HomeMy WebLinkAboutContract 56678 CITY SECRETARY
REC����D No. M(0
No 1 1 2021
e'`Ty0SEC8
C1nSF°RR AGREEMENT BETWEEN THE CITY OF FORT WORTH
VAND GMK STEEL BUILDINGS, LLC, FOR FABRICATION, DELIVERY,
AND INSTALLATION OF PUBLIC ARTWORK
FOR THE EAST REGIONAL LIBRARY
This Agreement is entered into this It" day of Novembfr, 2021, 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 GMK Steel Buildings, LLC, , located at 2541 South IH35,
Suite 200-342, Round Rock, Texas, 78664, and acting by and through Gregg Nussbaum, its duly authorized
representative. 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 Program'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,the Fort Worth Public Art Program is implementing a community-nominated public art
initiative known as"Community ID: Public Art in Neighborhoods"("CID"), and on September 13, 2010,the
Fort Worth Art Commission(the"FWAC")approved a review panel's recommendation to award a CID project
to the Community Group at the East Regional Library;
WHEREAS, public art funds for the project have been allocated from the Specially Funded Capital
Projects Fund, and the project was included in the Fort Worth Public Art Fiscal Year 2021 Annual Work Plan
adopted by City Council on September 22,2020 as M&C 20-0678;
WHEREAS,on December 14,2020,the FWAC made a recommendation to City Council to enter into
an Artwork Commission Contract with Fyoog L.L.C. based on the submitted Artwork Design and cost
estimate, which is described as an outdoor sculpture comprised of approximately eighty(80)vertical, painted
steel elements.Varying in height from five and a half feet(5'6")to over nine feet(9')tall,these linear elements
are an abstract form of a field of wildflowers in striking colors of red, orange, and gold. Inscribed in up to
eight(8)elements will be quotes about reading and learning("Wildflower");
WHEREAS, in August 2021, Fyoog L.L.C., notified the City of their inability to complete the
public art project and recommended preferred fabricator, GMK Steel Buildings, LLC ("Implementation
Artist"),to implement Wildflower on their behalf,which the FWAC approved on August 16,2021;
WHEREAS, City and Implementation Artist wish to set out the terms and conditions under which
said Work shall be fabricated in a way as to preserve the in integrity of the Artist's Artwork Design and
delivered and installed at the Site. ---
Agreement for Fabrication,Delivery and Installation of Public CITY SETARY
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC FT. WORTH,ITX
NOW,THEREFORE, City and Implementation 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:
I.I. Agreement—Means and includes this Agreement between the City of Fort Worth and GMK
Steel Buildings, LLC, for fabrication, delivery, and installation of public artwork for the Site.
1.2. Artist — Means and includes Fyoog, LLC, which created the Artwork Design and/or their
heirs,executors, administrators, legal representatives, successors,agents, subartists, contractors and assigns.
1.3. Artwork Design—Means and includes Artist's City-approved design of the Work for the Site,
created in connection with the Preliminary Design Agreement (City Secretary Contract No. 50821), and the
Vendor Services Agreement to develop a final design and cost estimate based on the approved Preliminary
Design Proposal (City Secretary Contract No. 54597), as amended (City Secretary Contract Number 54597-
A 1)and includes,but is not limited to,all final drawings,sketches,prototypes,maquettes,models,and the like
that were created by Artist in connection with the Preliminary and Vendor Services/ Final Design Contract.
The design and description are attached hereto as Exhibit"A"and incorporated herein for all purposes.
1.4. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County,
Inc., and/or its officers, directors, or employees.
1.5. City—Means and includes the City of Fort Worth,Texas.
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 Acceptance—Means City's written acknowledgement to Implementation Artist that all
services for fabrication, delivery, and installation of the Work have been completed in accordance with the
terms of this Agreement.
1.8. Implementation Artist—Means and includes GMK Steel Buildings,LLC.
1.9. Parties — Means and includes City and GMK Steel Buildings, LLC, and/or their heirs,
executors,administrators, legal representatives, successors,agents, subartists, contractors and assigns.
1.10 Project—Means and includes the capital improvement/public art development undertaking of
City for which Artist's services are to be provided pursuant to this Agreement.
1.11. Schedule - Means and includes a written plan of procedure for completion of fabrication,
delivery, and installation of the Work, including, but not limited to,the submission of progress reports.
1.12. Site—Means and includes East Regional Library located at 6301 Bridge Street, Fort Worth,
Texas 76112 (Council District 4), which is more particularly described in Exhibit "B," attached hereto and
incorporated herein by reference for all purposes.
Agreement for Fabrication,Delivery and Installation of Public 2 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
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.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Implementation Artist Selection.
City and Implementation Artist acknowledge that Implementation Artist's experience and ability was
reviewed and approved by the FWAC on August 16, 2021 and is the basis for executing this Agreement.
2.2. Scope of Services.
a. Implementation Artist shall perform all services and shall furnish all supplies, materials, and
equipment as necessary for fabricating, delivering, and installing the Work at the Site. Services shall
be performed in a professional manner and in strict compliance with all terms and conditions in this
Agreement.
b. Implementation Artist understands and acknowledges that City has acquired the Artwork Design
(excluding any ownership rights in and to the copyright) from the Artist for the purpose of hiring
Implementation Artist to fabricate the Work based on the Artwork Design and deliver and install the
Work at the Site.
C. To ensure the integrity of the Artwork Design during the fabrication and installation process,
Implementation Artist shall coordinate/consult with the Artist.
a. Implementation Artist shall communicate with the Artist at the beginning of the
fabrication process to discuss the Artwork Design and the Artist's expectations for the
Work.
b. Implementation Artist shall be available to the City for any questions or concerns that may
arise during the fabrication,delivery, and installation process.
c. If any disputes arise between the Artist and the Implementation Artist as to the Artwork
Design,then Implementation Artist must seek to resolve those issues through the Contract
Manager first.
d. Implementation Artist shall determine the scope, material, and texture of the Work, subject to review
and acceptance by City as set forth in this Agreement. The exact location at the Site where the Work
has been mutually agreed upon by City and Implementation Artist.
e. Implementation Artist shall provide irrigation plans and all supplies, materials, and equipment as
necessary for fabricating, delivering, and installing a new drip irrigation line that will water the trees
adjacent to the sculpture. The new irrigation line will connect to the existing irrigation system;
however, the Implementation Artist is not responsible for the existing irrigation system unless it is
Agreement for Fabrication,Delivery and Installation of Public 3 of 30
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damaged by Implementation Artist or its subcontractors during the installation of the Work in which
the Implementation Artist will then be responsible for those repairs only.
f. Implementation 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.
g. Implementation Artist shall install the Work on dates and times mutually agreed upon by
Implementation Artist and City.
2.3 Execution of Work
a. Implementation Artist shall furnish the Schedule to the Contract Manager within fifteen(15)business
days after the Effective Date. After written approval of the Schedule by City, Implementation Artist
shall fabricate,deliver,and install the Work in accordance with such Schedule. Schedule changes may
be accomplished by written agreement between Implementation Artist and Contract Manager.
b. City and/or Contract Manager,upon written request,shall have the right to review the Work during its
fabrication and/or request visual documentation of the fabrication. Implementation Artist shall, upon
written request by the City and/or Contract Manager, provide a written progress report detailing the
progress made toward completion of the Work and the remainder of work to be done to complete the
Work.Implementation Artist shall comply with any request made by the City and/or Contract Manager
pursuant to this Article 2.3 within fourteen(14)calendar days after receipt of the written request.
C. Implementation Artist shall complete the fabrication of the Work in accordance with the Artwork
Design and in consultation with Artist as necessary as determined by the Implementation Artist.
d. Implementation Artist shall present to the Contract Manager, in writing, for further review and
approval,any changes in the scope,design,color,size,material,or texture of the Work. The Contract
Manager,in its discretion,shall determine whether the changes are significant and whether the changes
conform to the Artwork Design. If the Contract Manager, in its sole discretion, determines that the
changes are significant and do not conform with the Artwork Design,then the Contract Manager shall,
in light of the Artwork Design, determine whether a significant change requires City approval. If the
Contract Manager determines that the significant change requires City approval, then the change(s)
may be presented to the FWAC for review and approval at a regularly scheduled or special meeting of
the FWAC. 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 12 of this Agreement.
2.4 Delivery and Installation.
a. Implementation Artist shall notify City,through its Contract Manager, in writing when fabrication of
the Work is completed and is ready for its delivery and installation at the Site.
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b. Implementation Artist is responsible for installing all elements of the Work. Implementation Artist
shall coordinate the installation of the Work with City and Contract Manager.Delivery and installation
activities may not commence until written permission is delivered to Implementation Artist by the
City.
C. Implementation Artist shall be responsible for all costs associated with the materials, fabrication, and
installation of the Work, including, but not limited to, equipment rentals, transportation, travel, and
labor.
d. Implementation Artist,individually and through its subcontractors,shall take all necessary precautions
to protect and preserve the integrity and finish of the Site while delivering and installing the Work. If
City determines, in its sole discretion, that Implementation Artist or Implementation Artist's
subcontractors have damaged the parking lot, driveway, concrete curbs, light poles, or existing trees,
then City shall inform Implementation Artist, in writing, of the damage. Implementation Artist is not
responsible for regrading or replanting the project site. Implementation Artist,at his/her 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 Implementation Artist fails to repair the damages to the satisfaction of City
within thirty (30) days after receipt of the notice, or within the 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
Implementation Artist under this Agreement,which shall be in addition to any and all other rights and
remedies available to City at law or in equity.
e. Implementation Artist shall provide written maintenance recommendations for the Work from said
conservator to Contract Manager for appropriate maintenance and preservation of the Work on the
form attached hereto as Exhibit"C" (Technical and Maintenance Record).
2.5. Post-installation.
a. Within thirty(30)days after the installation of the Work, Implementation Artist shall furnish Contract
Manager with a set of at least ten (10) high-resolution digital images (.tiff format) and ten (10) low-
resolution digital images(.jpeg format)showing each element of the Work,including detail shots,with
at least five (5) of these images showing the Work installed, as selected by Contract Manager, to
document the Work after the Work is installed.
b. Implementation Artist shall make his/her best effort to be available at such time(s) as may be set by
the City to attend any inauguration or presentation ceremonies relating to the transfer of the Work to
City. City shall use its best efforts to arrange for publicity for the completed Work in such art
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publications and otherwise as may be determined between City and Artist as soon as practicable
following installation.
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C. For the duration of the Agreement, if Implementation Artist intends to seek its own publicity for the
Work, such efforts and/or press releases must be approved, in advance, by City.
2.6. Final Acceptance.
a. Implementation Artist shall notify City and Contract Manager, in writing, when all services for
fabrication, delivery, and installation of the Work have been completed in accordance with the terms
of this Agreement. Included in such notice from Implementation Artist shall be an affidavit, attached
hereto as Exhibit "D" (Affidavit), certifying that all bills relating to services or supplies used in the
performance of this Agreement have been paid.
b. City shall notify Implementation Artist in writing of its Final Acceptance of the Work.
C. 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 Implementation Artist has sent the written notice to City
required under this Section 2.5, unless City, upon receipt of such notice and prior to the expiration of
the 35-day period,gives Implementation Artist written notice specifying and describing anything that
has not been completed pursuant to this Agreement.
2.6 Risk of Loss
The risk of loss or damage to the Work shall be borne by Implementation Artist prior to completed artwork
installation,and Implementation Artist shall take such measures as are necessary to protect the Work from loss
or damage until this time and will be responsible for making the City whole in the event that the Work is lost
or damaged in any way,except that the risk of loss or damage shall be borne by City prior to Final Acceptance
during such periods of time as the partially or wholly completed Work is in the custody,control or supervision
of City or its agents for the purposes of moving,storing,or performing any other ancillary services to the Work
or upon completion of the installation of the Work at the Site.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Implementation Artist under the Agreement shall be ONE HUNDRED THREE
THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($103,600.00),which shall constitute full
compensation for all services to be performed and materials to be furnished by Implementation Artist under
this Agreement, including, but not limited to labor, materials, fabrication, transportation, installation,
insurance, incidental costs,all travel expenses,and any other costs associated with the Work. The Parties may
amend this Agreement to allow for additional payment if additional services are required.
3.2. Payment Schedule
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Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
City agrees to pay Implementation 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:
a. FORTY-TWO THOUSAND DOLLARS AND NO CENTS ($42,000.00) upon execution
of this Agreement, so that artist may make down payment(s) to fabricator(s) to begin
fabrication.
b. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon Contract
Manager's verification that fabrication of the Work is of 50%complete.
C. TWENTY THOUSAND DOLLARS AND NO CENTS ($20,000.00) upon Contract
Manager's verification that fabrication of the Work is 100%complete and ready to install.
d. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon Contract Manager's
verification that the sculpture is installed.
e. SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) upon Contract Manager's
verification that the new irrigation system near the Work at the Site is installed.
f. FIVE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($5,600.00) within
thirty-five(35)days after Final Acceptance and receipt by City of such documentation it may
require concerning payment of services and supplies rendered to Artist (see Article 2);
provided, however, that final delivery shall not be tendered prior to the expiration of thirty
(30) days after Final Acceptance.
3.3. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the
Work. City shall supply Implementation Artist with the"Texas Certificate of Exemption,"in substantially the
same form as that attached hereto as Exhibit "E" for use by Implementation Artist in the fulfillment of this
Agreement.
3.4. Implementation Artist's Expenses.
Implementation 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 Implementation Artist's
agents,contractors,subcontractors,consultants,and/or employees necessary for the proper performance of the
services required under this Agreement.
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ARTICLE 4
TERM AND TIME OF PERFORMANCE
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 Implementation Artist by City.
4.2. Duration.
The services to be required of Implementation Artist set forth in Article 2 shall be completed in accordance
with the Schedule; provided, however, such time limits may be extended or otherwise modified by written
agreement between Implementation Artist and City.
4.3. Early Completion of Implementation Artist Services.
Implementation Artist shall bear any transportation and storage charges incurred from the completion of his or
her services prior to the time provided in the schedule for delivery.
4.4. Time Extensions;Force Majeure.
City or Implementation Artist, 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 impossibility or burdensome conditions must inform the other in writing
within ten(10)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. Implementation Artist 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 any defects consisting of"inherent vice,"or qualities that cause or accelerate deterioration
of the Work)for one year after the date of Final Acceptance.
b. Implementation Artist represents and warrants that the Work and the materials used are not currently
known to be harmful to public health and safety.
C. If, within one year after Final Acceptance, City observes any breach of warranty described in this
Article 5.1 that is curable by Implementation Artist, City shall give written notice to Implementation
Artist of such breach with reasonable promptness. Implementation Artist shall,at the request of City,
cure the breach satisfactorily and consistent with professional conservation standards (in accordance
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with the American Institute of Conservation(AIC)Code of Ethics and Guidelines for Practice)and/or
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.
d. If, within one year after Final Acceptance, City observes any breach of warranty described in this
Article 5.1 that is not curable by Implementation Artist, Implementation Artist is responsible for
reimbursing City for damages, expenses, and losses incurred by City as a result of the breach.
However, if Implementation Artist disclosed the risk of this breach in the proposal and City accepted
that it may occur, it shall not be deemed a breach for purposes of this Article 5.1.
e. If,after one year from Final Acceptance,City observes any breach of warranty described in this Article
5.1 that is curable by Implementation Artist, City shall give written notice to Implementation Artist to
make or supervise repairs or restorations at a reasonable fee during Implementation Artist's lifetime.
Implementation Artist shall notify City, in writing,within thirty(30)days after receipt of the notice as
to whether Implementation Artist will make or supervise the repairs or restorations. Should
Implementation Artist fail to respond within the thirty-day (30) deadline or be unwilling to accept
reasonable compensation under the industry standard, City may seek the services of a qualified
restorative conservator and maintenance expert.
f. Acceptable Standard of Display. Implementation Artist represents and warrants that:
i. General routine cleaning and repair of the Work and any associated working parts and/or
equipment will maintain the Work within an acceptable standard of public display.
ii. Foreseeable exposure to the elements and general wear and tear will cause the Work to
experience only minor repairable damages and will not cause the Work to fall below an
acceptable standard of public display.
iii. With general routine cleaning and repair, and within the context of foreseeable exposure to
the elements and general wear and tear, the Work will not experience irreparable conditions
that do not fall within an acceptable standard of public display, including, but not limited to,
mold, rust,fracturing, staining, chipping,tearing, abrading, and/or peeling.
iv. Manufacturer's Warranties. To the extent the Work incorporates products covered by a
manufacturer's warranty, Implementation Artist shall provide copies of such warranties to
City.
g. The foregoing warranties are conditional and shall be voided by the failure of City to maintain the
Work in accordance with Implementation Artist's specifications and the applicable conservation
standards.
Agreement for Fabrication,Delivery and Installation of Public 9 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
ARTICLE 6
INSURANCE, INDEMNITY,AND RELEASE
6.1 General.
Implementation Artist shall carry insurance as set out in Exhibit'T,"which is attached hereto and incorporated
herein for all purposes. Evidence of required insurance shall be submitted to the Contract Manager prior to
installation of the Work on City property. However,if any part of the fabrication process will be conducted on
City property,then Implementation Artist shall submit evidence of required insurance to the Contract Manager
prior to performance of that work. Evidence of subsequent renewals of said insurance is required until City
has taken possession of the Work. Except as provided in Section 2.6 hereof,the risk of damage to or loss of
the Work shall, during fabrication and installation but prior to Final Acceptance, shall be solely that of
Implementation Artist. This risk shall transfer to City and shall no longer be the responsibility of
Implementation Artist upon Final Acceptance.
6.2. Performance Bonds.
Implementation Artist shall not be required by City to post any performance bonds or similar undertakings.
6.3. Indemnity
a. General Indemnity
i. IMPLEMENTATION 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 HIND 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 HIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR
OMISSIONS OF IMPLEMENTATION ARTIST AND ITS EMPLOYEES AND
IMPLEMENTATION ARTIST'S SUBARTIST 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.
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ii. Implementation 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 Implementation Artist in connection
with or incidental to performance under this Agreement.
iii. Implementation 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.
b. Intellectual Property
Implementation Artist agrees to assume full responsibility for complying with all State and Federal
Copyright Laws and any other regulations.
ARTICLE 7
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1. Title.
Title to the Work, including, but not limited to, all documents, models, and/or drawings
that constitute or are components of the Work shall pass to City upon Final Acceptance and payment for the
Work. These documents, models, and/or drawings will be retained for archival and exhibition purposes. The
Work and all other work products under this Agreement shall become the property of City,without restriction
on future use,except as provided below.
7.2 Copyright.
The parties agree that the Work fabricated pursuant to this Agreement shall be a work made for hire within the
meaning of the Copyright Act of 1976, as amended; the parties agree the Artist and/or the copyright claimant
grant to Implementation Artist only that right and license to fabricate the Work, including, but not limited to,
as a reproduction or as a derivative work, and Implementation Artist hereby irrevocably assigns and agrees to
assign and transfer any and all right, title and interest in any copyright resulting from the fabrication of the
Work, including, but not limited to, as a reproduction or as a derivative work, throughout the world for the
entire term of copyright to Artist or copyright claimant. Implementation Artist agrees to sign and execute any
documents reasonably required to effectuate the purposes of this provision,and further, Implementation Artist
grants to Artist or copyright claimant by execution of this Agreement the specific power of attorney and to act
as attorney in fact to execute an assignment or other documents on behalf of Implementation Artist reasonably
necessary to transfer and assign any copyright accruing to Implementation Artist and the right to register the
copyright in Artist's or copyright claimant's own name. Further,should any rights arise pursuant to the Visual
Artists Rights Amendment to the Copyright Law of the United States, Implementation Artist specifically
waives all rights in the Work specifically for the Work being fabricated and produced for the Site as intended,
which may arise or be conferred by subsection(A)of Section 106A of the United States Copyright Act, 17USC
Section 101, et sec, as provided by Section 106A(e)(1); all rights of copyright in the underlying work,
Agreement for Fabrication,Delivery and Installation of Public 11 of 30
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specifically including, but not limited to, the Artwork Design, maquettes, models, drawing or other
documentation shall remain with the Artist or copyright claimant.
7.3 Reproduction Rights.
a. In view of the intention that the Work be unique, Implementation Artist shall not make any
additional exact duplicate reproductions of the Artwork Design or the Work, except with the express written
permission of City and Artist.
ARTICLE 8
IMPLEMENTATION ARTIST AS AN INDEPENDENT CONTRACTOR
Implementation Artist shall perform all work and services hereunder as an independent contractor,and not as
an officer, agent, servant or employee of City. Implementation 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 Implementation
Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no
application as between City and Implementation Artist.
ARTICLE 9
SUBCONTRACTING
Implementation Artist may subcontract portions of the services to be provided hereunder at Implementation
Artist's expense,provided that said subcontracting shall not adversely affect the design,appearance, or visual
quality of the Work and shall be carried out under the personal supervision of Implementation Artist. Any
subcontract entered into under this Agreement shall be expressly subject to the applicable terms of this
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Agreement, including, but not limited to, all indemnification and release provisions. Implementation Artist
shall provide information regarding all subcontractors,including,but not limited to,its Implementation Artist,
along with a copy of the subcontract between Implementation Artist and each subcontractor to the Contract
Manager.
ARTICLE 10
TERMINATION
10.1. 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 Implementation 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. In the event this
Agreement is canceled by the City,pursuant to this Article 10.1,City shall be entitled,in addition to any other
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rights and remedies, to recover from Implementation Artist a sum equal in amount to the cost incurred by
Implementation Artist in providing such gratuities.
10.2. Death or Incapacity of Implementation Artist.
a. In the event that Implementation Artist becomes incapable, legally or otherwise, of performing its
duties and/or obligations under this Agreement, City shall have the right to terminate this Agreement on
payment to Implementation Artist or Implementation Artist's successors for all work and services performed
prior to incapacity. All work product produced by Implementation Artist up to the effective date of termination
shall become property of City.
b. In the event of termination under this Article 10.2, City shall have the right to complete the Work.
10.3 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 Implementation Artist pursuant to the
payment provisions in Article 3, and Implementation 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 Implementation Artist under
this Agreement,including,but not limited to,finished and unfinished drawings,sketches,photographs,models,
designs and the Work up to the effective date of termination.
C. If termination is for the convenience of Implementation Artist, City shall have the right, in its sole
discretion, to pay Implementation Artist pursuant to the payment provision in Article 3 or require the
Implementation Artist to remit to City a sum equal to all payments(if any) made to the Implementation Artist
pursuant to this Agreement prior to the effective date of termination. If City chooses to pay Implementation
Artist, then all work product produced by Implementation Artist under this Agreement, including, but not
limited to, finished and unfinished drawings, sketches, photographs, models, designs, the Work up to the
effective date of termination shall become property of City.
10.4. Termination for Cause.
a. 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 10.4 in
accordance with the dispute resolution process set forth in Article 11 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 for Fabrication,Delivery and Installation of Public 13 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
Agreement under this Article 10.4 shall not relieve the party in default of any liability for damages resulting
from a breach or a violation of the terms of this Agreement.
b. If City terminates this Agreement pursuant to this Article 10.4,then all work product produced by the
Implementation Artist shall immediately become the property of the City and the City shall have the right to
complete the Work,which shall be in addition to any and all other rights and remedies available to City at law
or in equity.
ARTICLE I 1
DISPUTE RESOLUTION
If either Implementation 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 party'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 Implementation Artist
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 10.4)
ARTICLE 12
EQUAL OPPORTUNITY
a. Implementation 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
Agreement for Fabrication,Delivery and Installation of Public 14 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
other prohibited criteria in any employment decisions relating to this Agreement,and Implementation
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 Implementation Artist noncompliance with the nondiscrimination clauses of this
Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and
Implementation Artist may be debarred from further agreements with City.
ARTICLE 13
MISCELLANEOUS
13.1. Compliance.
Implementation Artist shall comply with all Federal, State and City statutes, ordinances and regulations
applicable to the performance of Implementation Artist services under this Agreement.
13.2. 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.
13.3. 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.
13.4. 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.
13.5. 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.
13.6. 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
Implementation Artist and its respective successors and permitted assigns.
Agreement for Fabrication,Delivery and Installation of Public 15 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
13.7. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and Implementation Artist,
and any lawful successor or assign, and are not intended to create any rights,contractual or otherwise,to any
other person or entity.
13.8 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.
13.9. 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.
13.10. 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 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 Implementation 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. Any termination hereunder shall
be treated as a termination for convenience subject to Article 10.3.b.
13.11. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part
of this Agreement.
13.12. Implementation Artist's Address.
Implementation Artist shall notify the Contract Manager of changes in address.
13.13. Survivinjz Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of
Implementation Artist.
13.14. Right to Audit.
Implementation Artist agrees that City will have the right to audit the financial and business records of
Implementation 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, Implementation Artist shall make all
Records available to City on 1000 Throckmorton Street, Fort Worth, Texas or at another location in City
acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully
Agreement for Fabrication,Delivery and Installation of Public 16 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
with City during any audit. Implementation Artist shall include in all subcontractor agreements a right to audit
in favor of the City in substantially the same form as included in this Subsection 13.14.
13.15. Certified MBE/WBE.
If applicable, Implementation 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.
13.16 Survival Provision
The provisions contained in Articles 5 (Warranties),6(Indemnity and Release Provisions),7(Ownership and
Intellectual Property Rights),8 (Implementation Artist as Independent Contractor), 13.4 (Right to Audit) shall
survive the termination or expiration of this Agreement.
13.17 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.
13.18. Time Extensions
The Parties may agree, in writing,to extend or modify any of the time deadlines set forth in this Agreement.
13.19. Israel.
If Artist is a company with ten(10)or more full-time employees and if this Agreement is for$100,000 or
more,Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is
prohibited from entering into a contract with a company for goods or services unless the contract contains a
written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott Israel
during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. If applicable under this Agreement and
Artist is considered a"company,"by signing this Agreement,Artist certifies that Artist's signature provides
written verification to the City that Artist: (1)does not boycott Israel;and(2) will not boycott Israel during
the term of the Agreement.
ARTICLE 14
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:
Agreement for Fabrication,Delivery and Installation of Public 17 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
1. CITY OF FORT WORTH: Fernando Costa,Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas Street,Third Floor
Fort Worth,Texas 76102
Copies to: Sarah Fullenwider,City Attorney
Office of the City Attorney
City of Fort Worth
200 Texas Street,Third Floor
Fort Worth,Texas 76102
Martha Peters,Director of Public Art
Arts Council of Fort Worth&Tarrant County
1300 Gendy Street
Fort Worth,Texas 76107
2. IMPLEMENTATION ARTIST Gregg Nussbaum
GMK Steel Buildings,LLC
2541 South IH35
Suite 200-342
Round Rock,Texas,78664
(Signature page to follow)
Agreement for Fabrication,Delivery and Installation of Public 18 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
CITY OF FORT WORTH GMK STEEL BUILDINGS, LLC
by: by:
Fernan o Costa Gt g Nussbaum
Assistant City Manager
CONTRACT COMPLIANCE MANAGER
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Q49k�
Name: Alida Labbe
Title: Public Art Project and Capital Budget Manager
APPROVED
4u"
AS TO FORM AND LEGALITY:
-
Je ' a Williams
Assistant City Attorney <
ATTESTED BY: / F
Ronald Gonzales
Acting City Secretary
Contract Authorization:
Form 1295: 2021-810871
M&C# 21-0829
Date: I 1/09/2021
0FROA11. REC-Ukf,_
�0 Y SECC'R ETA RV
FT: WORTH,TX
Agreement for Fabrication,Delivery and Installation of Public 19 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
Exhibit A: The Artwork Design
Narrative Description
Wildflower is a public artwork inspired by the annual bloom of brightly colored wildflowers along the Texan
interstate.The piece is located at the Fort Worth East Regional Library and creates a new identity for the
library and local community while simultaneously serving as a gateway to the city.
The sculpture is composed of approximately eighty brightly painted steel structural shapes aerially
cantilevered out of the ground varying in height from five and a half feet(5'6")to over nine feet(9')tall.
Like a field of wildflowers,these verticals take on red,orange, and gold colors,in contrast to
the neutral background of the site giving the piece high visibility from a distance. Similar to how the local
agrarian fields are seen from roadways,the individual pieces are arranged to appear without an order from a
distance but reveal a uniform structure as the driver approaches. It is a grid with intention.
At the pedestrian scale,the piece encourages one to pause and explore through the field of verticals. The
curious who stop to visit the field of art find an unexpected treasure inscribed on up to eight pieces—literary
quotes selected collaboratively with the local community about the importance of public libraries.
Artwork Design
J ,
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Agreement for Fabrication,Delivery and Installation of Public 20 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
Artwork Desi n cont'd
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Quotes: Today a reader,tomorrow a leader. —Margaret Fuller
Books are a uniquely portable magic. —Stephen King
Once you learn to read, you will be forever free. —Frederick Douglass
The public library is where place and possibility meet. —Stuart Dybeck
Books are the quietest and most constant of friends. —Charles William Eliot
To the child who can read,the world's an open book. —Unknown
No act of kindness, no matter how small, is ever wasted. —Aesop Fables
We are the music makers, and we are the dreamer of dreams. —Roald Dahl
Agreement for Fabrication,Delivery and Installation of Public 21 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
Exhibit B: Artwork Location
Site: East Regional Library, 6301 Bridge Street,Fort Worth, Texas 76112
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Agreement for Fabrication,Delivery and Installation of Public 22 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
Exhibit C: Technical and Maintenance Record
GENERAL INFORMATION
Implementation Artist: G.M.K. Steel Buildings, LLC
Address: 2541 S. IH-35, Ste. 200-342
Round Rock, Tx. 78664
Telephone: 817.726.7332
Cell: same
E-mail: gregg4gmWeelbuildingc nnm
Gallery Affiliation:
Other Representation:
ARTWORK
Title of Artwork Wildflower
Project Name and Location Address:
FWPA Project Manager:
Description of Artwork: (attach separately if necessary):
Artwork Dimensions:
Height: varies 5'-6°to 9'-6° Width: varies Depth: varies
Pedestal or Pad Material: concrete _
Pedestal or Pad Dimensions:
Height: n/a Width: 12"dia. Depth: approx.ss°
Location & Description of Signature Markings (or copyright):
Agreement for Fabrication,Delivery and Installation of Public 23 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
Edition Information if applicable:
Date of Execution:
Place of Execution:
Designing Artist:
Methods/Materials Used in Execution of Artwork
Materials (list type, brand name and manufacturer of all materials; attach Material Safety&
Technical Data. Include contact names for all suppliers and attach warranty information):
steel shapes of either angles or C channels; Sherwin/Williams pro-cryl primer and sher-cryl HPA(high performance
acrylic)paint; concrete and rebar.
Construction Description: (list all Implementation Artists and any architects, engineers or other
technicians involved in the creation and installation of this artwork. Attach all warranties &
agreements)
G.M.K. Steel Buildings, LLC
Material(s) Specifications:
misc. steel angle and C channel shapes
Sherwin/Williams Pro-cryl primer and Sher-cry[paint
misc. grade 60 rebar
2500 psi concrete
Joining Methods:
N/A
Welding Rod Alloy or Joint Material &Application Method:
N/A
Casting Alloy, Wax Body, Glass or Fiber Type:
N/A
Agreement for Fabrication,Delivery and Installation of Public 24 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
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-coat of S/W Pro-Cryl primer and 2-coats S/W Sher-Cryl paint.
Pedestals,Foundations &Footings,Mounting and Attachment Applications
(List all materials used to install artwork on site. Include vendor information,parts numbers,
warranties and agreements.)
steel shapes to be set in approx. 12"dia. x 33"deep reinforced concrete footings.
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
information,parts numbers,warranties and agreements and any/all design schematics):
Installation
Installation Date:
Installation Method: (describe installation method,provide photo documentation if available. List
name and contact information of installation crew. Attach any diagrams or disassembly
instructions.)
steel shapes to be set in concrete footings and braced until concrete is set. application of 2-coats of paint thereafter.
Agreement for Fabrication,Delivery and Installation of Public 25 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
Recommended Routine Maintenance
Implementation Artist recommendation based on experience and consultation with conservation
expert
paint touch-up or repaint as necessary.
Conservation Consultant
Name:
Address:
Phone:
(Please attach Conservator's Long Term Maintenance Recommendations)
Unusual or Special Circumstances of Note
Artist's Intention
(Please describe your view of how the artwork will change over time and in response to
environmental conditions. Explain how the artwork will look in the future assists FWPA in
realizing an appropriate conservation action plan. In addition to environmental conditions public
artworks are often affected by public handling, landscaping and site changes. Please address issues
related to the life expectancy of this artwork.)
Agreement for Fabrication,Delivery and Installation of Public 26 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
Exhibit D: Affidavit
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 ,20_.
Notary Public, State of California
Print Name
Commission Expires
Agreement for Fabrication,Delivery and Installation of Public 27 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
Exhibit E: Sales Tax Exemption
��ne IFC+r�•tac:}
Texas Sales and Use Tax Exemption Certification
This certificate does not require a numborto be valid.
rfsmn M(wnlmsar,Nm cr opanry
City of Fort Worth,Texas
Addmes(S(reet&numbn,P.U.SaYorRQACnumbw) FhrnefAwC':*jY'0i4wMW#
200 Texas Street 817-382-8517
crtf'Wta,nPcMo
Fort Worth,Texas 76102
I,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable
iteois described below or on Die attached order or Invoice) from:
Seller. All Vendors
Street address: City,State,ZIP code:
Va&e ipilon of items to be purchaced Of an the atlached order or Wwalco:
All items.Purchaser acknowledges that this Qerti6cate cannot be used for the purchase lease or rental of a motor
yehicl%
Purchaser claims this exemption for the foe iing reason;
Municipality,Qavemmental Entity
understand that I vdli be liable for payment of all state and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code andlor all applicable lava_
Iul3dor$tirndfhaf itiSa CrNnG)�9ta//MiSC!fe(�iV4tNi4kM11t?tt4J}CGYiifk:at0 fGltlQ Sdt4iliS)/'ltlxtGfo RBnrs that t hrr<rrN�rlthe lame ofpurchese,
w18bs usedkiamanrterafhertban thatexpressedInthisrertirkate,anddepenrrogron the amountoftaxevaded,the offense mayrange
four a Class C nVsdamoanor to a fatony of the second degme-
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NOTE: This certificate cannot be issued for the purchase,lease,or rental of a motor vehicle.
THis CERTIFICATE DOEs NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax"Exemption Numbers"or"fax Exempt"Numbers do not exist.
This certificate should be furnished to the supplier.
Do 114t send the completed certificate to the Comptroller of Public Accounts.
Agreement for Fabrication,Delivery and Installation of Public 28 of 30
Artwork between the City of Fort Worth and GNIK Steel Buildings,LLC
Exhibit F: Insurance Requirements
PUBLIC ART PROJECTS-INSURANCE REQUIREMENTS
Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication,
transportation, and/or installation of the Work,then Artist shall also require his/her 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.
Bailee's/Property(if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest
appraised value of the Artwork, which is entrusted to the Artist and is considered to be in the Artist's care,
custody,and control and shall include property"in transit."
Automobile Liability
$1,000,000 Each accident
or
$250,000 Bodily Injury per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on "Any Auto," defined as autos owned,hired and non-
owned.
For Artist and/or Artist's Subcontractors who have employees: Workers'Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Bodily Injury/Disease-policy limit
Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas
workers' Compensation Act(Art. 8308— 1.01 et seq. Tex.Rev. Civ. Stat.).
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.
Agreement for Fabrication,Delivery and Installation of Public 29 of 30
Artwork between the City of Fort Worth and GNM Steel Buildings,LLC
Artist 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.
The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery)in favor of the
City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of
Texas. If the subcontractor is an international entity and carries insurance through an international insurance
company, then the subcontractor must obtain language on their certificate of insurance confirming that its
insurance policy extends coverage to operations in the United States. 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.
Agreement for Fabrication,Delivery and Installation of Public 30 of 30
Artwork between the City of Fort Worth and GMK Steel Buildings,LLC
11/17/21,2:10 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTTII
DATE: 11/9/2021 REFERENCE**M&C 21- LOG NAME:03EAST REGIONAL LIBRARY PUBLIC
NO.: 0829 ART IMPLEMENTATION
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 4) Authorize Execution of an Artwork Implementation Agreement with GMK Steel
Buildings LLC for a Sculptural Installation Titled Wildflower Designed by FYOOG LLC for
the East Regional Library Project, 6301 Bridge Street, 76112, in an Amount of
$103,600.00 for Fabrication, Delivery, Installation and Contingencies
RECOMMENDATION:
It is recommended that the City Council authorize execution of an artwork implementation agreement with
GMK Steel Buildings LLC for a sculptural installation titled Wildflower designed by FYOOG LLC for the East
Regional Library project, 6301 Bridge Street, 76112, in an amount of$103,600.00 for fabrication, delivery,
installation and contingencies.
DISCUSSION:
On March 2, 2021, City Council authorized the execution of an Artwork Commission Contract with FYOOG
LLC to fabricate and installation a sculptural installation titled Wildflower for the East Regional Library (M&C
21-0136). During subsequent contract negotiations, FYOOG LLC stated that they did not have the capacity
to undertake this contract at this time. The artists instead recommended that the City directly contract with
company that would have been their subcontractor, GMK Steel Buildings LLC, as they have a long working
relationship and trust that their vision will be implemented according to their design. The purpose of this
M&C is to authorize an artwork implementation contract with GMK Steel Buildings LLC so that the artwork
may be fabricated and installed as soon as possible.
Fort Worth Art Commission (FWAC) Recent Actions:
On December 14, 2020, the FWAC approved the artists' final design, with revisions that address previously
unknown site conditions.
On August 16, 2021, the FWAC recommended that design artist team FYOOG LLC's designee, GMK Steel
Buildings LLC, be contracted to implement the design.
The project is included in the Fort Worth Public Art Fiscal Year 2021 Annual Work Plan, adopted by the Fort
Worth City Council on September 22, 2020 (M&C 20-0678).
All permits required for this project shall be obtained, however, the City shall waive any fees for these
permits as this project is funded by City bond funds.
Annual maintenance on this project is anticipated to be $1,800.00.
PROJECT BUDGET AMOUNT -"F-----CONTRACT
Artist Original Design Contract $3,500.00 CSC #46687
Artist Second Selection Process $900.00 CSC #5087, 50821, 50808
Artist Professional Services Contract $2,000.00 CSC #54597
(for new cost estimate)
Implementation Contract (including $103,600.00 This M&C
contingencies)
TOTAL $110,000.00
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11/17121,2:10 PM M&C Review
FUNDING SOURCE AMOUNT
Specially Funded Capital Projects F6n,]F
$110,000.00
TOTAL $110,000.00
BUSINESS DIVERSITY -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.
Council Member Cary Moon concurs with the FWAC's recommendation to proceed with the Commission of
the East Regional Library Public Art project.
This project is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Specially Funded Projects Fund for the East Regional Library Public Art project to
support the approval of the above recommendation and execution of the commission contract. Prior to any
expenditure being incurred, the Planning & Data Analytics Department has the responsibility to validate the
availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 21
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Mark McAvoy (6222)
Additional Information Contact: Martha Peters (817-298-3025)
ATTACHMENTS
GMK E Regional Library MC Attachment.pdf
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