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HomeMy WebLinkAboutContract 45792 (2)CITY SECRETARY CONTRACT NO. � �VlZ.. SITE PREPARATION FOR ARTWORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE FAIN GROUP, INC. This Agreement is entered into by and between the City of Fort Worth, a Texas home -rule municipal corporation, acting by and through Fernando Costa, its duly authorized Assistant City Manager ("City"), and the Fain Group, Inc. ("Contractor"). The City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, City has acquired the Tabachin Ribbon ("Artwork"), to be installed at the Public Safety Plaza located in downtown Fort Worth ; and WHEREAS, City has set aside funds to implement site work at the Plaza, including construction of an engineered footing for the Artwork and installation of lighting and restoration of the plaza paving ("Site Preparation") from the Public Art Fund (Specially Funded Capital Projects Fund) included in the Fiscal Year 2014 Annual Work Plan and Budget, adopted by the Fort Worth City Council on November 12, 2013 (M&C C-26557); and WHEREAS, City -has engaged Unified Fine Arts Services, L.L.C. ("Installation Contractor") to transport and install the Artwork on the prepared site/footing; and WHEREAS, the Contractor was contracted by City (City Secretary Number 40241) to perform certain construction services on Hyde Park Transit Plaza and the Public Safety Plaza and has knowledge of location and construction of existing infrastructure on the Plaza including, but not limited to, the Public Safety Building basement and various utilities; and WHEREAS, City desires to engage Contractor to perform Site Preparation at the Site to allow Installation Contractor to complete its installation; and WHEREAS, City and Contractor wish to set out the terms and conditions under which said Site Preparation shall be completed; Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. RECEIVED JUL k&4Q1SIALRECL; CITY sEcREThtr tWORTH,tZ imm Ell I tat) Page 1 of 37 NOW, THEREFORE, City and Contractor, for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 DEFINITIONS If not defined above, the following terms shall have the meanings as set forth below: 1.1. Agreement — Means and includes this Agreement between the City of Fort Worth and the Fain Group, Inc for Site Preparation services for placement/installation of the Artwork by the Installation Contractor. 1.2. Artwork — Means the artwork titled Tabachin Ribbon, which is a bright yellow, 13 foot diameter painted metal sculpture by Yvonne Domenge, more particularly described in Exhibit "A," attached hereto and incorporated herein by reference for all purposes. 1.3. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., and/or its officers, directors, employees, agents, subsidiary organizations, parent organization, successor corporations, assigns, predecessors, stockholders, administrators, and related companies. 1.4. City — Means and includes the City of Fort Worth, Texas and its officers, representatives, agents, servants, and employees. 1.5. Deliverables — Means and includes those items set forth in Article 2 of this Agreement that Contractor is required to construct to prepare the Site for installation of the Artwork. 1.6 Days — Means and includes that all days identified in this Agreement shall mean "Calendar Days." 1.7. Effective Date — Means and includes the date this Agreement is executed by the City Manager or designee. 1.8. Final Acceptance - Means City's written acknowledgement to Contractor that all services required of the Contractor have been completed in conformity with the terms of this Agreement. 1.9. Installation Contractor — Means and includes Unified Fine Art Services, Inc and/or partners, members, managing members, officers, managers, proprietors, directors, employees, representatives, Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 2 of 37 agents, subsidiary organizations, parent organizations, successor entities, assigns, predecessors, stockholders. administrators, subartists, contractors, and related companies. 1.10. Site Preparation Design — Means and includes stamped engineered drawings of the footings, lighting specifications and installation documents and plaza paving restoration documents detailing the necessary alterations to the Artwork, the Site plan, and any other documents required by City for proper installation of the Artwork at the Site. Exhibits "B" and "C" reflect the design engineer's intent. 1.11. Parties — Means and includes City and Contractor. 1.12. Project — Means and includes the design and construction work that is the subject of this Agreement and is to be performed on the site. 1.13. Schedule - Means and includes a written plan of procedure for completion of site preparation for the Artwork, including, but not limited to, the submission of progress reports. 1.14. Site — Means and includes the Public Safety Plaza, located at 1000 Throckmorton and adjacent to Hyde Park and the City's Municipal Building in Fort Worth, Texas, which is more particularly described on Exhibit "D," attached hereto and incorporated herein by reference for all purposes. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Scone of Services. a. Contractor shall perform all services and will furnish all supplies, materials, and equipment in accordance with the Contractor's Proposal dated February 27, 2014, and subsequently amended on July 11, 2014 at the City's request, which is attached herteto as Exhibit "E" and incorporated herein for all purposes and which shall include, but not be limited to, all labor, materials, travel, services, and any other items required to complete the services for this Project. All services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Contractor shall furnish the Site Preparation Design and the Project's Baseline Schedule to the Contract Manager within thirty (30) calendar days after the Effective Date. After written Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 3 of 37 approval of the Site Preparation Design and the Schedule by City, Contractor shall commence the Project in accordance with such Schedule. Prior to commencing any work, the contractor shall examine the actual Artwork to ensure that the proposed footing and lighting locations and designs can be achieved in the field. Schedule changes may only be accomplished by written agreement between Contractor and City. i. Contractor shall review and incorporate the City's proposed Footing and Lighting Design(s) (Exhibits B&C) into the Site Preparation Design. Contractor shall notify the Contract Manager, in writing, for further review and approval, if changes are proposed in the scope, design, size, or material of the Footing and/or Lighting Designs. The City shall review and approve any changes to the Footing and Lighting Design. If any disputes arise thereafter, the Parties shall first attempt to resolve those disputes in accordance with the dispute resolution process set forth in Article 10 of this Agreement. ii. Contractor shall not be responsible for the actual installation of the Artwork, however, the Contractor shall coordinate with the Installation Contractor to determine correct installation points and fittings for the sculpture in advance of the Site Preparation Design and implementation of the footing and include those specifications in Site Preparation Design for the City's review and approval. c. Contractor, upon request of Contract Manager, shall attend meetings with appropriate City staff and Installation Contractor for purposes of risk assessment, safety review, coordination of site preparation for the Artwork, and permitting. The coordination meetings shall be subsidiary to the project. d. Contractor is responsible for obtaining and paying for all necessary permits. e. Contractor shall commence the Project on dates and times mutually agreed upon by the Contractor and the City. f. City and/or Contract Manager shall have the right to review/inspect the Project during its implementation. Contractor shall provide a written monthly progress report detailing the progress Artwork Site Pieparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 4 of 37 made toward completion of the Project and the remainder of work to be done to complete the Project. g. Contractor, individually and through its subcontractors shall take all necessary precautions to protect and preserve the integrity and finish of abutting plaza paving at the Site. Contractor shall fully protect nearby utilities and any subsurface structures located in the Plaza area. If City determines, in its sole discretion, that Contractor or Contractor's subcontractors have damaged the Site, then City shall inform Contractor, in writing, of the damage. Contractor, at its own expense, shall have thirty (30) days from receipt of City's written notice to repair the damage to the Site to the satisfaction of City. If Contractor fails to repair the damages to the satisfaction of City within thirty (30) days after receipt of the notice, or within a deadline otherwise agreed to by the Parties, then City shall have the right to deduct the cost of repairs from any remaining payment due to Contractor under this Agreement, or seek repairs through the Contractor's bonding company, which shall be in addition to any and all other rights and remedies available to City at law or in equity. 2.2. City Assistance. Upon request by Artist, Contractor shall promptly furnish all information and materials required by Contractor to the extent that such materials are available. City, upon request by Contractor, shall also provide correct scaled drawings of the Site, if available. 2.3. Post -Construction Site Review. a. Upon completion of the Project, Contractor shall meet with the Contract Manager and City to review the Project at a date and time mutually agreed upon. b. City may require Contractor to make such revisions to the Project as necessary to comply with applicable statutes, ordinances, codes, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security or as the City deems necessary in its sole discretion. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 5 of 37 2.4 Artwork Delivery and Installation. a Contractor will be available on the day of Installation to assist Installation Contractor should installation points and fittings require adjustments. b. Installation Contractor shall be responsible for all costs associated with the delivery and installation of the Artwork to the Site. Contractor shall not be responsible for costs associated with the installation of the Artwork, except as may be necessary to adjust the site fitting points to accommodate the final placement of the Artwork 2.5 Project Post -installation. a. Within thirty (30) calendar days after the installation of the Project, Contractor shall furnish City with comprehensive as -built drawings detailing all elements of the finished Project. b. Contractor shall furnish City with high -resolution digital images (.tiff founat) showing the Project, including detail shots of the back of all of the footings before and after installation. 2.6 Final Acceptance. a. Contractor shall notify City and Contract Manager, in writing, when all services required have been completed in conformance with the Site Preparation Plan and intent of the project. Included in such notice from Contractor shall be an affidavit, attached hereto as Exhibit "F" (Affidavit of Bills Paid), certifying that all bills relating to services or supplies used in the performance of this Agreement have been paid. b. A final inspection shall be conducted by the City and any outstanding items requiring the Contractor's attention shall be noted in a written punch list. The Contractor shall have ten (10) calendar days to correct deficient or missing work elements. c. City shall notify Contractor, in writing, of its Final Acceptance of the Project. d. Final Acceptance shall be effective as of the earlier to occur of (1) the date of City's notification of Final Acceptance; or, (2) the 35th day after Contractor has sent the written notice to City required under Article 2.6.a. unless City, upon receipt of such notice and prior to the expiration of Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 6 of 37 the 35-day period, gives Contractor written notice specifying and describing anything that has not been completed pursuant to this Agreement. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE FOR SERVICES PROVIDED TO CITY 3.1. Compensation. City shall pay Contractor THIRTY FIVE THOUSAND EIGHT HUNDRED AND EIGHTY FIVE DOLLARS AND NO CENTS ($35,885.00) or all costs associated with the services to be performed and materials to be furnished by Contractor under this Agreement, including, but not limited to, materials, labor, construction, insurance, incidental costs, and any other costs associated with this Agreement. City will pay Contractor the above referenced amount within thirty-five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of supplies and services rendered to Contractor (see Article 2.6). Payment by the City shall represent full and final, non- refundable payment for all services and material provided prior to the due date thereof. 3.2. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. City shall supply Contractor with the "Texas Certificate of Exemption," attached hereto and made apart hereof for all purposes as Exhibit "G" for use by Contractor in the fulfillment of this Agreement. 3.3. Contractor's Expenses. Contractor 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 City and/or Contract Manager, cost of all travel, and costs for Contractor's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TIME OF PERFORMANCE 4.1. Term. Artwork Site Pieparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 7 of 37 This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Contractor by City. 4.2. Duration. The services to be required of Contractor set forth in this Agreement shall be completed in sixty (60) calendar days in accordance with the Schedule; provided, however, such time limits may be extended or otherwise modified by written agreement between Contractor and City. 4.3. Time Extensions; Force Majeure. City or Contractor, as appropriate, shall grant a reasonable extension of time to the other party if conditions beyond the parties' control or Acts of God, flood, riot, civil insurrection, labor strikes, or orders of local or federal government render timely performance of the parties' services impossible or unexpectedly burdensome The party suffering the burdensome conditions must inform the other in writing within ten (10) business days of the onset of such performance delay, specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control shall not be considered a breach of this Agreement; provided, however, that such obligations shall be suspended only for the duration of such conditions. ARTICLE 5 WARRANTIES 5.1 Warranties of Quality and Condition a. Contractor represents and warrants that all work will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including, but not limited to, any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the Artwork) for one year after the date of Final Acceptance. b. If, within one year after Final Acceptance, City observes any breach of warranty that is curable by Contractor, City shall give written notice to Contractor of such breach with reasonable promptness. Contractor shall, at the request of City, cure the breach Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 8 of 37 satisfactorily and consistent with professional construction standards, including, but not limited to, any standards set forth by City, within thirty (30) days after receipt of the written notice, at no expense to City. c. If, within one year after Final Acceptance, City observes any breach of warranty that is not curable by Contractor, Contractor is responsible for reimbursing City for damages, expenses, and losses incurred by City as a result of the breach. However, if Contractor disclosed the risk of this breach in writing and City accepted that it may occur, it shall not be deemed a breach for purposes of this Article. 5.2 Survival of Representations and Warranties The representations and warranties in this Article 5 shall survive the termination or other extinction of this Agreement. ARTICLE 6 INSURANCE AND INDEMNITY 6.1. General. Contractor shall carry insurance as set forth in Exhibit "H," which is attached hereto and incorporated herein for all purposes. Evidence of required insurance shall be submitted to the Contract Manager prior to beginning work at the Site. Evidence of subsequent renewals of said insurance is required until City has issued Contractor a notice of Final Acceptance after installation and completion of the site preparation. 6.2. Performance Bonds. Contractor shall post a performance bond. See Exhibit "I" for the Performance Bond document. 6.3 Indemnity. a. General Indemnity i. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 9 of 37 ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE NEGLIGENT ACT, ERROR, OR OMMISSION OF CONTRACTOR AND/OR CONTRACTOR'S SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. ii. Contractor agrees to and shall release City of and from any and all claims, demands, debts, liens, costs, defects, expenses, actions, and causes of action of whatsoever kind or character arising out of, related to, or resulting from this Agreement and/or Contractor's performance under this Agreement, including, but not limited to, any and all claims for property damage, property loss, and/or injury, including, but not limited, to death. iii. Contractor 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. b. Survival All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 10 of 37 ARTICLE 7 CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Contractor 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 City and Contractor, its officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between City and Contractor. ARTICLE 8 SUBCONTRACTING Contractor may subcontract portions of the services to be provided hereunder at Contractor's expense, provided that said subcontracting shall not adversely affect the design, appearance, or quality of the site preparation or Site. Any subcontract entered into under this Agreement shall be expressly subject to the applicable terms of this Agreement, including, but not limited to, all indemnification and release provisions. Contractor shall provide information regarding all subcontractors to the Contract Manager. ARTICLE 9 TERMINATION 9.1 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, specifying the grounds for termination. b. If the termination is for the convenience of City, City shall pay Contractor for services actually rendered up to the effective date of termination and Contractor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. 9.2. Termination for Cause. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 11 of 37 If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes in accordance with the dispute resolution process set forth in Article 10 of this Agreement. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written "Notice of Termination" specifying the grounds for termination. Termination of this Agreement 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. ARTICLE 10 DISPUTE RESOLUTION If either Contractor or City has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the patty's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of, or in connection with this Agreement. If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute, then the Parties may submit the matter to non -binding mediation upon written consent of the authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code, then in effect. Request for mediation shall be in writing, and shall request that the mediation commence not less than fifteen (15) or more than forty-five (45) calendar days following the date of request, except upon Agreement of the Parties In the event City and Contractor are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar days following the date of the request for mediation, then all the Artwork Site Pieparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 12 of 37 conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. ARTICLE 11 EOUAL OPPORTUNITY a. Contractor shall not discriminate against any employee or applicant for employment because of age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Contractor shall take affirmative action to ensure that employees are treated equally during employment, without regard to their age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. 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, but not limited to, apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by City setting forth the provision of this nondiscrimination clause. b. Contractor shall, in all solicitation or advertisements for employment placed on or on behalf of Contractor pursuant to this Agreement, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 13 of 37 c. Contractor 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 Contractor noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part. ARTICLE 12 MISCELLANEOUS 12.1. Compliance. Contractor shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the performance of Contractor's services under this Agreement. 12.2. 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. 12.3. 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 City. 12.4. Waiver. No waiver of perforrance 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. 12.5. 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 Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 14 of 37 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. 12.6. 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 City and Contractor and its respective successors and permitted assigns 12.7. No Third -Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Contractor, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 12.8 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. 12.9. 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. 12.10. Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to or rescinds appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by City to Artist of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 12.11. Captions Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 15 of 37 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 12.12. Right to Audit. Contractor agrees that City will have the right to audit the financial and business records of Contractor at any time during the Tenn of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Tenn of this Agreement and for three (3) years thereafter, Contractor shall make all Records available to City at 1000 Throckrnorton Street, Fort Worth, Texas or at another location acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. Notwithstanding anything to the contrary herein, this Article 12.14 shall survive expiration or earlier termination of this Agreement. 12.13 Survival Provision The provisions contained in Articles 5 (Warranties), 6(Indemnity provision), and 7 (Contractor as Independent Contractor) shall survive the termination or expiration of this Agreement. 12.14 Public Information Act Contractor understands and acknowledges that City is a public entity under the laws of the State of Texas and, as such, all documents held by City are subject to disclosure under Chapter 552 of the Texas Government Code. If City is required to disclose any documents that may reveal any of Contractor's Proprietary Information to third parties under the Texas Government Code, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, City will notify Contractor prior to disclosure of such documents, and give Contractor the opportunity to submit reasons for objections to disclosure. City agrees to restrict access to Contractor's information to those persons within its organization who have a need to know for purposes of management of this Agreement. City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. City will use its best efforts to secure and protect Contractor's information in the same manner and to the same degree it protects its own proprietary information; however, City does not guarantee that any information deemed proprietary by Contractor Artwork Site Pi eparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 16 of 37 will be protected from public disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of three (3) years after the expiration of this Agreement. 12.15. Counterparts and Electronic Signatures This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Asignature received via facsitnile or electronically via email shall be as legally binding for all purposes as an original signature. 12.16. Time Extensions • The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. ARTICLE 13 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Fernando Costa, Assistant City Manager City Manager s Office City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 Copies to: Sarah Fullenwider, City Attorney Office of the City Attorney City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 Martha Peters, Vice President, Public Art Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, Texas 76107 2. Contractor The Fain Group, Inc. 1616 N Sylvania Ave Fort Worth, 76111 Fort Worth, Texas ZIP Artwork Site Pieparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 17 of 37 IN WITNESS WHEREOF, the Parties hereto have each executed this Agreement as to be effective as of the date subscribed by the City Manager or designee. CITY OF FORT WORTH `'"7-se-a-sma.noh Cdess•-• by: Fernando Costa Assistant City Manager Date: APPROVED AS TO FORM AND LEGALITY: Doug Black Assistant City Attorney ATTESTED BY: Mary J. Kay City Secretary Contract Authorization: M&C # C-26776 Date: 5-6-14 CONTRACTOR Date: 19I IL\ 'Lte0Ora or OW ,,C) V• lib 8 IMOan0000Q�\j am\ Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. 0FPfiCI4L RECORD CITY SECIIETARY Ft WOR!ru, tX Page 18 of 37 Exhibit A: The Artwork Tabachin Ribbon, Yvonne Domenge Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 19 of 37 GONT EMEED - 1."2k8•:ro'-6 O.D. W/ 44 Li 178A o 122` O.G. (6A4.vi M4DWL•lee Oa. AROUND PERIMETER OP PILA6TER Min UOi1AOT'3 • • O • SGJLPTURL• 13-0' DIA. WT a 5.000P GYGT. SGJLPTURE 13/4W PL ( Y OWNER) - '7!4C'-0't9 (P.VJ • I • TABAGHIN RIBBON FOUNDATION DETAIL SCALE: 3/4' a 1'-0• 143T OWVINTANIUA DAUlS, UP rcrcnrroti aeuc Ismo Ritt tum II)71724 1:114 lit gNOICT O 11:l476 nnmld.w PROJECT CUENT REF. Ali DONOR T! .°MALL Be B.007 PSI WITH V-5* SLUMP. 2. ALL GrbT-IWPLACE CONCAVE SMALL GOI.1PLY WRH MOTION 03 30 00 Cr -fre OITY OP PORT WORTH STANDAPD P.PEGPI„ATION. 1df M PMV1116 W,' »4 0 17 EA. WAY EPDXY INTO P.)UgT. PAV1116 - S� ARGM'L ?OR PINT H 4 COLOR G<tST. PAVM6 );1(//// THOMAS L SCOTT J A'•. 82756Cr L TAEAG 14 RI13E0149GJLPTUP2 CITY OP PORT WORTH DATE I oHEEr 03/04'14 55K-1 Artwork Footing Design (1/2) r 6A1l3714 448.10F14 4 tr J Q'a FOUNDATION PLAN W.A.G 9/4' = T-0' JASTERQUINTANIUADAWtS, UP u4WM71 411.sa11U onwn.,nrcmu 8113K11i gtibcaw wino* 212347E M�rrc� PROJECT CUENYT REF. REV. THOMAS L. SCOTT 9'•. 82756 : '404t t ti/ti hs !CrHS..woes/ TALAr4CHIN RI! ON 9GULPTUt�' CITY OP FORT WORTH DATE .+HEFT 06/CcV 14 ftK-2 Artwork Footing Design (2/2) OVERALL FOOTPRINT OF RIBBON SCULPTURE - 11' (TO BE VERIFIED) CENTERLINE OF RING OF LIGHT FIXTURES - 4" OUTSIDE OF SCULPTURE EDGE. RING OF (9) IN -GROUND LIGHT FIXTURES. THESE HAVE AN OVERALL DEPTH OF 14.5" (TYP.) (1) IN -GROUND FIXTURE AT CENTER. IS THIS POSSIBLE WITH MOUNTING PLATE? NOTE: EXACT PLACEM ENT OF FIXTURES AROUND TH F. PERIMETER TO BE COORDINATED WITH ORIENTATION or. RIBBON SCULPTURE. LOCATIOAS MUST COORDINATE WITH OF ENINGS IN THE SCULPTURE, NOT THE HEAVIER SOLID PORT!' )NS. FIXTURE HAVE A 15-D5G TILT, 360-DEG ROTATION, MID 30 TO 50-DEG BEAMSPREAD. FIXTURES ARE LED. PLEASE ADVISE WHERE DISTR BUTION PANEL SERVING THES E LIGHTS WILL BE AS WE WILL NEED TO INSTALL A WALLBOX D MMER AT THIS LOCATION TO CONTOL OUTPUT. cro eD Exhibit C: Artwork Lighting Design Fixture Specifications (1/2) CelqpiVonz Integral Driver CATALOG NUMBER LOGIC Example Material HP2 LED TR - 14P2 - LED - TR Blank - Alumrnum B - Brass Faceplate HP2 - flush OptiLock LED - 7C Module stnh Cold Fhcathc4 Tecl-n Housing TR - Integral co LED Type Optl.) x21 rig - 15WLED/2700K SP • Spcc(201 Finish Aluminum & Bran Faceplate: Pounder Coat Color Broree Black While (Goss) Aluminum Verde Sarin DIP BLP WHP SAP Wrinkk BZW BLW WHW 00y 14ramesaLor PROJECT:I TYPE CATALOG NUMBER; LAMP(SY. NOTES: x22 - SP - SAP - 10'11 - D15 - Stainless Reel x22 - I5WLED;3nu0K FL - Flocd(4n') Brass hotplates Machined MAC Pokdred Mrtigr et" POL MIT Stainkss Faceplate, taschlned Polished &ushed MAC POL e.. ..1vv ACCeSSOty5dect p to 2.Requars Accessory Hal et. 10 - Spread Lens 11 - Honeycomb Baffle Driver T,1,. Dt3 - 15W Driver to dmmry) x23 - 15WLEDNuQOy: I I 1YFL - Wide Flc.ta (601 ABP antqueBras Poudar AfY Atkin n trimmer Gramm AOW AntqueWhrte KM Dac I.Chrwne 8GF Bere PPP &axnPaura Powder CAP Ci°8(Ar Jsibl Pot 12 - Sat Focus Lets D15INC • 15W Dan mmg0river Nona? i,htrarkkka,eotpm>r Input Vol tag: 120 - 116 VAC Input fvusa Rah OI$Kerl)) Optic AH DG GS - Accessory Holder tkceariminfata n:MtSar - Dune Glass Lens is it; 47.nfa Oros W!OrPerrer Arad) Gare Shield' •Amsted ncepc.sf,aadr,t n_ Frith IsMath ft:plat P; DRIVER ELECTRICAL DATA TYPE D15 D15INC LM79 DATA BK No. 121 r22 23 AC INPUT Frequency RANGE Hz 124277 50160 120 50,60 CCT (TYR) 2700X 3000K 4000K CBI (Be- TYP) >30 ?SO >80 MT • 120-277 VAC Input HD • Half Dome* RG - Flock Guard' RO - Rod, Guard with Optical Cpenn9` DIMMING NO YES COMoPCanststenoy ±40K *SOK ±70K B-IC LIGHTING TIM CCCUAE41 CC&TA HS Ttif Beate INKFMATOR Cf eK D 4TUS,1M: AK/ RS AEB CC:CEPE T6FCCUCT rat CG: LOSUFf CA UM WrwMT SPEC ¥RRT04 AUM=4CAT C4(Cf POWER FACTOR* >090 >090 THD s2Ok s2OK Input Watts (Typ.} 15 15 15 MT - AH Premium Finish CMG Caxad.MouvainGrame CIO Cracker:Ike Cilia Cream HUG Burner Greor MOS tikra eDetart Sandstone IMP %runt erassPwder OCP CSd Ccppu 13 • Rectilinear Lens OPER. AMBIENT TEMPERATURE 3G' C — GO`C 30' C — GO'C HP2 HMG Pncla tA>urrarnGnnhe SOS Scnoran Dean Sardncne SMG Sierra MorntatnGmnte T»F Tenurial Forest WCP WeatheledCopper Wxt Waatha 1Iron Atsoaglat inFM Scan See sutmitgS(C 1e9—C1 TC - Traction Control Lens GPfbssHa G1PU DIMMER TYPE DIMMER RANGE Incandescent 141001, L70 DATA OPTICAL DATA MIMmum Rated L11e (Ms.) 7O% of Initial lumens (L?0) Beam Type 50,000 Rpm 50,000 Flood 50,000 Wide Flood 4042o Brkkymd Drive • Madera, CA 93636 • USA 559.438.5800 • FAX 559.486.5900 twnv.bvighting.com • ktoTCbklighting.com POSSE ..CM LGE:405 CCMhY ANY P01T5 TO RFWCCCCE, C4XLO:E ITS CO ;NtNG,FX G'.TPCTLYP:k2CC01 Angle 20' 40' 60' SUBMITTAL DATE DRAWING NUMBER 1-23-14 SUB-1129-00 ITS, CA TO 14442541IUFf, USE OP 'at ANY(2111Y. R NAP Artwork Site Pteparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 23 of 37 Exhibit C: Artwork Lighting Design Fixture Specifications (2/2) (Precision? SSTAYS r11Mt� VeWiri Y Velure ram e..IMr Integral Driver I SIDE VIEW I 1/2' (12mm)1 cc 14 1/2° (36Pdtm) 7° Dia. (178mm) 4 1/8° Dia. (103mm) TIEFOV 01(81 3/8° 7' f / el r...% 1_61Omm) AN —Mc —f 4` Dia. (102m m) SPECIFICATIONS GretaSource inkiativd' Metal and paclajng components are made from recycled materals. M3wfactued using renewable solar energy, produced onsite. Returnable to manuf3:turer at end of Ile to ensure crane-to-cralb handling. Pa:laging ccnta;ns no chlorofluorocarbons (CFCs). Use of ttus product may quality fx GreenSrwce elficacy and recycling ebate(s). Consult w.kiiightngrom/greensc irce for program equiemettts. Fide re lionslaag Ccrrr`•s on -flee composite, male frc4n high strength, them»krmai, t moiled polyester compound. Cass relaxes', flame letariant and UV stalx d. (2) b Atom entry, 3/4' NPT female conduit entri`s with Imo:tout plugs aid (4) side flats for 112"or 3/4" conduit adariers. Patented Stability Flange Corrcosixn free <ompustie i1bbrge pro*cts into installation sub -state to renfejce housing stabi ty. Integral REBAR saddles simplify nstabten onto ccoorete form. (4) Orthogonal bosses permit use of 1/t PCV cc+5iuttorEtSlTtosimpdf torthalpositi:?narhileaeingofhousreg.Pre set se4tapping Kew; anchchousing at prop-elevakn. Aiming Dual ads OptilccI5 stainless neel awning backt nobles 3'i0' and (Divides titrikat aipstment up to IS' from nadir. Posarre lxka:elan ejnsuesopti;alonentatixt. BKSSL" hteg rated sold state system with 'X' te<hnolly is gabble for fold uppraie.IN:oluI3rdesign with electrical quickdisconnectspermitfold maintertarxe. 1M-89 ertifiai. Minimum WOO hour rated lkat70%cifinitial lumens (Ot-i. 1SS%techrookogy priories long lie, signitantelegy raiu:tkan and eccept Kiel thermal management. B 10" Dia. (254rnm) Patented Stability Flange Patented Hydro -Lode,"' Ranier Elate Assembly (ACV'M) i i 1 PROJECT: TYPE: l FACEPLATE CPC DETAIL T. 7 1/4' Dia (184m m) i BOTTOM VIEW I III Color Management Coreeteicold phosphorte`hnol:gydebtors near -perfect natural white light. long tarn pticephor maintenance oar pcduct lie (+- 5UK (CCT)). Exact color punt conformity exceeds AN9 08377 standard. Provdes unikrm beam with no (c4x hor' goer angle. tAcidule exceeds 3) C Ri (PA>80, R9: I6). Optic Interchangeable OPTKIT" modules permit field changes to opti:al distnbutixn. Installation Integnt ap-free aim kium concrete pour cedar (CPO, furnished in Bla:k finish, permits for died burial instalbticn m sod or concrete. Consult Dramsg� Installation Guile for h-Crate Futures (DIGIT) for compler,:e witthproper sod Reparation and dranage reguiements prior to in stall ion. Driver Assembly F:r use with (117C0knA, Gass A, constant currant dater. 114-D7VAC (nominal) primary input voltage SO/60Hz. >OSI) Power Fator, cl5.44 in -rush current, s20%THD (nomnalat 120/#C funk:Jai). Output cver- a:i4, can ercurent, and short cicuit protection with auto rec<riery. FCC47CFRPart ISCbssBcompkant. Dimming driver 6>r use with standard incandescent dimmers. 10.100% rage. Wiring 1Coaeectors Teflorf«eted wire, I8gautr9ge WV, 250'C rated and certified to UL 1659 standard. Feature; Optrlo<kaandgear tray qukkdisronnects.Pdentcd H7drolcrka pith anti -siphon vthee (ASV xirehay. (3) Water -Tight conneetors supplied for line connati n. btssimum (2))110 & (1) 1118. Minimum (I) t 12 S (1)! i3. K LIGHTING HP2 i i • h1° i (25mm) 2 1/8° (54mm) AIdinte ;anskdcitaiontntsubrraul ranomira1 Cons c1Tachri alAl•� d)Ourajn4morastfifty nt sraclrn um. Water Management Self Eta:uating Airtight Lam pf/k-Aule (S.EAII. IP-68 rated,vauum stead enclosure Patented Anti -Condensation Vane (4flelrmnates condensation from optical<hamter. High temperature sicone D' Ring at faceplate Patented Hwi&{ak°technokgy p :kic es fit safe water Ferrer tOween pnctbn box and interior components. Anti -siphon vatme (A9!°') potent; 'kicking` t h rough fond tick{ Mgr blKfil. Lens High heat, shnxk eastant, tempered I/4" bcroth:ate flat glass lens. Sutable for wak rand drveaer eppli:ations to35,r)w) lbs. Facepbte Soled, l/7' ma:hneil 6061T6 akiminum with (S) bb:k once, captue, stainless steal mountin•,j scn'•nrs. Faceplate optixis ineirde soul, I/2" machitied brass and solid,1/2"mxhined stainless steel Finkle StarGuatr, our exclrvie Rolls compliant, 15 stage chromate -free process dears and coni'ersion coals aluminum components Prix to applation of Class A' TGL polyester p>vrder «ahng. Brass components are amiable n p:wtler coat or handcrafted metal finish. Staitkass steel <<rnpxents ere a►ai;ble it har4cefei metal finis. (Brushed fnisb for intaix use only). Listings ER.Wed toANWUL Standard 1543 arxi Centred toCAN/CSA Standard C22.2No. 250. INS Rated. tk inthe USA. ilk FM. lighting Ieat ts R,nt;d.i`cJrSb•llwivbin'ufketA.Pi&/Cc4»n ?n 40429 Brickyard Drive • Madera, CA 93636 • USA 559.438.5800 • FAX 559.438,5900 MAY. bklighting _corn • infokikkligtting_corn SUBMITTAL DATE 1-8-14 DRAWING NUMBER SUB-1129-00 Pre:isc.n_'x'aniits (sat uresare <ove iinwhoieorinpana/US.Patenttbs.7,033,0.08;6,254,258B1;7249M-7B2;7,3K 933;7S53,Cta2;7,9:0148;and 7,699,489 Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 24 of 37 Exhibit C: Artwork Lighting Design Installation Specifications (1/4) Cer€Pi t1on2 I, -Sr „ :. • 4e >Qcamc Driver Installation Instructions A A\ Warning IlghVofage INSTRUCTIONS PERTAINING TO A RISK OF FIRE, OR INJURY TO PERSONS IMPORTANT SAFETY INSTRUCTIONS Lighted tamp IS H011 WA MUG - To reduce the rick of FIRE OR INJURY TO rERSONS Turn ofvunp;ug and arrow to cool before repbang lamp tamp gas 110Tgwcu,1 Contact ontym,ahiplug ashen turning on. Do not touch hot lens, guarde or alde.ure bee dngranY praise} Keep lamp array from rar8Nis that ray Cure. Do notouch the bmpat arty rim:. Use soft cloth Cal from sbn may da rage lamp. Do nor operate the IUMIreffe fitting earth a missing or damaged mrad. SAVE THESE INSTRUCTIONS Hot Surface !ATOM FOR INSTALLATION: ey Met HP2 SERIES Integral - Solid State LED 1/8°Allen Wrench Wire Connectors Level Phillips Screwdriver IMPORTANT SAFETY INFORMATION - READ, FOLLOW, AND SAVE ALL SAFETY AND INSTALLATION INSTRUCTIONS Prodin must be Instaled ty a quaNied person In a manner comment with as Intended use and n 0)rnril3n2 wth the National Electrical Code Canadian Electrical Code and all Local and Provin®ICodes. Iona product later infonatun and mmuarons. Qualdred Pe;onnd must perform al ternang or tarrying of this product. Mae power suppityand during servicing orre ampmg turn off power at fuse or mart breaker bane service The use of accessory equipment not recorrmmded ty the manufacturer orinstalfef Contrary to ediruoenS may Gale an unsafe mama The use of damaged components may once an unsafe condmon and void paodua warranty. • Do not block light emanating from product n whole or part. as this r y muse an unsafe and rime Ne.•a operate the amute *Rh missing or damaged lens. Lens must be anemia on regular bars. Ennre lmure trey become t oremety hot. Do nor touch hot lens a f0.'ture body. Do not loud) the Iampat any tune. Use a dean, dry. soft dont to handle the tarry QI from ;tin ray damage the tarry and awe a to nip/urn. • P.ept3fe lamp only earth correct wattage and type of boy marked on fixture label • All gaskets, o-nng; and sehng surfaces Host De Kept dean during installationand service; failure to do Thu may muse an unsafe mnddlon and void product warranty. • IMPORTANT LISTINGS AND CERTIFICATIONS • Suitable for wet bcatbns • Suitablefor recessed to ground locations • • • Access rn Holder Accessory TY Ring Patented Hydro -Lock' Plate Heat Sink and Opblocl;" Assembly Silicone tilled (wile nun gro Patented Stability flange Fatale Hcosing Sol! Prep A. Determne Soil Type by referencing DIG -IT Guide B. Dig hole l B" vide and 20` deep. C. Prep soli according to DIG -IT Guide .IulYelYI:IL'i!�`laid\�IkISeJ:1'u1:11NJkYaa:1�J���1��a1EI\:Ir1�2�1:f,�1�1.1?lalk�ll:I��:I�NILIIfFIL'{LlgllaJfR� B-K LIGHTING 40429 Brickyard Dine • Madera CA933 a • USA RFH FAGF DATE REFERENCE LIMBER «�ww.Uth )tin m • FAX nb@tkk ;ht coca 5-14-14 INS001129 THai ECCUtB( CCNTr NSEW:iRIETARY NF r4AIKW OF B-E WY.HTH3, INC AKD ITS PEON! CC OSFS'3_N ODES NOT [COAT ANY RGHTS TOPE4.'CAYF, LOCtO'E ITS CONTENTS, OR TO KCXUr.1CGUE, U:FCQ Cif PING IT MAY CCCteE tHEwcicW, CO: tOTIM C USE 1414:411 S RE K WSITTEN AUTH.QQ4TC4 Cf F-C WRING, W. G Sumer FCCE4CYei. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 25 of 37 Exhibit C: Artwork Lighting Design Installation Specifications (2/4) (Precision' Ic.S.S5L 4 • • ro'C.To tare. ea r of h[ Driver installation Instructions PROJECT: TYPE: HP2 SERIES Integral - Solid State LED Housing installation Slcla Flats Threaded Entry 1. Connect branch conduit connectors 0By Others) to the junction bctc using either the threaded conduit entries on the bottom of the junction box or through holes drilled into the sides of the junction bcac. Flush with finished grade I-, NAk 4. Raise housing on EMT so concrete pour cdlar is flush with finished grade. Use a level to aid in housing installation. 8. Per DIG -IT Guide. backlit) the gap between the bottom of housing and bottom of hole with sand for drainage. 2. Place housing in hole. Align junction box in the path of the conduit trench. S. When housing is level, tighten screws cn Stability Flange" to secure housing to EMT. Remove excess EMT as needed. For soil installation: FIII and tamp soil to the appropriate height leaving room for sod, pavers, etc. to be level with the top of the temporary cover. /j Soil Installation Is not drive -over rated. AP 3. Inset (4) pieces of r "EMT conduit through the Stability Flange'". Hammer into substrate until secure. Leave sufficient clearance to elevate housing to finished grade. 6. Connect the conduit to the conduit connecters. 7. Pull primary branch circuit wiring Into junction box. 10. For concrete lnstallattort Fill theholearound the fixture hwsing to 12a below the finished grade with clean fill dirt and tamp carefully to prevent settling of facture Pour conctete and finish as required flush with the top surface of the temporary covet. IMPORTANT SAFETY INFORMATION LISTED ON REVERSE READ, FOLLOW, AND SAVE ALL SAFETY AND INSTALLATION INSTRUCTIONS B-K LIGHTING 40129 Bnclyard aria • Mader. CA EG&36 • USA .`69.4a °a_i! • FAX FC8.438. W O annr.b l hting.com• Irlolibhtrghtrrg.com tem S167387 ETLLZTE° CO WOW TOAtiS'_ULSTANDARD I-113, CERTF1ED TO CSA STD C222 NO ihh7 CSA STD C222 Tr L rf-•S A RELEASE DATE 5-14-14 REFEREWE ill a'BER 1NS001129 Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 26 of 37 Exhibit C: Artwork Lighting Design Installation Specifications (3/4) Cr pisienp Driver Installation Instructions PROJECT: TYPE: 9. Attach OptiLcck' assen-bly to installed driver 10 For Optional Accessory Holder: Gently press assembly with quick disconnect Place OptiLo_k"' accessory holder downwards over optic on assembly in housing, resting the Optilock" cn OptiLoVd. the pins provided inside the hosing. 12 Remove any dirt of debris in bring groove near top cf housing Place 0-Ring inside of groove Failure to dean groove of debris will close fixture to fall and void product warranty. 13. Install faceplate using 1/8" Allen wrench and hand -tighten the faceplate screws in a star pattern to 30* lbs. mdn. © Do not we a power tool to Install screws. Do not exceed 40" lbs. HP2 SERIES Integral - Solid State LED I1. AIM fixture by adjusting Ophlock•' assembly with Philips screw driver. IMPORTANT SAFETY INFORMATION LISTED ON REVERSE READ, FOLLOW, AND SAVE ALL SAFETY AND INSTALLATION INSTRUCTIONS B-K LIGHTING 40429 Dockyard Drive • Madera. CA 93336 • USA `69.4335H70 • FAX 559.4a:45903 www.hldigttiry m • into@bldghtingoom ttoba 3167381 I RELEASE DATE REF EPENCE NUMBER 5-14-14 INS001 129 ETLLSft. CONFORMS TO ANSLULSWOARO 1114, cERTFIEa TO CSA STD C 22 NO25e1 GSA STD C22.2TR. 849A Artwork Site Pi eparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 27 of 37 Exhibit C: Artwork Lighting Design Installation Specifications (4/4) 7iecision wan. w�rrw ■wew.w ,yruEll`> \/Loe r o w411•111 w 1a Driver Installation Instructions PROJECT: TYPE: HP2 SERIES Integral - Solid State LED i i Installation 1. Renwve temporary cover. 3. Wipe insideof housing whereHydtctock" plate will sit clean of debris before inserting patented HydroLockw Pate on to )unction box. Align Hydrdodc" plate with pins in housing and seat itfirrrty in place. 6. Laver drive assembly into HP2 housing. 2 Make connections using silicone filled wire nuts (Provided) to leads on the bottom cif Patented Hydretock ' Barrie PlateAss€ntly. See wiring diagram. 4. Turn Hydretock'" Barrier Plate clockwise V4a to lock. Patented HydroLock" Bawler Plate must be completely seated to ensure proper seal or water may Intrude. This step must be done as stated or youwlll void your warranty. 7. Attach driver assembly to housing by aligning keyhole notch under one (1) of three (3) *8 screw heads. COM Grcwo WIRING DIAGRAM D c UNE COM Gretito 5. Connect driver assembly to Patented Hydrclock" Barrier plate with quick disconnect. 8 Tighten the Phillips screws to secure driver plate to housing. IMPORTANT SAFETY INFORMATION LISTED ON REVERSE READ, FOLLOW, AND SAVE ALL SAFETY AND INSTALLATION INSTRUCTIONS B-K LIGHTING 4042.9 Brickyard Drive • Madera CA 93E36 • t_SA 69.438000 • FAX 558.4a1 5903 vwwzv.bkJ htingcam • itio@bktighting.com ETL LISTED CONFORMS TO ANSliIL SiANDARD 1838, turn FE DTO CSA STD C222 NNO2503 CSA STD C22.2TiLD•58A 3i67387 RELEASE DATE REFERENCE NI 46ER 5-14-14 INS001129 Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 28 of 37 Exhibit D: Site Public Safety Building Plaza 1000 Throckrnorton, Fort Worth, Texas Adjacent to Hyde Park and the City's Municipal Building NOTE: Illustration shows location of Artwork and Public Safety Building Basement Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 29 of 37 FAIN QU O1 L TO Exhibit E: Proposal Jenny Conn Arts Council of Fort Worth Er Tarrant 1300 Gendy Street Fort Worth, TX 76103 07/11/2014 PROPOSAL JOB Tabachin Ribbon - Revision VI ITEM 5 10 15 20 23 25 Electrical Material 30 `ixture Price DESCRIPTION Demolition Plaza Paving Footing Electrical Labor Bore QUAN UNIT' 270.000 SF 270.000 SF 8.000 ICY 60.000 I Mil 30.000 1.000 10.000 LF LS UNIT PRICE $ 12.00 $ 10,50 $1,150.00 $ 80.00 $ 180.00 $ 400.00 EA $1,001.00 ENS' PRICE $3,240.00 $2,835.00 $9,200.00 $4,800.00 $5,400.00 $ 400.00 $10,010.00 TOTAL: $35,885.00 1. This proposal will comprise the remold.' of 3 panels of seeded concrete from the plaza area at 10th St. and Throckmorton St.. The installation of the footings for the TabacM'in Ribbon per the sketch of Jaster-Quintanilla dated 11 /11 /13 and the supplying and installing the light fixtures, and the replace,1: nt of the seeded colored panels to match the existing concrete. 2. This proposal does not include any sates tax. 3. The installation of the ribbon will be by others. 4. The lighting plan is based on 10 BK Lighting fixtures and the circuit will be tiad into the ground box at the adjacent tight pole. Page 1 of 1 Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 30 of 37 Exhibit F: Affidavit of Bills Paid AFFIDAVIT OF BILLS PAID Date: Affiant: Purchaser: Property: Affiant on oath swears that the following statement is true: Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials provided to Affiant for the construction of any and all improvements on the property Affiant is not indebted to any person, firm, or corporation by reason of any such construction There are no claims pending for personal injury and/or property damages. Affiant: SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the day of , 2014. Notary Public, State of Texas Print Name Commission Expires Artwork Site Pi eparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 31 of 37 Exhibit G: Sales Tax Exemption TEXAS C_1:IItTIFICATE OF FXE PTION 1 claim an exemption from patine it of sales and use taxes firs the purchase of t:txahlc item, described helots or on the attached order or int'oiet:. Det•criptiun of hems tor an attached order or Invoice) Be Purchased: t ciatrs this exemption liar the follcwvrne reasam: Name of Exempt Organization: CITY OF' FORT WORTH, TEXAS TEXAS SALES AND USE TAX PERMIT NUMBER 1-75-6000528-6 Protect for which materials and supplies are: purchased: l understand That I will be liable for payment of:sales tux. which may become due fiat- failure to comply with the provisions of the state. city. and:Or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the lax will he determined by IIw 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 for taxable items which I know. al the time of the purchase, will be used in u manner other than that expensed in this certificate and, upon eunviclion. may he finial up to S500 pet offense. Tax Exempt Status Due to Reins a Ciavernmcntat Entiri' Purchawr: CFI V OF FORT WORTH, TEXAS Street Address: 1000 TIIROCKAIOR'L'ON STREET Slate. Zip Code: FORT WORTH. TEXAS 76102 Sign Her- trnr;tt xiaan • 11.711 er4 i , t,` (L-ctra Date: June I 09 Phone: 81 certificate dut� not regime a nun,hcr to be t'alitl. Sales and u e tax "exeunt) it. i uinhcrs" or "tax exempt" numbers do not exist, 'this cernticure shuald he furnished to the supplit`I Di t riot send the completed it, elite to the Comptroller of Public Aeewms Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 32 of 37 Exhibit H: Insurance Requirements Contractor shall meet all the following insurance requirements for this Project. If Contractor subcontracts installation of the Work, then Contractor shall also require its subcontractor(s) to abide by all of the following insurance requirements. Commercial General Liability (CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, products/completed operations, personal injury and contractual liability Insurance shall be provided on an occurrence basis, and be as comprehensive as the current Insurance Services Office (ISO) policy. The policy shall name City as an additional insured. Automobile Liability $1,000,000 Each accident or $250,000 $500,000 $100,000 Bodily Injury per person Bodily Injury per occurrence Property Damage A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non -owned. For Contractor and/or Contractor's Subcontractors who have employees: Workers' Compensation Statutory limits Employer's liability $100,000 $100,000 $500,000 Each accident/occurrence Disease - per each employee Bodily Injury/Disease - policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Texas Labor Code, Chapter 406, as amended). GENERAL POLICY REQUIREMENTS The certificate of insurance shall include an endorsement naming the City of Fort Worth, its Officers, Employees and Volunteers as an "Additional Insured" on all liability policies. Exception: the additional insured requirement does not apply to Workers' Compensation or Automobile policies. Contractor is responsible for providing the City a thirty day (30) notice of cancellation or non -renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein. Waiver of rights of recovery (subrogation) in favor of City of Fort Worth. Artwork Site Pieparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 33 of 37 The insurers for all policies must be licensed/approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Unless otherwise stated, all required insurance shall be written on an "occurrence basis." The deductible or self -insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by City's Risk Manager. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 34 of 37 THE STATE OF TEXAS COUNTY OF TARRANT Exhibit I: Performance Bond PERFORMANCE BOND KNOW ALL BY THESE PRESENTS: That we, The Fain Group, Inc., known as "Principal" herein and , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Dollars ($ ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 6th day of May, 2014, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Site Preparation For Tabachin Ribbon Artwork Installation, <City Project Number > NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 35 of 37 Exhibit I: Performance Bond This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 20 ATTEST: PRINCIPAL: BY: Signature (Principal) Secretary Name and Title Witness as to Principal Address: SURETY: BY: Signature Name and Title Address: Witness as to Surety Telephone Number: Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 36 of 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different fiom its mailing address both must be provided. The date of the bond shall not be prior to the date the Contiact is awarded. Artwork Site Preparation Agreement Between the City of Fort Worth and The Fain Group, Inc. Page 37 of 37 M&C Review Page 1 of 2 UNCIL GENDA DATE: CODE: SUBJECT: 4/22/2014 C COUNCIL ACTION: Approved on 5/6/2014 Official site of the City of Fort Worth, Texas FORT WORTH CONTINUED FROM A PREVIOUS WEEK REFERENCE NO.: TYPE: C-26776 NON - CONSENT LOG NAME: PUBLIC HEARING: 20TABACHIN RIBBON - MULTIPLE AGREEMENTS NO Authorize Execution of an Amendment to City Secretary Contract No. 43743, an Agreement with Unified Fine Arts Services, LLC, for Transportation Storage Delivery, and Installation of Tabachin Ribbon, in an Amount of $14,663.50 for a Total Revised Contract Amount Not to Exceed $44,663.50, Authorize Execution of an Agreement with the The Fain Group, Inc., to Oversee Site Preparation for Tabachin Ribbon in an Amount Up to $41,624.70 and Provide for City Inspection Costs and Contingencies in an Amount of $8,628.80 for a Total Project Cost in the Amount of $137 448.32 (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an amendment to City Secretary Contract Number 43743, an Agreement with Unified Fine Arts Services, LLC for transportation, storage, delivery, and installation of Tabachin Ribbon, for a total contract amount not to exceed $44,663.50 and 2. Authorize execution of an Agreement with The Fain Group, Inc., oversee site preparation for Tabachin Ribbon in an amount up to $41,624 70. DISCUSSION: Approval of this Mayor and Council Communication authorizes an additional amount of up to $34,917.00 from the Public Art Fund (Specially Funded Capital Projects Fund) to fund unanticipated costs, including extended storage of the Artwork and site work necessary for installation, lighting, city inspection and contingency as recommended by the Fort Worth Art Commission on February 17, 2014 upon approval of the site design (attached.) _ ITEM PENDING M&C PREVIOUS M&C's TOTAL U nified Fine Art $14,663.50 $30,000.00 $44,663.50 S ervices, LLC Transit, Storage and Installation The Fain Group, Inc. $11,624.70 $30,000.00 $41,624.70 Site Preparation, (G-17701) Footing Lighting City Inspection, $ 8,628.80 $ 8,628.80 Contingency Michael van Enter $36,700.00 $36.700.00 (G-17701) Paint Renovation (G-26284) U nified Fine Art $5,831.32 Services, LLC $ 5,831.32 http://apps.cfwnet.org/council_packethnc review.asp?ID=19578&councildate=5/6/2014 5/13/2014 M&C Review Page 2 of 2 Transportation to (No M&C Required) paint renovation site TOTALS $34,917.00 $102,531.32 $137,48832 On October 9, 2012, (M&C G-17701) the City Council authorized acceptance of an artwork donation from artist Yvonne Domenge of a sculpture valued at $150 000.00 for inclusion into the Fort Worth Public Art Collection and for placement at the Fort Worth Municipal Plaza, 1000 Throckmorton Street, and authorized execution of necessary and related Agreements for transportation storage, installation, and lighting for a total amount not to exceed $60,000.00. Tabachin Ribbon is a bright yellow, 13 foot diameter painted metal sculpture, one of six sculptures commissioned for temporary exhibition in the City yf Chicago's Millennium Park in 2010 and donated to U.S. cities with significant collections of modern and contemporary art. Funding partners CONACULTA (the National Council for the Arts and Culture, Mexico), the Boeing Company, and Millennium Park, Inc , made the donation possible. Site presentations were approved by Downtown Fort Worth, Inc. (August 18, 2012), the Downtown Design Review Board (July 23, 2012) and the Historic and Cultural Landmarks Commission August 13, 2012). Renovation to the sculpture's paint system is being accomplished through a conservation Agreement with Michael van Enter authorized by Council on June 8, 2013 (M&C C-26284) and funded through the FWPA Capital Conservation Fund. This project is a City-wide project located in COUNCIL DISTRICT 9, Mapsco 77A, and supports the urban design element of 2014 Comprehensive Plan. 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 Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C291 541200 201980199580 $38.000.00 Submitted for Citv Manaaer's Office bv: Fernando Costa (6122) Oriainatina Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Martha Peters (298-3025) ATTACHMENTS Site Overlay pdf Structure.pdf http://apps.cfwnet.org/council_packet/mc_review.asp7ID=19578&councildate-5/6/2014 5/13/2014