HomeMy WebLinkAboutContract 39296 L
' CITY SECRETARY
CONTRACT NO_
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND LENI SCHWENDINGER LIGHT PROJECTS LTD
FOR CONCEPTUAL DESIGN OF PUBLIC ARTWORK
FOR THE WEST SEVENTH STREET BRIDGE REDEVELOPMENT
PROJECT
This Agreement, entered into this Its day of G , 2009,
by and between the CITY OF FORT WORTH, a municipal corporation of the State of
Texas (the "City"), acting by and through Fernando Costa, its duly authorized Assistant
City Manager and LENI SCHWENDINGER LIGHT PROJECTS LTD, (the "Artist"),
336 W 37th St, Studio 1410, New York, NY 10018. 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, 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, (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, allocated in the 2004 and 2008 Capital Improvement Program
("CIP"), are funds for artist fees and costs related to the production of artwork for a
project supporting the West Seventh Street Bridge ; and,
WHEREAS, the City of Fort Worth, in conjunction with the Texas Department of
Transportation (TxDOT), is designing and constructing a new bridge over the Clear Fork
of the Trinity River, on the site of and to replace the existing West Seventh Street Bridge,
which was built in 1913 and added on to when the channel was moved in 1953; and,
WHEREAS, the Artist was competitively selected through an invitational RFQ
and Conceptual Proposal process, conducted by the Contract Manager with oversight of
the Fort Worth Art Commission; and,
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WHEREAS, the Fort Worth Art Commission has recommended that the Artist be
retained to develop a conceptual design for public artwork to be incorporated into the
bridge, in collaboration with TxDOT and in association with City of Fort Worth's
Transportation and Public Works Department; and,
WHEREAS, City and Artist acknowledge that the Artist's Conceptual Proposal,
attached hereto as Exhibit "A," has been reviewed by the Artist Selection Panel and by
the Fort Worth Art Commission as the basis for executing this Agreement with the Artist;
and
WHEREAS, City and Artist wish to set out the terms and conditions for the
Artist's participation in the Project.
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 l
SCOPE OF SERVICES AND DELIVERABLES
1.1 Scope of Services.
a. The Artist shall determine the artistic expression, scope, design, color, size,
material, and texture of the Conceptual Design, subject to review and acceptance
by City as set forth in this Agreement.
b. Artist shall investigate the feasibility of Conceptual Proposal in terms of
budget, City, TxDOT, and U.S. Army Corps of Engineers requirements, and
maintenance and construction methods, in a collaborative and timely manner.
C. In the Conceptual Design, Artist shall further develop the daytime experience
contemplated in the Conceptual Proposal.
d. Artist shall clarify (i) how the design elements of the Conceptual Design will
appear to persons underneath the West Seventh Street Bridge and (ii) how the
design elements of the Conceptual Design will attach to and enhance the
pedestrian railings and walkways.
e. Artist shall review and make comments on the TxDOT's design for lighting
on the West Seventh Street Bridge to ensure compatibility with Artist's
Conceptual Design.
f. Artist shall attend and participate in the following design team, Steering
Committee and Art Commission meetings as required:
i. Two (2) design team project meetings with TxDOT and the City's
Transportation and Public Works Department, one of which may be
conducted via conference call or online via "webex" technology, and one
which shall be conducted in person and which may be combined with one
of the below described trips to Fort Worth, Texas.
ii. One (1) trip to Fort Worth, Texas, to make 50% Conceptual Design
Presentation to the West Seventh Street Bridge Steering Committee, at a
mutually agreed upon date in fall of 2009.
iii. One (1) trip to Fort Worth, Texas, to make 100% Conceptual Design
Presentation to the West Seventh Street Bridge Steering Committee and
the Fort Worth Art Commission, at a mutually agreed upon date in fall of
2009.
1.2. Deliverables and Contract Manager Responsibility.
a. Artist shall perform the services and furnish all supplies, materials, and equipment
necessary in a timely manner to complete the Work and provide certain
deliverables ("Deliverables") for City approval within two (2) months of the
execution of this agreement:
i. Conceptual plan and elevation sketch, perspective
illustration of conceptual design and developmental concept
sketches for mounting of lighting fixtures, to address items 1.1 (c)
and (d) above.
ii. Preliminary list and cut sheets of art lighting products and a
schedule of electronic components.
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iii. Proposed materials and material samples for armature
forms (that will support the lighting).
iv. A Power Point presentation of the overall conceptual
design.
V. Written narrative description, including the concept,
dimensions, materials, proposed or potential methods of
construction and installation, and maintenance requirements
(document shall be provided separately from the Power Point
presentation) and proposed educational component.
vi. Written budget estimates, on the budget form hereto as
Exhibit "B", for implementation of the Work (document shall be
provided separately from the Power Point presentation).
b. The Contract Manager and one other designated Design Team member shall
constitute the Artist's primary and secondary contact person, respectively. The
Contract Manager shall facilitate timely delivery to Artist copies of all available
relevant documents and design materials including but not limited to applicable
code requirements, updated drawings, timelines and budget setting, to the extent
they are available.
C. Deadline for submission of Artist's Deliverables may be extended by mutual
written agreement between the Artist, and Artist's primary and secondary contact
persons.
1.3 Design Review.
a. Artist shall present the Conceptual Design to the designated community
stakeholder group, Transportation and Public Works Department staff, and
City officials for review and input, and to the Fort Worth Art Commission
for review and approval;
b. To ensure feasibility of the project City may require the Artist to make
such revisions to the Conceptual Design as the City deems necessary in its
sole discretion.
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C. If the City requires any revisions to the Conceptual Design, the Artist shall
incorporate those revisions prior to the acceptance by City of the
Conceptual Design.
d. Upon the expiration of the Term, as hereinafter defined, of this
Agreement, if the Conceptual Design is accepted by the City and funding
becomes available and is approved by City Council, negotiations for final
design, fabrication, delivery and installation of the Work shall commence,
which shall become part of the deliverables under the subsequent Final
Design and Artwork Commission Contract.
1.4. Implementation Budget Total.
Artist shall develop a Conceptual Design that is financially feasible relative to the budget
for implementation. It is understood that the budget for implementation of the Conceptual
Design shall not exceed an estimated amount of FOUR HUNDRED FIFTY THOUSAND
SIX HUNDRED AND EIGHTY DOLLARS AND NO CENTS ($450,680), reflecting
total costs and inclusive of materials, fabrication, delivery, installation, insurance, Artist's
fees (less Artist's fees paid under this contract) and travel expenses, and all associated
costs for the Artwork, as well as educational programming. Artist shall provide a
detailed budget, on the budget form hereto as Exhibit `B", for implementation of the
Artwork.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
2.1. Fixed Fee.
The City shall pay the Artist a fixed fee in the amount of TWENTY FOUR THOUSAND
THREE HUNDRED TWENTY DOLLARS AND NO CENTS ($24,320) (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 all travel expenses. The
Fee shall be paid in the following installments, expressed as percentages (or portions) of
such Fee, each installment to represent full and final, non-refundable payment for all
services and materials provided prior to the due date thereof:
a. $12,160.00 (Twelve Thousand One Hundred Sixty Dollars) upon
execution of this Agreement, recognizing that the Artist has already
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invested time and expense in preliminary coordination with the City and
TxDOT.
b. $7,296 (Seven Thousand Two Hundred Ninety Six Dollars) within thirty
(30) days after the Artist makes the 50% conceptual design presentation to
the Steering Committee at a mutually agreed upon date in fall of 2009,
which shall include 50% progress on all Deliverables, as required in
Section 1.2. i. —vi. of this Agreement.
c. $4,864 (Four Thousand Eight Hundred Sixty Four Dollars) within thirty
(30) days after the Artist submits 100% of the Deliverables, as required in
Section 1.2. i.-vi. of this Agreement and makes the 100% conceptual
design presentation to the Steering Committee and to the Art Commission,
and City notifies the Artist of its approval of the Conceptual Design.
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 TERMINATION
3.1 Term.
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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 Artists by City, whichever is later.
3.2. Gratuities.
City may cancel this Agreement if it is found that gratuities in the form of entertainment,
gifts or otherwise were offered or given by Artists or any agent or representative to any
City or Contract Manager official or employee with a view toward securing favorable
treatment with respect to the awarding, amending, or making of any determinations with
respect to this performance of this Agreement.
3.3. 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 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.
3.4. Termination for Convenience.
a. The services to be performed under this Agreement may be terminated by either
party, subject to written notice submitted thirty (30) days before termination. The
notice shall specify whether the termination is for convenience or cause.
b. If the termination is for the convenience of City, Artists shall have the right to
fees for work performed, in which event 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 City by Artists under this
Agreement prior to the date of termination, provided that no right to fabricate or
execute the Artwork shall pass to City.
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C. If termination is for the convenience of Artists, Artists shall remit to City a sum
equal to all payments (if any) made to Artists pursuant to this Agreement prior to
termination.
3.5. Incapacity of Artists. a. In the event of Artist's corporate dissolution during
the term of this Agreement, City shall have the right to terminate this Agreement
on payment to Artist or Artist's successors for all work and services performed
prior to dissolution. All finished and unfinished drawings, sketches, photographs,
models and work shall become property of City.
b. Should Artist's design have been approved or if Artists' work has progressed to
the point of fabrication of the Artwork, in the event of termination under this
Section 4.5(b), City shall have the right to complete the Artwork. Due regard
shall be made for Artist's intended results and proper credit and acknowledgement
shall be given to Artist.
C. The provisions of this Section 3.5 shall survive the termination or expiration of
this Agreement.
ARTICLE 4
OWNERSHIP OF DESIGN AND REPRODUCTION RIGHTS
The Work and all other work product under this Agreement shall become property of the
City, without restriction on future use, except as provided below. Artist shall retain
copyright and other intellectual property rights in and to the Work. By execution of this
Agreement, 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
the 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.
ARTICLE 5
WARRANTY
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The Work shall be the original product of the Artist's own creative efforts. Artist
warrants that the Work is and will be original and agrees to 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.
ARTICLE 6
ARTIST AS 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 and subcontractors, and doctrine of respondeat
superior has no application as between the City and the Artist.
ARTICLE 7
INDEMNIFICATION
(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, PROVIDED
THAT SAID CLAIMS OR SUITS ARE CAUSED BY ARTIST'S NEGLIGENCE OR
WILFUL MISCONDUCT; AND ARTIST HEREBY ASSUMES ALL LIABILITY AND
RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS. SERVANTS. AND
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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, PROVIDED THAT SAID
CLAIMS OR SUITS ARE CAUSED BY ARTIST'S NEGLIGENCE OR WILFUL
MISCONDUCT. 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 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) All indemnification provisions of this Agreement shall survive the
termination or expiration of this Agreement.
ARTICLE 8
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, or familial status. 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, or familial status. 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. The Artist agrees to post in conspicuous places, available to
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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 age, disability, race, color,
religion, sex, sexual orientation, national origin, or familial status.
C. The Artist shall furnish all information and reports requested by the City, 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 the Artist is in 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.
ARTICLE 9
MISCELLANEOUS
9.1. Compliance.
The Artist shall comply with all Federal, State and City statutes, ordinances and
regulations applicable to the performance of the Artist services under this Agreement.
9.2. 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.
9.3. 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.
9.4. Waiver.
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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.
9.5. Governing Law and Venue.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
9.6. Successors and Assigns.
Neither party hereto shall assign, sublet or transfer its interest herein without prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or
any part hereof without such prior written consent shall be void. This Agreement shall be
binding upon and shall inure to the benefit of the City and the Artists and their respective
successors and permitted assigns.
9.7. 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.
9.8 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.
9.9. Force Majeure.
It is expressly understood and agreed by the parties to this Agreement that if the
performance of any obligations hereunder is delayed by reason of war; civil commotion;
acts of God; inclement weather; governmental restrictions, regulations, or interferences;
fires; strikes; lockouts, national disasters; riots; material or labor restrictions;
transportation problems; or any other circumstances which are reasonably beyond the
control of the party obligated or permitted under the terms of this Agreement to do or
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perform the same, regardless of whether any such circumstance is similar to any of those
enumerated or not, the party so obligated or permitted shall be excused from doing or
performing the same during such period of delay, so that the time period applicable to
such design or construction requirement shall be extended for a period of time equal to
the period such party was delayed.
9.10. Contract Construction.
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
9.11. Fiscal Funding Out.
a. 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.
b. In the event of such termination, City will make payment to Artist for all work
completed to date.
9.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
9.13. Artist's Address.
Artist shall notify the Contract Manager of changes in Artist's address.
9.14. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or
legal incapacity of the Artist.
9.15 Artist's Right to Complete.
It is understood that the Work provided under this Agreement will require the Artist's
involvement in design development and implementation phases to insure the integrity of
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the Artists' design and copyright. In the event that the City elects not to pursue the Work
at any time after the Work is completed under this contract, all rights to its production
and/or construction reverts to the Artist and the City relinquishes any claim to develop
further or to construct the Work.
9.16. 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.
9.17. 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 10
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
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Copies to: David Yett, City Attorney
Law Department
1000 Throckmorton Street
Fort Worth, TX 76102
Martha Peters,Public Art Director
Arts Council of Fort Worth &Tarrant County
1300 Gendy Street
Fort Worth, TX 76107
2. ARTIST Leni Schwendinger, President
LENI SCHWENDINGER LIGHT PROJECTS LTD
336 W 37th St, Studio 1410
NY, NY 10018
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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IN WITNESS HEREOF, the parties hereto have executed this Agreement on this
day and year first written above.
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
7ROV M: ATT ED BY:
earn Guzman Hendrix
Assistant City Attorney City Secretary
In L(C
Contract Authorization
Date
LENI SCHW NGER LIGHT
PROJEC LT , a New York corporation
Lei we nger, President
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EXHIBIT A
Artist's Conceptual Proposal: "Starry Trail Crossing"
ELEVATION
KEMECT®C81N6 RAIN
ELEVATION
UFL CT®CMNGNAN
a TIME CONCErf 9�TCH
STARi1T T11All•""��.�
V/Ell SEVENTH STIEET WOGEARIMb11K
►II 39.]OA
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Exhibit B: Budget Form
FORT WORTH PUBLIC ART PROJECT BUDGET
Please compbw this form and ettiach a eigrrad receipt a estimate co npbos with Per writ
mats(no"arms)for all Items desipnamd with an asterisk(').Cost Increases soar
Ww have a written estimate attached.
ARTIST'S FEE 1201'+1
TRAVEL
For artists who We more than 40 miles irate Fcat Worth)
Airfare
Car Rental
Pet Diem Expenses at 5_per day
Mileage at$_pier mile
INSURANCE
Aulc,!Hired Vehicle Liability
General Liability t?r Artist r Sutcontractoas
Worker's Comp.'Employer's Liability
Other,as applicable
ADMINISTRATIVE EXPENSES
Phate+ax
Deliyery-ShiM:iny-'tor caresIxmdeme,samples.me iels,cliawin s.atsj
Re xographic Service
Supplies
PROFESSIONAL CONSULTANT FEES
ili applicable.drawing must be sigrwj arnj sealed by a Professional registered to practiee
in the State cd Tex as)
Ar hitecr
Structural Engineer`
Electrical Engineer'
r nreroa"'
Photographer ifor 4xumentation of ojrr pleteJwarki'
Other'
MATERIALS
Please attach a complete list of materials.kem¢e all anti.pated aspects aW
a-ml+>nents with per unit cost estinxrtesi
Materials`Total
Cost imreases?:Projected Increase in Cost Materiais 12 Months In Future
FABRICATION COSTS
ilrrlu-df ani itemize all portions ct sub.ontractedwork and work to be o_•mpleied ty
artist.)
Artist's Labor( hours at$ per hsur)Total
SutacontractedLatca'iTotal)
Facility-Equipment Rental itred exclu"eN fort this I:aojecn related to tatni.ation
Cost Increases?:Prr,*-,ted in-cease in Cost Fal:4 V ation 12 Months In Future
SITE PREPARATION
0:•not iw Lie•:osts c•iver ed try FW PA.C•Ry of Fort Vv•_4th or-•thersr
Test Caillirw
Rern.ryar
Landscaping)Itti3alV-n'
Electrical M-:-:NcvW-ns'
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W atx W ork•Mechanical Deai:ea
Cater'
Ccst Increases?:Projedaj Incresse in Ccet tite Preparation 12 Mcnths In Future
TRANSPORTATION
Mater Isis to FaN Vatlon Shp'
Rnish+J W c*tc Installation Site'
Caber'
Cost Incteases?:Projerted Increase in(rest TranK•ittatien 12 Metrths In Future
BASE M OUNTIN G
Base
Mounting Devices and GxnFcments
Fc undation,Fming
Other
Cost Increases?:Projected Increase in G_.st M-untina�Focting 12 Months In Future
INSTALLATION COSTS
(C<sts must include allowance fx after lours installation if aFpN;able.Please attach a
ocmpleie list of egjipment and individual estimateswith this form
-atccntractpd Later'
Scaftcidina'
Equ pmerrt Rental related to installatVW
Off-duty P:)Ilce wuTmj'
Toshio Baniers'
Storage Facif ry Rental`
City Permits
Display Devices
Frpprc-Aina'
Site Restoratirm'
Other'
Cost Increases?:Projected lmiease in Gast Installation 12 Months In Future
LIGHTING
Designers'
Fixtures'
Bulbs-
Site Przt:aratim'
Installalk•n'
Frost Increases?:Projected Increase in i st Lighting 12 Months In Future
GRAND TOTAL,,InckAlIng projected cast Increase,It arty;
Please malts any necessary notes nw:
Prepared By: _ —
Daw
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Exhibit C: Sales Tax Exemption
TEXAS CERTIFICATE,OF EI EMMON
1 claim an exemption from payment of sales and use taxes for the purchase of taxable
items described below or on the attached order or invoice
Description of Items(or an attached order or invoice)'I'o Be Purchased:
All Items
I claim this exemption for the following reason:
Name of exempt organization: Ci of Fort Worth
Texas Sates and Use Tax Permit Number 1-75-6000528-6
Project for which materials and supplies are purchased:
I understand that I will be liable for payment of sales tax,which may become due for
failure to comply with the provisions of the state, city, and/or metropolitan transit
authority sales and use tax laws and comptroller rules regarding exempt purchases
Liability for the tax will be determined by the price paid for the taxable items purchased
or the fair market rental value for the period of time used
I understand that it is a misdemeanor to give an exemption certificate to the seller for
taxable items which I know,at the time of the purchase,will be used in a manner other
than that expensed in this certificate and,upon conviction,may be fined up to$500 per
offense
Tax Exempt Status Due to Being a Governmental Entity
Purchaser: ON of Fort Worth
Street Address: 1000 Thtockmorton Street
City,State,Zip Code: Fort Worth,Texas 76102
Sign Here: B+ s,t Date: 02/07/2007 Phone: f8 1 71 392-8325
'N`eGnr,Russl, mt1Uwce irutcr
This certificate does not require a number to be valid Sales and use tax"exemption
numbers"or"tax exempt"numbers do not exist.
This certificate should be furnished to the supplier Do not send the completed certificate
to the Comptroller of Public Accounts
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Exhibit D: Insurance Requirements
PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS
Artist and/or Artist's Subcontractors will provide the following insurance
requirements.
1. Commercial General Liability(CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
2. 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. If Artist
subcontracts fabrication, transportation and installation of the Work, Artist shall
not be required to provide Commercial General Liability Insurance, however
Artist's Subcontractor shall provide Commercial General Liability Insurance
which shall name the Artist, and The City of Fort Worth as additional insured.
3. Automobile Liability
$1,000,000 Each accident
or
$250,000 Bodily Injury per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on "Any Auto," defined as
autos owned,hired and non-owned.
4. For Artists and/or Artist's Subcontractors who have employees: Workers'
Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease- per each employee
$500,000 Bodily Injury/Disease -policy limit
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.
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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 policies.
• 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.
• Waiver 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 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
22
SEPP-
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.
Exhibit D: Insurance Requirements
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