HomeMy WebLinkAboutContract 39455i
®Y SECRETARY
NTRACT NO.
DESIGN TEAM AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND JACK MACKIE
FOR A PUBLIC ART MASTER PLAN FOR EAST LANCASTER
AVENUE
This Agreement, entered into this 5 day of ��0... , 20091
by and between the CITY OF FORT WORTH, a municipal corporation, of the State of
Texas, (the "City") acting by and through Fernando Costa, its duly authorized Assistant
City Manager and Jack Mackie, an individual (the "Artist"). The City has designated the
Arts Council of Fort Worth and 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 Artist 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, a series of public art projects (current and future) are being planned
for locations along the East Lancaster Avenue from I-35 (the Near East Side Urban
Village) to Loop 820 and east to Historic Handley (the "Site"), a map of which is
attached hereto as Exhibit "A"; and,
WHEREAS, FWPA staff and the Fort Worth Art Commission recommend a
planning approach that considers the whole of the East Lancaster Avenue as well as its
various parts, relating these projects to one another while demonstrating the unique
qualities of the communities in which they resides and,
WHEREAS, the City desires to have the recommendations and approaches
compiled into a public art master plan document for the East Lancaster Avenue ("Master
Plan") as a guide for future implementation;
� O Fig A �ECORD
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fT. WORTH, TX
WHEREAS, the City is designing and constructing improvements to Dallas
Avenue and Sargent Street as part of the 2004 CIP, which lie within the Site and which
offer Artists the opportunity to implement public art/design enhancements; and,
WHEREAS, the Fort Worth Art Commission has recommended in its FY 2009
Annual Work Plan allocating funds from the Public Art Fund (the "PAF") and the 2004
CIP, to develop a public all master plan for the Site, that identifies locations and types of
public art that other Artists can implement over time, and that shall also include a
conceptual design for one location along East Lancaster for which funding is currently
available; and,
WHEREAS, the Fort Worth Art Commission desires to contract with an
experienced Artist with extensive urban corridor public art planning experience to
develop a Master Plan for the whole of the East Lancaster Avenue; and,
WHEREAS, the Artist was competitively selected through an invitational RFQ
process conducted by the Contract Manager with oversight of the Fort Worth Art
Commission; and,
WHEREAS, the City and the Artist wish to set out the terms and conditions for
the Artist's participation in the Plan, including collaboration with the City's Planning and
Urban Development Department staff;
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
EAST LANCASTER AVENUE MASTER PLANNING PHASE
SCOPE OF SERVICES AND DELIVERABLES
1.1 Scope of Services.
a. Artist shall conduct a minimum of one planning workshops) (Charette) that shall
involve a team of local artists, community stakeholders and City officials and
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staff, as appropriate, to brainstorm ways that public art can enhance citizen's
experience of East Lancaster Avenue, through the introduction of visual
elements that may reflect each neighborhood's unique characteristics and the
role that East Lancaster, as historic State Highway 80 plays in linking the
neighborhoods along its length.
b. Artist shall conduct research and gather community input, historical photographs,
oral histories, and documents for each of the "nodes" or neighborhoods along
the corridor
c. Artist shall create a public art master plan document ("Master Plan") for the East
Lancaster Corridor based upon the ideas and recommendations gathered
during research and developed during the Charette.
d. Artist may use consultant support, as determined by Artist, at no additional
expense to the City.
e. Artist shall meet with Police Department, City staff and designated stakeholders
to assist in identifying opportunities for artwork at the Fort Worth Crime Lab
public art project, during the first of the trips to Fort Worth (see Section
l.l.h.)
f. Artist may be involved with the artist selection process for the Fort Worth Crime
Lab public art project and shall coordinate with the artist selected for the
Crime Lab public art project to explore conceptual and visual continuity with
the East Lancaster Corridor Master Plan.
g. The Artist shall be briefed on the design for the Near East Side Urban Village
public art project (artist was selected through a separate process).
h. Artist shall make a maximum of three (3) trips to Fort Worth in order to
conduct research, meet with stakeholders, Artist and community members,
conduct a Charette and present the final master plan to community
stakeholders, City officials and the Fort Worth Art Commission on mutually
agreed upon date. Additional trips if required per Scope of Services 1.1 may
be negotiated and agreed upon in writing by City and Artist.
1.2 Master Plan Deliverables and Public Art Director Responsibility.
a. Artist shall perform the services and furnish all supplies, materials, and
equipment necessary to complete the Master Plan and provide certain
deliverables as set forth in this Section 1.2.a.i.-v. (collectively the "Master
Plan Deliverables") for City approval within six (6) months of the execution
of this agreement:
i. Master all
1. Develop conceptual sketches, to illustrate prototypical
streetscape elements reflecting the corridor's thematic
zones, including but not limited to, from West to East: (a)
Near East Side Urban Village, (b) City of Fort Worth
Crime Lab, (c) Oakland Corners Village / Dallas Avenue,
(d) the T transfer station / Sargent Street and, (d) Historic
Handley Village.
2. Develop a bubble diagram, shown as an overlay on the
existing streetscape, indicating recommended locations for
various types of public art / design enhancements.
3. Master Plan narrative describing: (1) East Lancaster
Avenue context; (2) Recommended thematic approaches
for public art / design enhancements; (3) Recommended
types of public art/design enhancement elements, including
media, and locations; (4) Estimated budget ranges for
recommended elements; (5) Prioritization of elements; and
(6) Listing of individuals and organizations who
participated in the Master Plan by giving input, attending
meetings, or any other participation.
ii. Copy of Artist' PowerPoint presentation, if any.
iii. Four copies and the pdf file of the final Master Plan
brochure/document/drawingsagrams.
iv. All original drawings produced during the Charette shall be
returned to the Contract Manager for the Fort Worth Public Art
archives.
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v. Artist shall receive copies of existing plans, maps and original
drawings from the Charette from the Contract Manager.
b. Deadlines for submission of Artist's deliverables may be extended by mutual
written agreement between the Artist and Contract Manager,
1.3 Additional Services.
a. City may request that Artist provide services in addition to the services set forth in
Sections 1.1, 1.2 and 1.3 above, or to revise portions of the design services completed
by Artist and accepted by City under this Agreement. City shall make such requests
in writing. Such additional services shall only be performed after execution of a
written amendment to this Agreement which includes, at a minimum, a description of
the additional services and scope of work, compensation and payment schedule, and
schedule for the delivery and completion of services.
b. City and Artist will mutually agree to compensation, payment schedule, schedule
for the delivery and completion of services.
c. Artist reserves the right to decline to provide the additional services.
ARTICLE 2
CONCEPTUAL DESIGN OF ARTWORK FOR EAST LANCASTER AVENUE
SCOPE OF SERVICES AND DELIVERABLES
2.1 Scope of Services.
a. The Artist shall determine the artistic expression, scope, design, color, size,
material, and texture of the Conceptual Design, subject to review and acceptance
by City as set forth in this Agreement.
b. The Artist shall select either Dallas Avenue or Sargent Street and shall perform
all services and will furnish all supplies and materials as necessary for developing
a Conceptual Design for artwork at his choice of either Dallas Avenue (at E.
Lancaster Avenue) or at Sargent Street (at E. Lancaster Avenue). Services shall be
performed in a professional manner and in strict compliance with all terms and
conditions in this Agreement.
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c. The Artist shall be involved with the artist selection process for the remaining site
and shall coordinate closely with the artist to explore conceptual and visual
continuity with the East Lancaster Corridor Master all.
d. The Artist shall meet and coordinate with the City's Planning Department, Parks
and Community Services Department and others as necessary to research the
feasibility of the design and to ensure proper integration of artwork into the Site.
e. The Artist shall provide preliminary written maintenance recommendations for
the artwork.
f. The Artist shall present the Conceptual Design to the designated community
stakeholders groups, local Artist and community members, City Council
Members and City officials for input and to the Fort Worth Art Commission for
review and approval at dates and times mutually agreed upon.
g. The Artist shall make a maximum of three (3) trips to Fort Worth for design team
meetings and presentations as indicated above. Additional trips if required per
Scope of Services 2.1 may be negotiated and agreed upon in writing by City and
Artist.
2.2 Conceptual Design Deliverables
a. Within six (6) 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 2.2.a.i.—iiv. (collectively, the "Conceptual Design
)eliverables") to the City for approval. Conceptual Design Deliverables shall consist of
the following:
i. A brief written report documenting Artist's research, listing of persons or
organizations visited (in -person, by telephone, or via web research);
ii. Written narrative describing the Design Concept for either the Dallas Avenue
or Sargent Street site;
Design illustrations of the artwork for the Site; illustrations shall be at least
20" x 30" mounted on foam core and/or in a high resolution digital format,
such as JPEG or TIF files;
iv. Written preliminary fabrication and installation schedule;
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v. Written listing of preliminary proposed materials, fabrication and installation
methods, including whether the artwork will be executed by the Artist and/or
the Artist's Subcontractor;
vi. Written preliminary maintenance requirements for all elements of the Work;
vii. Written proposed public education program to be conducted by Artist during
the commission phase of the project
viii. Drawings, sketches, photographs and/or other documents and/or maquettes as
are required by the Artist to describe the conceptual and visual character, and
appearance of the Artwork(s);
ix. Drawing in plan, section or elevation as needed by FWPA that locates the
artist's concepts) in the designated Site(s);
x. Written preliminary budget assessment for artwork for either Dallas Avenue
or Sargent Street that may be implemented within an amount not to exceed
$45,000;
xi. Written proposed public education program to be conducted by Artist during
the commission phase of the project; and,
b. Upon completion of the Conceptual Design Deliverables, Section 1.2.a.i-iv, Artist
shall meet with City officials and community stakeholders, as appropriate, to present the
Conceptual Design, at a date and time mutually agreed upon, for input.
c. Artist shall present the Conceptual Design to the Fort Worth Art Commission for
approval at a regularly scheduled meeting.
d. Upon approval, Artist shall provide the Conceptual Design presentation materials
to the Contract Manager to become part of the City of Fort Worth's Public Art archive,
per Article 5.1.
e. Upon request by the Artist, the City, the 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.
2.3. Implementation Budget Total.
Artist shall develop a Conceptual Design for either Dallas Avenue or Sargent Street that
is financially feasible relative to the budget for implementation. It is understood that the
budget for implementation of the Conceptual Design (for either Dallas Avenue or Sargent
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Street) is FORTY-FIVE THOUSAND DOLLARS AND NO CENTS ($45,000) including
materials, labor, fabrication, delivery, installation, insurance, transportation, travel,
contingency for cost increases and all associated costs for the Work, as well as a fixed
artist's fee and funds for the community involvement component and/or educational
program. An additional project contingency of 5% shall be held out separately from the
contract. Artist shall provide a detailed budget, on the budget form attached hereto as
Exhibit "B", for implementation of the Work through an Artwork Commission Contract
with the City, which contract is subject to the approval of City Council.
2.4. Conceptual Design Review.
a. The City may require the Artist to make such revisions to the Conceptual 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 Conceptual Design at its sole
discretion.
c. Within thirty (30) days of its receipt of the Artist' submission of the Conceptual
Design, the City shall notify the Artist of its approval, or disapproval, of such submission
and of each revision made in the Conceptual Design. Revisions made pursuant to this
Section 2.4, upon approval by the City, shall become part of the Conceptual Design.
d. If the Conceptual Design or any required revision is disapproved by the City, the
Artist shall have a reasonable amount of time to resubmit the Conceptual 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.
£ If Artist is not in agreement with the revisions requested by City, the Public Art
Program Director will mediate discussions to arrive at a consensus among all parties. In
the event that consensus can not be reached, Artist may terminate the Agreement per
Article 4.4.
g. Upon the expiration of the Term, as hereinafter defined, of this Agreement, if the
Conceptual Design is accepted by the City and funding is approved by City Council,
negotiations for final design, fabrication, delivery and installation of the artwork shall
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commence, which shall become part of the deliverables under a subsequent Artwork
Commission Contract,
2.5 Additional Services.
a. City may request that Artist provide services in addition to the services set forth in
Sections 1.1, 1.2 and 1.3 above, or to revise portions of the design services completed
by Artist and accepted by City under this Agreement. City shall make such requests
in writing. Such additional services shall only be performed after execution of a
written amendment to this Agreement which includes, at a minimum, a description of
the additional services and scope of work, compensation and payment schedule, and
schedule for the delivery and completion of services.
b. City and Artist will mutually agree to compensation, payment schedule, schedule for
the delivery and completion of services.
c. Artist reserves the right to decline to provide the additional services.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Fee.
The City shall pay the Artist a fee in the amount of THIRTY THOUSAND DOLLARS
AND NO CENTS ($30,000), which shall constitute full compensation for all services and
materials to be performed and furnished by the Artist under this Agreement, inclusive of
all travel expenses. The fee shall be paid in the following installments, each installment
to represent full and final, non-refundable payment for all services and materials provided
prior to the due date thereof.
a. Ten Thousand Dollars and No Cents ($10,000) upon execution of this
Agreement, recognizing that the Artist have already invested time and
expense in preliminary coordination with the City and community
members.
b. Ten Thousand Dollars and No Cents ($10,000) within thirty (30) days
after the Artist submits certain "Master Plan Deliverables", as required in
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Section 1.2.a.iAii. of this Agreement and makes a presentation of the
Master Plan to the Fort Worth Art Commission.
c. Five Thousand Dollars and No Cents ($5,000) within thirty (30) days after
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the Artist submits "Conceptual Design Deliverables", as required
Section 2.2.a.iAiv. of this Agreement and makes a presentation of the
Conceptual Design to the Fort Worth Art Commission.
d. Five Thousand Dollars and No Cents ($5,000) within thirty (30) days after
the City's approval of both the Conceptual Design and the Master Plan,
3.2. 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 Project. The City shall supply the Artist with the "Texas
Sales Tax and Local Sales Tax Exemption Certificate," for use by Artist in the fulfillment
of this Agreement.
3.3. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the
performance of this Agreement, including but not limited to services, materials,
mailing/shipping charges and insurance on submissions to the City, cost of all travel, and
costs for Artist's agents, consultants, and/or employees necessary for the proper
performance of the services required under this Agreement.
4.1 Term.
ARTICLE 4
TERM AND TERMINATION
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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 Artist by City, whichever is later.
4.2. 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.
4.3. Termination for Cause.
a. 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.
b. In the event that City terminates this Agreement for cause, City shall be relieved
of any obligation of further payment to Artist, and may hire another artist to perform the
Work. The additional cost to City to hire another artist to perform the Work that Artist is
obligated to provide under this Agreement shall be deducted from any sum due the Artist
and the balance, if any, shall be paid to the Artist upon demand. City shall also have any
and all other legal or equitable remedies available under the law.
c. In the event that Artist terminates this Agreement for cause, Artist shall be
relieved of any obligation to City. Any sum due the Artist for services provided prior to
termination for cause shall be paid to the Artist upon demand. Artist shall also have any
and all other legal or equitable remedies available under the law.
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4.4. Should City wish to terminate this Agreement for what it believes to be material
failure to perform and it is subsequently proven to be in error in such belief, this
Agreement may still be terminated by City for convenience pursuant to Paragraph 4.6
below.
4.5. No charges or claim for damages shall be made by Artist for any delays or
hindrances beyond the control of City during the progress of any portion of the services
specified in this Agreement. Such delays or hindrances, if any, shall be compensated for
by an extension of time for such reasonable period as may be mutually agreed upon by
both parties. It is understood, however, that permitting Artist to proceed to complete any
services, or any part of them, after the date to which the time of extension may have been
extended, shall in no way act as a waiver on the part of City of any of its legal rights
herein.
4.6. 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.
4.7. Incapacity of Artist.
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a. In the event of Jack Mackie'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 Artist or Artist's 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 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 4.7,
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.
4.8 Abandonment of Proiect.
If project is suspended for more than three months, or abandoned in whole or in part by
City, Artist may choose to terminate this Agreement and Artist shall be compensated in
accordance with the terms of the Agreement for Services satisfactorily performed prior to
the effective date and time of termination or suspension. Artist shall have no right to
recover lost profits on the balance of the work to be performed hereunder.
ARTICLE 5
OWNERSHIP OF DESIGN AND REPRODUCTION RIGHTS
5.1 The Work and all other work product agreed to by City and Artist as relevant to
Artist's final product under this Agreement shall become property of the City, without
restriction on future use, except as provided below. Artist shall retain copyright and other
intellectual property rights in and to the Work. By execution of this Agreement, Artist
grants to the City a perpetual, irrevocable license to graphically depict or display the
Work for any non-commercial purpose whatsoever; for purposes of this limitation, any
graphic depiction or display of the Work 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.
5.2 The City agrees to credit Artist as the creator and copyright holder when it
graphically depicts or displays the Work. Artist shall not utilize, sell, reproduce, or
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license to any other Party the Work or the design, in whole or in part, commissioned and
paid by City, or allow others to do so without the prior written consent of City.
5.3 In the event of any termination or suspension of this Agreement, all data, plans,
specifications, reports, estimates, summaries, and such other information and materials as
may have been generated or accumulated by Artist, shall be delivered to and become the
property of City pursuant to the provisions of Article 4.
ARTICLE 6
WARRANTY
The Work shall be the original product of the Artist's own creative efforts. Artist
warrants that the Work is and will be original and agrees to 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 7
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.
ARTICLE 8
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, PROVIDED
THAT SAID CLAIMS OR SUITS ARE CAUSED BY ARTIST'S NEGLIGENCE OR
WILFUL MISCONDUCT; 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, PROVIDED THAT SAID
CLAIMS OR SUITS ARE CAUSED BY ARTIST'S NEGLIGENCE OR WILFUL
MISCONDUCT. 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.
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(c) All indemnification provisions of this Agreement shall survive the
termination or expiration of this Agreement.
ARTICLE 9
DUAL OPPORTUNITY
a. The Artist shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, or national origin.
The 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. The Artist agrees to
post in conspicuous places, available to employees and applications for employment,
notices to be provided by the City setting forth the provision of this nondiscrimination
clause.
b. The Artist shall in all solicitation or advertisements for employment
placed on or on behalf of the Artist, state that all qualified applicants shall receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, or national origin.
c. The Artist shall furnish all information and reports requested by the City
of Fort Worth, 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 the Artist noncompliance with the nondiscrimination
clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in
whole or in part, and the Artist may be debarred from further agreements with the City of
Fort Worth.
10.1. Compliance.
ARTICLE 10
MISCELLANEOUS
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The Artist shall comply with all Federal, State and City statutes, ordinances and
regulations applicable to the performance of the Artist services under this Agreement.
10.2. 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.
10.3. 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.
10.4. 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.
10.5. 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.
10.6. Successors and Assigns.
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.
10.7. No Third -Party Beneficiaries.
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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.
10.8 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.
10.9. 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.
10.10. 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.
10.11. Fiscal Funding Out.
a. 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.
b. In the event of such termination, City will make payment to Artist per Section 4.
18
10.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
10.13. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
10.14. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or
legal incapacity of the Artist.
10.15 Right to Complete.
In the event of the death or legal incapacity of the Artist, the City of Fort Worth, subject
to the approval of any legally authorized executor, executrix, guardian, or attorney4n-
fact, shall have the right to complete the Work and shall give credit to Artist, as
appropriate.
10.16. Right to Audit.
The Artist agrees that the City will have the right to audit the financial and business
records of the Artist that relate to the Work (collectively "Records") at any time during
the Term of this Agreement and for one (1) year thereafter in order to determine
compliance with this Agreement. Throughout the Term of this Agreement and for one
(1) year 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 advance 15-day written notice by the City and shall otherwise
cooperate fully with the City during any audit. Notwithstanding anything to the contrary
herein, this Section 10.16 shall survive expiration or earlier termination of this
Agreement.
10.17. Certified MWBE.
If applicable, Artist shall make its best effort to become a certified Minority/Women
Business Enterprise (M/WBE) firm with a certifying agency whose certification is
accepted by the City under the City's M/WBE ordinance.
19
ARTICLE 11
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
2
CITY OF FORT WORTH: Fernando Costa, 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
ARTIST Jack Mackie
157 Yesler Way #507
Seattle, WA 98104-2527
[SIGNATURES APPEAR ON THE FOLLOWING PAGE.]
20
IN WITNESS HEREOF, the parties hereto have executed this Agreement on this
day and year first written above.
TO FORM:
Assistant City Attorney
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
ARTIST
Jack Mackie
ATTESTED
Marty HendiYt
City Secretary
Contract Authorization
Date
21
F
44
s=;
�a
Eeavl4
r
fu>
Exhibit B: Budget Form
ARTIST'S FEE (2(Y3e)
TRAVEL
or artists who live more than 50 miles from Fort Worth)
AUfare
Car Rental
Par Diem Expenses at per day
Mileage at Pei mile
INSURANCE
kut�t-fired Vehfale Uability
r;e oeral Liability for ArtistFSubcontractors
Worker's Comp. F Employer's Liability
Other, as applicable
ADMINISTRATIVE E%pENSES
PhmeiFax
Delhrety6n1wrig (farcorresp:}nonce, sample, rnl�-is, dr rring9 eta;
Reprographic Service
t'sup� ies
PROFESSIONAL CONSULTANT FEES
(If applicable, drawing must be sigr�ct Arrd sealed try a prafessic�ral registered b� pract�e
in the State of TeK as)
Architect'
Struwtural Engineer'
Electrical Engineer'
Conservator'
Photographer (for documentation of oompletadwcrk)`
i7thyr'
MATERIALS
(Please attach a complete Iht at materials. Itemize all anticixrted aspects arxf
campanents wish par unit cost estimAtes;
Materials' Total
Cost Increasea4: Projected In~rease in Cost Materials 12 Months In Future
FABRICATI{}N COSTS
(Imlude And itemize All portianA d subccr�trawtedwark And woik tc be completed ty
Artist.)
Artist's Labor (__ boom at $_ par Ixrur) Total
Subcontracted Labor' (Total)
FacillryfEquipment Rental (tamed excluskretyfarthis project) related to fabrication
Est Increases?: Projected increase in Cast Fabrication 12 Months In Future
SITE RRERARATI(iN
iDa net Ir�Lido costa covered by PWPA, City of Fort Worth or others)
Test Drillir�'
Rem�vaP
Lar7dscapingf hr�athn•
Elactrieel Modifications'
23
Water WarWMechanical DevF:es
Other'
CtAt Increases?: Projected Increase In Cast £vte Preparation 12 Months In Future
Materfeisto Fabrbation SIW'
Finished Work to Installation SiW
Other'
Oust iwreases?: Projected Increase in Cost Transportation 12 Months In Future
6ASErMOUNTiNG
Eiase
Mounting Devices and Components
Foundathn'Footing
Other
Cut Increases?: Projected Increase in Cost MountingTooiing 12 Months In Future
INSTALLATION COSTS
(Cuts must Inaluda alluxeme for attar haurs installed n, if aplslha111e. Please etiech a
�mplete list of eqjipment end Individual estimateswlth this form)
LIGHTING
Sii>:cntracled Lahnr'
Scetfddhrg`
Equipment Rental related to Installation'
Off -duty PolicerSecurite
Traffic Barriers'
Storage Facility Rental'
city Permits
Display Devices
Fireproof IV
Site Restoration'
Other'
Cut Inctease,0: Projected Inctea,s&e in Cut Installation 12 Months In Future
Des�ners'
FiXtUrafi`
Bulbs'
Site Preparation'
Installation'
at Inoveases?: Projected Inctease In Cost Lighting 12 Months In Future
GRANti TOTAL(Inelta6ln�{ prolectea cost increase, if arty}
please make any necessary noise tiara.
Preparetl By;
r
24
Exhibit C: Sales Tax Exemption
���>,s CER'TIFICA7'E c�L' a�n, P7�Ic.�ty
I cliim att exemption iom paytncrzi of saps attd ttse itutes for tho purahse of taxablo
Pis described below or on the attached mdet of inovice
L)arx:t>ri>tiizn of i#czzas (ot atz ainclred order or invoice} "]"u lie l'tuchzzsed:
Ail Ltetrtr;
I eluirn this exemption for the #�tlrswitzg teasc�n;
Name of'cxempt organi7.atisrn;
Ssilcs and Use'Ta+t Pettttlt \ttutherr 1-J5-G(k0[iS28-G
Project far wlticlx maic�ials and y{upplies are puieizased:
L understutui Efiut I w%Jl trr lal�lc fnr payxrteui of sales #ax, tvhiclz naoy becotue due for
failtue trz uoti4V 'T with the prnvisiV ttf. the s#a#e, ri#y, attdttzt tnc#topctlitrttt iratisit
atttltotity sales and use tax lairs and comptroller titles tegatding exempt purcluses
ability for the tax will be determined by the price paid for the taxublc items putcbmcd
trr the fait market tental valna for the period of time uses]_
l utedets11zttt that it is a rillSdetiieftlittt to givri an exemption certificate to #lie seller for
taxable itemsi �°Filch l: Tstzcav�, i the time of tht� purclr�sc, will Fre uscxl in a tuanncr nthcr
than that expensed in this ccttii%lc arc: and, upou conviction, may be fined up to $504) per
offiense
adirmero City of Foit Worth
x
luxcrn�t Status T7€tc
to Llcitlg ;t
Qovuttznlet±ial
Entity
City, State, Zit+ Code;
Sigz Het e.
I}sic; rail+ 71;��11a
�8i7�7Z-$325
't�1t1.9 Ctttl ilia#C+ dtbas ttt3i
CeCltrtts a
ttttmlter tU be r'aJld_
StllCS and it9e taX. "cxcttzpttt7tl
number
�" or "tax excpY'
nuntbcrs
�jts not oxist.
ilri� ccttifica#c should be tttztisltcd tc� #ho attpplier FJrY not send the complrlctl ccrtilzcafe
tea the• C, omphollcr of Public Ace nt3.
25
M&C Review
Page 1 of 3
CITY COUNCIL AGENDA
DATE
CODE
SUBJECT:
10/27/2009 REFERENCE **C-23870 LOG NAME:
NO..
Official site of the City of Fort Worth, Texas
FURT�WORTH
20FWr- MASTER PLAN
E. LANCASTER
C TYPE. CONSENT PUBLIC NO
HEARING:
Authorize Execution of Design Team Agreement with Jack Mackie for a Public Art Master
Plan for East Lancaster Avenue and Conceptual Designs for Dallas Avenue and Sargent
Street for a Total Amount Not to Exceed $30,000.00
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a Design Team Agreement
with Jack Mackie for a Public Art Master Plan for East Lancaster Avenue and Conceptual Designs for
Dallas Avenue and Sargent Street for a total amount not to exceed $30,000.00. 11
DISCUSSION:
This contract with artist Jack Mackie ("Artist") will result in a Public Art Master Plan for East Lancaster
Avenue ("Master Plan"), as well as conceptual designs for art at Dallas Avenue and Sargent Street, which
are two locations along East Lancaster Avenue for which funding is currently available to implement public
art projects.
:: . rl:Zi11L97
The Fort Worth Art Commission has approved an approach for a Master Plan that considers the whole of
the East Lancaster corridor, seeking to stitch various sites together so public art projects, both current and
future, relate to one another conceptually or visually while reflecting the unique qualities of the
neighborhoods in which they reside.
The Master Plan shall identify locations and types of public art that may be implemented over time along
the East Lancaster corridor and shall also include specific concepts for implementation at Sargent Street
and Dallas Avenue.
East Lancaster Avenue extends from I-35W, just east of downtown Fort Worth, out to I-820 (Loop 820) and
beyond to the Historic Handley Village. The corridor features mid-20th Century commercial architecture and
some wide, grassy medians with large oak trees. Some nodes that the Master Plan shall address include
but are not limited to:
1. Near Eastside Village (artist selected via a separate process)
2. City of Fort Worth Crime Lab (renovation of a former department store; artist to be selected via
a separate process; future funding)
3. Sargent Street at East Lancaster (near a bus transfer station; funded now)
4. Oakland Corners Village (future funding)
5. Dallas Avenue at East Lancaster (funded now)
6. Historic Handley Village (future funding)
On April 14, 2008, the Fort Worth Art Commission approved the project outline for the Master Plan and on
June 16, 2008 approved revisions to the project outline to allow separation of the Near East Side Urban
Village from the Master Plan.
Fort Worth Public Art (FWPA) issued an invitational Request for Qualifications (RFQ) for the Master Plan.
On September 15, 2008, a selection panel chaired by Council Member Kathleen Hicks reviewed the
qualifications of the artists who responded to the RFQ and recommended three finalists for the project: Vicki
Scuri, Jack Mackie and Sheila Ghidini, with the artist team of Benito Huerta and Celia Munoz as the
alternate.
On January 14, 2009, a selection panel chaired by Council Member Kathleen Hicks interviewed all three
http://www.fortworthgov.org/council�acket/mc review.asp?ID=12436&councildate=l0... 10/26/2009
M&C Review
Page 2 of 3
finalists. After discussion and consideration, the review panel recommended Jack Mackie as the artist for
the project.
REVIEW PANEL
Selection Panel (Voting):
Chair and Council Member Kathleen Hicks, Council Member, District 8
Frank Moss, Council Member, District 5
Don Young, Arts Professional
Jane Fazi, Community Representative
Wanda Conlin, Community Representative
Anthony Burks, Community Representative
Eduardo Aguilar, Art Commissioner
Advisors (Non -voting):
Curvie Hawkins, Fort Worth Transportation Authority, The "T"
Patrina Newton, Planning and Development Department, City of Fort Worth
Paul Roach, CP& Y, Urban Village Project Consultants, City of Fort Worth
On January 15th, 2009, the Fort Worth Art Commission reviewed the panel's recommendation and made a
formal recommendation to City Council to engage artist Jack Mackie for the Master Plan.
Under the contract, the Artist shall shape, direct and oversee the process of envisioning public art along
East Lancaster Avenue and shall work collaboratively with local artists, community representatives,
consultants and FWPA and city staff, as required.
In addition, the Artist shall develop a conceptual design for art at Dallas Avenue and Sargent Street, which
are two locations along East Lancaster Avenue. The Fort Worth Art Commission has recommended an
additional $90,000.00 for implementation of public art/design enhancements for Dallas Avenue and Sargent
Street, per the Long Range Public Art Plan for the 2004 CIP, which City Council adopted on May 17, 2005,
M&C &14801.
This project was included in the FWPA program's Fiscal Year 2010 Annual Work Plan, adopted by City
Council on October 6, 2009, (M&C G-167251 as a part of the City's agreement with the Arts Council of Fort
Worth and Tarrant County, Inc., for administration of the FWPA Program.
M/WBE -The City's overall M/V1/BE goal for the FWPA program is 25 percent of total capital project dollars
expended on public art annually.
This project is located in COUNCIL DISTRICTS 5 and 8.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital budgets,
as appropriated, of the Specially Funded Capital Projects Fund and the Street Improvement Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
C291
531200
208980140530
C200
531200
208980140530
Fernando Costa (6122)
�Iliam Verkest (7801)
Martha Peters (289-3025)
$20, 000.00
$10, 000.00
http://www.fortworthgov.org/council�acket/mc review.asp?ID=12436&councildate=l0... 10/26/2009
M&C Review Page 3 of 3
ATTACHMENTS
http://www.fortworthgov.org/council�acket/mc review.asp?ID=12436&councildate=l0... 10/26/2009