HomeMy WebLinkAboutContract 39547AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF FORT WORTH AND
JOHN R. DENNIS, SCULPTOR CONSERVATOR•
AL HAYNE ARTWORK
THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF
FORT WORTH, a home rule municipal corporation of the State of Texas ("City"), acting by and
through FERNANDO COSTA, 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 its designated Public Art
Collection Manager ("Collection Manager").
WHEREAS, the City owns an artist created historic Artwork ("Artwork") accessioned in
the Fort Worth Public Art Collection known as the "Al Hayne Artwork" ("Artwork") more
particularly described in Exhibit "A" located at 1700 Main Street at Lancaster Avenue; and,
WHEREAS, the City is in need of professional conservation services to assist in
maintaining the value, integrity and authenticity of the Artwork; and,
WHEREAS, Conservator provides professional conservation services; and,
WHEREAS, the Conservator was selected by the City through a selection process
conducted by the Contract Manager with oversight of the Fort Worth Art Commission; 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:
QFFICIA�, hEC®R®
CITY SECRETARY
ARTICLE 1
SERVICES
1.1 Conservator covenants and agrees to fully provide, or cause to be provided, with good
faith and due diligence, conservation services ("Services") services in substantial conformity
with the Conservator's Project Approach and Scope of Work dated April 17, 2009, attached as
Exhibit "B" and incorporated herein for all purposes incident to this Agreement ("Services").
1.2 Services are to be performed in compliance with the AIC Code of Ethics and Guidelines
for Practice.
1.3 Conservator will inform in writing any unexpected and substantial discoveries of
conditions hidden or concealed and not available for reasonable visual observation prior to
proposal which may affect the Scope of Work and Treatment.
1.5 Conservator shall promptly repair, to a condition reasonably acceptable to the Manager
and the City, any damage caused to city 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 August 1, 2009
and ending when City determines the Services are complete, or July 30, 2010, whichever occurs
first.
2.2 Termination. Either party may cancel this Agreement at any time and for any reason and
without penalty by providing the other party 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 Services actually rendered as of the effective date of termination.
ARTICLE 3
FEE
3.1 In consideration of the Services to be performed hereunder by Conservator, City
promises and agrees to pay Conservator an amount of EIGHTY SIX THOUSAND,
THOUSAND, EIGHT HUNDRED AND TWENTY DOLLARS ($86,820.00) ("Fee".)
Payment from City to Conservator shall be made on an invoice basis following receipt by City
from Conservator of a signed invoice. The invoice shall be submitted to City no later than the
15t" day following the end of the month.
3.2 Notwithstanding the foregoing, the City may pay to the Conservator, upon receipt of
supporting documentation, contingency funds in an amount of THIRTEEN THOUSAND,
ONE HUNDRED AND EIGHTY DOLLARS ($13,180.00) ("CONTIGENC)D for
unanticipated costs associated with the Services that are incurred by the Conservator
("Contingency Funds").
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.
3
ARTICLE 5
INDEMNIFICATION
(a) CONSERVATOR 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
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
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 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 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
obligations under this Agreement. Conservator shall specifically obtain the following types of
insurance at the following limits:
• Commercial General Liability:
$I,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/Employer's Liability:
5
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.
G
This Agreement is made and entered into with reference specifically to Chapter I7,
Article III, Division 3, of the City Code of the City 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
Athis section. The City shall give Conservator reasonable advance notice of intended audits.
Conservator further agrees to include in all of its subcontractor's agreements hereunder a
provision to the effect that the subcontractors agree 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 8.4 shall survive the expiration or termination of this Agreement.
8.5 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.
8.6 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.
8.7 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.
8.7 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:
Fernando Costa, Assistant City Manager
City of Fort Worth
1000 Throckmorton St.
Fort Worth, Texas 76102
(817) 3924518
8.9 Non -Waiver
John R. Dennis, Conservator
3505 Villanova
Has, TX 75225
(214) 6914337
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 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.
E:3
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.
8.12 Force Majeure. 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
A 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 Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, to be effective as of
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Date:
ATTEST:
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
• �& -
ntract Authorization
r
John R. Dennis
a��ICIAl. FtECC�RD
CITY SECRETARY
FT. WORTH, TX
io
STATE OF TEXAS
:ark,
• ••.
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
A.D. 2009.
STATE OF TEXAS
LOUIS JOHN MCKENZIE
Notary Public, State of Texas
My Commission Expires
August 08, 2012
0
�a day %J
Mary Public
the State of TE
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Fernando Costa, 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 day of
A.D. 2009.
="PINIA OU'ANIRS Notary Public in and for the State of Texas
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7. Approach to the l'roicct
dye see the proicct heintrcarried out as follows:
Samples of the various mortars and stone samples, as well as c(rrrosion products
from the bronze bust, will he taken and sent to tile Test Laboratory. 'The
Quimby/McCoy Report will be used as At guide -but addifiooai trampling and testing
will probably he needed. Several samples of'similar material may be taken, as there
appears to be a peel"creatia)Jdif1'crentia) cooling and drying of the surface -most
larobabh doe to the overhanging tree and orientation of the naonunxnt to the sun.
[`poll receiving the test results, the Principals and Consultant will thoroughly
cxaa►nine the hilonumcnt on site anal devise a Treatment Plan, Thc'Treatnrent Phan
►will follow the Scope of Work as outlined on file following pages, though there may
be modifications. NVC would like to have file testing results prior• to writint; the
Treatment Plan.
Upon approval ol'the Treatment Plan, the treatment will begin.
inal submittal ol'the "Treatment Report and Nlauntenancc Recorarmendatiuns, wish
relevant docunrcntatiun.
Proposed Schedule:
(ipon the a►nhact being executed, approved samples will be taken :uul sent to the
1`esting Lahoratory. I Mouth
lyfhcn the L:ahoraUulReport is r•cccived for the: saunl>Ics, Principals lout Consultant
as ill conacne oil site, exa►nine the nunnnuent, and devise the "Treahncarl Plan. 1
onfh
The'1'rcatmcnt Plan is submitted for approval. (11arNh
Conscrvafion Treatment takes place on site. Zif [)lays.
nal'Trcafilet) t Report, 4ainfenaalice Recummcndations, and Uacumcrrtatiorr
Submitted. 2 yb`ecl<s
We believe file proposed starting date ol`August 1, 2009 is not feasible for several
reasons. The testing load resulting'Trcatment Plan most likely cannot be completed
in one month after Contract Execution. Additionally, most of lire injection grouts,
mortars, and coatings/consolidants likely to be used have verve specific tcmpe►ature
parameters, and the avcather will most certainly Ire too exh4emc in Port Worth in
August. We would propose a Start Work date in raid to hate September, 2009.
Ilarar \Urtnuucttt Pngwwl, Jnlm R. Urnnis. Princip;t U('un(art
1y'c would animpatc the actual Ireatncnl to be concluded in early o n, tl October,
however, life Treatment is fairh) weather dependant.
yVc wilt strive io formulate a Treatment Pt:u� which follows the guidelines of the
AIC Code of Ethics and Guidelines for Practice and snakes future MAIinfeualice of
the monument, bronze and stone clements, as simple and straightforward as
possihlc.
The. Scope oi' �Vork, as outlined on the following pages will be used as a gcueral
guide, IUwCVer, as stated above we would like to have the testing results prior to the
fornudatiuu of the Treatment Plan. Further, if unreported damages, evidence of
previous restoration attempts, instabilities, and/or other conditions are found
during e.xanfination, which are not noted in the Quimby/iblcCoy report, we may
request additional testing, an engineering report, and/or a more complex treatment
methodology, One aspect which we feel was not atdequmedy addressed in the
QuimhN/V1cCoy report was the structural stability of the monument.
Iliiroe 1lunu mcnf Prupm;�l, dnhu It. Urunis, rriucipsllCYndacl
2. Project Description
SCOPE OF WflRlt
A. The conservator's work will include conservation of the AI Hayne Monument. The scope of
services below is preliminary and is intended to serve as a basis for this proposal. The
conservator of record will make his/her own assessment, determine testing, and propose
treatments after the contract is awarded and notice to proceed is given. The scope of services
will, at minimum, include the following.
I. Update 2008 History and Conditions Assessment with any new information by
memorandum, including photographic documentation, where necessary.
?.. Preparation of Testing and Treatment Plan.
3. Coordination and approval of testing and treatment plan with the City of Fort Worth's
designated contract manager, the Arts Council of Fort Worth & Tarrant County.
4. Sampling and testing.
Prior to treatment, the conservator of record will be responsible for undertaking sampling
and testing in order to fully determine the cause of deterioration and proper course of
treatment. Tests that may be required are:
a, petrographic analysis to determine original sandstone composition,
b. water vapor permeability of original stone,
c. capillary absorption/total immersion of original stone,
d. compressive strength of original stone.
el salt content of original stone,
f. SEM (to determine performance characteristics of consolidant applied in 1996.
1997 campaign),
g. strength and composition of original and later pointing mortar, and
h, tests for corrosion products on bronze bust.
i. While not included in this scope of work, additional tests may be necessary, as
determined by the conservator.
5. Treatment
The scope of work for the conservation effort will include:
a. the removal of failing stone patching material and installvtion of new patching
that is compatible with the original stone;
b. cleaning of sandstone and granite elements, including removal of biological
growth:
c. cleaning of bronze bust:
d. reapplication of protective coating to bronze bust;
e. repair of cracks and delaminating areas in sandstone:
f. the replacement of figures previously cast in patching materials with new
materials compatible with the original stone; and
EX� IIBIT "T','a
2. Project Description
Continued
g. removal of inappropriate pointing and repointing with appropriate mortar
match.
h. While not included in this scope of work, other treatments may be considered
by the conservator of record.
5. Full documentation of all treatments, including photographic documentation.
7. Preparation of final Treatment Report, including photographic documentation of the
monument before, during, and after treatment.
6. All of
the
work outlined in this scope of services
shall be
conducted in accordance with the
American
Institute of Conservation (AIC) Code
of Ethics
and Guidelines for Practice.
C. Coordination with the schedule of work being performed by others will affect the sculpture
conservation work. Coordination will involve scheduling of work and determining protection
requirements that allow work to proceed adjacent to the monument while protecting the
monument. The work to be undertaken by others includes park renovations at the park
surrounding the monument, including landscaping.
D. The conservator of record will be responsible for provision of his/her scaffolding, storage of
materials, lighting, heating elements and other equipment that may be required to perform the
treatments.
E. The contract with the successful art or architectural conservators} will be with the City of Fort
Worth. All work shall be in accordance with the Secretary of the Interior's Standards for
Rehabilitation, the state of Texas Antiquities Code, and the American Institute for Conservation
of Historic and Artistic Works (AIC) Code of Ethics and Guidelines for Practice.
F. Supplemental information includes photographs taken before, during, and after the 1994-1997
u-eatmenC and a history of the AI Hayne monument prepared in 2008 for Fore Worth Public
Arc These materials will be available to the selected conservator.
G. A payment schedule shall be negotiated in advance of the contract signing.
9. Fee Proposal
All Fees below are based on a rate %P 5150 per hour. Equipment, materials, and
travel expenses are additional as noted below.
Sample taking, approval, documentation-$1000.00
On site examination, formulation of Treatment Plan incorporating testing results,
Quimby/McCoy Report, AIC Code of Ethics, additional/new conditions-3
Principals, I Consultant-$12,000
On site Treatment following Proposed Treatment Plan-3 Principals-$48,000
Final Treatment Report, Documentation, Maintenance Recommendatlons-55000
Expenses:
Equipment Rentals -Scaffold, Fence, generator, truck, etc-S5000
Insurance-$500
Materials Testing-$4800
Mileage-51320
Materials-Urouts, mortars, coatingslconsolidants, etc-S3700
Consultant Travel Fees -airfare, board and. room-$1700
Travel and related expenses for out of state Principal-24 days-S380t)
Estimated Total Fee as Outlined above-S86 820 00
Hayne Monument Proposal, John R. Rennis. PrincipnVCuntaet
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council C
:�%-iru
unication
COUNCIL ACTION: Approved on 11/17/2009
DATE: Tuesday, November 17, 2009
LOG NAME: 20FWPA AL HAYNE
REFERENCE NO.: **C-23908
SUBJECT:
Authorize a Professional Services Agreement with John R. Dennis in the Amount of $86,820.00 for
Conservation Treatment of the AI Hayne Monument which is Part of the Fort Worth Public Art Collection
Located at 101 West Lancaster Avenue
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a Professional Services
Agreement with objects conservator John R. Dennis in the amount of $86,820.00 for conservation
treatment of the AI Hayne Monument which is part of the Fort Worth Public Art Collection located at 101
West Lancaster Avenue.
DISCUSSION:
The Professional Services Agreement will enable the City of Fort Worth (City) to implement its Public Art
Collection Management/Conservation Program as set forth in the Long Range Public Art Plan for the
Water Fund adopted by the City Council on May 9, 2006, in order to conserve and restore a historic and
cultural monument. This project was included in 2008-2009 Annual Work Plan (M&C C-23101) adopted by
City Council on September 30, 2008. The Agreement will be funded from the Public Art Conservation
Fund —Capital Budget. A contingency of $13,180.00 is available as needed to provide for unanticipated
costs associated with the treatment.
BACKGROUND:
Created in part by artists Lloyd Bowman (1893) and Eveline Sellors (1934) the AI Hayne Monument is an
accessioned member of the Fort Worth Public Art Collection.
On April 24, 2008, the City authorized an Agreement with Quimby -McCoy Preservation Architecture, LLP,
(City Secretary Contract No. 37009) to provide a condition assessment, recommendations for
conservation treatment, cost analysis for treatment and guidelines for a Request for Qualifications for the
AI Hayne Monument. The report concluded that the monument, "though experiencing deterioration, is in
generally fair to good condition, especially considering the age of the monument, its location near a busy
intersection and delayed maintenance" and recommended "appropriate testing and treatment by a
qualified and skilled conservator and diligent maintenance."
On March 26, 2009, Fort Worth Public Art issued a Request for Qualifications (RFQ) for conservation
services for conservation/restoration services for the AI Hayne Monument. The RFQ was sent to highly
qualified individual conservators and firms, posted on the Fort Worth Public Art (FWPA) and City websites
and posted on the National Public Art Network listserv, a process approved by the City Purchasing
Department. Respondents were asked to provide materials that demonstrate ability to accomplish the
work (firm history, team credentials and related experience), experience on similar projects, philosophical
treatment approach, evidence of insurability and a fee proposal.
Five candidates submitted materials for review. On June 9, 2009, submissions were reviewed by
members of a review panel consisting of five professionals experienced in historic preservation and/or
conservation.
http://apps.cfwnet. org/ecouncil/printmc.asp?id=12612&print=true&DocType=Print
11 /20/2009
Page 2 of 2
Review Panel:
Ames Fender, AIA, Chair, Historic Landmark Commission;
Leah Brown, Program Officer, National Trust for Historic Preservation;
John Campbell, Head Conservator, Nasher Sculpture Center;
Steve Kline, AIA, Regional Historic Preservation and Fine Arts Officer, General Services Administration,
Fort Worth Art Commission; and
Jennifer Conn, Public Art Collection Manager, Arts Council of Fort Worth and Tarrant County.
A scoring matrix considering 10 factors was utilized to rank qualifications ability and to quantify feasibility
and rate structures. Furthermore, selection was supported by in-depth discussion weighing the current
condition of the monument and its cultural value. The panel selected John R. Dennis and his team of
media specific conservation professionals with knowledge and experience in working in Texas and similar
climates as the best suited candidate for the conservation treatment of the monument. Additionally, the
panel preferred the team's interest in determining and correcting causes for ongoing overall and localized
problems affecting the monument and found that their treatment proposal was unique to all submissions
and supports the FWPA program goal to provide comprehensive treatment.
CONCLUSION:
The review panel recommended John R. Dennis as the most qualified candidate to provide conservation
service. On July 13, 2009, the Fort Worth Art Commission made a formal recommendation to the City
Council to engage John R. Dennis for this important conservation project.
The City' s overall M/WBE goal for the Fort Worth Public Art program is 25 percent of total capital project
dollars expended on public art annually.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated of the Specially Funded Capital Funded Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for Cit�Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. Accounting Info.pdf (CFW Internal)
2. AI Hayne Map.pdf (Public)
3. FAR 01281.pdf (CFW Internal)
FROM Fund/Account/Centers
C291 541200 809880128180
Fernando Costa (6122)
William verkest (7801)
Martha Peters (298-3025)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=12612&print=true&DocType=Print 11/20/2009