HomeMy WebLinkAboutContract 44306 (2)( r 5FiCN.1ffLNY�y I T I
130
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND NED KAHN d/b/a NED KAHN STUDIOS FOR FINAL DESIGN OF
PUBLIC ART FOR MODERN ROUNDABOUT IN TRINITY UPTOWN
r
This Agreement is entered into this - 0 day of in tDt , 2013, by and between the City of
Fort Worth, a home -rule municipal corporation of the State of Texas, acting by and through Fernando Costa,
its duly authorized Assistant City Manager, and Ned Kahn d/b/a NED KAHN STUDIOS, located at 10299
Moonshine Road, Sebastopol, California, 95472. 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, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Prograrn's goals are to create an enhanced visual environment for Fort
Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of
artists into the development of the City's capital infrastructure improvements, and to promote tourism and
economic vitality in the City through the artistic design of public spaces;
WHEREAS, City has designed, and Texas Department of Transportation is building, a new
Henderson Street Bridge and a new White Settlement Street bridge over a future bypass channel to connect
to the Trinity Uptown and the project includes a modern roundabout at the intersection of the two streets;
WHEREAS, funding for this project was included in the Public Art Plan for the 2004 Capital
Improvement Program, adopted by the Fort Worth City Council on May 17, 2005 (M&C G-14801) and the
Public Art Plan for the 2008 CIP, adopted by City Council on October 26, 2010 (M&C G-17094).
WHEREAS, the Project was included in the Fiscal Year 2013 Annual Work Plan and Budget,
adopted by the Fort Worth City Council on October 16, 2012 as (M&C C-25920) as part of the City's
agreement with the Contract Manager for administration of the public art program;
WHEREAS, Artist's Preliminary Design for a large scale contemporary sculpture titled "Wind
Roundabout" to be installed on the modern roundabout was developed under City Secretary Contract
OFFICIAL RECORD
RECEIVEIJ ivAR �, 2U13 CITY SECRETARY
Agreement Between the City of Fort Worth and FT. WORTH,
TX
Ned Kahn d/b/a Ned Icahn Studios for Final Design of Public Art F-T-Tiriity-wri oul�nc a gout
1 of 29
Number 36320, as amended by City Secretary Contract Number 36320-AI, and approved by the Fort Worth
Art Commission on August 8, 2011.
WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be
designed to promote the integrity of Artist's ideas and statements as represented by the Work.
NOW, THEREFORE, 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
DEFINITIONS
As used in this Agreement, 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 Ned
Kahn d/b/a Ned Kahn Studios for Final Design of public art for the Site.
1.2. Artist— Means and includes Ned Kahn d/b/a Ned Kahn Studios and/or their heirs, executors,
administrators, legal representatives, successors, agents, subartists, contractors, assigns, members, officers,
managers, proprietors, partners, directors, employees, representatives, agents, subsidiary organizations,
parent organizations, successor entities, assigns, predecessors, stockholders, administrators, and any related
companies.
1.3. Artwork Design — Means and includes both the Preliminary Design and Final Design of the
Work, which are defined in 1.3.a. and 1.3.b. below.
1.3.a. Preliminary Design — Means all preliminary drawings, sketches, prototypes,
maquettes, models, narrative descriptions, budget estimates, and the like that are created by
Artist in connection with this Agreement and/or any prior agreement between Artist and City
for the Work, including, but not limited to, the design concepts created pursuant to City
Secretary Contract Number 36320, as amended by City Secretary Contract Number 36320-
Al, attached hereto as Exhibit "A" and incorporated herein for all purposes.
1.3.b. Final Design — Means the Artist's final, proposed design of the Work for the Site,
which is based upon the City -approved Preliminary Design and includes, but is not limited
Agreement Between the City of Fort Worth and 2 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
to, all final drawings, sketches, prototypes, maquettes, models, and the like that may be
created by Artist in connection with this Agreement, or the like that are related, directly or
indirectly, to the Work and shall include Artist's specifications for fabrication and
installation of the Work.
1.4. 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.
1.5. City - Means and includes the City of Fort Worth, Texas and its officers, representatives,
agents, servants, and employees.
1.6. Effective Date - Means and includes the date represented in the first paragraph of this
Agreement, which shall be the official date of execution of this Agreement.
1.7. Final Design Deliverables - Means and includes those items set forth in Article 2.4 of this
Agreement that are required for City's review and approval.
1.8. Parties - Means and includes City and Artist.
1.9. Project - Means and includes the capital improvement or public art development
undertaking of City for which Artist's services are to be provided pursuant to this Agreement.
1.10. Project Consultant - Means and includes the design firm/professional(s) hired by City to
design the Site - Freese & Nichols + Miguel Rosales.
1.11. Site - Means and includes the modern roundabout to be constructed at the intersection of
Henderson Street and White Settlement Road, which is more particularly described in Exhibit "B," attached
hereto and incorporated herein by reference for all purposes.
1.12. Stakeholders - Means and includes the Trinity River Vision Bridges Advisory Committee,
the Trinity River Vision Authority Board, and others as may be determined by the City.
1.13. Work - Means and includes the finished object(s) of art and design that are the subject of
this Agreement, or any intermediary stage of completion of such work.
Agreement Between the City of Fort Worth and 3 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that Artist's Preliminary Design was reviewed and approved by the FWAC on
August 8, 2011, and is the basis for executing this Agreement with Artist.
2.2. Scone of Services.
a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary
for developing a Final Design of the Work and for providing the Final Design Deliverables. Services
shall be performed in a professional manner and in strict compliance with all terms and conditions in
this Agreement.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the
Work, subject to review and input from the Stakeholders and approval by City as set forth in this
Agreement.
c. The location at the Site where the Work will be installed shall be mutually agreed upon by City and
Artist.
d. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and
permitting.
e. Artist shall meet and coordinate with City staff, Project Consultant, and the Texas Department of
Transportation and others, as necessary, to ensure proper integration of the Work into the Site.
f. Artist shall coordinate with Project Consultant on appropriate landscaping, to be installed by others,
around the Work.
g. Artist shall mockup a prototype of the Work at a mutually agreed upon time, date, and location in
Fort Worth, Texas for the Project Consultants, City staff, Project Stakeholders, and FWAC in order
to demonstrate the wind -activated hinged metal components.
Agreement Between the City of Fort Worth and 4 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
h. Artist shall present the Final Design to the appropriate City committee, City staff, Stakeholders, and
other City boards or commissions, as appropriate, for input and to the FWAC for review and
approval at dates and times mutually agreed upon. The Artist may choose to combine the mockup
presentation with the requirements under this subsection under one single presentation or one visit.
i. Upon request of City, Artist shall consult with a qualified art conservator and shall provide written
maintenance recommendations for the Work from said conservator to the Contract Manager.
j. If the Artist combines the mockup presentation with the Final Design presentation above, then Artist
shall make a minimum of one (1) trip to Fort Worth, Texas. However, if Artist chooses to split the
mockup and Final Design presentations, then the Artist shall make a minimum of two (2) trips to
Fort Worth, Texas for meetings and presentations as indicated above. Additional trips, if required per
this Article, may be negotiated and agreed upon in writing by City and Artist.
2.3. City Assistance.
Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the
extent that such materials are available. City, upon request by Artist, shall also provide correct scaled
drawings of the Site, if available.
2.4. Final Design Deliverables
a. Within three (3) months after the Effective Date, Artist shall provide services and all supplies,
materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.4 to City for
approval. Final Design Deliverables shall consist of the following:
i. Detailed, design illustrations of the Work for the Site in a high resolution digital format, such
as JPEG or TIF files, showing the proposed Work from two vantage points with at least one
illustration showing the Work's size and placement in relation to the Site.
ii. A final written narrative of the Work, describing the following: (1) the Final Design
concepts and timeline for completion; (2) proposed materials, fabrication, and installation
methods for all elements of the Work, including information regarding Artist's
subcontractor(s), if any, for the Work; (3) maintenance requirements for all elements of the
Agreement Between the City of Fort Worth and 5 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
Work as dictated by Artist, along with cost estimates for annual maintenance; and (4)
proposed public education program or activity to be conducted by Artist at a time mutually
agreed upon by the Parties.
iii. Comprehensive working drawings, detailing the means of installing all elements of the Work
on the Site, together with other such graphic material to permit City to carry out structural
design review. Professional Liability Insurance is required in all circumstances for on -site
artwork requiring engineering and/or architectural services. City will conduct a review of
structural design and other related graphic material prior to installation of the Work. Upon
City's request, drawings must be signed and stamped by an engineer and/or architect
licensed to work in the State of Texas. Artist will provide the Contract Manager a certificate
of insurance for each licensed professional and provide City with a 30-day notice of
cancellation of any policy required hereunder.
iv. A detailed budget, on the budget form attached hereto as Exhibit "C," for installation of the
Work in an amount not exceed $693,417.00, which includes all costs for materials, labor,
fabrication, delivery, installation, insurance, transportation, remaining Artist's fee, and all
other associated costs for the Work. The detailed budget will be for implementation of the
Work through a possible artwork commission contract with City, which, contract is subject
to the approval of the Fort Worth City Council. Artist may propose additional budget for any
anticipated and reasonable cost increases that may occur before construction.
v. Material samples of the hinged metal components and cable.
2.5. Final Design Review.
a. Upon completion of the Final Design Deliverables, Artist shall meet with the Stakeholders, City
staff, and other City boards or commissions, as appropriate, to present the Final Design, at a date and
time mutually agreed upon, for input.
b. Artist shall present the Final Design to the FWAC for approval at a regularly scheduled FWAC
meeting.
Agreement Between the City of Fort Worth and 6 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
c. City shall notify Artist of its approval, or disapproval, of the Final Design within thirty (30) business
days of Artist's presentation to the FWAC.
d. If City disapproves of the Final Design, either in whole or in part, then City shall inform Artist of
each revision to be made to the Final Design. City may require Artist to make such revisions to the
Final Design as City deems necessary in its sole discretion and/or for the Work to comply with
applicable statutes, ordinances, or regulations of any governmental regulatory agency having
jurisdiction over the Site for reasons of safety and security.
e. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to
present the revised Final Design in conformance with City's requirements.
£ If City disapproves of the resubmitted Final Design, any further Final Design resubmissions will be
by mutual agreement of the Parties and subject to the procedures and terns in this Article. If the
Parties desire not to continue with the resubmission process, then this Agreement will automatically
terminate, with payment for work performed per the payment schedule in Article 3 up through the
date of termination. (See Article 4.4.d)
g. Upon City approval of the Final Design, any revisions made to a City -approved Final Design shall
become part of the Final Design. Artist shall incorporate any City -approved revisions into the final
design in conformance with City's requirements. Artist shall provide the Final Design presentation
materials to the Contract Manager to become part of the City's Public Art archive. These documents,
models, and/or drawings will be retained for archival and exhibition purposes.
h. Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Final Design is
accepted by City and funding is appropriated by the Fort Worth City Council, negotiations for
fabrication, delivery, and installation of the Work shall commence, which shall become part of the
deliverable under any anticipated artwork commission contract.
Agreement Between the City of Fort Worth and 7 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall not exceed FIFTY-FIVE THOUSAND DOLLARS
AND NO CENTS ($55,000.00), which shall constitute full compensation for any and all costs associated
with this Agreement, including, but not limited to, hard costs associated with fabrication and transportation
of a prototype, and set up of a mock-up demonstration, engineering and consulting fees, all travel expenses,
and all services performed and materials furnished by Artist under this Agreement. Artist and City may
amend this Agreement to allow for additional payment if additional services are required.
3.2. Payment Schedule
a. City agrees to pay Artist in the following installments set forth below, each installment to represent
full and final, non-refundable payment for all services and materials provided prior to the due date thereof:
i. FIFTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS
($15,750.00) upon execution of this Agreement.
ii. TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
($22,500.00) within thirty (30) calendar days after Artist submits all of the Final Design
Deliverables required under Article 2.4 of this Agreement and makes a presentation(s) of the
Final Design to the FWAC.
SIX THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($6,750.00)
within thirty (30) calendar days after City's approval of the Final Design.
iv. City may nay Artist un to TEN THOUSAND DOLLARS AND NO CENTS
($10,000.00) for engineering and consulting fees in order to fulfill the terms of this
Agreement. Such payment shall be made upon receipt of an invoice from Artist with the
original invoice (a retainer fee of up to 50% is allowed) for such services attached thereto.
Agreement Between the City of Fort Worth and 8 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
3.3. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due
the Project. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the
form as that attached hereto as Exhibit "D" for use by Artist in the fulfillment of this Agreement.
3.4. 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 City and/or Contract Manager, 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.
ARTICLE 4
TERM AND TERMINATION
upon
same
4.1. Term
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 Artist by City.
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
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 arising from this Article 4.3 in accordance with the
dispute resolution process set forth in Article 5. 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 under this
Agreement Between the City of Fort Worth and 9 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
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.
4.4. Termination for Convenience
a. The services to be performed under this Agreement may be terminated by either party, subject to
written notice submitted thirty (30) calendar days before termination, specifying the grounds for
termination.
b. If the termination is for the convenience of City, City shall pay Artist for services actually rendered
up to the effective date of termination, and Artist shall continue to provide the City with services
requested by City and in accordance with this Agreement up to the effective date of termination.
Upon payment in full of all monies due for services provided up to the effective date of termination,
City shall have the right, in its sole discretion, to possession and transfer of all work product
produced by Artist under this Agreement, including, but not limited to, finished and unfinished
drawings, sketches, photographs, models, and designs, up to the effective date of termination,
provided that no right to fabricate or execute the Work shall pass to City.
c. If termination is for the convenience of Artist, City shall have the right, in its sole discretion, to pay
Artist for services actually rendered up to the effective date of termination or require the Artist to
remit to City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior
to the effective date of termination If City chooses to pay Artist for services actually rendered, then
all work product produced by Artist under this Agreement, including, but not limited to, finished and
unfinished drawings, sketches, photographs, models, and designs, up to the effective date of
termination shall become property of City.
d. If termination is by mutual agreement of the Parties as set forth in Article 2.5, then City shall pay
Artist for work performed per the payment schedule in Article 3 up through the date of termination.
City shall have the right to possession and transfer of all work product produced by Artist under this
Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs,
models, and designs, up to the effective date of termination
Agreement Between the City of Fort Worth and 10 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
4.5. Incapacity of Artist
a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term
of this Agreement, City shall have the right to terminate this Agreement on payment to Artist or
Artist's successors for all work and services performed prior to death or incapacity. All work
product produced by Artist, including, but not limited to, finished and unfinished drawings, sketches,
photographs, models, and designs, up to the effective date of termination shall become property of
City.
b. Should Artist's Final Design have been approved, in the event of termination under this Article 4.5,
City shall have the right to complete the Work, if feasible. Due regard shall be made for Artist's
intended results and proper credit and acknowledgement shall be given to Artist. This provision
shall survive the termination or expiration of this Agreement.
ARTICLE 5
DISPUTE RESOLUTION
a. If either Artist 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 parry'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.
b. 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)
Agreement Between the City of Fort Worth and 11 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
calendar days following the date of request, except upon Agreement of the Parties. In the event City and Artists
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 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. (See Article 4.3)
ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1 General
a. Upon payment in full to Artist or pursuant to the applicable termination provision of this
Agreement, the Artwork Design, Work, and all other work product under this Agreement
shall become the property of City, without restriction on future use, except as provided
below. Artist shall retain copyright and other intellectual property rights in and to the
Artwork Design and/or Work. By execution of this Agreement, Artist grants to the City an
exclusive, perpetual, irrevocable, and royalty free license to graphically depict or display the
Artwork Design and/or Work for any non-commercial purpose whatsoever. For purposes of
this limitation, any graphic depiction or display of the Artwork Design and/or Work
intended to promote or benefit 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
City, shall be deemed a non-commercial purpose.
b. In view of the intention that the Artwork Design and the Work be unique, Artist shall not
make any additional exact duplicate reproductions of the Artwork Design or the Work, nor
Agreement Between the City of Fort Worth and 12 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
shall Artist grant permission to others to do so except with the express written permission of
City. However, nothing herein shall prevent Artist from creating future artworks in Artist's
manner and style of artistic expression.
c. Artist reserves every right available under the Federal Copyright Act to control the making
and dissemination of copies or reproductions of the Artwork Design and/or Work, except as
those rights are limited by this Agreement City may make and disseminate photographs,
drawings, and other two-dimensional reproductions of the Artwork Design and/or Work and
accompanying materials for any municipal purpose. All reproductions by the City shall
contain a credit to the Artist and a copyright notice substantially in the following form: `
date, Artist's name."
d. Nothing in this Agreement shall prevent the Artist from using images of the Artwork Design
and/or Work for marketing and promotional purposes in connection with the Artist's
business.
e. City is not responsible for any third -party infringement of Artist's copyright and not
responsible for protecting the intellectual property rights of Artist
6.2 Artist's Address.
Artist shall notify City of changes in Artist's address as set forth in Article 12. The failure to do so, if such
failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to
enforce these provisions that require the express approval of Artist. Notwithstanding this provision, City
shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights.
ARTICLE 7
WARRANTIES OF TITLE AND COPYRIGHT
Artist represents and warrants that:
a. Artwork Design and/or Work shall be the original product of the Artist's sole creative efforts.
Agreement Between the City of Fort Worth and 13 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
b. Artwork Design and/or Work is and will be unique and original, and does not infringe upon any
copyright or the rights of any person;
c. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Artwork
Design and/or Work or any copyright related thereto that may affect or impair the rights granted
pursuant to this Agreement;
d. Artwork Design and/or Work (or duplicate thereof) have not been accepted for sale elsewhere;
e. Artist has the full power to enter into and perform this Agreement and to make the grant of rights
contained in this Agreement; and
f. All services performed hereunder shall be performed in accordance with all applicable laws,
regulations, ordinances, etc., and with all necessary care, skill and diligence.
ARTICLE 8
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and services hereunder as an independent contractor, and not as an
officer, agent, servant or employee of City. 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 City and Artist, his/her officers,
agents, employees and subcontractors, and doctrine of respondent superior has no application as between
City and Artist.
ARTICLE 9
INDEMNIFICATION
9.1. General Indemnity
i. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY,
HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND
AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS,
CAUSES OF 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
Agreement Between the City of Fort Worth and 14 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
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 ANY ACT,
ERROR, OR OMMISSION OF ARTIST AND/OR ARTIST'S SUBARTISTS AND
CONTRACTORS 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. Artist agrees to and shall release City from any and all liability for injury, death, damage, or
loss to persons or property sustained or caused by Artist in connection with or incidental to
performance under this Agreement.
iii. Artist shall require all of its subcontractors to include in their subcontracts a release and
indemnity in favor of City in substantially the same form as above.
9.2. Intellectual Property
Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any
other regulations, including, but not limited to, the assumption of any and all responsibilities for paying
royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no
obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations.
City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by
Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER
AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS
CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR
EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE
OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT
Agreement Between the City of Fort Worth and 15 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City
expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the
exclusive obligation of Artist.
9.3. Survival
All indemnification provisions of this Agreement shall survive the termination or expiration of this
Agreement.
ARTICLE 10
EQUAL OPPORTUNITY
a. Artist shall not engage in any unlawful discrimination based on race, creed, color, national origin,
sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other
prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and
warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall
comply with all applicable laws and regulations in any employment decisions.
b. In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this
Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be
debarred from further agreements with City.
ARTICLE 11
MISCELLANEOUS
11.1. Compliance
Artist shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the
performance of Artist's services under this Agreement.
11.2. 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.
Agreement Between the City of Fort Worth and 16 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
11.3. 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.
11.4. 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.
11.5. 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.
11.6. 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 Artist and their respective successors and permitted assigns.
11.7. No Third -Party Beneficiaries
The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful
successor or assign, and are not intended to create any rights, contractual, or otherwise, to any other person
or entity.
1 1. 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.
Agreement Between the City of Fort Worth and 17 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
11.9. Force Maieure
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.
11.10. 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.
11.11. Fiscal Funding Out
If, for any reason, at any time during any term of this Agreement, the Fort Worth 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 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.
11.12. Captions
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part
of this Agreement.
Agreement Between the City of Fort Worth and 18 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
11.13 Right to Audit
Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the
Work (collectively "Records") at any time during the Term of this Agreement and for three (3) years
thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement
and for three (3) years thereafter, the Artist shall make all Records available to the City at 1000
Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties
following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any
audit. Notwithstanding anything to the contrary herein, this Article shall survive expiration or earlier
termination of this Agreement.
11.14. Certified MBE/WBE.
If applicable, Artist is encouraged to make its best effort to become a certified Minority Business Enterprise
(MBE) or Woman Business Enterprise (WBE) firm with a certifying agency whose certification is accepted
by the City under the City's Business Diversity Enterprise Ordinance.
11.15 Survival Provision
The provisions contained in Articles 6 (Ownership and Intellectual Property Rights), 7 (Warranties of Title
and Copyright), 8 (Artist as an Independent Contractor), and 9 (Indemnification) shall survive the
termination or expiration of this Agreement.
11.16 Public Information Act
Artist 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.
Artist shall clearly indicate to City what information it deems proprietary. If City is required to disclose any
documents that may reveal any of Artist'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 Artist prior to disclosure of such documents, and give Artist the opportunity to
submit reasons for objections to disclosure. City agrees to restrict access to Artist's information to those
persons within its organization who have a need to know for purposes of management of this Agreement.
Agreement Between the City of Fort Worth and 19 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
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 Artist'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
Artist 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.
11.17 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. A signature received via facsimile or
electronically via email shall be as legally binding for all purposes as an original signature.
11.18. Time Extensions
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement.
ARTICLE 12
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
Foit Worth, Texas 76102
Agreement Between the City of Fort Worth and 20 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
2. ARTIST
Martha Peters, Vice President -Public Art
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
Ned Kahn
d/b/a Ned Kahn Studios
10299 Moonshine Road
Sebastopol, California 95472
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Agreement Between the City of Fort Worth and 21 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
CITY OF FORT WORTH
by:
5-otas.,4
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
TylerKW . lach
Assis ant City Attorney
ATTESTED BY:
/frit,
ary J. ay
City Secreta
Contract Authorization:
M&C # C-26123
DATE: March 5, 2013
ARTIST
Ned Kahn
d/b/a Ned Kahn Studio
icr""4414.
stet IF Oili1/444,
.c. 00000nonocc,40\
- o c
Q ~.-fir.
any p
¥'¼n , ��3 rye
`- 11 it
OFFICIAL 1101;0140
CITY SECRETARY
Fir. WORTH, TX
Agreement Between the City of Fort Worth and
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
22 of 29
tti
him %ii aif
Three —
Exhibit A: The Preliminary Design
Rendering of "Wind Roundabout" in the modern roundabout in Trinity Uptown
•
„Loom
Ctv cif het li!1r.
Henderson Street Roundabout
$''antratnr Srttwn
0 n
IC*t nl ►II I
IRMA
Agreement Between the City of Fort Worth and
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
23 of 29
Proposal for Roundabout, Fort Worth, TX
Ned Kahn,
Wind Roundabout
For the last 20 years, I have been making large-scale public artworks that increase people's
awareness of natural phenomena. Using materials such as water, wind, fog and light, I have
worked to create contemplative oases in urban environments, places where people can
reconnect with the larger forces of nature. I am fascinated by blurring of the boundaries
between art, science, architecture and nature.
In recent years, I have completed a series of artworks that reveal invisible forces in their
sites by converting natural flow patterns, such as wind, into the pixelated motion of many
small metal parts. I have been calling these artworks "detectors", for they are analogous to
the detectors on telescopes and other scientific instruments that reveal the effects of the
invisible. The normally unseen patterns of the wind are complex and entrancing. The
psychological effect is similar to watching a fire, waves on a lake or tall grasses swaying in
the wind.
Most of my previous installations have involved addressing the flat facades of buildings. For
the Roundabout in Fort Worth, I am inspired by the idea of a wind -animated artwork that
would wrap around a cylindrical "volume" of wind instead of a plane. My proposal is to
create a 24' diameter veil of anodized aluminum vanes that will constantly reveal the ever -
changing direction and force of the wind. This veil would be supported by a 30' tall by 30'
diameter structure fabricated out of curved stainless steel tubes. Based on wind studies of the
area, we anticipate that the air currents around this artwork will be quite interesting and
variable.
The artwork will be fabricated in sections and assembled on site. We will first install a
concrete circular perimeter foundation. After the concrete has cured we will assemble the
support structure. Finally, the wind responsive veil will be hung from the support structure.
The entire process should take about a month depending on weather and concrete curing
time.
One of the paradoxical properties of some of my recent wind sculptures is that they appear
to become more detailed as you view them from a greater distance because the individual
"pixels" merge into a seamless rendering of the hidden patterns of the wind. Even from a
great distance, the proposed roundabout sculpture will function as a dynamic beacon.
The proposed wind sculpture will be virtually maintenance -free. I have developed the
technology for creating wind sculptures that continue to operate for many decades without
maintenance. The panels are naturally cleaned by the rain. The moving parts require no
lubrication and will be mounted above the reach of people. If any of the components ever
get damaged due to an act of vandalism, they are easy to remove and replace. I will provide
spares if ever needed. My previous artworks have survived ice storms and extreme winds
with no damage.
Agreement Between the City of Fort Worth and 24 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
The artwork that I am proposing for the roundabout would be a kinetic artwork that is
entirely powered by free, non -carbon producing, renewable energy: the wind. The wind -
animated surface of the veil will capture light from the sky and the surrounding buildings
and the hghts of cars at night The movement will be powered by the atmosphere. In
essence, the artwork will become an extension of the sky
My intent is to create an artwork that will change from moment to moment, day to day, and
season to season, an artwork that will be intrinsically linked to the atmosphere, the invisible
substance that sustains us and all life The pixelated appearance of the wind -animated
surface will be evocative of high-tech computer animations, yet the actual technology is
quite simple, really just a collection of hinges.
My hope is that the proposed artwork will function as a dynamic register for the ever -
changing wind, an artwork that would define a visual oasis where people can reconnect with
the mysteries of the physical world.
Agreement Between the City of Fort Worth and 25 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
Exhibit B: The Site
Agreement Between the City of Fort Worth and
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
26 of 29
FORT WORTH PUBLIC ART PROJECT BUDGET
Please complete this form and attach a signed receipt or estimate complete with per unit
costs (no lump sums) for all items designated with an asterisk('). Cost increases must
also have a written estimate attached,
ARTIST'S FEE
TRAVEL
(For artists who live more than 50 mites from Fort Worth)
INSURANCE
ADMINISTRATIVE EXPENSES
Airfare
Car Rental
Per Diem Expenses at $® per day
Mileage at S per mile
Auto/Hired Vehicle Liability
General Liability for Artist / Subcontractors
Worker's Comp. / Employer's Liability
Other, as applicable
Phone/Fax
Delivery/Shipping (for correspondence, samples, models, drawings etc)
Reprographic Service
Supplies
PROFESSIONAL CONSULTANT FEES
(If applicable, drawing must be signed and seated by a professional registered to practice
in the State of Texas)
Architect*
Structural Engineer'
Electrical Engineer
Conservator*
Photographer (for documentation of completed work)*
Other
MATERIALS
(Please attach a complete list of materials. Itemize all anticipated aspects and
components with per unit cost estimates)
Materials' Total
FABRICATION COSTS
(Include and itemize all portions of subcontracted work and work to be completed by
artist.)
Artist's Labor ( hours at $_ per hour) Total
Subcontracted Labor (Total)
Facility/Equipment Rental (used exclusively for this project) related to fabrication
SITE PREPARATION
(Do not include costs covered by FWPA, City of Fort Worth or others)
Test Drilling"
Removal*
Landscaping/lrrigation*
Electrical Modifications'
Water Work/Mechanical Devices
Other
(Revised May 2011)
Agreement Between the City of Foit Worth and 27 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
TRANSPORTATION
BASE: MOUNTING
Matenals to Faaricahcn Site'
Finished Work :o Inr:a'lallen Site'
Other'
Base
Maunttng Devices and Ccm cnerts
Fore i dati cin/Footing
Daher
INSTALLATION COSTS
(Costs must include al:owance Ice after hours installation it apphcable Please attach a
ccnipte:e list of eguiipment and ind,vi' ual estimates'.vdh this form)
Sul contracted Labor'
Scaffolcng'
Equipment Rental related to instal aticn'
Off-dur/ Police+Securit
Traffic Barriers'
Stora,e Fach:y Rental'
City Permits
Dspray Oewces
Fireproofing'
Site Restoration'
Other'
LIGHTING
GRAND TOTAL
Please make any necessary notes here:
Prepared By:
Date:
Designers'
Fr".tures'
Bulbs'
Site Preparation'
Instal Iatron"
used May 20111
Agreement Between the City of Foit Worth and 28 of 29
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
tl Oft
viasr: 1hi
NAMC
TEXAS S.A
Exhibit D: Sales Tax Exemption
TEXAS (t.R 1 IFiC:AT)H: OF ICAF:IIPTION
..31QS TWA n'4c t,t f - tJ! Ilir 10l0111.t r ,t1 t.,c_it' & tt nr
art.lr ir cd:
:cnip1 '11 ►IN the lid i„+rttip
11 1 t; 1'.•lt
('I'I'1' OF FORT WOR-111, 1 EXAS
ND CISE TAX PERMIT NUMBER I-75-6090528-6
nil N:.ltpl+c _ sn: pu-chascd
IHut Hurt 1 ', sII he pa). .
pro; ,.ntn• of the -late. cl
Irr rubs re ar4bn e? etn
c*I;it tl
t nlhlef\lair
I
and, 4a1,1n
111
1 art Nair, 1a
pit! rm
Lish,l°av
I'<
collie Ili
ritti 31cs s
lat s and
•►he price paid
�r Inl'sat:'1nCJ tiT trr �1FVC itfi ChCiEit', tint is�rtl ill`-r°C Iri ►hc 611C jilt I.;t.IhIC tlt'tIli '.4 i)lch
ti the purchase, will be used in a manner ether thin Ihar expensed in this c'iti
cliun, relay he tined tip to S500 per offense
T r Eikenipt Stat
I"urchi ocr,
Addres-.
e, lip
1
11/4 Lhicto 8cina 4 Ocive nmcntal Liutcv
F' FORT WORTU, Tim XA%
1000 TIIROCKMORTO1 STREET
FORT WORTH, TEXAS 7o102
tiLati tilt
c\ell ll?C` nut.E+,,.K
i
fn1
diet of i'ul$lt,
Ire
riot c.H-t
ty
nu .: fie h y slidSa
iy the <uppri.ci
Lill
t . L luiic t®t' 1
Agreement Between the City of Fort Worth and
Ned Kahn d/b/a Ned Kahn Studios for Final Design of Public Art for Trinity Uptown Roundabout
29 of 29
M&C Review Page 1 of 2
CITY !COUNCIL AGENDA
COUNCIL ACTION: Approved on 3/5/2013
DATE: 3/5/2013 REFERENCE
NO.:
CODE: C TYPE:
**C-26123 LOG NAME:
CONSENT PUBLIC
HEARING:
Official site of the City of Fort VVorth, Texas
FORT WORT I
20ART STRUCTURE AT
HENDERSON ST AND WHITE
SETTLEMENT RD
NO
SUBJECT: Authorize Execution of a Final Art Design Agreement with Ned Kahn d/b/a Ned Kahn
Studios, in the Amount Up to $55,000.00 for an Art Sculpture to be Installed in the
Roundabout at the Intersection of Henderson Street and White Settlement Road Being
Constructed as Part of the Trinity River Vision Bridge Project (COUNCIL DISTRICTS 2 and
9)
RECOMMENDATION:
It is recommended that the City Council authorize entering into a Final Art Design Agreement with
Ned Kahn d/b/a Ned Kahn Studios, in the amount up to $55,000.00, for an art sculpture for the
roundabout at the intersection of Henderson Street and White Settlement Road being constructed as
part of this Trinity River Vision Bridge Project.
DISCUSSION:
Under this contract, artist Ned Kahn will finalize the aesthetic design and structural engineering for a
large scale contemporary sculpture titled "Wind Roundabout." In addition, Ned Kahn will mockup a
prototype demonstration of the wind -activated components in Fort Worth and will provide input to
project consultant Freese and Nichols, Inc., on landscaping for the roundabout.
Fort Worth's wind will activate small anodized aluminum hinged components that create a 24-foot
diameter columnar "veil" which will be internally supported by a 30-foot tall by 30-foot diameter
structure of curved stainless steel tubes. These durable components create dynamic visual patterns
of the wind, revealing its ever -changing direction and force. The sculpture will capture natural Tight
from the sky and at night will reflect ambient light from its surroundings. It will be completely wind -
powered. Ned Kahn has successfully used his signature wind -activated system on large buildings
around the world.
Funding for this project was included in the Public Art Plan for the 2004 Capital Improvement
Program ($253,917.00), adopted by City Council on May 17, 2005 (M&C G-14801) and the Public Art
Plan for the 2008 CI P ($444,000.00), adopted by City Council on October 26, 2010 as (M&C G-
17094). This project was included in the Fiscal Year 2013 Annual Work Plan and Budget, approved
by City Council on October 16, 2012 as part of the City's Agreement with the Arts Council of Fort
Worth and Tarrant County, Inc., for administration of the public art program (M&C C-25920).
BACKGROUND:
On December 4, 2007, the City of Fort Worth entered into a contract with Ned Kahn d/b/a Ned Kahn
Studios, for the preliminary design of public art for this project (City Secretary Contract No.
36320). At that time, Ned Kahn began the process of developing a preliminary design for the Central
City Bridges in collaboration with a prior project consultant. The City subsequently changed the
name of the project from Central City Bridges to Trinity River Vision Bridges, hired new project
consultants, and revised the conceptual design of the bridges. Due to these changes, the City
amended Ned Kahn's preliminary design contract to require that he collaborate with the new
consultants and develop a new preliminary design based on the redesigned concepts for the bridges
(City Secretary Contract No. 36320-A1).
http://www.fortworthgov.org/council packet/mc_review.asp?ID=18067&councildate=3/5/... 3/25/2013
M&C Review Page 2 of 2
On July 27, 2011, the Trinity River Authority Board recommended Ned Kahn's preliminary design. On
August 8, 2011, the Fort Worth Art Commission approved Ned Kahn's preliminary design. Since that
time Ned Kahn has further refined the design of the support structure Updates have been given to
the Trinity River Vision Bridges Advisory Committee, the Trinity River Authority Board, the Fort Worth
Art Commission, and City Council.
The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent of total capital
project dollars expended on public art annually.
This project is located in COUNCIL DISTRICTS 2 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Street Improvements Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 531200 209980014433 $551000.00
Submitted for City Manager's Office bv: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Martha Peters (298-3025)
ATTACHMENTS
Roundabout - Ned Kahn (TRV' 1-30-13.docx
http://www.fortworthgov.org/council_ packet/mc_review.asp?ID=18067&councildate=3/5/... 3/25/2013