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HomeMy WebLinkAboutContract 41430--, ' . CITY SECRETARY CONTRACT NO . 4 ! ::±0 0 AGREEMENT FOR COMMISSION OF PUBLIC ART WORK FOR THE WEST SIDE WATER TREATMENT FACILITY BETWEEN THE CITY OF FORT WORTH AND JULIE LAZARUS This Agreement is entered into this I \ti-. day of J~ Cl>wt , 2011 , (the "Effective Date") by and between the CITY OF FORT WORTH , a home -rule municipal corporation of the State of Texas (the "City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and JULIE LAZARUS , an individual , (the "Artist") of 3955 Altura Court, Fort Worth , TX 76109 . The City has designated the ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY, Inc., (the "Contract Manager") to manage this AGREEMENT on its behalf. The Contract Manager shall act through Anne Allen , its designated Public Art Project Manager. WHEREAS , the City is implementing the Fort Worth Public Art Program pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances in order to create an enhanced visual environment for Fort Worth residents , to commemorate the City 's rich cultural and ethnic diversity , to integrate the design work of 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 City is constructing a new Westside Water Treatment Plant at 12200 Old Weatherford Road near Chapel Creek Boulevard , as shown on the depiction attached hereto as Exhibit "A" (the "Site "); WHEREAS , the plant, designed by CDM and Komatsu Architects , will use cutting edge membrane technology coupled with conventional treatment standards to produce high quality drinking water to keep up with the demands of the rapidly growing city , in a 50 ,000 -60 ,000 square foot administration building that will welcome tour groups and visitors with an open two-story height lobby with a glass curtain wall and slate floors; WHEREAS , the Fort Worth Art Commission (the "FWAC") has recommended funds from the Specially Funded Capital Projects Fund in both its Fiscal Year 2010 & 2011 Annual Work Plan , which City Council approved on October 6 , 2009 , (M&C G-16725) and October 19 , 2010 , (M&C C-24554), to design and implement public art for the Westside Water Treatment Plant (the "Work"); WHEREAS , the Artist's final design for the Work , attached hereto as Exhibit "B ," approved by the FW AC on October 11 , 2010 , consists of following two components that use translucent , rich Lazaru s Commission Contract Page 1 of33 -_.-'I I: OFFICIAL RECORD CITY SECRETARY FTi WORTH, TX i hues of blue and subtle abstracted imagery to capture the essence of the Site 's state-of-the-art filtration and purification processes: (1) an oil painting approximately 8 '2" high x 9 ' wide that will be installed inside the building 's lobby , and (2) a glass mosaic mural approximately 5 ' high x 35 ' wide that will be installed into the curved concrete wall that wraps the building entry ramp (the "Final Design"); WHEREAS, the City and the Artist wish to set out the terms and conditions under which said Work shall be fabricated and installed to promote the integrity of the Artist's ideas and statements as represented by the Final Design . NOW, THEREFORE , the City and the 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 SCOPE OF SERVICES 1.1. General 1.2. a. The Artist shall perform all services and will furnish all supplies , materials , and equipment as necessary to fabricate , deliver, and install the Work , as set forth in Section 1.4 . Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b . The Artist shall determine the artistic expression, scope, design , color, size , material , and texture of the Work , subject to review and acceptance by the City as set forth in this Agreement. The location at the Site where the Work shall be installed shall be mutually agreed upon by the City and the Artist. c . The Artist shall make two trips to Artist 's Sub-Contractor to view the mosaic during its fabrication. The Artist shall make the first trip at the commencement of fabrication , and the second trip at 75% completion of fabrication , or at a date and time mutually agreed upon by the Artist and the Artist's Sub Contractor. d. The Artist shall install the Work on dates and at times mutually agreed upon by the Artist and the City. e. The Artist shall participate in one public education event in Fort Worth at a mutually agreed upon date and time. Design Approval Lazarus Commission Contract Page 2 of33 T • The City and the Artist acknowledge that the Artist's Final Design was reviewed and approved by the FW AC on October 11 , 2010 , as the basis for executing this Agreement. 1.3. Execution of the Work a. Upon execution of this Agreement , the Artist shall promptly furnish to the Contract Manager a schedule ("Schedule") for the completion of the fabrication and installation of the Work, including a schedule for the submission of progress reports , as required. After written approval of the Schedule by the City , the Artist shall fabricate , deliver , and install the Work in accordance with such Schedule . Schedule changes may be accomplished by written agreement between the Artist and the City . b. The City and the Contract Manager , upon written request , shall have the right to review the Work during its fabrication and/or request visual documentation of the fabrication . The Artist shall , upon written request by the 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. The Artist shall comply with any request made by the City and/or the Contract Manager pursuant to this section 1.3(b) within thirty-five (35) days after the City sends such notice. c. The Artist shall complete the fabrication of the Work in substantial conformity with the Final Design. However, the Artist may present to the City and/or the Contract Manager, in writing , for further review and approval , any significant changes in the scope , composition, design , color, size , material , or texture of the Work not in substantial conformity with the Final Design. The Contract Manager shall , in light of the Final Design, determine whether a significant change requires City approval. 1.4. Delivery and Installation a. Construction of the interior art niche and the exterior concrete wall where the mosaic will be installed (collectively , the "Artwork Sites"), including the design , engineering , and labor associated with preparing the Artwork Sites shall be performed by others , and shall be done in accordance with the specifications jointly agreed to by the Artist and the City 's Consultants , CDM and Komatsu Architects. These specifications will be incorporated into the construction documents that will be executed by the City for construction of the Site (the "Construction Contract"). Lazaru s Commission Contract Page 3 of33 ' T i b. As an extension of item l .4a., the Artist and the Artist's Sub-Contractor may inspect the Artwork Sites and , if needed , request reasonable changes to the finish of the outside concrete wall where the glass mosaic mural will be installed. c . The Artist shall notify the City, through its Contract Manager, in writing , when fabrication of the Work is completed and ready for delivery and installation at the Site. d. The Artist is responsible for installing all elements of the Work, including , but not limited to , the interior oil painting and the exterior mosaic. The Artist shall coordinate the installation of the Work , including, but not limited to , the components of the Work, with the City's Construction Manager to ensure proper installation at the correct time in the construction schedule . e . The Artist shall deliver and install the completed Work at the Site in compliance with the Schedule; provided , however, that delivery and installation activities may not commence until written permission is delivered to the Artist by the Contract Manager. f. Should the Artist complete the Work in advance of the completion of the Site , the Artist shall store the Work at no expense to the City until such a time as the Site is completed and the Contract Manager notifies the Artist that installation may commence. g. The Artist, individually and through its subcontractors , including its fabricator , shall take all necessary precautions to protect and preserve the integrity and finish of the Site while delivering and installing the Work. The Artist shall repair any damage to the Site due to delivery , installation , and /or the Artist's negligence or the negligence of the Artist's subcontractors . h. Prior to installation of the Work, Artist shall consult with a qualified art conservator and provide to the Contract Manager written instructions for appropriate maintenance and preservation of the Work on the form attached hereto as Exhibit "C" (Technical and Maintenance Record). The appropriate maintenance and preservation instructions shall not be substantially different from the maintenance and preservation anticipated and conveyed to the City for the Work in the final design phase for the Work. [NOTE : The written instructions provided during the final design phase of this project may fulfill all or part of this requirement to th e extent that such instructions represent the final Technical and Maintenance Record}. 1.5. Post-installation Lazarus Commission Contract Page 4 of33 . 7 i a. Within thirty (30) days after the installation of the Work or the opening of the facility , the Artist shall furnish the Contract Manager with a set of at least ten (10) high-resolution digital images (.tiff format) and ten low-resolution digital images (.jpeg format) showing all components of the Work from at least two vantage points , including detail shots of the mosaic and the painting , as selected by the Contract Manager to document the project after the Work is installed. b. The Artist shall be available at such time or times as may be agreed between the City and the Artist to attend any inauguration or presentation ceremonies relating to the transfer of the Work to the City. The Contract Manager shall publicize the completed Work as soon as practicable following installation. 1.6. Final Acceptance a. The Artist shall notify the City in writing when all services required have been completed in substantial conformity with the Final Design. Included in such notice from the 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. The City shall notify the Artist in writing of its final acceptance of the Work ("Final Acceptance"). c. Final Acceptance shall be effective as of the earlier to occur of (1) the date of the City's notification of Final Acceptance ; or, (2) the 35th day after the Artist has sent the written notice to the City required under Section 1.6.a, unless the City , upon receipt of such notice and prior to the expiration of the 35-day period, gives the Artist written notice specifying and describing the services that have not been completed. 1.7. Risk of Loss The risk of loss or damage to the Work shall be borne by the Artist prior to Final Acceptance, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until Final Acceptance , including , but not limited to , the purchase of property loss insurance , except that the risk of loss or damage shall be borne by the City or its agents prior to Final Acceptance during such periods of time as the partially or wholly completed Work is in the custody , control , or supervision of the City or its agents for the purposes of moving , storing , or performing any other ancillary services to the Work. ARTICLE2 COMPENSATION AND PAYMENT SCHEDULE Lazarus Commiss ion Contract Page 5 of33 2.1. Fee The City shall pay the Artist a fee in the amount of ONE HUNDRED ELEVEN THOUSAND SEVEN HUNDRED EIGHTY DOLLARS AND NO CENTS ($111,780.00) (collectively , the "Fee"), which shall constitute full compensation for all services to be performed and materials to be furnished by the Artist under this Agreement , inclusive of fabrication , transportation , installation, Artist's fees , insurance , incidental costs , all travel expenses , and any and all other associated costs . The Fee shall be paid in the following manner: a. FIFTY THOUSAND THREE HUNDRED ONE DOLLARS AND NO CENTS ($50,301.00) upon full execution of this Agreement so that materials may be purchased and fabrication begun. b. NINETEEN THOUSAND FIVE HUNDRED SIXTY-TWO DOLLARS ($19,562) upon the Contract Manager 's verification that the mosaic is 50% complete. c. NINETEEN THOUSAND FIVE HUNDRED SIXTY-TWO DOLLARS ($19,562) upon the Contract Manager's verification that the oil on canvas painting is 100% complete and ready to install. d. SIXTEEN THOUSAND SEVEN HUNDRED SIXTY-SIX DOLLARS ($16,766) upon the Contract Manager's verification that the mosaic is 100% complete and ready to install. e. FIVE THOUSAND FIVE HUNDRED EIGHTY-NINE DOLLARS AND NO CENTS ($5,589.00) within thirty-five (35) days after Final Acceptance and receipt by the City of such documentation it may require concerning payment of supplies and services rendered to the Artist [see Section 1.6 (a)]. 2.2. Sales Taxes The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon Work. The City shall supply the Artist with the "Texas Sales Tax and Local Sales Tax Exemption Certificate ," in substantially the same form as that attached hereto and incorporated herein as Exhibit "E" for use by the Artist in the fulfillment of this Agreement. Lazarus Commission Contract Page 6 of33 'i 2.3 . Artist 's Expenses The Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement , including, but not limited to services , materials , mailing/shipping charges , and insurance on submissions to the City , cost of all travel , insurance , and costs for the Artist 's agents , consultants , and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1. 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 the Artist by the City, whichever is later. 3.2. Duration The services to be required of the Artist set forth in Article 1 shall be completed in accordance with the Schedule ; provided, however , such time limits may be extended or otherwise modified by written agreement between the Artist and the City. 3 .3. Early Completion of Artist Services The 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. 3.4. Time Extensions; Force Maieure The City or the 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 ; pro vided , however , that such obligations shall be suspended only for the duration of such conditions. 4.1. Warranties of Title The Artist represents and warrants that: Lazaru s Commission Contract Page 7 of33 ARTICLE4 WARRANTIES 4.2 a. the Work shall be the original product of the Artist 's sole creative efforts. b. the Work is and will be unique and original , and does not infringe upon any copyright or the rights of any person; c. the Work ( or duplicate thereof) has not been accepted for sale elsewhere ; d. the Artist has not sold, assigned , transferred, licensed, granted, encumbered, or utilized the Work or any element thereof or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; e. the Work is free and clear of any liens from any source whatsoever ; f. the Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; g. all services performed hereunder shall be performed in accordance with all applicable laws , regulations , ordinances , etc., and with all necessary care , skill and diligence ; h. the Artist shall assume the defense of, and INDEMNIFY AND HOLD HARMLESS, THE CITY, ITS REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS 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 IT MAY BE SUBJECTED ARISING OUT OF THE CITY'S USE OR POSSESSION OF THE WORK BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. Warranties of Quality and Condition a. 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. 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 , the City observes any breach of warranty described in this Section 4.2 that is curable by the Artist, the City shall give written notice to the Artist of such breach with reasonable promptness. The Artist shall, at the request of the City, cure the breach satisfactorily and consistent with professional conservation and /or construction standards , including, but not limited to , the standards set forth by the City, Lazarus Commission Contract Page 8 of33 within thirty (30) days (unless the parties agree otherwise in writing) after receipt of the written notice , at no expense to the City. d. If, after one year from Final Acceptance , the City observes any breach of warranty described in this Section 4.2 that is curable by the Artist, the City shall give written notice to the Artist to make or supervise repairs or restorations at a reasonable fee during the Artist's lifetime. The Artist shall notify the City , in writing, within thirty (30) days after receipt of the notice as to whether the Artist will make or supervise the repairs or restorations. Should the Artist fail to respond within the thirty-day (30) deadline or be unwilling to accept reasonable compensation under the industry standard , the City may seek the services of a qualified restorative conservator and maintenance expert. e. If, within one year after Final Acceptance , the City observes any breach of warranty described in this Section 4.2 that is not curable by the Artist , the Artist is responsible for reimbursing the City for damages , expenses , and losses incurred by the City as a result of the breach . However, if the Artist disclosed the risk of this breach in the proposal and the City accepted that it may occur, it shall not be deemed a breach for purposes of this Section 4.2. f. Acceptable Standard of Display. The Artist represents and warrants that: 1. 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. 11. 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. m. 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. 1v. Manufacturer's Warranties . To the extent the Work incorporates products covered by a manufacturer's warranty , the Artist shall provide copies of such warranties to the City. Lazarus Commission Contract Page 9 of33 ; 4 .3 g . The foregoing warranties are conditional , and shall be voided by the failure of the City to maintain the Work in accordance with the Artist's specifications and the applicable conservation standards. If the City fails to maintain the Work in good condition, the Artist , in addition to other rights or remedies the Artist may have in equity or at law , shall have the right to disown the Work as the Artist's creation and request that all credits be removed from the Work and reproductions thereof until the Work 's condition is satisfactorily repaired. Survival of Representations and Warranties These representations and warranties shall survive the termination or other extinction of this Agreement. ARTICLE 5 INSURANCE AND INDEMNITY 5 .1. General The Artist shall carry insurance as set out in Exhibit "F." Except as provided in Section 1.7 hereof, the risk of damage to or loss of the Work shall , during fabrication and installation but prior to Final Acceptance , be solely that of the Artist. This risk shall transfer to the City and shall no longer be the responsibility of the Artist upon Final Acceptance. 5 .2. Performance Bonds The Artist shall not be required by the City to post any performance bonds or similar undertakings. 5.3 . Indemnity a. THE ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS , AND DEFEND , AT ITS OWN EXPENSE , THE CITY AND ITS REPRES ENTATIVES , OFFICERS , AGENTS , SERVANTS , AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO , DEATH , TO ANY AND ALL PERSONS , OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED , ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS , ACTIVITIES , AND SERVICES DESCRIBED HEREIN , PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY THE ARTIST'S NEGLIGENCE OR WILFUL MISCONDUCT; AND THE ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF THE CITY AND Lazarus Commiss ion Contract Page 10 of33 • 'i ' . ITS REPRESENTATIVES , OFFICERS , AGENTS , SERVANTS , AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING , BUT NOT LIMITED TO , DEATH , TO ANY AND ALL PERSONS , OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED , ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS , ACTIVITIES , AND SERVICES DESCRIBED HEREIN , PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY ARTIST'S NEGLIGENCE OR WILFUL MISCONDUCT. THE ARTIST LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE, OR DESTRUCTION OF PROPERTY OF CITY , ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF THE ARTIST , ITS OFFICERS , MEMBERS , AGENTS , EMPLOYEES , SUBCONTRACTORS , INVITEES , LICENSEES , OR PROGRAM PARTICIPANTS. B. THE ARTIST AGREES TO AND SHALL RELEASE CITY, ITS REPRESENTATIVES , AGENTS , EMPLOYEES , OFFICERS , AND LEGAL REPRESENTATIVES FROM ANY AND ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED BY THE ARTIST IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. c. The Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of the City in substantially the same form as above . e. All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1 . Title Title to the Work, including, but not limited to , all documents , models and/or drawings that constitute or are components of the Conceptual Proposal and the Final Design, shall pass to the City upon Final Acceptance and payment for the Work. These documents , models , and/or drawings will be retained for archival and exhibition purposes. The Artist 's Final Design and all other work Lazarus Commi ssion Contract Page I I of33 7 products under this Agreement shall become the property of the City , without restriction on future use , except as provided below. 6.2 Copyright Ownership The Artist retains all rights under the Copyright Act of 1976 , 17 U.S.C. Section 101 et seq., as the sole author of the Work for the duration of the copyright. 6.3 Reproduction Rights a. In view of the intention that the final Work be umque , the Artist shall not make any additional exact duplicate reproductions of the final Work , nor shall Artist grant permission to others to do so except with the express written permission of City. However, nothing herein shall prevent the Artist from creating future artworks in the Artist's manner and style of artistic expression. b. By execution of this Agreement, the Artist grants to the City a perpetual , irrevocable license to graphically depict or display the Work for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the Work intended to promote or benefit City, its public services or its public purposes , regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by the City, shall be deemed a non-commercial purpose. Notwithstanding the above limitation, the Artist agrees and understands that nothing in this paragraph shall affect or limit the City 's absolute , unrestricted rights incidental to the City's full ownership of the Work to alter, change , modify, destroy , remove , move , replace, operate , maintain, transport, sell or transfer , in whole or in part, the Work when the City deems it necessary within its discretion , in order to otherwise exercise the City's powers and responsibility in regard to public works and improvements , in furtherance of the City's operations or for any other reason. c. All reproductions by City shall contain a credit to the Artist and a copyright notice substantially in the following form: "© date , Artist 's name." d. Unless notified otherwise by the City , the Artist shall use the Artist's best efforts in any public showing or resume use of reproductions to give acknowledgment to the City in substantially the following form: "an original artwork commissioned by and in the public art collection of the City of Fort Worth , Texas." e. The Artist shall , at the Artist 's expense , cause to be registered with the United States Register of Copyrights , a copyright in the Work in the Artist 's name. Lazarus Commission Contract Page 12 of33 f. The City is not responsible for any third party infringement of the Artist's copyright and not responsible for protecting the intellectual property rights of the Artist. ARTICLE 7 ARTIST'S RIGHTS 7.1. Identification The Contract Manager shall include credit to the Artist on the Fort Worth Public Art website (www.fwpublicart.org) and a permanent plaque at the site . 7 .2. Maintenance The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work. The City shall reasonably assure that the Work is properly maintained and protected, taking into account the maintenance instructions provided by the Artist in accordance with Section 1.4 and Exhibit "C ", Technical and Maintenance Record. 7.3. Repairs and Restoration a. The City shall have the right to determine when and if repairs and restorations to the Work will be made. During the Artist 's lifetime and to the extent practicable, the City shall give the Artist the right to approve all major repairs and restorations; provided, however, the Artist shall not unreasonably withhold approval for any repair or restoration of the Work. Should Artist unreasonably withhold approval of any intended major repair or restoration, the City shall have the right to make such repair or restoration . To the extent practicable, the Artist, during the Artist 's lifetime, shall be given the opportunity to make or personally supervise major repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist shall agree , in writing, prior to commencement of any significant repairs and restorations , upon the Artist's fee for such services. Should the Artist fail to agree to make or supervise the repairs and restorations , the City shall have the right to choose another entity or person to assist with the restoration and/or repairs or make said repairs by the City . b. All repairs and restorations shall be made in accordance with recognized principles of conservation and in accordance with professional conservation and/or construction standards, including, but not limited to , the standards set forth by the City. c. When emergency repairs are necessary to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by the City without advance notice to the Artist, and such repairs shall not be deemed to constitute artistic alteration. Lazarus Commission Contract Page 13 of33 7 7.4. Alteration of the Work or of the Site a. In the event that the Work is incorporated into a building, structure , or realty , the installation of the Work may subject the Work to destruction , distortion, mutilation , or other modification by reason of its removal. If removal of the Work would damage either the Work or the Site , the City shall have the right to remove the Work by any means , including, but not limited to , destruction , in performing maintenance , repair , renovation, or reconstruction of the building, structure, or in devoting realty to a new use. b. In the event that the Work is freestanding , or incorporated into a building , structure , or realty such that it may be removed without damaging or destroying the Work or the building or structure , the Artist may be given written notice and ninety (90) days to remove the Work at his or her sole expense . Upon Artist 's failure to remove the Work , the City shall have the right to remove and dispose of the Work by any means , including its destruction. c. The City agrees that it will not willfully destroy , damage , or modify the work , except as provided in paragraphs a. and b. above. d. In the event the Work is substantially damaged or altered , the City shall no longer represent the Work as that of the Artist if the Artist gives written notice to the City that it is the position of the Artist to deny authorship on the grounds stated in this paragraph. e. The City shall , at all times , have the right to move the Work, or remove it from public display. The City shall also have the right to sell or trade the Work. 7.5. Permanent Record The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Work. 7.6. Artist's Address The Artist shall notify the City of changes in the address set forth in Article 13. The failure to do so , if such failure prevents the City from locating the Artist , shall be deemed a waiver by the Artist of the right subsequently to enforce these provisions of Article 7 that require the express approval of the Artist. Notwithstanding this provision, the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist's rights . 7.7. Additional Rights and Remedies Nothing contained in this Article 7 shall be construed as a limitation on such other rights and remedies available to the Artist under the law , which may now or in the future be applicable. Lazaru s Commission Contract Page 14 of33 ARTICLE 8 ARTIST AS AN INDEPENDENT CONTRACTOR The Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City . The Artist shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same , and shall be solely responsible for the acts and omissions of his /her officers , agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Artist, his/her officers , agents , employees ~nd subcontractors , and the doctrine of respondeat superior has no application as between the City and the Artist. ARTICLE 9 SUBCONTRACTING The Artist may subcontract portions of the services to be provided hereunder at the 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 the Artist. Any subcontract entered into under this Agreement shall be expressly subject to the terms of this Agreement. The Artist shall provide information regarding all subcontractors, including, but not limited to , its fabricator, along with a copy of the subcontract between the Artist and each subcontractor. ARTICLE 10 TERMINATION 10.1 . Gratuities The City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts , or otherwise were offered or given by the Artist or any agent or representative to any City 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 Section 10.1, the City shall be entitled, in addition to any other rights and remedies , to recover from the Artist a sum equal in amount to the cost incurred by the Artist in providing such gratuities. 10.2. Termination for Cause If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants , agreements , or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of the intent to terminate , specifying the grounds for Lazarus Commission Contract Page 15 of33 termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default (the "Cure Period "). If the default is not cured during the Cure Period , then this Agreement shall terminate. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 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) days before termination. The notice shall specify whether the termination is for convenience or cause. b. If the termination is for the convenience of the City, the Artist shall have the right to an equitable adjustment in the fee (without allowance for anticipated profit on unperformed services), in which event the City shall have the right at its discretion to possession and transfer of title to the sketches , designs , and/or models already prepared and submitted or presented for submission to the City by the Artist under this Agreement prior to the date of termination, provided that no right to fabricate or execute the Work shall pass to the City . c. If termination is for the convenience of the Artist , the Artist shall remit to the City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to termination. 10.4. Incapacity of Artist a. In the event of the Artist's death or the Artist becoming physically or legally incapacitated during the term of this Agreement, the City shall have the right to terminate this Agreement on payment to the Artist or the Artist's successors for all work and services performed prior to death or incapacity. All finished and unfinished drawings , sketches, photographs , models , and/or work shall become property of the City. b. Should Artist 's design have been approved or if the Artist's work has progressed to the point of fabrication of the Work, in the event of termination under this Section 10.4 , the City shall have the right to complete the Work . Due regard shall be made for the Artist 's intended results and proper credit and acknowledgement shall be given to the Artist. ARTICLE 11 EQUAL OPPORTUNITY a. The Artist shall not discriminate against any employee or applicant for employment because of age , disability , race , color, religion , sex , sexual orientation , national origin , familial Lazarus Commiss ion Contract Page 16 of33 status, transgender, gender identity , or gender expression. The Artist shall take affirmative action to ensure that employees are treated equally during employment, without regard to their age , disability, race , color, religion , sex , sexual orientation, national origin , familial status , transgender, gender identity, or gender expression . Such action shall include , but not be limited to, the following: Employment, upgrading , demotion, transfer , recruitment or pay or other forms of compensations , and selection for training , including , but not limited to , apprenticeship . The Artist agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by the City setting forth the provision of this nondiscrimination clause . b. The Artist shall , in all solicitation or advertisements for employment placed on or on behalf of the Artist, state that all qualified applicants shall receive consideration for employment without regard to race , color, religion, sex , sexual orientation, national origin , familial status, transgender , gender identity , or gender expression. c. The Artist shall furnish all information and reports requested by the City of Fort Worth, and shall permit access to its books , records , and accounts for purposes of investigation to ascertain compliance with such rules and regulations . d. In the event of the Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled , terminated , or suspended in whole or in part , and the Artist may be debarred from further agreements with the City of Fort Worth. ARTICLE 12 MISCELLANEOUS 12.1. Compliance The Artist shall be required to comply with Federal , State, and City statutes, ordinances , and regulations applicable to the performance of the Artist's services under this Agreement. 12.2 Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto , and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby . 12.3. Amendments No alteration, change, modification , or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of the City. Lazarus Commission Contract Page 17 of33 .. 12.4. 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 . 12.5. Governing Law and Venue This Agreement, regardless of where executed or performed , shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any litigation arising from this Agreement shall be in Tarrant County , Texas. 12.6. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective successors and assigns. 12.7. No Third-Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and the Artist , and any lawful successor or assign , and are not intended to create any rights , contractual or otherwise , to any other person or entity. 12.8. Severability If any provision of this Agreement shall be held to be invalid, illegal or unenforceable , the validity , legality , and enforceability of the remaining provisions shall not in any way be affected or impaired. 12.9. Contract Construction The parties acknowledge that each party and , if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto . 12.10. Fiscal Funding Out If for any reason at any time during any term of this Agreement the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to the Artist of written notice of the City 's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 12.11. Captions Lazarus Commi ssion Contract Page 18 of33 Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 12 .12. Artist's Address The Artist shall notify the Contract Manager of changes in address. 12 .13. Surviving Covenants The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of the Artist. 12.14. Right to Audit The Artist agrees that the City will have the right to audit the financial and business records of the Artist that relate to the Work (collectively "Records") at any time during the Term of this Agreement and for 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 Section 12.14 shall survive the expiration or earlier termination of this Agreement. 12.15. Certified MWBE If applicable , Artist shall make its best effort to become a certified Minority/Women Business Enterprise (M/WBE) firm with a certifying agency whose certification is accepted by the City under the City's M/WBE ordinance. 12.16 Survival Provision The provisions contained in Articles 4, 5, and 8 shall survive the termination or expiration of this Agreement. 12.17 Public Information Act The Artist understands and acknowledges that the City is a public entity under the laws of the State of Texas and, as such, all documents held by the City are subject to disclosure under Chapter 552 of the Texas Government Code. The Artist shall clearly indicate to the City what information it deems proprietary. If the City is required to disclose any documents that may reveal any of the 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, the City will notify the Artist prior to disclosure of such documents, and give the Artist the opportunity to submit reasons for objections to disclosure. The City agrees to restrict access to the Artist's information to those Lazarus Commission Contract Page 19 of33 • persons within its organization who have a need to know for purposes of management of this Agreement. The 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. The City will use its best efforts to secure and protect the Artist's information in the same manner and to the same degree it protects its own proprietary information ; however , the City does not guarantee that any information deemed proprietary by the 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. ARTICLE 13 NOTICES All notices , requests , demands , and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be , if delivered personally or sent by registered or certified mail , return receipt requested , postage prepaid , as follows: 1. CITY OF FORT WORTH: Fernando Costa, Assistant City Manager Copies to: 2 . ARTIST Lazarus Commission Contract Page 20 of33 City Manager 's Office City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth , Texas 76102 Sarah Fullenwider, City Attorney Office of the City Attorney City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth , Texas 76102 Anne Allen, Public Art Project Manager Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, Texas 76107 Julie Lazarus .. 3955 Altura Court Fort Worth, Texas 76109 [SIGNATURES APPEAR ON FOLLOWING PAGE] Lazarus Commission Contract Page 21 of33 IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the as of the Effective Date. CITY OF FORT WORTH by: Fernando Costa Assistant City Manager APPROVED AS TO FORM: T~ Assistant City Attorney Contract Authorization: M&C # C-24688 Date : January 25 , 2011 Lazarus Commission Contract Page 22 of33 ARTIST J~azarus Individual OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX • I, Front Elevation Side Elevation • KOMATSU A tcw ,1tc 1 vt1: Lazaru s Co mmi ss ion Co nt ra ct Page 23 of 33 Exhibit A: Site , . .. Interior Oil on Canvas: "' , l '-0" Exhibit B: Artist's Final Design Pa int ing in Art ich e ' , , '-rt' Mockup of Painting on Wall Lazarus Commission Contract Page 24 of 33 Exterior Mosaic (to be installed on concrete wall): Lazarus Commission Contract Page 25 of 33 Mosaic Wall - / I Exhibit C: Technical and Maintenance Record GENERAL INFORMATION Artist: -------------------------Address: ------------------------ Telephone: ________________ ~------ Cell: --------------------------E-mail : -------------------------Ga 11 er y Affiliation : ____________________ _ Other Representation: ___________________ _ ARTWORK Title of Artwork : ---------------------- Project Name and Location Address : FWPA Project Manager: __________________ _ Description of Artwork : (attach separately if necessary): Artwork Dimensions: Height: ________ Width: _________ Depth: _____ _ Pedestal or Pad Material: ----------------------- Pedestal or Pad Dimensions: Height: Width : Depth: ------ Location & Description of Signature Markings ( or copyright): Edition Information if applicable: ______________________ _ Date of Execution: ------------------------- Place of Execution : ------------------------- Co 11 ab orating Artist: ------------------------- Fabricator (if other than artist) --------------------- Fabricator Address: ------------------------- Lazarus Commission Contract Page 26 of33 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): 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) Material(s) Specifications: Joining Methods: Welding Rod Alloy or Joint Material & Application Method: Casting Alloy, Wax Body, Glass or Fiber Type : Lazarus Commission Contract Page 27 of33 f \ 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): Pedestals, Foundations & Footings, Mounting and Attachment Applications (List all materials used to install artwork on site. Include vendor information, parts numbers , warranties and agreements.) 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.) Lazarus Commission Contract Page 28 of33 t ' Recommended Routine Maintenance Artist recommendation based on experience and consultation with conservation expert Artist 's 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. The artist's vision of how the artwork will look in the future assists FWP A 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 clearly detail your expectations for this artwork. Please address issues related to the life expectancy of this artwork. Lazarus Commission Contract Page 29 of33 Date : Affiant : Purchaser: Property: Exhibit D: Affidavit AFFIDAVIT OF BILLS PAID 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 . Signature of Affiant: SUBSCRIBED AND SWORN TO before me , the undersigned authority , on this the ___ day of -------------- Lazarus Commission Contract Page 30 of 33 , 2011. Notary Public, State of Texas Print Name Commission Expires l ' Exhibit E: Sales Tax Exemption l ·lu.im lll1 ex em puon frn111 p,l}'111e01 uf itles and me ta:t fo 1 th p un:ha.se o -f tau,Mc it 'Ill!> dl:Scribt."tl tx.-1 " r on 1he anuchcd order r i11 voice . Descripti uu of Item~ o r ~n act, hed rdl'r o r lnvo ice) o Re rlll\:hased: I claim thi ~ c cmpcion for th e !ollowm , r , o: of Exem J:11 Org;mizati001 : CJTY OF FORT \: 'OR . l , T XA ' T X A S E ' DU E T AX P R HT NUMBE R 1-75-6000528-6 r roj ed r, r whic::h matcna l .il\d supp lies, re purchased : I Ufl dcr.;t:1nd tli at I\ •il l e liitblc for payment Lales ta...:. which m.ay .c me-d ue f r foil ure 10 comply witli the prnvis1ou flhe l ate. cil)', amllor mcrropoli taJl transit auth ri.t y. I~ 1md u eta law" ill1d COl11 [ u ll er ru les reg.arc in g ' pt r,W'chil.s es" l.iahili ' fi ihe t ,,•ill I,,: dcterm mo cd b th pri ce pa id for tl1 xable it ems p11rcbascd r th fair m ark~ ~ental ml u f. r th. period of t ime u ed. I 1de rs tand th c 111s a miwerneanor to giv an c11'.c:mpti n cetti~ieu.te I() the sell er fo.r tax, bole items \ b ich I Imo\;\-. ac the tim e o th e. p urcllase, ~ ·ill be used in a man ner o th tha, th al ?tpcnscd in this ccrt ifo:a1e an d, up 11 convi ion. mo,y be fined up to S • 0 per ofl't:n se. ign Hcrc : Date: June I I, 2( 09 Phulle : 17._,9_! 17 T in cat1fic.1 1e d>oes 1 1 r~uin~ n num hcr trt be \'3.I id . 111.:s 1111d u 1: ta .. citcrnpti n ll UJllbt..-r.,;'" u r ··,a~ ei entp1 " CL umbers do nc •t e. ist . Thi:S ccrtific:ue sftluu lu l)e furn shed 1 1hc uppli ei Do no4 sen d lh c ·omplct al ccnifir.:(lh! to lh~ omp1ro ll .:r of P11h li ccounu Lazarus Commission Contract Page 3 1 of33 ( I Exhibit F: Insurance PUBLIC ART PROJECTS -INSURANCE REQUIREMENTS The Artist shall meet all the following insurance requirements for this Project, naming the City as an additional insured on each policy of insurance , except Workers Compensation. If the Artist subcontracts fabrication , transportation , and/or installation of the Work , then the Artist shall also require his/her subcontractor(s) to abide by all of the following insurance requirements. The Artist shall require the subcontractor(s) to name the Artist and the City as additional insureds. Commercial General Liability (CGL) $1 ,000 ,000 $2,000 ,000 Each occurrence 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 the City as an additional insured. Automobile Liability $1 ,000 ,000 or $250 ,000 $500 ,000 $100,000 Each accident Bodily Injury per person Bodily Injury per occurrence Property Damage A commercial business policy shall provide coverage on "Any Auto ," defined as autos owned , hired and non-owned . For the Artist and/or the 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 Thirty (30) days notice of cancellation or non-renewal. Example: "This insurance shall not be cancelled or non-renewed , until after thirty (30) days prior written notice has been given to the City of Fort Worth , except for ten (10) days notice for non- payment of premium. Lazarus Commiss ion Contract Page 32 of33 Waiver ofrights ofrecovery (subrogation) 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 . All insurers must have a minimum rating of A-VII in the current A. M. Best Key Rating Guide or have reasonabl y 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 E xcess Liability msurance 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 ." (If coverage is written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims made and the retroactive date . The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage .) The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of the 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 the City 's Risk Manager. The 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 the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety days. The 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. Lazaru s Commi ssion Contract Page 33 of 33 • M~C Kev1ew Page 1 of2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA fORT\VORTH ~ COUNCIL ACTION: Approved on 1/25/2011 20ARTWORK FOR THE DATE: 1/25/2011 REFERENCE **C-24688 LOG NAME: WESTSIDE WATER NO.: TREATMENT PLANT PUBLIC CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Authorize an Artwork Commission Contract with Artist Julie Lazarus in the Amount of $111 ,780 .00 for Public Art for the Westside Water Treatment Plant Located at 12200 Old Weatherford Road (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Artwork Commission Contract with artist Julie Lazarus in the amount of $111,780.00 for implementation of public artwork for the Westside Water Treatment Plant at 12200 Old Weatherford Road . DISCUSSION: The Artwork Commission Contract will enable Fort Worth, Texas-based artist Julie Lazarus (the Artist) to proceed with fabrication, delivery and installation of public art for the Westside Water Treatment Plant. The Artist's final design for the artwork, approved by the Fort Worth Art Commission on October 11 , 2010, uses translucent, rich hues of blue and subtle abstracted, geometric imagery to capture the essence of water circulation and the plant's state-of-the-art filtration and purification processes. The artwork consists of two components, the first, to be installed inside the building lobby and also visible from outside the building, will be a painting in oil on canvas, approximately eight feet, two inches high x nine feet wide. The second component, in the form of a glass mosaic mural, approximately five feet high x 35 feet wide, will adorn the curved concrete wall that wraps the building entry ramp. It is anticipated that many visitors will tour the Westside Water Treatment Plant to see its cutting edge technology at work; therefore, the artwork will have high visibility. The Long Range Public Art Plan for the Water Fund, adopted by City Council May 9, 2006, (M&C G- 15185) guides the Fort Worth Art Commission in recommending expenditures, including Water Department Projects that enhance the mission of the department with varying budget ranges. The 2011 Annual Work Plan, adopted by City Council October 19, 2010, (M&C C-24554) guides the Fort Worth Public Art Program in its projects for the upcoming fiscal year and includes the West Side Water Treatment Plant project. BACKGROUND: Using the process and guidelines established in the Fort Worlh Public Arl Master Plan, an artist selection panel, chaired by Council Member Carter Burdette, met on December 3, 2008, to review the qualifications of 21 local two-dimensional artists from the Pre-Qualified List of Artists and selected three finalists and an alternate. On May 27, 2009, the selection panel reconvened to review the proposals of the three finalists. At that meeting , the panel recommended Julie Lazarus for the project. On June 8, 2009, the Fort Worth Art Commission (FWAC) reviewed the selection panel's recommendation and made a formal recommendation to the commission that Julie Lazarus is to fabricate and install an artwork for the Westside Water Treatment Plant. The Artist was placed under a Final Design Contract (City Secretary Contract 39997) in March 2010. mhtml:file://P:\PublicArt\CURRENT PROJECTS\Westside Water Treatment Plant\City Pr... 1/27/2011 , M&CReview Page 2 of2 .. 1 • The Artist's final design for the artwork was approved by the FWAC on October 11, 2010 . M/WBE -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 physically located in COUNCIL DISTRICT 7 but serves the entire City. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund . TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Map West Side 54A.JPG MAP Westside WTP 01 .pdf FROM Fund/Account/Centers C291 541200 207980045680 $111.780.00 Fernando Costa (6122) William Verkest (7801) Martha Peters (732-2360) rnhtml:file://P:\PublicArt\CURRENT PROJECTS\Westside Water Treatment Plant\City Pr... 1/27/2011 • Wes rsfde Water Tre une111 PJam from the Southea st P rint 1 100729854 D•le: 07129/10 L.,t\.on !!~1 ...... ":.S&-8"'.2..J:-511 PUBLIC ARTWORK FOR THE WEST SIDE WATER TREATMENT PLANT 12200 Old Weatherford Road (west of Chapel Creek Boulevard) FORT WORTH , TEXAS II r ·~ ' ... I I I ... I /. f ..,..Jh .tlorr :J .... :C M11)$CO . IAc. I I ~-~ w ! -srpo,IVr si;; . FOR ~WORTH __ / I I / 11 0 I / FORT I~/ WORTH I PUBLIC ARTWORK FOR THE WEST SIDE WATER TREATMENT PLANT 12200 Old Weatherford Road (west of Chapel Creek Boulevard) FORT WORTH, TEXAS