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HomeMy WebLinkAboutContract 29647 CITY SECRETARY CONTRACT NO. �- AGREEMENT FOR DESIGN OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND VERNON FISHER This Agreement, entered into this S day of Al b a-� , 2004, by and between the CITY OF FORT WORTH, a municipal corporation, located in Tarrant County, Texas, (the "City") acting by and through its duly authorized City Manager or his designee and VERNON FISHER(the "Artist"), with studios at 1109 N. Main Street, Fort Worth, TX 76106. The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, INC., (the "Contract Manager") to manage this AGREEMENT on its behalf. WHEREAS, the funds from the CITY OF FORT WORTH PUBLIC EVENTS DEPARTMENT and its FORT WORTH CONVENTION CENTER Facility (the "City Facility") have been allocated for the selection, design, and placement of works of art at, in, or near said City Facility; and, 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 to design, fabricate and install two-dimensional works of art entitled, EARLY TEXAS/ MODERN TEXAS, more particularly described as two (2) oil and acrylic paintings on shaped hardboard (the "Work"), to be installed in the Main Entrance Lobby of the Fort Worth Convention Center, 1201 Houston Street, Fort Worth, TX, 76102, more particularly described in Exhibit "A" hereto (the "Site"); and, WHEREAS, the City and the Artists wish to set out the terms and conditions under which said Work shall be designed in order to promote the integrity of the Artist's ideas and statements as represented by the Work, NOW, THEREFORE, the 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: 03-11 -04A11 :40 RCVD ARTICLE 1 SCOPE OF SERVICES 1.1. General. a. Artist shall perform all services and furnish all supplies, materials, and equipment as necessary for aesthetic and structural design review of the Work, as modified per infra, for approval by the City. b. Artist shall provide written maintenance recommendations for the paintings. C. Artist shall present his final design to City officials, as requested by Contract Manager. d. Artist shall participate in one public education program during the Fort Worth Convention Center Public Art Proposal Exhibition scheduled for January — February 2004 at the Fort Worth Community Arts Center, as requested by Contract Manager. 1.2. Proposal Selection. City and Artist acknowledge that the Artist's Preliminary Proposal, attached hereto as Exhibit "B", as reviewed and recommended by the Fort Worth Art Commission, with input from the Fort Worth Convention Center Steering Committee, is the basis for executing this design services Contract with the Artist. 1.3 Budget Total Artist's finished design shall include a budget for the complete fabrication, delivery and installation of the Work for a total not to exceed ONE HUNDRED SIXTY-FOUR THOUSAND ONE HUNDRED SIXTY DOLLARS AND NO CENTS ($164,160) plus contingency as may be needed to include lighting design, lighting fixtures and their installation. 1.4. Design Review. a. Within three (3) months after the exec tion b ,�tlMIjp Agreement, the Artist shall prepare and submit to the City t fid , 2 1. Detailed final design drawings for all elements of the Work that shows its size and placement in relation to the site for review and approval by the City; 2. Detailed working drawings detailing the means of installing the Work on the site, together with such other graphic material as may reasonably be requested by the City in order to permit the City to carry out structural design review and to certify compliance of the Work with applicable statutes, ordinances and regulations; and, 3. Written narrative description of the final design, specifications of lighting fixtures and placement, and maintenance requirements. b. Upon request by the Artist, the City, the City Facility architect, engineer and/or project manager shall promptly furnish all information, materials, and assistance required by the Artists in connection with said submission to the extent such materials are available. The City, upon request, shall also provide correct scaled drawings of the site, if available. C. The City may require the Artist to make such revisions to the Design as are necessary for the Work to comply with applicable statutes, ordinances or regulations of any governmental regulatory agency having jurisdiction over the City Facility for reasons of safety and security. d. The City may also request revisions to the Design for other practical, non-aesthetic, reasons. e. The Artist's fee shall be equitably adjusted for any increase or decrease in the Artist's cost of or time required for, performance of any services under this Agreement as a result of revisions made under this, o Section 1.4. Any claim of the Artist for adjustment and r this Secti©aI1, q 3 must be asserted in writing within thirty (30) days of the date of the revision by the Artist. f. Within thirty (30) days of its receipt of the Artist's submission pursuant to this Section 1.4, the City shall notify the Artist of its approval, or disapproval, of such submission and of each revision made in the Design. Revisions made pursuant to this Section 1.4, upon approval by the City, shall become part of the Design. g. If the aforementioned submission or any required revision is disapproved by the City, the Artists shall have thirty (30) days to resubmit the materials in conformance with the City's requirement. h. If resubmitted materials are not approved by the City this contract may be terminated at the City's option, with payment per the payment schedule in Section 2.1. i. If the Design is accepted by the City, this Agreement shall terminate upon final payment to the Artist for his design services and negotiations for fabrication, delivery and installation of the Work shall commence. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artist a fixed fee of EIGHTEEN THOUSAND TWO HUNDRED FORTY DOLLARS AND NO CENTS ($18,240), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement. The fee shall be paid in the following installments, expressed as percentages (or portions) of such fixed fee, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof- 4 f� ;:. a. Thirty-five percent (35%) upon execution of this Agreement, recognizing the Artist has already invested time and expense in preliminary design coordination with the City and its consultants. b. Forty_percent (40%) within thirty (30) days after the Artist submits all materials required for the approval of the detailed design drawings, working drawings and other items outlined in Section 1.4.a. C. Twenty-five percent (25%) within thirty (30) days after the City notifies the Artists of its approval of detailed design drawings, working drawings and other items required under Section 1.4.a. 2.2. Sales Taxes. The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Work. The City shall supply 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 "C". 2.3. Artists' Expenses. The Artist shall be responsible for the payments of all mailings or shipping charges, including insurance on submissions to the City, subcontractor costs of the Artist and the costs of all travel by the Artist. ARTICLE 3 REPRODUCTION RIGHTS 3.1. General. The Artist retains all reproduction rights under the Copyright Act of 1975, 17 U.S.C. §§ 101 et. seq., and all other rights in and to the Work except as such rights are limited by this Section 3. 3.2. Artist's Address. The Artist shall notify the City of changes in address. 9 3.3. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of the Artist. ARTICLE 4 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 5 CONTRACT MANAGER The Contract Manager for this Agreement shall be the Arts Council of Fort Worth & Tarrant County, Inc., acting through its designated Public Art Director. ARTICLE 6 MISCELLANEOUS 6.1. 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. 6.2. Entire Agreement. This writing embodies the entire agreement and understanding between the arties hereto, and there are no other agreements and understandings, oral or writte , ;with' the subject matter hereof that are not merged herein and superseded he eby. ( IYAU 6 LV, : 6.3. 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. 6.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 6.5. Governing Law and Venue. This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any litigation arising from this Agreement shall be in Tarrant County, Texas. 6.6. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective successors and permitted assigns. ARTICLE 7 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: Libby Watson, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 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 Vernon Fisher 1109 N. Main Street Fort Worth, TX 76106 i. . 8 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH ATTESTED BY By: 4ts City M ager or his Designee V�%�� 4my zu�19y, l f . Printed Name r ARTIST contract authorization 116L Dato V, F Printed Name APPROVED AS TO FORM: ssistant City Attorney BUD 9 L - - 2 0 0 < 2 ■ u m 2 3 ........ R■ tou 3o�d u 5 a <■ — 10 Oma__ /2 7 ■ 3 8_ --------a 6 0 u woos tm 0 ■ .................--------------- .................................... � m — — mom 3 z ................................ ................--...............w. J ¢ n = O U m L Z W Y x �........-.. r 8 zccw A m -o r.uooa ................................. Cn W O I......................................... U a .................w..............................................._..w 0 LL J g waoao -! Zm lot 90v C 1I W _ cc at r O 133WIS K NIN EXHIBIT "A" Vernon Fisher 1109 N. Main Ft. Worth, TX 76106 817.625.6931 fax 817.625.6932 Ofisher@earthlink.net PROJECT SUMMARY I am proposing two large ( 13 .5 ' x 141 ) blackboard/map paintings for the walls adjacent to the escalators on either side of the grand lobby. I chose these sites because of their proximity to the grand lobby and because they have the advantage of being seen from multiple perspectives: from the ground floor, the escalators themselves , and the second floor. In addition, the extensive traffic up and down the escalators makes them interesting locations for artworks . The general subjects of the blackboards will be early and modern Texas respectively. Each blackboard will consist of a "shaped" blackboard map of Texas, a landscape vignette and numerous faux chalk drawings of Texas related subject matter. The blackboard maps themselves will locate each "Texas" historically; the landscape vignettes with the expansive Texas sky will embody the optimistic and entrepreneurial spirit of Texas , and the smeared and , partially erased faux chalk drawings will contribute a more nuanced feeling of place. 01 Early Texas will map rivers, early settlements and the cattle trails of the late 19th century (the cattle drives being a celebrated example of early commerce. ) The drawings will depict numerous examples of --wildlife associated with Texas . The vignette will depict the "natural" expansive-sky landscape of Texas . Modern Texas will map the interstate highway system and modern cities of the state. The subject :matter of the drawings will be drawn from Ft. Worth today: subjects from life in the city and a selection of prominent landmarks . The vignette in this case will again depict an expansive-sky landscape of Texas but with the addition of a busy highway and the skyline of Ft. Worth. r zz] of 4�vLDJ, EXHIBIT "B" Vernon Fisher 1109 N. Main Ft. Worth, TX 76106 817.625.6931 fax 817.625.6932 Aisher@earthlink.net Budget Two Blackboard/Maps of Texas @ 90 , 000 . ea. 180 , 000 . * C� Tax Delivery and installation 2 ,400 ��` Total 49:7- 259- .�' � $182,400. Budget itemization of included expenses : Fabrication costs 14, 250 . Studio expenses for 8 months 16, 000. Additional assistant for 20 weeks 15 , 000 . Material costs in additional to fabrication 1 , 500 . *The blackboards are priced commensurate with the price of other blackboard commissions . Schedule I expect it to take 2 months to fabricate the blackboard structures , then another 6 to 8 months to finish and install the paintings. To be on the safe side I would prefer to have a year to complete the project. � 1�, EEC, �° FORTWORTH TEXAS CERTIFICATE OF EXEMPTION 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 Fort 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 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: City of Fort Worth Street Address: 1000 Throckmorton Street City, State, Zip Code: Fort Worth, Texas 76102 Sign Here: Date: Z o3 Phone: (817) 871-8517 J96-es R.Keyes,Director Finance 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 th Inted certificate to the Comptroller of Public Accounts. U EXHIBIT "C" Tui :'•'''w'UaUWt �� City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/24/2004 DATE: Tuesday, February 24, 2004 LOG NAME: 25ARTFISHER REFERENCE NO.: C-19977 SUBJECT: Authorize the City Manager to Enter into a Design Contract and an Artwork Commission Contract with Vernon Fisher for Two Sited Paintings for the Fort Worth Convention Center RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into a design contract with Vernon Fisher for design development of two sited paintings for the Fort Worth Convention Center in the amount of$18,240, as authorized on July 29, 2003 (M&C C-19682); and 2. Authorize the City Manager to enter into an artwork commission contract with Vernon Fisher for fabrication, delivery, and installation of two sited paintings for the Fort Worth Convention Center, upon the City's approval of the artist's final design in the amount of $164,160, as authorized on July 29, 2003 (M&C C-19682); and 3. Authorize the City Manager to increase the artwork commission contract by an amount not to exceed $17,700 in contingency funds, as may be required based upon final budget estimates for a total not to exceed $200,100, as authorized on July 29, 2003 (M&C C-19682). DISCUSSION: On July 29, 2003 (M&C C-19682), the City Council authorized $500,000 in the Public Events Fund to be used for the acquisition, delivery, and installation of public art at the Fort Worth Convention Center (FWCC). On July 8, 2003, the Fort Worth Art Commission (FWAC) recommended that the City commission Vernon Fisher to fabricate, deliver, and install his proposed Early Texas/Modern Texas, consisting of two large- scale oil paintings on a Texas-shaped canvas, to be sited in the water gardens lobby of the FWCC. On November 3, 2003, Mr. Fisher presented his original proposal to the FWCC Expansion and Renovation Steering Committee. While the design of Early Texas is rendered in detail, Modern Texas requires additional design work. The Steering Committee requested that Mr. Fisher include imagery in Modern Texas that reflects Fort Worth. The design contract's scope of services will include presentations of final designs to both the FWAC and the FWCC Expansion and Renovation Steering Committee, as well as detailed design drawings of Modern Texas, installation details, and a detailed budget estimate for all costs associated with the fabrication, delivery, and installation of both paintings. The artwork commission contract is contingent upon Mr. Fisher securing design approval of the FWAC and the FWCC Expansion and Renovation Steering Committee. The artist's original budget estimate for the two paintings was $182,400, inclusive of design. Up to $17,700 in contingency funds are available to offset lighting design and fixtures not included in the artist's original estimate, as well as any unforeseen items needed to successfully complete the work. Artist Selection Process Summary In Summer 2002, the FWAC and the Arts Council of Fort Worth and Tarrant County, Inc., which manages the City's public art program under a contract for services, were asked to conduct an artist selection process and recommend artworks for the FWCC expansion that would have impact and be enduring and reflective of Fort Worth's heritage, and relate well with the building's architecture. The FWAC nominated nearly 100 local, regional and national artists, and in February 2003, invited them to submit qualifications, including a letter of interest, resume, and slides of past work. On March 14, 2003, the selection panel reviewed the qualifications of 45 artists who responded to the Request for Quotation (RFQ). Nine finalists were chosen, including: • Ed and Linda Blackburn, Fort Worth, Texas; and • Dan Corson, Seattle, Washington; and • Vernon Fisher, Fort Worth, Texas; and • Charles Mary Kubricht, Marfa, Texas; and • Beniot Huerta, Arlington, Texas; and • Donald Lipski, Amagansett, New York; and • Jody Pinto, New York, New York; and • Ann Stautberg, Houston, Texas; and • Sally Weber, Austin, Texas. On April 4, 2003, the finalists visited Fort Worth to tour the FWCC and to conduct research. On July 7, 2003, they returned to present their proposals to the selection panel. After careful consideration, Donald Lipski and Vernon Fisher's proposals were recommended. The selection panel (voting) was: • Mark Thistlethwaite, Ph.D., TCU Chairman of Art History and Chairman, FWAC • Javier Aldape, Publisher, Diario La Estrella (Star-Telegram) and FWAC Member • Helen Sides, Director, Culture Center of the Americas and FWAC Member • Rick Stewart, Director, Amon Carter Museum and FWAC Member • Michael Auping, Chief Curator, Modern Art Museum of Fort Worth • Steve Brubaker, Principal Design Architect, HOK Architects • Kirk Slaughter, Director, Public Events Department Vernon Fisher has complied with the M/WBE Ordinance by committing to 10% M/WBE participation of the Commission hard cost. The City's M/WBE goal on this project is10%. This project is in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Public Events Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C192 531200 020192067002 $200.100.00 Submitted for City Manager's Office by: Joe Paniagua (6140) Libby Watson (6183) Originating Department Head: Kirk Slaughter (2501) Additional Information Contact: Betty Tanner (2502) T n­+++n• 1C A DT17TC1TTT_`n