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HomeMy WebLinkAboutContract 36878 CITY SECRETARY CONTRACT NO. AGREEMENT FOR FINAL DESIGN OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND ARTISTS FRANCES BAGLEY AND TOM ORR. This Agreement, entered into this �_day of 2008, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (the "City"), acting by and through Carl Smart, its duly authorized Acting Assistant City Manager and Frances Bagley, an individual and Tom Orr, an individual (collectively, the "Artists") of 8157 Barbaree Blvd., Dallas, Texas, 75228. 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 Anne Allen, its designated Public Art Project Manager. WHEREAS, the City is implementing the Fort Worth Public Art Program pursuant to the Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, (the "City Code"), in order 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; and, WHEREAS, the City of Fort Worth is designing and constructing a new fire station known as Fire Station #27, at the intersection of Precinct Line Road and Trinity Boulevard in north east Fort Worth, TX, 76053, more particularly described in Exhibit "A" hereto (the "Site"); and, WHEREAS, Fire Station #27 was identified in the Long Range Public Art Plan for the 2004 CIP for inclusion of public art, and two percent of the bond project amount has been earmarked for design and implementation of public art through the 2004 Capital Improvements Program (CIP); and, WHEREAS, the Artists were selected by the City through a selection process conducted by the Contract Manager with oversight of the Fort Worth Art Commission to design, fabricate and install their proposed artwork for Fire Station #27, which is an abstract painted aluminum and steel, free-standing sculpture, which uses "ladders" as a primary visual motif to be located in front of the fire station (the "Prop i WHEREAS, the City has asked the Artists to address various perceived safety and liability concerns about the Proposal; and WHEREAS, City and Artists wish to set out the terms and conditions under which said Work shall be designed in order to promote the integrity of Artists' ideas and statements as represented by the Work. NOW, THEREFORE, City and Artists 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. The Artists shall perform all services and will furnish all supplies and materials as necessary for Final Design, as set forth in Sections 1.3.a and 1.3.b. of this Agreement. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. The Artists 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 shall be mutually agreed upon by the City and the Artists. C. Artists shall meet with and seek input from City officials and community representatives, as appropriate. d. Artists shall consult with a qualified art conservator and shall provide written maintenance recommendations for the sculpture from said conservator to the Contract Manager. e. Artists shall meet and coordinate with project architect RPGA to ensure proper integration of the Work into the Site and into the construction documents; and appropriate lighting for the Work. f. Artists shall present the Final Design to City officials for input..and to-the F Worth Art Commission for review and approval at dates and times mutually agreed upon. , 1.2. Selection of the Artists. City and Artists acknowledge that the Artists' qualifications and the Artists' Proposal, attached hereto as Exhibit "B", have been reviewed and approved by the Fort Worth Art Commission, as the basis for executing this design services contract with the Artists. 1.3. Final Design: Services and Deliverables Within six (6) months after the execution of this Agreement, Artists shall perform the following services and provide the following deliverables as described in Sections 1.3.a and 1.3.b. a. Artists shall perform the following services: i. Artists shall consult with a licensed structural engineer to determine needs and costs associated with increasing the load bearing capabilities of the Work to withstand impact from a 250 lb person jumping onto it, in the event vandals attempt to climb the sculpture, and increasing the height of the Work to a minimum of ten (10) feet from the ground to any point on the Work (other than the central support pole); and, ii. Artists shall explore barrier options (e.g., a fence, bollards or berm) for the Work, to encircle an area at the base of the Work preventing a vehicle from driving under the Work; and, iii. Artists shall adjust the angles of "ladders" (in the Work) so the they do not appear easy to climb; and, iv. Artists shall explore night lighting and, in addition, Artists may explore incorporating a motion detector into the Work that would trigger a spotlight; and, V. Artists shall consult with the Project Architect and the Landscape Architect to determine feasibility and costs of creating a bermed,recessed area in which to locate the Work (to deter climbing), and to address drainage of same area; and, b. Artists shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.3.b. i-iii, (collectively, the "Final Design Deliverables"), to the City for approval. Final Design Deliverables shall consist of the following: 3 � i. Artists shall provide a final written narrative describing: (1) the design concept and timeline for completion; (2)proposed materials, fabrication and installation methods; and, (3) maintenance requirements for all elements of the Work as dictated by the Artists along with cost estimates for annual maintenance, and, (4) proposed public education program to be conducted by Artists during the commission phase of the project; and, ii. Artists shall provide final budget for the Work with written estimates attached for supplies and services provided by others; and, iii. Artists shall provide comprehensive working drawings detailing the means of installing the Work 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 and electrical 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. Artists will obtain and furnish to the City certificates of professional liability insurance from each such licensed professional, and will require the City to be named as a "certificate holder" entitled to notice of cancellation/nonrenewal in accordance with standard practices. Artists shall not be liable for the use of the drawings submitted under this Section 1.3.b.viii for any use other than the Final Design. c. Upon completion of the Final Design Deliverables, Section 1.3.b. i-iii, Artists shall meet with City officials and community representatives, as appropriate, to present their recommendations for addressing perceived safety and liability concerns and to discuss budget ramifications, at a date and time mutually agreed upon, for input. d. Artists shall present to the Fort Worth Art Commission the Final Design for review and input at a regularly scheduled Fort Worth Art Commission meeting. e. Artists shall provide the Final Design presentation materials and original presentation model and materials, to the Contract Manager to become part of the City of Fort Worth Public Art archive. f. Upon request by the Artists, the City, the Site architect, engineer and/or project manager shall promptly furnish all information, materials, and assistance required by the Artists in connection with said submission to the extent such materUs-are available. The City, upon request, shall also provide correct scaled drawings of the Site, if available. 1.5. Implementation Budget Total. Artists shall develop a Final Design that is financially feasible relative to the budget for implementation. It is understood that the currently available budget for implementation of the Final Design is approximately THIRTY FOUR THOUSAND EIGHT HUNDRED EIGHTY DOLLARS AND NO CENTS ($34,880), including materials, labor, fabrication, delivery, installation, insurance, Artists' fee (not to exceed 20% of final overall project budget, less fee received under this Design contract), mileage, and all associated costs for the Work, as well as educational program. Artists may present a budget that exceeds $34,880 addressing the City's perceived safety and liability concerns, for consideration. Artists shall provide a detailed budget, on the budget form hereto as Exhibit "C", for implementation of the Work through the Work Commission Contract with the City. 1.6. Design Review. a. The City may require the Artists to make such revisions to the Final Design as are necessary for the Work 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 Final Design for other practical, non- aesthetic, reasons. C. Within thirty (30) days of its receipt of the Artists' submission of the Final Design, the City shall notify the Artists of its approval, or disapproval, of such submission and of each revision made in the Final Design. Revisions made pursuant to this Section 1.6., upon approval by the City, shall become part of the Final Design. d. If the Final Design or any required revision is disapproved by the City, the Artists shall have a reasonable amount of time to resubmit the Final Design in conformance with the City's requirement. e. If resubmitted materials are not approved by the City, this Agreement may be terminated at the City's option, with payment for work performed per the payment schedule in Section 2.1. _vvJ t T. a 5 tr f. Upon the expiration of the Term, as hereinafter defined, of this Agreement, if the Final Design is accepted by the City and funding becomes available and is approved by City Council, negotiations for fabrication, delivery and installation of the Work shall commence, which shall become part of the deliverables under the subsequent Artwork Commission Contract. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artists a fee not to exceed TWELVE THOUSAND DOLLARS AND NO CENTS ($12,000), which includes a fixed Artists' fee of SEVEN THOUSAND DOLLARS AND NO CENTS ($7,000) inclusive of incidental costs and all travel expenses, (the "Artists' Fee") and an amount not to exceed FIVE THOUSAND DOLLARS AND NO CENTS ($5,000) for structural and landscape engineering and consulting fees, (the "Engineering and Consulting Fees"), which shall constitute full compensation for all services and materials to be performed and furnished by the Artists under this Agreement, including engineering and consulting fees as provided below. The Artists' Fee shall be paid in the following installments, expressed as 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: The Artists' Fee shall be paid as follows: (a) Three thousand five hundred dollars ($3,500) upon execution of this Agreement, recognizing that the Artists have already invested time and expense in preliminary design coordination with the City and its consultants. .j J 6 (b) Two thousand eight hundred dollars ($2,800) within thirty (30) days after the Artists provides the services and deliverables outlined in Sections 1.3. along with final engineering and consulting invoices as outlined in Section 2.1. (c) Seven hundred dollars ($700) within thirty (30) days after the City's review of the detailed design drawings, working drawings and other items required under Section 1.3. (see Section 1.6). The Engineering and Consulting Fees in an amount not to exceed $5,000 shall be paid to the Artists for structural and landscape engineering fees and a conservator's consultation in order to fulfill the terms of this Agreement. Such payment shall be made upon receipt of an invoice from the Artists with the original invoice (a retainer fee of up to 50% is allowed) for such services attached. 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 Artists 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," and will assist Artists in ensuring that appropriate measures are taken so that no sales taxes are charged on services and materials furnished by Artists' vendors. 2.3. Artists' Expenses. The Artists 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 Artists, except as otherwise provided, and the labor costs for Artists' 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. 0 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 Artists by City, whichever is later. 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 Artists 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. 3.3. Termination for Cause. If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of the intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 3.4. 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, Artists 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 Artists under this Agreement prior to the date of termination, provided that no right to fabricate or execute the Artwork shall pass to Citpla y. A: C. If termination is for the convenience of Artists, Artists shall remit to City a sum equal to all payments (if any) made to Artists pursuant to this Agreement prior to termination. 3.5. Incapacity of Artists. a. In the event of either Frances Bagley or Tom Orr's death or physical or legal incapacitation during the term of this Agreement, City shall have the right to terminate this Agreement on payment to Artists or Artists' successors for all work and services performed prior to death or incapacity. All finished and unfinished drawings, sketches, photographs, models and work shall become property of City. b. Should Artists' design have been approved or if Artists' work has progressed to the point of fabrication of the Artwork, in the event of termination under this Section 3.56, City shall have the right to complete the Artwork. Due regard shall be made for Artists'intended results and proper credit and acknowledgement shall be given to Artists. ARTICLE 4 REPRODUCTION RIGHTS 4.1. General. a. Upon payment in full to Artists, Artists' 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 Artists. Except as provided below, Artists may retain copyright and other intellectual property rights in and to the Final Design. By execution of this Agreement, Artists 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, whi h�p gate or are,- components of the Preliminary Proposal and the Final Design, upon final approval of the Final Design. These documents and/or drawings will be retained for archival and exhibition purposes. C. Artists 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 Artists and a copyright notice substantially in the following form: "©date, Artists' name." d. Nothing in this Agreement shall prevent the Artists from using images of the Final Design or Artwork for marketing and promotional purposes in connection with the Artists' business, provided, however, that Artists 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 Artists' copyright and not responsible for protecting the intellectual property rights of Artists. 4.2. Artists' Address. The Artists shall notify the City of changes in the Artists' address set forth in Article 10. The failure to do so, if such failure prevents the City from locating the Artists, shall be deemed a waiver by the Artists of the right subsequently to enforce these provisions that require the express approval of the Artists. Notwithstanding this provision, the City shall make every reasonable effort to locate the Artists when matters arise relating to the Artists'rights. ARTICLE 5 WARRANTIES 5.1 Warranties of Title. The Artists represents and warrants that: y'6 G Fl..V� 16� f•• is ;�q _'✓: 10 (a) The Final Design shall be the original product of the Artists' sole creative efforts. (b) The Final Design is and will be unique and original, and does not infringe upon any copyright or the rights of any person; (c) Artists has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Final Design or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; (d) Artists has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; (e) All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence; (f) Artists 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 Final Design by reason of an alleged or actual copyright violation or other lack of ownership, authorship, or originality. ARTICLE 6 ARTISTS AS INDEPENDENT CONTRACTORS 11 The Artists shall perform all work and services hereunder as independent contractors, and not as officers, agents, servants or employees of the City. The Artists 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 Artists, his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between the City and the Artists. ARTICLE 7 INDEMNIFICATION (a) ARTISTS 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 ARTISTS 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. ARTISTS 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 ARTISTS, ITS OFFICERS, ��'� :�JY,{I MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. (b) ARTISTS 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 ARTISTS IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. (c) Artists 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. ARTICLE 8 MISCELLANEOUS 8.1. Compliance. The Artists shall comply with all Federal, state and local statutes, ordinances and regulations applicable to the performance of the Artists' 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. Jd�G rJ Vd �' 13 -- 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 Assi nis. 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 Artists 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 Artists, 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. 14 —___—-- 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. 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 Artists 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. Artists agrees that City will have the right to audit the financial and business records of Artists 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 determi this Agreement. Throughout the Term of this Agreement and or,,three._(3) 15 ' _ thereafter, the Artists shall make all Records available to the City at 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 a. Artists 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. Artists 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. Artists shall state in all solicitation or advertisements for employment placed by or on behalf of Artists 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. Artists 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 Artists' noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Artists may be debarred from further agreements with City. ARTICLE 10 NOTICES 16 -,. 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: Carl Smart, Acting Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street 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. ARTISTS Frances Bagley and Tom Orr 8157 Barbaree Blvd. Dallas, TX 75228 [SIGNATURES APPEAR ON FOLLOWING PAGE.] ..: '. -al,L� 17 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH AActingg t t City Manager Date: T Frances agley,, Date: _ — Tom Orr Date: `3 -2`1-a 16 VED O FORM: Leann Guzman Assistant tl A torney Date: Attested BY. NO M&C REQUIRED fx-\ 14IM �iendrix City$ecretar) 18 -i, M a' CD CD O� a a ■ ^�I III,� /,\q.• ,,pi b I �=l C l +�=-� �fIJ 1 (j-.f�l (b I ,I •!��;�' 1�l RAla Cl 6 ._..._.... .___...... ._...... I I I fT'i L� Exhibit B: Artists' Preliminary Design Proposal a n u a Public Art Proposal Fire Station#27-Fort Worth,TX Artists Frances Begley&Tom Orr IM.e.riM. a,.a+ied mooed eiumfnum 20 .� - � _� �� � � � Y ;�� � ��� 4r ��+'�� . -� �� � . . .. r,n �K� 'rT�� '� j'' K '� Exhibit C: 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-only if acquired for this project Additional 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' P 22 LIGHTING Designers' Fixtures' 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 ARTIST'S FEE(15%) GRAND TOTAL Please make any necessary notes here: Prepared By: Date: Exhibit C: Implementation Budget Form 23 Exhibit D: Sales Tax Exemption TEXAS CERTMCATF OF EXEMPTION I claim an exemption from 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 Foil 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 lax 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 fair market rental value for the period of time used I understand that it is a misdemeanor to give an exemption certificate to the seller fox 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 Strcet City,State,Zip Code: Fort Worth,Texas 76102 Sign Here:W6E,7, Date: 02/07/2007 Phone: (817)392-8325 M e Gmy-Rosd AWdant Mamce for 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. 24 Exhibit E: Technical and Maintenance Record GENERAL INFORMATION Artist: Address: Telephone: Cell: E-mail: Gallery Affiliation: Other Representation: ARTWORK Title of Artwork: Project Name and Location Address: FWPA Project Manager: Description of Artwork: (attach separately if necessary): Artwork Dimensions: Height: Width: Depth: Pedestal or Pad Material: Pedestal or Pad Dimensions: Height: Width: Depth: Location & Description of Signature Markings (or copyright): Edition Information if applicable: Date of Execution: Place of Execution: Collaborating Artist: Fabricator (if other than artist) Exhibit E: Technical and Maintenance Record 25 Exhibit E: Technical and Maintenance Record Fabricator Address: Methods/Materials Used in Execution of Artwork Materials (list type, brand name and manufacturer of all materials; attach Material Safety &Technical Data. Include contact names for all suppliers and attach warranty information): Construction Description: (list all fabricators and any architects, engineers or other technicians involved in the creation and installation of this artwork. Attach all warranties &agreements) Material(s) Specifications: Joining Methods: Welding Rod Alloy or Joint Material &Application Method: Casting Alloy, Wax Body, Glass or Fiber Type: Finishes &Coatings (paint color and type, glaze,patina, any and all coatings including fixative, UV, grafitti, etc. Please list vendors and contact information and provide all product information): • Q ' o,l IL Exhibit E: Technical and Maintenance Record 26 Exhibit E: Technical and Maintenance Record Pedestals, Foundations &Footings, Mounting and Attachment Applications (List all materials used to install artwork on site. Include vendor information, parts numbers, warranties and agreements.) Integrated Components (List all components included in design and fabrication contracts that function as a part of the final installation including but not limited to: lighting, media, landscaping, etc. Include all vendor information,parts numbers, warranties and agreements and any/all design schematics): Installation Installation Date: Installation Method: (describe installation method, provide photo documentation if available. List name and contact information of installation crew. Attach any diagrams or disassembly instructions.) Recommended Routine Maintenance Artist recommendation based on experience and consultation with conservation expert Artist's Conservation Consultant Name: Address: Phone: (Please attach Conservator's Long Term Maintenance Recommendations) 27 Exhibit E: Technical and Maintenance Record Unusual or Special Circumstances of Note Artist's Intention (Please describe your view of how the artwork will change over time and in response to environmental conditions. The artist's vision of how the artwork will look in the future assists FWPA in realizing an appropriate conservation action plan. In addition to environmental conditions public artworks are often affected by public handling, landscaping and site changes. Please clearly detail your expectations for this artwork. Please address issues related to the life expectancy of this artwork.) Unusual or Special Circumstances of Note Artist's Intention (Please describe your view of how the artwork will change over time and in response to environmental conditions. The artist's vision of how the artwork will look in the future assists FWPA in realizing an appropriate conservation action plan. In addition to environmental conditions public artworks are often affected by public handling, landscaping and site changes. Please clearly detail your expectations for ' work. Please address issues related to the life expectancy of this artwork.) UJ Exhibit E: Technical and Maintenance Record, R V ti ,? 28 Exhibit E: Technical and Maintenance Record Exhibit E: Technical and Maintenance Record Qj li0 29