Loading...
HomeMy WebLinkAboutContract 55880Date Name of Donor Addre ss Contact fnformation Description of Donation Donor's Stated Value FORT WORTH -...... ,.,. ~ DEED OF GIFT April 19 , 2021 National Cutting Horse Association Charities Foundation ("Found tion") 260 Bailey A venue Fort Worth, Texas 76107 Joey Milner, Chair 8 I 7-2 44-6 I 88 e xt. 144 A commissioned bronze sculpture by Kelly Graham, Buste r W -lc h & King Ranc h :~· Little P eppy, depicting cutting icon Buster Welch o Little Peppy cutting a Santa Gertrudis cow ("A11work") and site enhanc ments consisting of a raised pedestal with engraved donor recog itions, decomposed granite plaza with landscaping and bench, and a raised pillow plinth with bronze historic plaque ("Site Improvements") s ted at Gate 42 at the Will Rogers Memorial Center located at 3401 West Lancaster Avenue, 76107 (Council District 7) $220,000.00 ("Artwork") $ 30,000.00 (site design/installation costs and "Site Improvements' $250,000.00 Total I, the undersigned Donor, hereby donate, convey, transfer and assign to the City of Fort Worth , for the benefit of the City of For1 Worth Public Art Community Legacy Collection, all rights, title and i terest that r possess in the Artwork described above and the Site lmprovements, hereafier defined, w thout condition or restriction except as may be provided herein . I warrant and represent that the Artwork is the sole property of the National Cutting Horse Assoc ation Charities Foundation and that l have legal authority to transfer ownership by this Deed of Gift. I w rrant and represent that no customs laws, tax laws, laws of inheritance, or other laws -or regulations appli~able to the Artwork, its export or import, have been broken. l warrant and represent that there are no claims, judgments, liens or other encumbrances of any kind whatsoever against the Artwork, any portion d f the Artwork or title to it. It is my purpose and intention to vest any and all the incidents of absolute own~rship of the Artwork from the date of this Deed of Gift forward , provided, however, that the Artist, Kelly Graham, shall retain the copyright of the Artwork. The City of Fort Worth shall have the sole disctietion as to the use and retention of the Artwork and may use it or reproduce images for exhibition, education or promotion of the Fort Worth Public A,1 Community Legacy Collection. \ The City acknowledges that regular maintenance of the Artwork is essential to the integrity of the Artwork. The Foundation warrants that the Foundation shall provide, or cause to be provided, to the City written instructions for appropriate maintenance and preservation of the Artwork on the form atti hed hereto as Exhibit "A" ("Technical and Maintenance Record"). The Foundation agrees to provide maintenance funds to the City in the amount of $33,000.00 ( 15% of the value of the Artwork) in the following annual installments set forth below, coUecti·ILel¥.-aH-4k-r,ee--f-9'r --i OFFICIAL RECORD CITY SECRETARY FT. WOR H, TX installments to represent full and final, non-refundable payment for all services necessary to maintain the Artwork . a. A first installment of ELEVEN THOUSAND DOLLARS AND NO CENTS ($11,000.00) upon execution of this Agreement. b . A second installment of ELEVEN THOUSAND DOLLARS AND NO C ENTS ($11,000.00) on April I , 2022. c . A third installment of ELEVEN THOUSAND DOLLARS AND NO CENTS 11 000 .00 on April 1, 2023. City shall have the right to determine when and if repairs and restorations to the A1twork will be ma e. During Artist's lifetime and to the extent practicable, City shall give Artist the right to approve all mJ jor repairs and restorations; provided, however, Artist shall not unreasonably withhold approval for f ny repair or restoration of the Artwork. Shoul<l'Artist unreasonably withhold approval of any intended re air or restoration, Donor and/or City shall have the right to make such repair or restoration. To the ext nt practicable, Artist, during A1tist's lifetime, shall be given the opportunity to make or personally super ·se major repairs and restorations and shall be paid a reasonable fee for any such services, provided t 1at Donor and/or City and Attist shall agree, in writing, prior to commencement of any significant repairs nd restorations, upon Artist's fee for such services. Should Artist fail to agree to make or supervise he repairs and restorations, City shall have the right to choose another qualified entity or person to as11 ist with the restoration and/or repairs or make said repairs by City. All repairs and restorations shall be made in accordance with recognized conservation standards (in accordance with the American Institute of Conservation (AlC) Code of Ethics and Guidelines or Practice) and/or construction standards, including, but not limited to, any standards set forth by City. When emergency repairs are necessary to prevent the loss of or further damage to the Work or to prev nt risks to the public, such repairs shall be undertaken or arranged by City without advance notice to Foundation and/or Artist, and such repairs shall not be deemed to constitute artistic alteration. City shall provide the Foundation with documentation of any maintenance or conservation treatments at the Donor's request. I, THE UNDERSIGNED DONOR, WILL DEFEND, INDEMNIFY, AND HOLD THE CITY OF FORT WOR H HARMLESS FROM CLAIMS OR ALLEGATIONS ARISING FROM OR RELATING TO CONDUCT THAT WOULD BE A BREACH OF THE WARRANTIES OR REPRESENTATIONS HEREIN IF ESTABLISHED. The City of Fort Worth gratefully acknowledges receipt of this gift. City of Fort Worth BY: Fernando Costa . Assistant City Manager .5 lio I 201-I ...,.D_.,ate'-'/~=,+--'-.-=-cc.......+---------~----, OFFICIAL RECORD CITY SECRETARY FT. V 'ORTH, TX CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitori nd administration of this contract, ring all performance and reporting requirements. Jen Pub ction and Special Projects Manager At1 f Fort Worth Thomas Royce H nsen Assistant City Attorney M&C: 19-0396 (December 17, 2019) and 21-0266 (April 13, 2021) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENTS § § § 1 This instrument was.3cknowle_?»ed before me on the ~ day of ~ , __ l(}{uf:{\_,'\v\Q{, the N;,-\W\ tIMY'a'11f~dn beh If of said entity. I C}MJ,'f, My Commission Expires: 4 /J,lJ./d-5. (SE AL) ST A TE OF TEXAS COUNTY OF TARRANT § § § L- o ary Public. State of_Tt.L...S..,.llc=.:CU~·------ Printed Name: /...J A1..u.1 fJr-awY ~~u..,u..u,u..u.u, .......... ~...-..~· eAnn Brown #129403705 mmission Ires This instrument was acknowledged before me on the~ day of ~ 20 r•· by Fernando Costa, the Assistant City Manager of the City of Fort Worth , on behalf of s id entity. ,,,1111,,, SELENA ALA ,''"°'~'{Pu,,,, ~o'.*·····•!1t~ Notary Public. State of Texas -c?-• •('I ... ;0.\ }fj Comm Expires 03-31-2024 ",::,i'oi"«;,~,.:-Notary ID 132422528 ,,,-.u, ~t~ef~,t~ Printed Name: _ --=z::...c:-=..!.J,"'4..._..,:c.J...u.,.""'.,.--- My Commission Expires: (SE AL) Gifts to the City of Fort Wortl1 are deductible from taxable income in accordance with the provisions of Federal income tax law (Interna l Revenue Service Code, Section 170 (b-1 ). City of Fort Worl11 e mployees are restricted from assessing value or appraising artwork for the purpose of establishing tax deductible value. Evaluation of value is the sole responsibility of the Donor. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Artist Technical Maintenance Record General Information Artist name Kelly Graham Birth date & place of birth. 8-21-1957. Wichita Falls. TX Ethnicity (optional) D Asian D American Indian or Alaska Native D Black or African Ameri an D Hispanic, Latinx, or Spanish origin D Native Hawaiian or other Pacific Islander x White □Mixed □Other Address 752 Scott Rd. Weatherford, TX 76088 Cell phone E-mail 817.613.6601 kellymark752@icloud.com Gallery affiliation .. Other representation Hefestus Fine Arts Artwork Title of artwork Location address Buster Welch and King Ranch's "Little Peppy" Gate 42 -Will Rogers Memorial Center FWPA Project Manager jenny Conn Description of Artwork/Artist's Statement: (attach separately if necessary) Epic scale of cutting horse, rider and cow. "Captain Richard King knew the value of good horseflesh, having paid $600.00 for a stud ns early as 1854, which was t ice as much as he paid for his original South Texas rancho. By the time he was moving cattle up the trail to Fort Worth and beyond, aptain King horses and developed a program that not only thrived but flourished over the years through the tireless efforts of his dau hter, Helenita, nephew, Dick Kleberg, and grandnephew Tio. Their efforts were rewarded through the pt1blic successes of the uster Welch, Mr. San Peppy and Peppy San Badger "Little Peppy" era. King Ranch is proud of its history and legacy of innov tion and development initiated by Captain King. The pursuit of these core values is alive and well through his ensuing generation and evidenced by the Running W Brand." Height: 12ft Width: 6ft Depth: 22fJ Pedestal or pad materials: concrete Pedestal or pad dimensions: Height: 2ft Width: 6ft ....... Depth: 22ft Location & description of signature markings: Cow's left hip -King Ranch Brand Horse's right side of saddle blanket -King Ranch brand Edition information if applicable: Date of execution: 2017 -2019 Place of execution: 752 Scott Rd. Weatherford, TX 76088 Collaborating artist: Fabricator (if other than artist) Fabricator address: 752 Scott Rd. Weatherford, TX 76088 Methods/Materials Used in Execution of Artwork. Materials {list type, brand name and manufacturer of all materials; attach Material Safety & Techni al Data. Include contact names for all suppliers and attach warranty information): Original Clay Sculpture made with Steel Armature, Hard Cell Urethane Foam, and plastilina Clay. Mold created with GT 5092 Silicone Rubber and Casting Plaster #1 and Hemp. Cast CMX 873 Alpha Everdur Silica Bronze . Rod Silica Bronze 1/8", & Stainless Steel Rod 304. All non-ferrous metals. Construction Description: List all fabricators and any architects, engineers or other technicians involved in the creation and installation of this artwork. Attach all warranties & agreements. Kelly Graham sculptured original sculpture out of clay. Hefestus Fine Arts then sent the scu pture through The Lost Wax Process to create the bronze sculpture with a stainless steel armature nd installed with 6 attachment points set in concrete plinth with stainless steel rod 304 and concrete. Material(s) Specifications. Please submit all available material specifiers 873 Alpha Everdur Silica Bronze ................... ·-···--·-······-··-··-···-····· ···········-·····--··-··-····----+-- Joining Methods Tig welding 873 Alpha Everdur Silca Bronze with Rod Silica Bronze 1/8' at maximum temperatures to achieve maximum penetration, at least 1/4", using argon gas. Welding Rod Alloy or Joint Material & Application Method Tig welding 873 Alpha Everdur Silca Bronze with Rod Silica Bronze 1/8' at maximum temperatures to achieve maximum penetration, at least 1/4", using argon gas. Casting Alloy, Wax Body, Glass or Fiber Type: Cast CMX 873 Alpha Everdur Silica Bronze. Rod Silica Bronze 1/8", & Stainless Steel Ro 304. All non-ferrous metals. Finishes & Coatings (paint color and type, glaze, patina, any and all coatings including fixative, UV graffiti, etc. Please list vendors and contact information and provide all product information): ·1 · Custom patina from Hefestus Fine Ans using a chemical and heat patination process. 20 layer application process starling with a clean sandblasted surface, then polishing surface to t lst approved shine, clean surface with solvent to remove all din, oil and in1p11ritics. Heat sculpture's entire service to approximately 400"F degrees you need to achieve this over entire sc•lpture simultaneously, All chemical compounds and mlxoum ace based out of con1cmporacy Patination lad Edition by Ronald D. Young. Ferric Nitrate, Liver of Sulphur, onother Ferric Nitralo with Black Iron Oxide, all mixtures coo "\m 2 cryslals of Sodium Tloiosulfate once desired effects are achieved and opprovcd by anist sctolpture is then scaled with J coats of Clear Guord-Sculpt Nucvo, designed specilicolly for outdoor bronzes. Once cured several coats or o neutral camouba wax ore applied buffed and polished in between ench coat . Once sculpture Is Installed onslte a blan ■ual mal ■tonanct Is recommended. Soop ond water b•"• l~en apply one coat of earnauba wax and let .. , and cure the■ huff with a son cotton doth. Never use spray on IYUlnc eloanen, such as Endust or Pledge, tlols will make true patina ropalrs Impossible, these products will turn the patina dark and wlll nol allow oven a mosler patlneur lo rulore patina lo erlglnal standard patina without completely s1ndbla11lng Ibo sculpture and starling co pletcly ovor. Which ls • process lhot wlll lako days on location and could cost anywhere froa, SIS,0011-$20,000, Pedestals, Foundations & Footings, Mounting and Attachment Applications List all materials used to install artwork on site. Include vendor information, parts numbers, warranties and agreements. Bronze is attached to pedestal via 3X3 stainless steel angle 1/4" thick . there are six attach ent points of solid stainless stock 12-14" in the plinth set in place with high strength cement compou d. Bronze installed by Hefestus Fine Arts. Integrated Components (List all components included in design and fabrication contracts that function as a part of the final installation including but not limited to: lighting, media, landscaping, etc. Include all vendor i~formation, parts numbers, warranties and agreements and any/all design schematics): I Lighting details pending available funds. • I· Installation Installation Date November 20 2 0 Installation Executed by (name, address, phone) Hefestus Fine Arts 3823 E Hwy 199 Springtown, TX 76098 682-229-8234 Installation Method: (describe installation method, provide photo documentation if available. List contact information of installation crew. Attach any diagrams or disassembly instructions.) Bronze is attached to pedestal via 3X3 stainless steel angle 1/4" thick. There are six attac , ent points of¾ solid stainless stock 12-14" in the plinth set in place with high strength cement compound. Bronze installed by Hefestus Fine Arts. Recommended Routine Maintenance Artist recommendation based on experience and consultation with conservation expert including estimated first year cost . Please see attached. Artist's Conservation Consultant Name: Hefestus Fine Arts Add 3823 E Hwy 199 Springtown, TX 76098 ress: Phone: 682-229-8234 Please attach Conservator's Long-Term Maintenance Recommendations Unusual or Special Circumstances of Note Please see attached. Artist's Intention Please describe your view of how the artwork will change over time and in response to envir nment<!I conditions. The artist's vision of how the artwork will look in the future assists FWPA in re ~lizing an appropriate conservation action plan. In addition to environmental conditions public artworks f e often affected by public handling, landscaping and site changes. Please clearly detail your expectation for this artwork. Please address issues related to the life expectancy of this artwork. Let the bronze age naturally with regular maintenance to avoid corrosion. Neutral carnauba wax only. Left in its natural state bronze will become more dynamic and colors with evolve into something beautiful with more depth . Artist's Statement Your artist statement provides essential Information that provides context for your work and will inform plaque, web and social media, and future programming language. Kelly Graham's studio is in his hometown of Weatherford, Texas and has had the opportunity to sculpt some oftlie most prolific individuals in western culture. From horses and bucking bulls to legendary people, Kelly has a true talent for capturing /the essence of his subjects! He has a life-size cutting horse in his home town, representing the Cutting Horse Capital of the World, Weathef ord, Texas. His famous horse endeavors include Boon San Sally, horse of the year, Boon San Kitty as well as leading producers Royal Bue Boon, Poco Lena and Little Badger Dulce. Kelly has also created life-size renditions of Legendary leading stallions High Brow Cat and Docs Stylish Oak. His mon ment of the great auctioneer, Ike Hamilton, greets you in West Monroe, Louisiana selling Poco Lena. If you ever visit Colorado, go view the monument of Adriano Moraes riding Little Yellow Jacket in front of the PBR Headquarters in Pueblo. In the Paso Robles, California f~irgrounds you can find George Hearst affectionately hugging his stallion. In Weatherford, TX you can also find a life-like bronze of Larry ~agman aka J .R . Ewing, unveiled in 2014. In 2017 Kelly completed the Hildebrand Memorial Project that is located in the courtyard of the Thomas G . Hildebrand, DVM '56 Equine Complex in College Station at Texas A&M. In 2019 he completed a commissioned portra t bronze of Alice Walton's beloved travel companion, G. Friday. Kelly most recently unveiled his bronze of cutting horse legend Buster :'f elch and Little Peppy, installed in Fort Worth at Gate 42 of the Will Rogers Memorial Center. Kelly is currently working on Queen's R w of Famous Cutting Horse Brood Mare's at the Cowgirl Hall of Fame's Alice Walton Sculpture Garden. "Cnptain Richard King knew the value of good horseflesh, having paid $600.00 for a stud as early as 1854, which was twice as much as he paid for his original South Texas rancho . By the time he was moving cattle up the trail to Fort Worth and beyond , Captain King and his Kineifos were famous for the quality of their mounts . His grandson, Bob Kleberg, also recognized the value ofbreeding ranch horses and developed a program that not only thriv ed but flourished over the years through the tireless efforts of his daughter, Helenira, nephew, Dick Kleberg, and grandnephew Tio . Their efforts were rewarded through the public successes of the Buster Welch, Mr. San Peppy and Peppy San Badger '"Little Peppy" era . King Ranch is proud of its history and legacy o innovation and development initiated by Captain King. The pursuit of these core values is alive and well through his ensuing generations and evidenced by the Running W Brand ."