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Contract 40604
CITY SECRETARY o, m CONTRACT�(�.... ......... .a AGREEMENT FOR DESIGN AND COMMISSION OF PUBLIC ART WORK BETWEEN THE CITY OF FORT WORTH AND MANUEL PULIDO This Agreement ("Agreement"), entered into this 1D day of , 2010 (the "Effective Date"), by and between the CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas (the "City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and MANUEL PULIDO (the "Artist"), an individual, of 7901 Flowertree Court, Fort Worth, Texas 76137. 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 Jennifer Conn, its designated Public Art Collection Manager. WHEREAS, the City is implementing the Fort Worth Public Art Program pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances 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; i WHEREAS, the Fort Worth Public Art Program is implementing a pilot mural initiative that seeks to engage community volunteers selected by Safe City Commission, Inc., Northside Fort Worth Weed and Seed, and Centro Cultural De Las Americas (Cultural Center of the Americas) (collectively, the "Community Organizations") in the process of mural making under the guidance of a professional artist to support the City's efforts to curb graffiti (the "Project"); WHEREAS, funds for design and commission of a mural have been allocated from the Public Art Fund per guidelines in the Long-Range Public Art Plan for the Water Fund, as adopted by the Fort Worth City Council on May 9, 2006, and were included in the FY2010 Annual Work Plan and Budget (approved by City Council M&C #G-16725 on September 6, 2009); c WHEREAS, the Artist was selected by the City through a selection process conducted by the Contract Manager with oversight of the Fort Worth Art Commission (the "FWAC") to, with participation of community youth selected by the Community Organizations (the "Youth Participants"), collaboratively design, fabricate, and install a two-dimensional painted mural on a CITY k N' Page 1 of 42 rigid substrate (the "Work"), as detailed in the "Project Outline" represented and incorporated by reference herein as Exhibit"A"; WHEREAS, the Youth Participants are volunteers and, as such, their services will be offered freely and without pressure or coercion, either direct or implied; WHEREAS, during all phases of the Project involving the Youth Participants, the Youth Participants will act at the direction of the Artist during all phases of the Project; WHEREAS, the City has approved the installation of the Work at the Northside Community Center located at 1100 181h Street, Fort Worth, Texas on the northern facade brick walls flanking the main entrance, more particularly described in Exhibit `B" attached hereto (the "Site"); and WHEREAS, the City and the Artist (collectively, the "Parties") wish to set out the terms and conditions under which the Work shall be designed, fabricated, and installed to promote the integrity of the Artist's ideas and statements as represented by the approved Final Design (the "Final Design"), NOW, THEREFORE, the City and the Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 SCOPE OF SERVICES 1.1. General. a. The Artist shall perform, direct, and/or oversee all services. The Artist shall also furnish all supplies, materials, and equipment as necessary for the Final Design, fabrication, delivery, and installation of the Work at the Site. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Prior to commencing work on the Final Design, the Artist shall meet with and seek input from the community stakeholders group as designated by Council Member Sal Espino, the Fort Worth Parks & Community Services Department staff, and the Community Organizations. Page 2 of 42 C. The Artist shall facilitate collaborative design sessions with the Youth Participants selected by the Community Organizations in a location determined by the Contract Manager. The design sessions will inform the Artist's Final Design for the Work. d. The Artist must pass a thorough background investigation by an entity approved by the City before beginning any portion of the Project with any of the Youth Participants, including the design sessions and the fabrication workshop. If the Artist fails the background investigation, for any reason, the City shall have the right to terminate this Agreement. The results of any background investigation must be submitted promptly to the City for review. Failure of any background investigations shall be determined by the City, in its sole discretion. e. The Artist shall determine the final artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and acceptance by the City as set forth in this Agreement. The location at the Site in which the Work shall be installed has been mutually agreed upon by the City and the Artist. f. Upon request by the Artist, the City shall promptly furnish all information, materials, and assistance required by the Artist to the extent that such materials and assistance are available. The City, upon request by the Artist, shall also provide correct scaled drawings of the Site, if available. g. The Artist shall perform, direct, and/or oversee all fabrication services and will furnish all supplies, materials, and equipment necessary for the transportation and installation of the Work at the Site. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. To the extent that any of the Youth Participants are involved in the fabrication process, the Artist understands and recognizes that the Youth Participants are volunteers and, as such, their services will be offered freely and without pressure or coercion, either direct or implied. h. The Artist shall obtain written permission, as needed, including Copyright permission, for use of any selected photographic images that the Artist has incorporated into his design. i. The Artist shall participate in planning and in one public education event in Fort Worth at a mutually agreed upon date and time. j. The Artist shall install the Work on dates and at times mutually agreed upon by the Artist and the City. Page 3 of 42 1.2. Final Design Phase Deliverables. The Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in section this 1.2 a-g (collectively, the "Final Design Deliverables")to the City for approval. Final Design Deliverables shall consist of the following: a. One conceptual design illustrations showing the Work as it would appear to a visitor viewing the full Work. Illustrations shall be mounted on 20" x 30" foam core and/or in a high resolution digital format, such as a PowerPoint presentation. b. The Artist shall provide a written narrative describing the following items: (1) Final Design concepts and timeline for completion; (2) proposed materials, fabrication, and installation methods for all elements of the Work; (3) maintenance requirements for all elements of the Work as dictated by the Artist along with cost estimates for annual maintenance; and (4) proposed public education program(s)to be conducted by the Artist. C. The Artist shall provide comprehensive working drawings, detailing the means of installing all elements of the Work on the Site, together with other such graphic material as may be requested by the City to permit the City to carry out structural design review. These drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas as required by the City. The Artist will obtain and furnish to the City certificates of professional liability insurance from each such licensed professional and will require the City to be named as a "certificate holder" entitled to notice of cancellation/nonrenewal in accordance with standard practices. The Artist shall not be liable for the use of the drawings submitted under Section 1.2.c. for any use other than the Final Design. d. Material or fabrication samples submitted for approval by the City. e. Project budget on the budget form attached hereto as Exhibit "C" with detailed calculations and/or written estimates for an all inclusive total not to exceed TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00). Page 4 of 42 f. The Artist shall present the Final Design to the designated stakeholder's group, the Community Organizations, and City officials for review and input and to the FWAC for review and approval at dates and times mutually agreed upon. If the Artist's Final Design is approved by the FWAC, the Parties shall attach it as an addenda to the Agreement and incorporate herein for all purposes. g. The Artist shall provide copies of the Final Design presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art archive. 1.3. Final 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, and/or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. b. The City may also require the Artist to make such revisions to the Final Design as the City deems necessary in its sole discretion. C. 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. d. If resubmitted materials are not approved by the City, this Agreement may be terminated at the City's discretion, with payment made to the Artist for work performed under the payment schedule set forth in Section 2.1. 1.4. Execution of the Work a. Upon execution of this Agreement, the Artist shall promptly furnish to the Contract Manager a schedule (the "Schedule") for the completion of the fabrication and installation of the Work, including a schedule for the submission of progress reports, as required. After written approval of the Schedule by the City, the Artist shall fabricate, deliver, and install the Work in accordance with the Schedule. Schedule changes may be accomplished by written agreement between the Artist and the City. Page 5 of 42 b. The Artist shall conduct a fabrication workshop from 9:00 AM to 4:00 PM beginning on Monday, August 16, 2010, and ending on Friday, August 20, 2010, with the Youth Participants at the Fort Worth Community Art Center located at 1300 Gendy Street, Fort Worth, TX 76107. C. The City and the Contract Manager shall have the right to review the Work at reasonable times during its fabrication and/or request visual documentation of the fabrication. The Artist shall, upon written request by the Contract Manager, provide a written progress report detailing the progress made toward completion of the Work and the remainder to be completed. d. The Artist shall complete the fabrication of the Work in substantial conformity with the Final Design. However, the Artist may present to the Contract Manager, in writing for further review and approval, any significant changes in the scope, composition, design, color, size, material, or texture of the Work not in substantial conformity with the Final Design. The Contract Manager shall, in light of the Final Design, determine whether a significant change requires City approval. 1.5. Deliver and Installation. a. The Artist shall notify the City, through its Contract Manager, in writing when fabrication of the Work is completed and ready for delivery and installation at the Site. b. The Artist shall deliver and install the completed Work at the Site in compliance with the Schedule; provided, however, that delivery and installation activities may not commence until written permission is delivered to the Artist by the Contract Manager. C. Should the Artist complete the Work in advance of the completion of the Site, the Artist shall store the Work at no expense to the City until such a time as the Site is completed and the Contract Manager notifies the Artist that installation may commence. d. The Artist, individually and through its subcontractors, shall take all necessary precautions to protect and preserve the integrity and finish of the Site while delivering and installing the Work. The Artist shall repair any damage to the Site due to delivery, installation, or the Artist's negligence or the negligence of the Artist's subcontractors. Page 6 of 42 e. Should the Youth Participants be allowed to volunteer on Site, the Artist shall prohibit any and all Youth Participants from climbing on ladders, scaffolding, or on any elevation above the Youth Participant's personal ability to reach. The Artist, in coordination with the Community Organizations, shall also be responsible for providing hydration, shade, rest, and any other provisions that protect the health, safety, and welfare of the Youth Participants. f. Prior to installation of the Work, the Artist shall provide to the Contract Manager written instructions for appropriate maintenance and preservation of the Work on the form attached hereto as Exhibit "D" ("Technical and Maintenance Record"). The appropriate maintenance and preservation instructions shall not be substantially different from the maintenance and preservation anticipated and conveyed to the City for the Work in the final design phase for the Work. 1.6. Post-installation. a. Within thirty (30) days after the installation of the Work or the opening of the facility, whichever comes first, the Artist shall furnish to the Contract Manager a set of high resolution digital images (.tiff format) and low resolution digital images (.jpeg format) showing the Work and including detail shots; and that at least two of these images show the murals in the context of the overall structure, as selected by the Contract Manager,to document the Work 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. 1.7. Final Acceptance. a. The Artist shall notify the City in writing when all services required have been completed in substantial conformity with the Final Design. Included in such notice from the Artist shall be an affidavit, attached hereto as Exhibit "E" ("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"). Page 7 of 42 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 1.7.a, unless the City, upon receipt of such notice and prior to the expiration of the 35-day period, gives the Artist written notice specifying and describing the services that have not been completed. 1.8. Risk of Loss The risk of loss or damage to the Work shall be borne by the Artist prior to Final Acceptance, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until Final Acceptance, including, but not limited to, the purchase of property loss insurance; except that the risk of loss or damage shall be borne by the City or its agents prior to Final Acceptance during such periods of time as the partially or wholly completed Work is in the custody, control, or supervision of the City or its agents for the purposes of moving, storing, or performing any other ancillary services to the Work. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fee. The City shall pay the Artist a fee in the amount of TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00) (the "Fee"), which shall constitute full compensation for all services to be performed and materials to be furnished by the Artist under this Agreement, inclusive of fabrication, transportation, installation, Artist's fees, insurance, documentation and incidental costs, and all travel expenses. The Fee shall be paid as follows: a. SEVEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($7,500.00) upon full execution of this Agreement. b. FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00)upon the Contract Manager's verification that fabrication is 90% complete. c. TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) within thirty-five (35) days after Final Acceptance and receipt by the City of such documentation it may require concerning payment of supplies and services rendered to the Artist(see Section 1.7). Page 8 of 42 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," in substantially the same form as that attached hereto and incorporated herein as Exhibit"F" for use by the Artist in the fulfillment of this Agreement. 2.3. Artist's Expenses. The Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on submissions to the City, cost of all travel, insurance and costs for the Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3 TERM AND TIME OF PERFORMANCE 3.1. Term. This Agreement shall be in effect from the Effective Date of this Agreement, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to the Artist by the City, whichever is later. 3.2. Duration. The services to be required of the Artist set forth in Article 1 shall be completed in accordance with the Schedule; provided, however, such time limits may be extended or otherwise modified by written agreement between the Artist and the City. 3.3. Early Completion of Artist Services. The Artist shall bear any transportation and storage charges incurred from the completion of his or her services prior to the time provided in the schedule for delivery. Page 9 of 42 3.4. Time Extensions; Force Majeure. 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, and all Youth Participants shall act at the direction of the Artist; b. the Work is and will be unique and original, and does not infringe upon any copyright or the rights of any person; C. the Work(or duplicate thereof) has not been accepted for sale elsewhere; d. the Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Work or any element thereof or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; e. the Work is free and clear of any liens from any source whatsoever; f. the Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; g. all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill, and diligence; and Page 10 of 42 h. the Artist shall assume the defense of, and INDEMNIFY AND HOLD HARMLESS, THE CITY, ITS REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH HE 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. THIS SECTION 4.1(h) SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. 4.2 Warranties of Quality and Condition a. The 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. The 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, the 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 the City. The City shall give notice to the Artist of such breach with reasonable promptness. d. If, after one year, the City observes any breach of warranty described in this Section 4.2 that is curable by the Artist, the City shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during the Artist's lifetime. The Artist shall have the right of first refusal to make or supervise repairs or restorations. Should the Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, the City may seek the services of a qualified restorative conservator and maintenance expert. e. If, within one year, the City observes any breach of warranty described in this Section 4.2 that is not curable by the Artist, the Artist is responsible for reimbursing the City for damages, expenses, and loss incurred by the City as a result of the breach. However, if the Artist Page I 1 of 42 disclosed the risk of this breach in the Proposal and the City accepted that it may occur, it shall not be deemed a breach for purposes of this Section 4.2. f. Acceptable Standard of Display. The Artist represents and warrants that: i. General routine cleaning and repair of the Work and any associated working parts and/or equipment will maintain the Work within an acceptable standard of public display. ii. Foreseeable exposure to the elements and general wear and tear will cause the Work to experience only minor repairable damages and will not cause the Work to fall below an acceptable standard of public display. iii. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Work will not experience irreparable conditions that do not fall within an acceptable standard of public display, including, but not limited to, mold, rust, fracturing, staining, chipping,tearing, abrading, and peeling. iv. Manufacturer's Warranties. To the extent the Work incorporates products covered by a manufacturer's warranty, the Artist shall provide copies of such warranties to the City. g. The foregoing warranties are conditional, and shall be voided by the failure of the City to maintain the Work in accordance with the Artist's specifications and the applicable conservation standards. If the City fails to maintain the Work in good condition, the Artist, in addition to other rights or remedies the Artist may have in equity or at law, shall have the right to disown the Work as the Artist's creation and request that all credits be removed from the Work and reproductions thereof until the Work's condition is satisfactorily repaired. 4.3 Survival of Representations and Warranties These representations and warranties shall survive the termination or other extinction of this Agreement. Page 12 of 42 ARTICLE 5 INSURANCE AND INDEMNITY 5.1. General. The Artist shall carry insurance as set out in Exhibit "G." Except as provided in Section 1.8 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. 5.3. Indemnity. (a) THE ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT HIS OWN EXPENSE, THE CITY AND ITS REPRESENTATIVES, OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT, AND/OR THE OPERATIONS, ACTIVITIES, AND SERVICES DESCRIBED HEREIN, PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY THE ARTIST'S NEGLIGENCE OR WILFUL MISCONDUCT; AND THE ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF THE CITY AND ITS REPRESENTATIVES, OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OIL SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NON-PERFORMANCE OF THIS AGREEMENT, AND/OR THE OPERATIONS, ACTIVITIES, AND SERVICES DESCRIBED HEREIN, PROVIDED THAT Page 13 of 42 SAID CLAIMS OR SUITS ARE CAUSED BY THE ARTIST'S NEGLIGENCE OR WILFUL MISCONDUCT. THE ARTIST LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE, AND/OR DESTRUCTION OF PROPERTY OF THE CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF THE ARTIST, HIS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. (b) THE ARTIST AGREES TO AND SHALL RELEASE THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ANY AND ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED BY THE ARTIST IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. (c) The Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of the City in substantially the same form as above. (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, models, and/or drawings that constitute or are components of the Final Design, shall pass to the City upon Final Acceptance and payment for the Work. These documents, models, and/or drawings will be retained for archival and exhibition purposes. The Artist's Final Design and all other work products under this Agreement shall become the property of the City, without restriction on future use, except as provided below. 6.2 Copyright Ownership. The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of the Work for the duration of the copyright. Page 14 of 42 6.3 Reproduction Rights. a. In view of the intention that the final Work be unique, the Artist shall not make any additional exact duplicate reproductions of the final Work, nor shall the Artist grant permission to others to do so except with the express written permission of the City. However, nothing herein shall prevent the Artist from creating future artworks in the Artist's manner and style of artistic expression. b. By execution of this Agreement, the Artist's Final Design and Work, and all other work product under this Agreement shall become property of the City, without restriction on future use, except as provided below. The Artist shall retain copyright and other intellectual property rights in and to the Final Design and/or the Work. The Artist grants to the City a perpetual, irrevocable license to graphically depict or display the Final Design and the Work for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Final Design or 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. Notwithstanding the above limitation, the Artist agrees and understands that nothing in this paragraph shall affect or limit the City's absolute, unrestricted rights incidental to the City's full ownership of the final Work to alter, change, modify, destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in whole or in part, the final Work when the City deems it necessary within its discretion, in order to otherwise exercise the City's powers and responsibility in regard to public works and improvements, in furtherance of the City's operations or for any other reason. The City agrees to credit the Artist as the creator and copyright holder when it graphically depicts or displays the Work. C. The City shall take title to all documents and/or drawings, which constitute or are components of the Final Design, upon final approval of the Final Design. These documents and/or drawings will be retained for archival and exhibition purposes. d. The Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Final Design, except as those rights are limited by this Agreement. The City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Final Design and accompanying Page 15 of 42 materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "©date,Artist's names." e. Unless notified otherwise by the City, the Artist shall use his best efforts in any public showing or resume use of reproductions to give acknowledgment to the City in substantially the following form: "an original artwork commissioned by and in the public art collection of the City of Fort Worth, Texas." f. The Artist shall, at the Artist's expense, cause to be registered with the United States Register of Copyrights, a copyright in the Work in the Artist's name. g. The City is not responsible for any third-party infringement of the Artist's copyright and not responsible for protecting the intellectual property rights of the Artist. ARTICLE 7 ARTIST'S RIGHTS 7.1. Identification. The Contract Manager shall include credit to the Artist on the Fort Worth Public Art website (www.fwpublicart.org) and a permanent plaque at the site. 7.2. Maintenance. The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work. The City shall reasonably assure that the Work is properly maintained and protected, taking into account the maintenance instructions provided by the Artist in accordance with Section 1.2 and the 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 the 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 Page 16 of 42 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 to prevent the loss of or further damage to the Work, such repairs shall be undertaken or arranged by the City without advance notice to the Artist, and such repairs shall not be deemed to constitute artistic alteration. 7.4 Lifespan. The Artist recognizes that painted murals have a limited lifespan and understands that the City retains the right to review the efficacy, cultural value, and associated costs of maintaining and conserving the mural to determine a reasonable lifespan for the Work in accordance with the deaccessioning policy contained in the Fort Worth Public Art Master Plan. The City agrees to weigh the desire of the community, the City's ability to maintain the Work, and the interest of the Artist before deaccessioning the Work. The Artist agrees herein, to suspend his rights under the Visual Artists Rights Act (VARA) should the Work be deemed to have fulfilled its lifespan and deaccessioned. 7.5. 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 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 ninety (90) days to remove the Page 17 of 42 Work at his sole expense. Upon the 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. 7.6. Permanent Record. The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Work. 7.7. 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. 7.8. 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. ARTICLE 8 ARTIST AS AN INDEPENDENT CONTRACTOR The Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of 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, Page 18 of 42 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 the doctrine of respondeat superior has no application as between the City and the Artist. ARTICLE 9 SUBCONTRACTING The Artist may subcontract portions of the services to be provided hereunder at the Artist's expense, provided that said subcontracting shall not adversely affect the design, appearance, or visual quality of the Work and shall be carried out under the personal supervision of the Artist. Any subcontract entered into under this Agreement shall be expressly subject to the terms of this Agreement. The Artist shall provide information regarding all subcontractors, including, but not limited to, its fabricator, along with a copy of the subcontract between the Artist and each subcontractor. If the Artist subcontracts any portion of his services that would require any contact with the Youth Participants, the Artist must give the City seventy-two (72) hours business notice. All subcontractors must pass a thorough background investigation by an entity approved by the City before beginning any portion of the Project with any of the Youth Participants. If a subcontractor fails the background investigation,then he/she shall be prohibited from working on any portion of the Project with any of the Youth Participants. The results of any background investigation must be submitted promptly to the City for review. Failure of any background investigations shall be determined by the City, in its sole discretion. ARTICLE 10 TERMINATION 10.1. Gratuities. The City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Artist or any agent or representative to any City official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. In the event this Agreement is canceled by the City, pursuant to this Section 10.1, Page 19 of 42 the City shall be entitled, in addition to any other rights and remedies, to recover from the Artist a sum equal in amount to the cost incurred by the Artist in providing such gratuities. 10.2. Termination for Cause. If either parry 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 parry of the intent to terminate, specifying the grounds for termination. The defaulting parry shall have thirty (30) days after receipt of the notice to cure the default (the "Cure Period"). If the default is not cured during the Cure Period, then this Agreement shall terminate. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 10.3. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either parry, 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 fees for work performed, in which event the City shall have the right at its discretion to possession and transfer of title to the sketches, designs, original proposal paintings or illustrations, fabrication samples, 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 with all right granted to the City in Article 6, but provided that no right to fabricate or execute the Work shall pass to the City. C. If termination is for the convenience of the Artist, the Artist shall remit to the City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to termination. 10.4. Incapacity of Artist. a. In the event of the Artist's death or the Artist becoming physically or legally incapacitated during the term of this Agreement, the City shall have the right to terminate this Page 20 of 42 Agreement on payment to the Artist or the Artist's successors for all work and services performed prior to death or incapacity. All finished and unfinished drawings, sketches, photographs, models, and work shall become property of the City. b. Should the 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 age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. The Artist shall take affirmative action to ensure that employees are treated equally during employment, without regard to their age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, transfer, recruitment or pay or other forms of compensations, and selection for training, including, but not limited to, apprenticeship. The Artist agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by the City setting forth the provision of this nondiscrimination clause. b. The Artist shall, in all solicitation or advertisements for employment placed on or on behalf of the Artist, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, national origin, familial status,transgender, gender identity, or gender expression. C. The Artist shall furnish all information and reports requested by the City, 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. Page 21 of 42 ARTICLE 12 MISCELLANEOUS 12.1. Compliance. The Artist shall comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the Artist's services under this Agreement. 12.2. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12.3. Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of the City. 12.4. Waiver. No waiver of performance by either parry 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. 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. Page 22 of 42 12.6. 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 Artist and their respective successors and permitted assigns. 12.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of the City and the Artist, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 12.8. Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 12.9. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 12.10. Fiscal Funding Out. If, for any reason at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery by the City to the Artist of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. Page 23 of 42 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. The Artist shall notify the Contract Manager of changes in address. 12.13. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of the Artist. 12.14. Right to Audit. The Artist agrees that the City will have the right to audit the financial and business records of the Artist that relate to the Work (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City at 1000 Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Notwithstanding anything to the contrary herein, this Section 12.14 shall survive expiration or earlier termination of this Agreement. 12.15. Certified M/WBE. If applicable, Artist shall make its best effort to become a certified Minority/Women Business Enterprise ("M/WBE") firm with a certifying agency whose certification is accepted by the City under the City's M/WBE ordinance. 12.16 Survival Provision The provisions contained in Articles 4, 5, and 8 shall survive the termination or expiration of this Agreement. Page 24 of 42 12.17 Public Information Act The Artist understands and acknowledges that the City is a public entity under the laws of the State of Texas and, as such, all documents held by the City are subject to disclosure under Chapter 552 of the Texas Government Code. The Artist shall clearly indicate to the City what information it deems proprietary. If the City is required to disclose any documents that may reveal any of the Artist's Proprietary Information to third parties under the Texas Government Code, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, the City will notify the Artist prior to disclosure of such documents, and give the Artist the opportunity to submit reasons for objections to disclosure. The City agrees to restrict access to the Artist's information to those persons within its organization who have a need to know for purposes of management of this Agreement. The City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. The City will use its best efforts to secure and protect the Artist's information in the same manner and to the same degree it protects its own proprietary information; however, the City does not guarantee that any information deemed proprietary by the Artist will be protected from public disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of three (3) years after the expiration of this Agreement. ARTICLE 13 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail,return receipt requested,postage prepaid, as follows: 1. CITY OF FORT WORTH: Fernando Costa,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: City Attorney Page 25 of 42 City of Fort Worth Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Vice President—Public Art Arts Council of Fort Worth&Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST Manuel Pulido 7901 Flowertree Court Fort Worth TX. 76137 [SIGNATURES APPEAR ON FOLLOWING PAGE] Page 26 of 42 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the Effective Date. CITY OF FORT WORTH ARTIST Fernando Costa Manuel Pulido Assistant City Manager Individual Capacity APPROVED AS TO FORM: Tyler Wallach Assistant City Attorney ATTESTED BY: on A00 0000000r 0 U` -O�O %0 Marty Hendrix, &ity Secretary % 0 e 'Cl ry 000 OUO DOG Contract Authorization: No M&C required .......... .......... RECORD C1'1'Y Page 27 of 42 EXHIBIT A Pilot Mural Project Outline OBJECTIVE The objectives of the FWPA pilot mural project are to support the FWPA goals in creating an enhanced visual environment and integrating design work of professional artists into city infrastructure. By focusing attention on constructive mark-making and community engagement/ownership as an initiative to eradicate graffiti, the FWPA pilot project will contract with professional artists to design and lead fabrication of an approved mural but also engage community youth to assist in pre-design planning and fabrication. A program styled to bring talented youth into the design and implementation of the mural-making process is supported by the success of various national programs, including Philadelphia Mural Arts. INVITATIONAL ARTIST AND YOUTH SELECTION PROCESSES FWPA will invite three-to-four artists or artist teams to submit qualifications and letters of interest to act as lead artist for the FWPA Pilot Mural Project. Artists will have proven experience of working in a large-scale format, ability to manage a public art project, experience working with community and youth, and will express an openness to participate in the Artist Mural Training Workshop and with the advisory panel. An artist selection panel comprised of the following: • one Art Commissioner; • one Council District representative; and • one representative of the advisory panel will select the lead artist or artist team through a review and interview process. The selected artist or artist team will enter a professional services agreement with the City of Fort Worth. No M&C is required for this project. Student nominees—middle and high school students who have participated in arts programs and are Northside residents or Safe City Art Contest participants — selected by community organizations Safe City Commission, Inc., Northside Fort Worth Weed and Seed, and Centro Cultural De Las Americas (Cultural Center of the Americas) will take part in introductory artist Page 28 of 42 meetings defining program goals and volunteer for a fabrication workshop. In collaboration with the lead artist(s), an overarching theme will be explored and developed. The lead artist will make the ultimate decision as to the final theme to be developed. Pre-design materials (drawings, narratives, etc) created by youth participants will be submitted to the lead artist(s) for preliminary design layout and approval. The lead artist will present the final design to the FWAC for approval. Students are encouraged to participate in the fabrication workshop at the Fort Worth Community Art Center. Creation of the mural at the Art Center and on a substrate to be installed after completion elevates the collaboration experience, provides a controlled focused environment, and avoids liability issues of working on-site. In addition to the Pilot Mural Project, FWPA will provide an artist-training workshop to allow local artists to learn mural methods and techniques through a one-day artist training session. The training session will be administered by an experienced muralist or mural team, and the training workshop will be open to all artists interested in the pilot or future mural projects. This one-day session will include an overview of issues, including the following: • Guidelines, Procedures, and Processes; • Themes and Controversies; • Project Management, Budget, and Planning; • Timeline development; • Location Strategies; • Liability; • Life Expectancy, Maintenance, Conservation, &Restoration; and • Artist's rights. PUBLIC ART BUDGET $ 25,000.00 from the Public Art Fund—Mural $ 3,000.00 from the Administrative Budget—Artist Training LOCATION Selected with help from the Safe City/Weed & Seed Boundary Map in District 2 on the City's Northside, the target area is bounded by Loop 820 on the north, Main Street on the east, Northside Drive on the south, and Jacksboro Hwy on the west(see attached) Recommended Site-Northside Community Center, 1801 Harrington,Fort Worth, Texas Page 29 of 42 TIMELINE FWAC Review and Recommendation—Project Outline June 14, 2010 Invitation to Artists June 15, 2010 Artist Selection July 6, 2010 Artist under Contract (no M&C required) July 7, 2010 Artist Training Workshop TBD FWAC Review and Recommendation—Preliminary Design Aug. 9, 2010 Mural Making Workshop Aug.16—Aug. 20, 2010 Installation TBD ADVISORS • Host site representative • Jeff Bryan, Development Director, Safe City Commission, Inc. • David Lozano, Site Coordinator,Northside Fort Worth Weed and Seed • Melody Mitchell, City of Fort Worth Parks and Community Services Department • Alison Letnes, PACS Graffiti Abatement • Centro Cultural De Las Americas (Cultural Center of the Americas) — Helen Sides, Executive Director. Programmatic support, student nominees • TBD, Philadelphia Mural Arts representative • FWPA BACKGROUND As early as November 2008, in an effort to support the City's efforts to curb graffiti, FWPA has been a part of ongoing discussions with the City and community stakeholders about creating murals in the City. Topics of interest included the following: • Enhancing the visual environment; • Developing visual reputation; • Building community in affected areas; and • Providing valuable social/educational experiences for community youth. From those discussions, strategies were recommended, including the following: • Develop a multi-tiered program with community stakeholders. ex: FWISD, FWPD, Safe City, Boys and Girls Club, FWPA; • Develop early prevention program through FWISD art program; • Coordinate with artists and arts organizations; and • Develop city-wide guidelines (mural policy). Page 30 of 42 On April 22 2009, FWPA hosted a public lecture at the Rose Marine Theater titled The Big Picture: Transforming Philadelphia into the "City of Murals" by Judie Gilmore Lomnes, Director of Strategic Initiatives and Planning for the City of Philadelphia Mural Arts Program. Ms. Lomnes highlighted examples from the Philadelphia mural collection and detailed the transition of the Mural Arts Program from an anti-graffiti initiative in to a comprehensive mural arts program. A planning workshop with city staff and interested stakeholders occurred the following day. Council member Joel Burns and twenty representatives from four city departments (Parks and Community Services, Fort Worth Police, Code Compliance, and Planning and Development), one county representative (Tarrant County Juvenile Services), four arts organizations (Imagination Celebration, Amphibian Productions, Artes de la Rosas, and Cultural Center de las Americas), and three youth service organizations (Boys & Girls Club, All Saints Youth Group, and Tarrant County Juvenile Services) attended the workshop. As a result of the planning workshop, the Fort Worth Art Commission approved funds for a FWPA pilot mural project in the FY2010 Fort Worth Public Art Work Plan. Page 31 of 42 EXHIBIT B - Sit sw $+ T ° ) \ < Walls flanking north entrance. Each wall measures 25'W» l2.yG and has an inset measuring 16'W x 4'3"H that ma be utilized a a design eleme t � � l � Page J2 of 4 ( ( EXHIBIT C -Budget FORT WORTH PUBLIC ART'PROJECT BUDGET Please complete this form and attach a signed receipt or estimate complete with per unit costs(no lump sums)for all items designated-with an asterisk(*).Cost increases must also have a written estimate attached. ARTIST'S FEE(20%) TRAVEL (For artists who live more than 50 miles from Fort Worth) Airfare Car Rental Per Diem Expenses at$_per day Mileage at$_per mile INSURANCE Auto/Hired Vehicle Liability General Liability for Artist/Subcontractors Worker's Comp./Employer's Liability Other,as applicable ADMINISTRATIVE EXPENSES Phone/Fax Delivery/Shipping(for correspondence,samples,models,drawings etc) Reprographic Service Supplies PROFESSIONAL CONSULTANT FEES (If applicable,drawing must be signed and sealed by a professional registered to practice in the State of Texas) Architect* Structural Engineer* Electrical Engineer* Conservator* Photographer(for documentation of completed work)* Other* MATERIALS (Please attach a complete list of materials. Itemize all anticipated aspects and components with per unit cost estimates) Materials*Total Cost Increases?:Projected Increase in Cost Materials 12 Months In Future FABRICATION COSTS (Include and itemize all portions of subcontracted work and work to be completed by artist.) Artist's Labor(_hours at$_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) Page 33 of 42 Test Drilling* Removal* Landscaping/Irrigation* 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: Page 34 of 42 EXHIBIT D - Technical and Maintenance Record GENERAL INFORMATION Artist: Address: Telephone: Cell: E-mail: Gallery Affiliation: Other Representation: ARTWORK Title of Artwork: Project Name and Location Address: FWPA Project Manager: Description of Artwork: (attach separately if necessary): Artwork Dimensions: Height: Width: Depth: Pedestal or Pad Material: Pedestal or Pad Dimensions: Height: Width: Depth: Location&Description of Signature Markings (or copyright): Edition Information if applicable: Date of Execution: Place of Execution: Collaborating Artist: Fabricator(if other than artist) Fabricator Address: Page 35 of 42 Methods/Materials Used in Execution of Artwork Materials (list type, brand name and manufacturer of all materials; attach Material Safety& Technical Data. Include contact names for all suppliers and attach warranty information): Construction Description: (list all fabricators and any architects, engineers or other technicians involved in the creation and installation of this artwork. Attach all warranties & agreements) Material(s) Specifications: Joining Methods: Welding Rod Alloy or Joint Material &Application Method: Casting Alloy, Wax Body, Glass or Fiber Type: Page 36 of 42 Finishes & Coatings (paint color and type, glaze, patina, any and all coatings including fixative, LTV, graffiti, etc. Please list vendors and contact information and provide all product information): Pedestals, Foundations &Footings, Mounting and Attachment Applications: (List all materials used to install artwork on site. Include vendor information,parts numbers, warranties and agreements) Integrated Components: (List all components included in design and fabrication contracts that function as a part of the final installation including but not limited to: lighting, media, landscaping, etc. Include all vendor information, parts numbers, warranties and agreements and any/all design schematics): Installation: Installation Date: Installation Method: (describe installation method,provide photo documentation if available. List name and contact information of installation crew. Attach any diagrams or disassembly instructions) Page 37 of 42 Recommended Routine Maintenance: Artist recommendation based on experience and consultation with conservation expert Artist's Conservation Consultant Name: Address: Phone: (Please attach Conservator's Long Term Maintenance Recommendations) Unusual or Special Circumstances of Note: Artist's Intention (Please describe your view of how the artwork will change over time and in response to environmental conditions. The artist's vision of how the artwork will look in the future assists FWPA in realizing an appropriate conservation action plan. In addition to environmental conditions public artworks are often affected by public handling, landscaping and site changes. Please clearly detail your expectations for this artwork. Please address issues related to the life expectancy of this artwork.) Page 38 of 42 EXHIBIT E: Affidavit AFFIDAVIT OF BILLS PAID Date: Affiant: Purchaser: Property: Affiant on oath swears that the following statement is true: Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials provided to Affiant for the construction of any and all improvements on the property. Affiant is not indebted to any person, firm, or corporation by reason of any such construction. There are no claims pending for personal injury and/or property damages. Affiant: SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the day of , 201_. Notary Public, State of Texas Print Name Commission Expires Page 39 of 42 EXHIBIT F: Sales Tax Exemption TEXAS CERTIFICATE OF EXED7PTION I 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)To Be Purchased: All Items I claim this exemption for the following reason: Name of exempt organization: City of Foit Worth Texas Sales 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 fox 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: City of Fort Worth Street Addtess: 1000 Throckmorton Street City,State,Zip Code: Fort Worth,Texas 76102 Sign Here: J Date: 02/07/2007 Phone: (817}342-8325 AS eGraydtossi,,W stant Finance birector 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.. Page 40 of 42 EXHIBIT G: Insurance PUBLIC ART PROJECTS -INSURANCE REQUIREMENTS The Artist shall meet all the following insurance requirements for this Project, naming the City as an additional insured on each policy of insurance, except Workers Compensation. If the Artist subcontracts fabrication, transportation, and/or installation of the Work, then the Artist shall also require his/her subcontractor(s) to abide by all of the following insurance requirements. The Artist shall require the subcontractor(s)to name the Artist and the City as additional insureds. Commercial General Liability(CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include, but not be limited to,the following: premises, operations, independent contractors,products/completed operations,personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and be as comprehensive as the current Insurance Services Office (ISO)policy. The policy shall name the City as an additional insured. Automobile Liability $1,000,000 Each accident or $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non-owned. For the Artist and/or the Artist's Subcontractors who have employees: Workers' Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease -per each employee $500,000 Bodily Injury/Disease -policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.). GENERAL POLICY REQUIREMENTS Thirty(30) days notice of cancellation or non-renewal. Page 41 of 42 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. 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 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 parry 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. Page 42 of 42