall coordinate with the City's project architect JRH Architects to ensure proper integration of the Artwork into the site and to ensure that there is sufficient electricity to support lighting fixtures so that the Artwork is visible at night. c. Artist shall meet with and seek input from the designated community advisory group and City staff, as requested by the Contract Manager. d. Artist shall consult with a qualified art conservator and shall provide written maintenance recommendations for the sculpture from said conservator to the Contract Manager. e. Artist shall present the Final Design to the designated community advisory group, City officials and the Fort Worth Art Commission for review and approval. 1.2. Deliverables: Within three (3) months after the execution of this Agreement, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.2 a — d. (collectively, the "Final Design Deliverables"), to the City for approval of the Final Design. The Final Design Deliverables shall consist of the following: Page 2 of 22 a. Two conceptual final design illustrations of at least 20" x 30" for the Artwork mounted on foam core and supplied in a high resolution digital format. One illustration shall feature the sculptural fence and associated lighting. The other illustration shall feature all the possible components of the artist-designed meet and greet area: sculptural fence with associated lighting, and additional functional amenities such as benches, a drinking fountain, hardscaping and softscaping. Items provided during the proposal phase may be included. b. Material or fabrication samples and/or prototype models, for the sculptural fence component of the Artwork that shows its size and placement in relation to the Site, as appropriate. c. Final written narrative describing the artist-designed "get acquainted" area along with cost estimates and maintenance requirements for the sculptural fence and associated lighting, and separate cost estimates for each additional component. d. Comprehensive working drawings detailing the means of installing the sculptural fence at the Site, together with other such graphic material as may be requested by the City in order to permit the City to carry out structural design review. These drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas as required by the City. Artist shall not be liable for the use of the drawings submitted under this Section 1.2.d for any use other than the Final Design. Upon request by the Artist, the City, the Site architect, engineer and/or project manager shall promptly furnish all information, materials, and assistance required by the Artist in connection with said submission to the extent such materials are available. The City, upon request, shall also provide correct scaled drawings of the Site, if available. 1.3 Implementation Budget Total. Page 3 of 22 Artist shall develop an Artwork Design for the sculptural fence and associated lighting that is financially feasible relative to the preliminary budget that was provided by the Artist through the Proposal Agreement. It is understood that the budget for implementation of the sculptural fence and associated lighting shall be approximately ONE HUNDRED THOUSAND DOLLARS AND NO CENTS ($100,000), reflecting total costs and inclusive of fabrication, delivery, installation, insurance, Artist's fees and travel expenses, and all associated costs for the Artwork. Artist shall provide a detailed budget, on the budget form hereto as Exhibit `B", for implementation of the Artwork through an Artwork Commission Contract with the City 1.4. Proposal Selection. City and Artist acknowledge that the Artist's Preliminary Proposal attached hereto as Exhibit "C" as reviewed and recommended by the Fort Worth Art Commission is the basis for executing this Agreement with the Artist. 1.5. Design Review. a. The City may require the Artist to make such revisions to the Preliminary Proposal or the Final Design as are necessary for the Artwork to comply with applicable statutes, ordinances or regulations of any governmental regulatory agency having jurisdiction over the Final Design Site for reasons of safety and security. b. The City may also request revisions to the Preliminary Proposal for other practical,non-aesthetic, reasons. c. Within thirty (30) days of its receipt of the Artist's submission of the Final Design, the City shall notify the Artist of its approval, or disapproval, of such submission and of each revision made in the Proposal. Revisions made pursuant to this Section 1.4, upon approval by the City, shall become part of the Final Design. q� Page 4 of 22 d. If the Final Design or any required revision is disapproved by the City, the Artist shall have thirty (30) days to resubmit the Final Design in conformance with the City's requirement. e. If resubmitted materials are not approved by the City this contract may be terminated at the City's option, with payment per the payment schedule in Section 2.1. f. If the Final Design is accepted by the City, this Agreement shall terminate upon final payment to the Artist for his design services and negotiations for fabrication, delivery and installation of the Artwork shall commence. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artist a fixed fee of THIRTEEN THOUSAND DOLLARS AND NO CENTS ($13,000) ("Fee"), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement. The Fee shall be paid in the following installments, expressed as percentages (or portions) of the Fee, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. Twenty percent (20%) upon execution of this Agreement, recognizing the Artist has already invested time and expense in preliminary design coordination with the City and its project architect. b. Thirty percent (30%) within thirty (30) days after Artist provides the services outlined in Section l.l.b.-c. c. Forty percent (40%) within thirty (30) days after the Artist submits the deliverables outlined in Section 1.2.a.-d. d. Ten percent (10%) within thirty (30) days after City notifies the Artist of its approval of detailed design drawings, working drawings and other items required under Section 1.2.a.-d. and 1.3. Page 5 of 22 2.2. Sales Taxes. The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Artwork. The City shall supply 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 "D." 2.3. Artists' Expenses. The Artist shall be responsible for the payments of all mailings or shipping charges, including insurance, on submissions to the City and the costs of all travel by the Artist, except as otherwise provided, and the labor costs for Artist's agents, subcontractors, and employees and all other expenses necessary for the proper performance of the services required under this Agreement. ARTICLE 3 TERM AND TERMINATION 3.1 Term. This Agreement shall be in effect from the date stated in the first paragraph of this Agreement, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to the Artist under Section 2.Ld. 3.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. 3.4. Termination for Cause. Page 6 of 22 If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of the intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 3.5. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) days before termination. The notice shall specify whether the termination is for convenience or cause. b. If the termination is for the convenience of City, Artist shall have the right to fees for work performed, in which event City shall have the right at its discretion to possession and transfer of title to the sketches, designs and models already prepared and submitted or presented for submission to City by Artist under this Agreement prior to the date of termination, provided that no right to fabricate or execute the Artwork shall pass to City. c. If termination is for the convenience of Artist, Artist shall remit to City a sum equal to all payments (if any) made to Artist pursuant to this Agreement prior to termination. 3.6. Incapacity of Artist. a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of this Agreement, City shall have the right to terminate this Agreement on payment to Artist or Artist's successors for all work Page 7 of 22 and services performed prior to death or incapacity. All finished and unfinished drawings, sketches,photographs, models and work shall become property of City. b. Should Artist's design have been approved or if Artist's work has progressed to the point of fabrication of the Artwork, in the event of termination under this Section 3.6, City shall have the right to complete the Artwork. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 4 REPRODUCTION RIGHTS 4.1. General. a. Upon payment in full to Artist, Artist's Final Design and all other work products under this Agreement shall become the property of the City, without restriction on future use, if the City accepts the Final Design and the Artwork is built, except as provided below. If the City does not accept the Final Design, or, after acceptance, a commission contract is not entered into and fully performed, ownership of the Final Design shall revert to the Artist. Except as provided below, Artist may retain copyright and other intellectual property rights in and to the Final Design. By execution of this Agreement, Artist grants to the City a perpetual, irrevocable license to graphically depict or display the Final Design and Artwork for any non- commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the Final Design or Artwork intended to promote or benefit the City, its public services or its public purposes,regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by the City, shall be deemed a non-commercial purpose. b. The City shall take title to all documents and/or drawings, which constitute or are components of the Preliminary Proposal and the Final Design, upon final approval Page 8 of 22 of the Final Design. These documents and/or drawings will be retained for archival and exhibition purposes. c. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of this Preliminary Proposal and Final Design, except as those rights are limited by this Agreement. The City may make and disseminate photographs, drawings, and other two- dimensional reproductions of the Preliminary Proposal Final Design and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice, if copyright obtained, substantially in the following form: "© date, Artist's name." d. Nothing in this Agreement shall prevent the Artist from using images of the Final Design or Artwork for marketing and promotional purposes in connection with the Artist's business, provided, however, that Artist shall make its best effort to credit City for commissioning the Artwork whenever possible. e. City is not responsible for any third party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. 4.2. Artist's Address. The Artist shall notify the Contract Administrator of changes in Artist's address. ARTICLE 5 WARRANTIES 5.1 Warranties of Title. The Artist represents and warrants that: (a) the Work shall be the original product of the Artist's sole creative efforts. (b) the Work is and will be unique and original, and does not infringe upon any copyright or the rights of any person; (c) the Work (or duplicate thereof) has not been accepted for sale elsewhere Page 9 of 22 t (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 rights granted pursuant to this Agreement; (e) the Work is free and clear of any liens from any source whatsoever; (f) the Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; (g) all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence; (h) the Artist shall assume the defense of, and INDEMNIFY AND HOLD HARMLESS, THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, ACTIONS OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF THE CITY'S USE OR POSSESSION OF THE WORK BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP,AUTHORSHIP,OR ORIGINALITY. ARTICLE 6 ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. The Artist shall have exclusive control of, and the exclusive right to control the details of the work 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 the City and the Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between the City and the Artist. Page 10 of 22 ARTICLE 7 INDEMNIFICATION (a) ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN. ARTIST LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF ARTIST, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. (b) ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. (c) Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. (d) All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. Page 11 of 22 ARTICLE 8 MISCELLANEOUS 8.1. Compliance. The Artist shall comply with all Federal, state and local statutes, ordinances and regulations applicable to the performance of the Artist's services under this Agreement. 8.2. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 8.3. 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. 8.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 8.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 8.6. Successors and Assigns. Page 12 of 22 Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective successors and permitted assigns. 8.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of the City and the Artist, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 8.8 Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 8.9. Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 8.10. Contract Construction. G Page 13 of 22 The parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 8.11. 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) thirty (30) days following delivery by the City to the Artist of written 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 purposes set forth in this Agreement. 8.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 8.13 Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Artwork (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City on 1000 Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Notwithstanding anything to the contrary herein, this Section 8.13 shall survive expiration or earlier termination of this Agreement. ARTICLE 9 EQUAL OPPORTUNITY Page 14 of 22 a. Artist shall not discriminate against any employee or applicant for employment because of age, disability, race, color, religion, sex, sexual orientation, national origin, or familial status. Artist shall take affirmative action to ensure that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation and national origin. Such action shall include but not be limited to the following: Employment, upgrading, demotion, transfer, recruitment or pay or other forms of compensations, and selection for training, including apprenticeship. b. Artist shall state in all solicitation or advertisements for employment placed by or on behalf of Artist that all qualified applicants shall receive consideration for employment without regard to age, disability, race, color, religion, sex, sexual orientation, national origin, or familial status. C. Artist shall furnish all information and reports requested by City, and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with such rules and regulations. d. In the event of Artist's noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred from further agreements with City. ARTICLE 10 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 Throckmorton Street Page 15 of 22 Fort Worth, TX 76102 Copies to: David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Public Art Director Arts Council of Fort Worth &Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST Alice Bateman 3771 Cockrell Avenue Fort Worth, TX. 76110 [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Page 16 of 22 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH Libby Watson Assistant City Manager u" ' zz -v Date ARTIST Alice Bateman l j��14 Q Date APPR VV S TO FORM: ATTESTED BY: Amy R ey s Marty Hendrix Assistant City Attorney l l C' Secretary /'Ducj Date Date NO M&C REQUIRED Page 17 of 22 Exhibit A: Site f 4 1, �I1IF ti. Animal Care and Control Center:Site Plan Image of Site Page 18 of 22 �,r;,;, .;. Exhibit B: Implementation Budget FORT WORTH PUBLIC ART PROJECT BUDGET Please complete this form and attach a signed receipt of estimate complete with per unit costs(no lump sums)for all items designated with an asterisk(*). TRAVEL(Non-local residents only) Airfare Car Rental Per Diem Expenses at$ per day Mileage at$ per mile STUDIO OVERHEAD Studio Rental,other expenses Phone and fax charges Supplies,detailed below INSURANCE Auto Liability General Liability for Artist/Subcontractors Worker's Comp./Employer's Liability Other,as applicable FABRICATION COSTS (Please attach a complete list of materials,cut-sheets and individual estimates including per unit costs with this form) Materials*(Total) Labor*(Total) TRANSPORTATION Materials to Fabrication Site* Finished Work to Installation Site* Other* SITE PREPARATION Landscaping/Irrigation* Removal* Electrical Modifications* Test Drilling* Water Work/Mechanical Devices Other* ARCHITECTS,ENGINEERS (If applicable,drawing must be signed and sealed by a professional registered to practice in the State of Texas) Architect* Structural Engineer* Electrical Engineer* Other* Page 19 of 22 LIGHTING Designers* Fbdures* Bulbs" Site Preparation* Installation* INSTALLATION COSTS (Costs must include allowance for after hours installation,if applicable. Please attach a complete list of equipment and individual estimates with this form) Labor Scaffolding* Equipment* Off-duty Police Traffic Barriers* Storage Facility Rental* City Permits Display Devices Fireproofing* Other* OTHER COSTS RELATED TO YOUR PROJECT* Photo/Video Documentation Other CONTINGENCY(59/6) ARTIST'S FEE(150/6) GRAND TOTAL Please make any necessary notes here: Prepared By: Date: Page 20 of 22 Exhibit C: Artist's Preliminary Proposal - Y 5 { Page 21 of 22 Exhibit D: Sales Tax Exemption TEXAS CERTIFICATE OF EXEMPTION I claim an exemption fiom payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. Description of'Items(or an attached order or invoice)To Be Purchased: All Items I claim this exemption for the following reason: Name of exempt organization: City of Fort Worth Texas Sales and Use Tax Permit Number 1-75-6000528-6 Project for which materials and supplies are purchased: I understand that I will be liable for payment of sales tax, which may become due for failure to comply with the provisions of'the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fain market rental value for the period of time used I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know,at the time of the purchase,will be used in a manner other than that expensed in this certificate and,upon conviction,may be fined up to$500 per offense Tax Exempt Status Due to Being a Governmental Entity Purchaser: City of Fort Worth Street Address: 1000 Throckmorton Street City,State,Zip Code: Fort Worth,Texas 76102 Sign Here: A Date: 02/07/2007 Phone: (817)392-8325 M e Gray-Rossl, slant Finance i"r This certificate does not require a number to be valid. Sales and use tax "exemption numbers"or"tax exempt'numbers do not exist, This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Page 22 of 22