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HomeMy WebLinkAboutContract 38124 r � CITY SECRETAR'y� CONTRACT N AGREEMENT FOR FINAL DESIGN AND COMMISSION OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND JEFF GOTTFRIED This Agreement, entered into this 1 ty_day of 2008, by and between the CITY OF FORT WORTH, a home rule r4icipal corporation of the State of Texas (the "City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager and JEFF GOTTFRIED (the "Artist"), an individual. The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, Inc., (the "Contract Manager") to manage this AGREEMENT on its behalf. The Contract Manager shall act through Martha Peters, its designated Public Art Director. WHEREAS, the City is implementing the Fort Worth Public Art Program pursuant to the Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances,(the "City Code"), 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; and, WHEREAS, the City Council has appropriated funds from the Lancaster Tax Increment Reinvestment Zone Number Eight, City of Fort Worth (Lancaster Corridor TIF) for a public art project at the Texas & Pacific Terminal located at 221 West Lancaster Avenue, Fort Worth, TX, 76102, more particularly described as a wall in the covered outdoor area between the T & P Lofts and the concourse leading to the railroad tracks in Exhibit"A"hereto(the"Site"); and, WHEREAS, the Artist was selected by the City through an selection process conducted by the Contract Manager with oversight of the Fort Worth Art Commission to develop a final design, fabricate and install a metal wall-mounted sculptural installation commemorating the former "colored waiting room" and honoring African-Ametican railroad workers, including Texas State Representative Garfield Thompson, with associated spot lighting, as described in Artist's proposal attached hereto as Exhibit"B", (the "Work"); and, 'jFFICIAL K`i CITY SECRETARY FT.WORTH,Tx WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed in order to promote the integrity of the Artist's ideas and statements as represented by the Proposal; NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1. General. a. The Artist shall perform all design services and shall furnish all supplies, materials, and equipment as necessary for the final design, fabrication, transportation and installation of the Work at the Site, as set forth in Section 1.7. 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 City as set forth in this Agreement. The location at the Site in which the Work shall be installed has been mutually agreed upon by the City and the Artist. C. The Artist shall present final design to City officials, community stakeholders and Fort Worth Art Commission, as required. d. The Artist shall install the Work on dates and at times mutually agreed upon by the Artist, the City and T& P Lofts. e. The Artist shall participate in one public education event in Fort Worth at a mutually agreed upon date and time. 1.2. Proposal Selection. City and Artist acknowledge that the Artist's conceptual design (the "Proposal"), attached hereto as Exhibit "B," has been reviewed and approved by the Fort Worth Art Commission as the basis for executing this Agreement with the Artist. 2 1 � 1.3 Final Design Deliverables a. Within three (3) months after the execution of this Agreement, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Sectionl.3.a.i.—iii. (collectively, the "Final Design Deliverables") to the City for approval. Final Design Deliverables shall consist of the following: i. Detailed, design illustrations (drawings or photographs of clay bas reliefs are acceptable) of the Work for the Site; these illustrations shall be at least 20" x 30" mounted on foam core and/or in a high resolution digital format, such as JPEG or TIF files; and, ii. Artist shall provide a final written narrative describing: (1)the Design concept including text to be incorporated into the Work and timeline for completion; (2) Proposed materials, fabrication and installation methods, including information regarding the Artist's subcontractor(s), if any, for the Work and any associated lighting and/or plaques; and, (3) Maintenance requirements for all elements of the Work as dictated by the Artist along with cost estimates for annual maintenance. iii. Artist shall provide a final budget for the Work with written estimates attached for supplies and services to be provided by the Artist, by Artist's contractor, or by others in an amount not to exceed $45,750(see Section 1.4). iv. Comprehensive working drawings detailing the means of installing the Work on the Site, together with such other graphic material as may be requested by City in order to permit City to carry out structural design review. These drawings must have a State of Texas-licensed Engineer's and/or Architect's seal as required by City. C. Upon completion of the Final Design Deliverables, Section 1.3.a.i-iv., Artist shall meet with City officials and community representatives, as appropriate, to present the Final Design, at a date and time mutually agreed upon, for input. d. Artist shall present the Final Design to the Fort Worth Art Commission for approval at regularly scheduled meeting. e. Upon approval, Artist shall provide the Final Design presentation materials to the Contract Manager to become part of the City of Fort Worth's Public Art archive. 3 [NOTE: The materials provided during the proposal phase of this project may partially fulfill this requirement provided there are no changes to the design]. f. Upon request by the Artist, the City, the project consultant and/or project manager shall promptly furnish all information, materials, and assistance required by the Artist in connection with said submission to the extent such materials are available. The---- City,upon request, shall also provide correct scaled drawings of the Site, if available. 1.4. Implementation Budget Total. Artist shall develop a Final Design that is financially feasible relative to the budget for final design and implementation. It is understood that the budget for final design and implementation of the Final Design is FORTY-FIVE THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($45,750), including materials, labor, fabrication, delivery, installation, insurance, transportation, travel, and all associated costs for the Work, and artist's fee. Artist shall provide a detailed budget, on the budget form attached hereto as Exhibit"C", for the Work. 1.5. Design Review. a. The City may require the Artist to make such revisions to the Final Design as are necessary for the Work to comply with applicable statutes, ordinances or regulations of any governmental regulatory agency having jurisdiction over the Final Design Site for reasons of safety and security. b. The City may also request revisions to the Final Design for other practical, non- aesthetic,reasons. C. Within thirty (30) days of its receipt of the Artist's submission of the Final Design, the City shall notify the Artist of its approval, or disapproval, of such submission and of each revision made in the Final Design. Revisions made pursuant to this Section 1.5,upon approval by the City, shall become part of the Final Design. d. If the Final Design or any required revision is disapproved by the City, the Artist shall have a reasonable amount of time to resubmit the Final Design in conformance with the City's requirement. e. If resubmitted materials are not approved by the City, this Agreement may be terminated at the City's option, with payment for work performed per the payment schedule in Section 2.1. f. Upon the expiration of the Term, as hereinafter defined, of this Agreement, if the 4 Final Design is accepted by the City and funding is approved by City Council, fabrication, delivery and installation of the Work shall commence. 1.6 Execution of the Work a. Upon execution of this Agreement, Artist shall promptly furnish to the City a schedule for the completion of the fabrication of the Work, including a schedule for the submission of progress reports. After written approval of the schedule by the City, the Artist shall oversee the fabrication, transportation and installation of the Work in accordance with such schedule. Schedule changes may be accomplished by written agreement between the Artist and the City. b. The City shall have the right to review the Work at reasonable times during its fabrication. Artist shall, upon written request by City, provide City with 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. C. The Artist shall complete the fabrication of the Work in substantial conformity with the Proposal. However, Artist may present to the City, in writing for further review and approval, any significant changes in the scope, design, color, size, material, or texture of the Work not in substantial conformity with the Proposal. The Contract Manager shall, in light of the Proposal, determine whether a significant change requires City approval. d. Prior to installation of the Work, Artist shall provide to City written instructions for appropriate maintenance and preservation of the Work. The appropriate maintenance and preservation instructions shall not be substantially different from the maintenance and preservation anticipated and conveyed to City for the Work in the design phase for the Work. 1.7. Delivery and Installation. a. The Artist shall notify the 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. 5 b. The Artist's fabricators shall deliver and install the completed Work at the Site in compliance with the schedule approved pursuant to Section 1.6; provided, however, that delivery and installation activities may not commence until written permission is delivered to the Artist by the Contract Manager. C. 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 the Work. The Artist shall repair any damage to the Site due to delivery, or his negligence or the negligence of his subcontractors. d. Prior to installation of the Work, Artist shall provide to City written instructions for appropriate maintenance and preservation of the Work. 1.8. Post-installation. a. Within thirty (30) days after the installation of the Work, Artist shall furnish City with an original set of high resolution digital files and jpegs showing Work from at least two points of view, as selected by 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 City shall use its best efforts to arrange for publicity for the completed Work in such art publications and otherwise as may be determined between the City and the Artist as soon as practicable following installation. 1.9. Final Acceptance. a. The Artist shall advise the City in writing when all services required have been completed in substantial conformity with the Proposal. Included in such notice from the Artist shall be an 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"). 6 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 which have not been completed. 1.10. 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 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. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fee. The City shall pay the Artist a fee of FORTY-FIVE THOUSAND DOLLARS AND NO CENTS($45,750.00) (the"Fee"),which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement, inclusive of final design, fabrication, delivery, installation,artist's fee and associated costs. (a) THIRTEEN THOUSAND EIGHT HUNDRED THIRTY-THREE DOLLARS AND NO CENTS ($13,833.00) upon full execution of this Agreement and upon submission of a schedule for completion (see Section 1.6.a.). (b) THIRTEEN THOUSAND EIGHT HUNDRED THIRTY-THREE DOLLARS AND NO CENTS AND NO CENTS ($13,833.00) upon notification of the City's approval of the Artist's final design. 7 (c) THIRTEEN THOUSAND EIGHT HUNDRED THIRTY-FOUR DOLLARS AND NO CENTS ($13,834.00) upon Contract Manager's verification that fabrication of the Work is complete and ready to install. (d) FOUR THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($4,250.00) within thirty-five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of services and supplied rendered to the Artist (see Section 1.9.a); provided, however, that final delivery shall not be tendered prior to the expiration of thirty (30) days after Final Acceptance. 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 the Project. The City shall supply the Artist with the "Texas Sales Tax and Local Sales Tax Exemption Certificate," for use by Artist in the fulfillment of this Agreement. 2.3. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including but not limited to services, materials, mailing/shipping charges and insurance on submissions to the City, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3_1 Term. This Agreement shall be in effect from the date stated in the first paragraph of this Agreement, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Artist by City,whichever is later. 8 3.2. Duration. The services to be required of the Artist set forth in Article 1 shall be completed in accordance with the schedule for completion of the Work as proposed by the Artist and approved by the City pursuant to Section 1.6.a.; 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; provided, however, that such obligations shall be suspended only for the duration of such conditions. ARTICLE 4 WARRANTIES 4.1 Warranties of Title. The Artist represents and warrants that: (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 which 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; 9 (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 OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, ACTIONS OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING ATTORNEY'S FEES, TO WHICH THEY 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. 4.2 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 City observes any breach of warranty described in this Section 4.2 that is curable by the Artist, the Artist shall, at the request of the City, cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to City. City shall give notice to Artist of such breach with reasonable promptness. (d) If after one year City observes any breach of warranty described in this Section 4.2 that is curable by the Artist, City shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall have the right of first refusal to make or supervise repairs or restorations. Should Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, City may seek the services of a qualified restorative conservator and maintenance expert. 10 (e) If within one year City observes any breach of warranty described in this Section 4.2 that is not curable by the Artist, Artist is responsible for reimbursing City for damages, expenses and loss incurred by City as a result of the breach. However, if 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 Section 4.2. (f) Acceptable Standard of Display. 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 mold, rust, fracturing, staining,chipping, tearing,abrading and peeling. iv. Manufacturer's Warranties. To the extent the Work incorporates products covered by a manufacturer's warranty, Artist shall provide copies of such warranties to City. The foregoing warranties are conditional, and shall be voided by the failure of City to maintain the Work in accordance with Artist's specifications and the applicable conservation standards. If City fails to maintain the Work in good condition, 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. 4.3 These representations and warranties shall survive the termination or other extinction of this Agreement. 11 ARTICLE 5 INSURANCE AND INDEMNITY 5.1. General. The Artist shall carry insurance as set out in Exhibit "D". 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, shall 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, and any requirement of any other authority for performance bonds shall be the responsibility of the City. (a) ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING 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; AND ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING 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. ARTIST LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN 12 CONNECTION WITH ALL ACTS OR OMISSIONS OF ARTIST, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. (b) ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. (c) 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. (d) 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 all documents and/or drawings which constitute or are components of the Preliminary Proposal and the Final Design, shall pass to City upon Final Acceptance and payment for the Work. Artist shall provide City with a Transfer of Title. These documents and/or drawings will be retained for archival and exhibition purposes. Artist's Final Design and all other work products under this Agreement shall become the property of City,without restriction on future use,except as provided below. 6.2 Copyright Ownership. 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 unique, Artist shall not make any additional exact duplicate reproductions of the final Work, nor shall Artist 13 grant pennission 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, Artist grants to 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 City, shall be deemed a non- commercial purpose. Notwithstanding the above limitation, Artist agrees and understands that nothing in this paragraph shall affect or limit City's absolute, unrestricted rights incidental to 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 City deems it necessary within its discretion, in order to otherwise exercise City's powers and responsibility in regard to public works and improvements, in furtherance of City's operations or for any other reason. (c) All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the following form: "©date, Artist's name." (d) Artist shall use Artist's best efforts in any public showing or resume use of reproductions to give acknowledgment to 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) Artist shall, at Artist's expense, cause to be registered with the United States Register of Copyrights, a copyright in the Work in the Artist's name. (f) City is not responsible for any third party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of 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.fivpublicart.org) and a permanent plaque at the site. 14 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 Artist in accordance with Section 1 3_and Exhibit_ "E", 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. C. When emergency repairs are necessary in order to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by City without advance notice to Artist, and such repairs shall not be deemed to constitute artistic alteration. 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 it to destruction, distortion, mutilation or other modification by reason of its removal. If removal of the Work would damage either the Work or the 15 Site, the City shall have the right to remove the Work by any means, including 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 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. 16 ARTICLE 8 ARTIST AS AN INDEPENDENT CONTRACTOR Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Artist shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondent superior has no application as between City and Artist. ARTICLE 9 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. Artist shall provide information regarding all subcontractors, including its fabricator, along with a copy of the subcontract between 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 perfonnance 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 17 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 pares to this Agreement shall willfully or ne li ently 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 termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, 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 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 Artist's death or 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 Artist or Artist's successors for all work and services performed prior to death or 18 incapacity. All finished and unfinished drawings, sketches, photographs, models and 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 Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 11 EQUAL OPPORTUNITY a. The Artist shall not discriminate against any employee or applicant for employment because of disability, familial status,race, color, religion, sex, sexual orientation, or national origin. The Artist shall take affirmative action to ensure that employees are treated equally during employment, without regard to their disability, familial status, race, color, religion, sex, sexual orientation and national origin. 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 apprenticeship. b. The Artist shall state in all solicitation or advertisements for employment placed by or on behalf of the Artist that all qualified applicants shall receive consideration for employment without regard to disability, familial status, race, color, religion, sex, sexual orientation, or national origin. 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's 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. 19 ARTICLE 12 MISCELLANEOUS 12.1. Compliance. The Artist shall be reed to comply with Federal, State and City statutes, ordinances and regulations application to the performance of the Artist 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. 12.4. Waiver. No waiver of perfonnance 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. 20 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 If for any reason at any time during any term of this Agreement the 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 City Council for the purposes set forth in this Agreement. 12.11. Captions. 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. 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. 21 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 on 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 8.16 shall survive 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. ARTICLE 13 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid,as follows: 1. CITY OF FORT WORTH: Fernando Costa, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: Leann Guzman, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 22 Martha Peters, Public Art Director Arts Council of Fort Worth&Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST Jeff Gottfried P. O. Box 47 Keene, TX 76059 [SIGNATURES APPEAR ON FOLLOWING PAGE.] 23 IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the latest date below. CITY OF FORT WORTH i emando dosta Assistant City Manager Date: I 2 ARTIST c9� J f ottfried Date: AP OVEDAS`TO FORM: ATTESTED BY: eann Guzman Marty Hendrix Assistant City Attorney City Secretary Date: Date: L ' �—'U CA Contract Authorization: M&C#C-23220 Dated: December 9, 2008 ,:FFICIAL K 24 CITY SECRETARY Ff.WORT".TX r � ± 7all, .; �J sir w lillll�ll;, 0 O Exhibit B: Proposal T&P TERMINAL COMEMORATION PROJECT PROPOSAL 1tl��.000F.ywikM 1lQ[Ct nldoew�r ivrarr�® rrA .tr�r'yYw��iT.rF••wN/rrr.aMri+w �Y�YwArr.�.Y.r_i�wlri l�i arr�r�. 6LY,�TmF`YLL4 Y[riM11[MCMRM.1\!MI r�`rY.yrb W=r�rY.��r�rulr r.riwM4rr�w•in�w . a Yr1r�y v..+�Y�wrarrMa Wwar 1rrFwr�r.__.W��rYwrriw.r�i..M..rw.wr.W f• ]�H' �f� rY Yr. p�w[rWYrr..wYyrYw�wrYrwr YwYY.r.r�w rrY��r���a� rrr rwr..r�r Nlrrr eR - WYr�Y�rralrN..YYr� I` r`1k�rYV rrr.rrl.M M1�lwi�r i IW�I/r-r�rYrpi..rti.r.�Y .. i�YrrYWirk.rrrw�i r..trr4+.rr 0..iJ✓k..A! M sAY �W�rrr=`rr.YY}r/r.rrrrtilrf+r++ YrrYr►rY� rYn�rY+��rrr�rrr.ruY.Y Yr�rr�w�rrA..w rYr br.Yr rrrr ir.l+r4w�M�lwrrrrr. 26 T&P TERMINAL COMEMORATION PROJECT PROPOSAL BY JEFF GOTTFRIED General Description The overall installation consists of several components and materials. First, on the top left hand comer of the wall is a 4 ft x 1.5 ft bronze word plaque that will show lines from the -poem,"Freedom Train,"by Langston Hughes. Flat against the wall, running in a curving manner from the lower left corner to the top right corner is a flat, aluminum, silhouetted train track and train. The track is a timeline and above the track are 3 stainless steel silhouettes with wall space in between. From left to right they are of a slave building the track, a porter carrying luggage, and a businessman holding a train ticket. The silhouettes are intended to attract immediate attention by communicating the dramatic yet simple message of African Americans' progression from slave to porter to businessman. A progression of attitude is also expressed in the body language of each, the slave's head and body facing downward,the porter more upright but still hunched over, and the businessman with head and shoulders held high. They are 6 inches out from the wall, held by steel bracing and lights are installed behind each for backlighting. Below the train track are 4 sculpted bronze plaques that range in size from 3 feet x 2 feet to 5 feet x 2 feet. These provide specific visual and historical information about(1)Garfield Thompson, (2)the segregated benches(3)the segregated ticket counter, and(3)black railroad workers in Fort Worth's history. The style of the plaques is befitting of the strong art deco influences of the T&P building. Each plaque has an art deco border around it that is cast in bronze as part of the plaque and that incorporates the motifs from the moldings in the actual colored waiting room. Wording is also cast into the plaques to communicate their messages. All textures and shapes are crisp and smooth to enhance the art deco feel. The bronze coloration,juxtaposed with the stainless steel silhouettes,mimics the gold and silver colors in the moldings of the actual colored waiting room. The wall itself shows between and around the other elements and is used as part of the overall design. The existing stucco texture is maintained, except that the lines etched into the wall and holes where current light fixtures exist will be filled in. The wall will then be painted yellow, orange, and blue/grey as according to drawing. One of the actual restored benches from the colored waiting room sits facing the wall with ten feet of space in between. This bench is 18.5 feet long and will provide both a place for viewers to sit and study the wall, as well as a formalized area around the wall. Timeline The artist will require 4 to 6 months to sculpt the plaques and the bronze foundry will require another 4 months to cast them. Maintenance Requirements The bronze plaques will require yearly cleaning, rewaxing and polishing. Light bulbs will have to be replaced periodically, which can be done by unbolting and removing the silhouettes(which weigh approximately 90 lbs each)from their frames. INSTALLATION SPECIFICATIONS Wall Texture and Color The existing stucco texture will be maintained, except that the lines etched into the wall and holes where current light fixtures exist will be filled in. The wall will then be painted yellow, orange, and blue/grey as according to drawing. Weight-bearing elements-and attachment methods There will be 3 stainless steel silhouettes each of which will be 3/16 's inch thick and weigh approximately 90 lbs. Their sizes will vary, with the tallest(businessman)being 5 ft tall and 2.5 ft wide. They will be attached to steel bracing that will raise them 6 inches from the wall. Lights will be mounted in the wall behind each silhouette to provide backlighting. The silhouettes can be unbolted and removed from the bracing in order to change out light bulbs. The bracing will be mounted to the wall using bolts that are either set with industrial epoxy into holes drilled into the wall, or held by nuts from the other side of the wall with the bolts going all the way through. There will be 4 sculpted bronze panels and 1 bronze word plaque that will all be raised 3 inches from the wall using bolts welded to their back sides and attached in a similar method to the silhouettes above. There will be 3 panels with dimensions of 3 ft x 2 ft x 2 in. that will weigh approximately 65 lbs each. Another bronze panel will be approximately 5 ft x 2 ft x 2 in and weigh approximately 105 lbs. There will be no backlighting for the bronze panels. The word plaque will be approximately 4 ft x 1.5 ft and will weigh less that the plaques. There will be a 3/16ths in thick aluminum composite material (acm)silhouette cut-out of train tracks and a train that will span across the entire wall as according to drawing. This will be installed in sections and weigh approximately 40 lbs total. It will be affixed directly to wall using industrial adhesive. Lighting Installation Diagram 70-W F - - r -- s n C-' � �'i �� ' . _ _ , �� _, `�\ 4 ,-�.'fir• r, � `'�✓" �. 1 4 � ' ! i$ ui 1 1 O � 1 N i Q 0 4� -- 0 C W N a I �f O O C W 0 + U C W :3 U U) O) t cf�l�F-- Co U CL`• �� O CY i . ` I�zl� 1 7�1' 11 All -01 ( Text description of Garfield Thompson's many accomplishments a maintenance as a railroad worker, workor, ioader, and men state EXHIBIT"C" FORT WORTH PUBLIC ART PROJECT BUDGET Please complete this form and attach a signed receipt or estimate complete with per unit costs(no lump sums)for all items designated with an asterisk(*).Cost increases must also have a written estimate attached. ARTIST'S FEE(15%) TRAVEL --(Forartists who live more than 50 miles from Fort Worth) Airfare Car Rental Per Diem Expenses at$_per day Mileage at$_per mile INSURANCE Auto/Hired Vehicle Liability General Liability for Artist/Subcontractors Worker's Comp./Employer's Liability Other,as applicable ADMINISTRATIVE EXPENSES Phone/Fax Delivery/Shipping(for correspondence,samples, models,drawings etc) Reprographic Service Copyright Registration Supplies PROFESSIONAL CONSULTANT FEES (If applicable,drawing must be signed and sealed by a professional registered to practice in the State of Texas) Architect* Structural Engineer* Electrical Engineer* Conservator* Photographer(for documentation of completed work)* Other* MATERIALS (Please attach a complete list of materials. Itemize all anticipated aspects and components with per unit cost estimates) Materials*Total Cost Increases: Projected Increase in Cost Materials 12 Months In Future FABRICATION COSTS (Include and itemize all portions of subcontracted work and work to be completed by artist.) Artist's Labor(_hours at$_per hour)Total Subcontracted Labor*(Total) Facility/Equipment Rental(used exclusively for this project)related to fabrication Cost Increases: Projected Increase in Cost Fabrication 12 Months In Future SITE PREPARATION (Do not include costs covered by FWPA,City of Fort Worth or others) Test Drilling* Removal* Landscaping/Irrigation* EXHIBIT"C" Electrical Modifications* Water Work/Mechanical Devices Other* Cost Increases: Projected Increase in Cost Site Preparation 12 Months In Future TRANSPORTATION Materials to Fabrication Site* Finished Work to Installation Site* Other* Cost Increases?: Projected Increase in Cost Transportation 12 Months In Future BASE/MOUNTING Base Mounting Devices and Components Foundation/Footing Other Cost Increases: Projected Increase in Cost Mounting/Footing 12 Months In Future INSTALLATION COSTS (Costs must include allowance for after hours installation, if applicable. Please attach a complete list of equipment and individual estimates with this form) Subcontracted Labor* Scaffolding* Equipment Rental related to installation* Off-duty Police/Security* Traffic Barriers* Storage Facility Rental* City Permits Display Devices Fireproofing* Site Restoration* Other* Cost Increases: Projected Increase in Cost Installation 12 Months In Future LIGHTING Designers* Fixtures* Bulbs* Site Preparation* Installation* Cost Increases: Projected Increase in Cost Lighting 12 Months In Future GRAND TOTAL(including projected cost increase,if any) Please make any necessary notes here: Prepared By: Date: Exhibit D: Sales Tax Exemption I TEXAS CEKTIFICATz QF I:XEMP77orY t claim an cxcmption from payment of sales and use taxes for the purchase of taxable items dcscribcd below or on the attached ogler or. ii I'kscliptifill of Items(or an attached order or invoice)To Be Purchased! All Itcurs I claim this exemption for the following reason: Name of exempt otganization: City of Poet Worth Tetras Sales and Use Tax Permit Number 1-7S-6000528-6 _.............. .__._ I'rojt a fur which materials and supplies arc purchased. I understand that I will be liable for payment of sales tax, which may become due for faildre to can an tply with the provisions of the state, city, d/or mctropolittuh transit aatharity sales and use tax laws and comptroller rules regarding exempt purchases. Liability frsr the tax will be determined by the price paid for the taxable items purchased or Use fair market re-taI value for the period of time used. I understand that it is a misdemcarxtr to give an exemption certificate to cite seller for taxable'terns which 1 know,at the time of the purchase,will be used in a manner other than that expensed in this cettificate and,upon conviction,may be fined up to$500 per offense. Tax Exempt Status Due to Being a Crovermuental Entity Purchaser (ity_ fPo rt.Worth Stmet Address: 1000 771rockmorton Street City.State,Tip t'rxde. Fort Worth 76!02 — Signliere �^±4s... _. Date: _ �4�/3 Ihone: 8!� $71 Si71 This certificate does not require a number to be valid. Sales and use tax "exemption nuathers"ar"tax excr»pt"numbers do not exist. This cenifrcatc should be firrrushed to the supplier. Do not rend the completed certificate to the Comptroller of l'ublic Accounts. 28 Exhibit D: Insurance PUBLIC ARTS PROJECT INSURANCE REQUIREMENTS Commercial f erreral Liability(CfiL) — -- $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, be as comprehensive as the current Insurance Services Office (ISO)policy. 2. Automobile Insurance $1,000,000 Each accident or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence The automobile policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 3. For Artists/Contractors 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 This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee 29 GENERAL POLICY REQUIREMENTS • The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured. Exception... the additional insured requirement does not apply to Workers' Compensation olicies - • Forty-five (45) days notice of cancellation or non-renewal. Example: "This insurance shall not be canceled, limited in scope or coverage, cancelled or non-renewed, until after forty-five (45) days prior written notice has been given to the City of Fort Worth. • Wavier of rights of recovery(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. Except for workers' compensation, 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 the "occurrence basis". If coverage is underwritten 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). 30 • 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. 31 Exhibit E: Technical and Maintenance Record ARTIST INFORMATION SHEET LOCATION: ARTIST: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CELL: EMAIL: GALLERY/REPRESENTATIVE: TITLE OF WORK: DESCRIPTION OF ARTWORK(attach if necessary): MEDIUM OR MATERIAL(list specific product information if relevant): EDITION INFORMATION: DATE AND PLACE EXECUTED: INSTALLATION DATE: LOCATION OF ARTWORK AT SITE(attach architectural plans if available): COLLABORATING ARTIST: FABRICATOR(if other than artist): 32 ARTIST: TITLE: FABRICATOR ADDRESS: LOCATION AND DESCRIPTION OF SIGNATURE MARKS (or copyright): DIMENSIONS (in inches): Artwork(without frame, mat, or pedestal): Height Width Frame: Height Width Depth Aprox. Wt. SPECIAL METHODS/MATERIALS UTILIZED IN EXECUTION OF ARTWORK: A. MATERIAL (type,brand name, manufacturer): B. FRAMING MATERIALS AND/OR CONSTRUCTION METHOD: C. MATERIAL THICKNESS (guage): D. WELDING OR JOINTING METHOD: E. WELDING ROD ALLOY OR JOINT MATERIAL: F. CASTING ALLOY, WAX BODY, GLASS OR FIBER TYPE G. MATERIAL FINISH (paint color and type, glaze, sanding grit, patina, fixative coatings, etc.) H. FOUNDATION/INSTALLATION METHOD(bolt/pin size, adhesive) 33 ARTIST: TITLE: I. YEARLY MAINTENANCE AND CARE OF ARTWORK: J. ROUTINE MAINTENANCE: K. INTENTION RELATING TO ARTWORK OVER TIME (patina, etc. To what surface should the work be cleaned?): L. PLACEMENT OF ARTWORK(cautions regarding sunlight, heat, etc.): M. CONSERVATION CONSULTANT: ADDRESS: PHONE: 34 Pagel of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/9/2008 - Ord. No. 18391-12-2008 DATE: Tuesday, December 09, 2008 LOG NAME: 20T&PBUILDING REFERENCE NO.: **C-23220 SUBJECT: Authorize Agreement with Artist Jeff Gottfried in the Amount of $50,000.00 for a Sculptural Installation Commemorating the Former "Colored Waiting Room" at the Texas and Pacific Terminal Building, Authorize an Easement Agreement with Wood Partners for Placement of the Sculpture, Accept Funds of$50,000.00 and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a Final Design and Artwork Commission Agreement with artist Jeff Gottfried in the amount of $50,000.00 for a metal wall-mounted sculptural installation commemorating the former "colored waiting room" and honoring African-American railroad workers, including State Representative Garfield Thompson, at the Texas and Pacific Terminal Building; 2. Authorize the City Manager to enter into an easement agreement with Wood Partners, owner of the Texas and Pacific Terminal Building, for placement of the sculpture on a wall in the publicly accessible outdoor area at the T and P Lofts; 3. Accept funds from the Lancaster Corridor TIF in the amount of$50,000.00; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $50,000.00 in the Specially Funded Capital Projects Fund. DISCUSSION: The Final Design and Artwork Commission Agreement with artist Jeff Gottfried will result in an impactful wall relief commemorating the historic "colored waiting room" which was located in the Texas and Pacific Terminal building, acknowledgement of the contributions of African-American railroad workers, and the inspiring story of The Honorable Texas State Representative Garfield Thompson. The piece will be located on the east wall facing the covered outdoor area immediately beyond the T and P Terminal Building lobby, which is publicly accessible. The piece will depict these inspiring stories through both imagery and text in a style that complements the building's Art Deco architecture. The amount of the proposed agreement is $50,000.00 from the Lancaster Tax Increment Reinvestment Zone No. Eight, City of Fort Worth (Lancaster Corridor TIF), for final design, engineering, fabrication, transportation, installation, artist's fees, insurance, lighting, contingency and other associated costs. On December 5, 2007, the Lancaster TIF project plan was amended by the Lancaster TIF Board to add public art associated with the T and P Terminal Building redevelopment project as a TIF-eligible expense. The TIF Board also approved funding in the amount of $50,000.00 for the public art project upon adoption of the amended TIF Project Plan by City Council, which took place on January 29, 2008, (M&C G- 16032). In addition, this project is included in the Fort Worth Public Art program's Fiscal Year 2008-2009 Annual Work Plan, adopted by City Council on September 30, 2008, (M&C C-23101) as a part of the City's http://www.fortworthgov.org/council packet/Reports/mc print.asp 12/16/2008 Page 2 of 3 agreement with the Arts Council of Fort Worth and Tarrant County, Inc., for administration of the Fort Worth Public Art Program. At the request of the Tarrant County Black Genealogical and Historical Society, Inc., a concept for a two- fold historic commemoration project was developed by the Fort Worth Public Art program with input from representatives of the City of Fort Worth, The T and Wood Partners, the owner of the T and P Terminal Building. The goals of the project are to acknowledge the "colored waiting room" which once existed in the Historic Texas and Pacific Terminal Building, to commemorate African-Americans' contribution to the workforce in the railroad industry and to commemorate The Honorable Garfield Thompson - one such worker who then rose to become a Texas State Representative. Using the process and guidelines established in the Fort Worth Public Art Master Plan, which City Council adopted in September 2003, an artist selection panel chaired by Councilmember Joel Burns with Mayor Pro Tern Kathleen Hicks and including representatives of The T, Texas and Pacific Lofts, the Fort Worth Art Commission and the community, reviewed the qualifications of 10 local artists from the Fort Worth Public Art Registry and the Pre-Qualified List of Artists on March 6, 2008, and selected three finalists. On May 19, 2008, the artist selection panel reviewed the finalists' proposals for the project and ultimately recommended artist Jeff Gottfried for the project. BACKGROUND: Selection Panel (Voting) • Council Member Joel Burns, Chair • Mayor Pro Tem Kathleen Hicks • Kirk Millican, Fort Worth Art Commission • Sarah Walker, Tarrant County Black Historical and Genealogical Society • Randy Bacon, Local Artist • Burl Washington, Local Artist • Opal Lee, Community Representative Advisors (Non-Voting) Representatives of: • The T, Nancy Amos • The T, Kristen Camareno • T and P Lofts, Mary Margaret Davis • T and P Lofts, Pamela Jaussi • The City of Fort Worth, Ossana Hermosillo • The City of Fort Worth, Ardina Washington On June 16, 2008, the Fort Worth Art Commission reviewed the artist selection panel's recommendation and made a formal recommendation to City Council to engage Jeff Gottfried for the T and P Terminal Commemoration Project. 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 located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available, as appropriated, of the Specially Funded Capital Projects Fund. The Transportation and Public Works Department will be responsible for collecting funds due to the City. httn-//www.fortworthvov_ore/council nacket/Renorts/mc orint.aso 12/16/2008 Page 3 of 3 TO Fund/Account/Centers FROM_Fund/Account/C_enters (3) --(4) $50,000.00 Cl-) $0000.00 C291 488100 179980118980 C291.541200 179980118980 (4) $50,000.00 C291 541200 179980118980 Submitted for City Manager's Office by� Fernando Costa (6122) Originating-Department Head_: Greg Simmons (7862) Additional Information Contact: Greg Simmons (7862) httn://www.fortwortheov.or2/council packet/Reports/mc print.asp 12/16/2008