Loading...
07-16-2009 (Public Arts Advisory) Agenda Packet Public Arts Advisory Board CITE F WYLIE NOTICE OF MEETING Regular Meeting Agenda Public Arts Advisory Board July 16, 2009—6:30 pm Wylie Municipal Complex City Council Conference Room 2000 Highway 78 North Stewart Matthews Chair Polly Harrison Vice Chair Thomas Gaudreau Board Member Erin Dougherty Board Member Ashley Burt Board Member Kathy Spillyards Board Member Alvaro Salinas Board Member Carole Ehrlich Board Liaison Carole Ehrlich Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Chairman and Board request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. DISCUSSION ITEMS • Wylie Arts Festival Committee Reports. (Committee Chairs) Executive Summary Committee chairs for the Wylie Arts Festival will give a brief update on the work completed for those functions. May 21,2009 Wylie Public Arts Advisory Board Special Called Meeting Agenda Page 2 of 3 . Update and discussion regarding a donation of art to the City of Wylie. (C. Ehrlich, Staff Liaison) Executive Summary PAAB staff liaison Ehrlich will give a short update on the donation of art by sculptor, Herk van Tongeren. • Update and discussion regarding call for artists for CIP Founders' Park Improvement Project. (C. Ehrlich, Staff Liaison) PAAB staff liaison Ehrlich will give a short update on the current Founders' Park Improvement art project to include a possible timeline for the selection process. BUSINESS ITEMS 1. Consider and act upon approval of the minutes from the June 18, 2009 Regular Meeting of the Public Arts Advisory Board Meeting. (C. Ehrlich, PAAB staff liaison) Presentation and Progress Report by Montage 48/61 Regarding the Fire Station #3 Public Art Project. 2. Consider and act upon approval of payment for milestone #3 in the amount of $6,500 for the Fire Station #3 Public Art Project. (Montage 48/61) Executive Summary Montage 48/61 has completed and presented the final schematic drawings, stamped engineered drawings, budget breakdown, fabrication and installation timeline (including all items in Exhibit A and B) for approval by city staff and the PAAB. In addition, Montage has submitted the calculations and order submittals of the tiles to complete the project. They are requesting payment of $6,500.00 pursuant to the executed contract. (C. Ehrlich, PAAB staff liaison) 3. Consider and act upon a contract between Designer's Delivery for transportation, storage, and installation of the Herk van Tongeren, Teatro XIX sculpture. (C. Ehrlich, PAAB staff liaison) Executive Summary Staff has researched several companies to perform the transportation from Atlanta, Georgia and delivery to a storage facility of the Herk van Tongeren art sculpture. The company most experienced with the transportation of art, and who was highly recommended by art consultant Sharon Leeber, is Designer's Delivery. Designer's Delivery has quoted an amount of$6,300.00 for transportation of the piece. Part of the cost involves the height and width of the sculpture in regards to permitting. Funding for the transportation, storage and installation is allocated through the Public Art Fund. May 21,2009 Wylie Public Arts Advisory Board Special Called Meeting Agenda Page 3 of 3 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 13th day of July, 2009 at 5.•00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Please complete,detach and return sponsorship commitment form to: Wylie Arts Festival 2000 Highway 78 North Wylie,TX 75098 -- J Master Sponsor($3,000) ❑Apprentice Sponsor($750) Company Name: _________ Contact Name: �_ „� r Address: J ry. ..., LI_ \ ai: , ' " City: State: Zip: CL 4l [ J I �� Phone: / r " r d Hwy ,� tit Cell: / _ .r ) E-mail: Signature: !_-__j__i i a <" c O r I - � Special Requests: . . 111< a , 0 i ._...._ N . cr: v 1 (,,,\,.....1/4.:„,.......7::... CD Booth Space Needed: ❑Yes No . � Description of Booth Activities(Items Sold Subject to Approval) ter � .- � i cl-' ,....., 0 2- Please list your electrical needs: amps( max) volts( max) T-shirt Sizes(Extra Shirts$10 Each): 2 Checklist: ❑Completed Sponsorship Form ❑ Check Enclosed,Made out to the City of Wylie Payment Arrangements Made ❑High Quality Logo Emailed to craig.kelly@wylietexas.gov (If logo quality is poor,text will be used in materials) F., — i _ ri'_J_i f✓ f JJJJJf L ±gli LT) 2 /A r iUSIC-FOOL.- rREE LIGHTING �)may, December 5 r{{ l_ r-J J �_ J _J�_ JJJ • "Presenting Sponsor" billing on all materials • Prime festival display space (size and location negotiable) • 6' X 4' "Presented By" stage banner • Connection Magazine Ad (30,000 homes): 2.5" logo with contact information • Utility Bill Insert (12,600 homes): 2.5" logo with phone # or website • WISD Flyer (8,000 students): 2.5" logo with contact information • Wylie Living Newsletter (12,600 homes): 1" logo • T-shirt: 3.5" logo on back with phone # or website; 10 free shirts • City Website (25,000 hits per month): 3" logo with contact information • Promo Poster: 2.5" logo I J 1/2 r _� J J_ ,- .J LJ _ J J_I J) J J • 10' X 10' festival booth space • On Site Banner: 10" logo with phone # or website listing • Utility Bill Insert (12,600 homes): 1" logo with phone # or website • WISD Flyer (8,000 students): 1" logo with phone # or website • Wylie Living Newsletter (12,600 homes): text listing • T-shirt: 2" logo on back with phone # or website listing; 3 free shirts • City Website (25,000 hits per month): 1.5" logo with phone # or website • Promo Poster: 1" logo o 10. e n a al ion_:or: n ni ' lortunities Con p�i . Lii i ]_ I J 51 -'=j 2j'2-6J2? lietexas.i ohs CITY OF WYLIE A, S. TURALARTS Wylie Timeline for Founders Park The Arts Commission will appoint the Art Selection Panel. The panel should become familiar with the site and the goals of Founders Park. We are aware that this is a field that will be dominated by the activity of children and their parents. The art panel should consider: • Touring the site, taking into account public activity within the space. • Review proposals, initially by email portfolios to give more time to form an overall picture of all of the artists who are applying. • Set up a time for e mail questions that I will respond to copying the entire group since there will be a larger more varied group of artists. • Meet to review those artists thought to be most interesting.. (some artists will be unanimously thrown out by the group prior to meeting just by jpeg review). • Recommends artists for project The Art Selection Committee will hopefully meet about September 15 or 16 prior to (or after if necessary) the Public Arts meeting. We will chose finalists (2-3) for making a maquette, drawing or other type of presentation. • These will be presented to the Public Arts Board • The artists will be notified and asked to respond in some manner to their finalist's status. • A date will be set for presentation to the City Council • Choose artist, do contract as expediently as possible (city of Wylie). When we have the artist begin the process and start talks with contractors and other people on site that could add additional help to make the dollars go further. • Artists Timetable will project the actual time needed to do the project and would include: schedule for artist's finished design, • working drawings, • any construction documents necessary for review by engineers or architect if applicable, and facility unveiling festivities. (summer 2010 ?) • The timetable should also note, if possible, the level of artist commitment required during each time period (i.e., 10% of time devoted to press or public activities, etc.) A Fine Arts Consultancy 6410 DYKES WAY DALLAS TEXAS 75230 • TEL 972.392.2121 FAX 972.392.3737 Sharon(a ArchitecturalArtsCo.com • Art to be stored or prepared for unveiling. Artist submits plan for maintenance and any other special requirements. Provides city with any additional information needed, and is available for unveiling, press, and any related public events. Note: this may move more quickly than late October but I have just put a call to national artists because I am generally unhappy with the quality of the work I have received from regional artists. Some of the creativity is great and fun but not practical or stable/safe. Other work is just plain dull. I will include all of this in the project information but I am seeking other possibilities. July 2009 Sharon Corgan Leeber A Fine Arts Consultancy 6410 DYKES WAY DALLAS TEXAS 75230 • TEL: 972.392.2121 FAX 972.392.3737 Sharon(a,ArchitecturalArtsCo corn Public Arts Advisory Board CITY OF V�YLIE Minutes Regular Board Meeting June 18, 2009— 6:30 p.m. Wylie Municipal Complex Council Conference Room 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. The meeting was called to order at 6:35 p.m. by Chairman Stewart Matthews. Those in attendance were Kathy Spillyards, Alvaro Salinas, and Ashley Burt. Erin Dougherty, Patsy Robertson, and Polly Harrison were absent. Staff present was Carole Ehrlich, Board Liaison/Secretary. DISCUSSION ITEMS • Wylie Arts Festival Committee Reports. (Committee Chairs) Executive Summary Committee chairs for the Wylie Arts Festival gave a brief update on the work completed for those functions.. Fine Art ad High End Crafts Committee chair Ashley Burt reported that somewhere around sixty five vendors had been contacted regarding the upcoming event. She reported that many had indicated a desire to purchase booth space. Ms. Burt also presented the final vendor application form that had been completed. Board members were given applications for distribution for the event. Festive Foods Vendors and Exposition Committee chair Kathy Spillyards reported that her committee was close to final selection for food demonstrations. She reported that festive food had been a bit more of a challenge but the committee was working to obtain several food vendors. Volunteers Committee board liaison Ehrlich reported that several applicants from the Wylie Boards and Commission interviews had indicated a desire to serve as volunteers for the upcoming arts festival. She reported that the names would be given to Erin Dougherty to contact when the event draws nearer. Sponsorship and Publicity Committee chair Stewart Matthews reported that the two committees would meet in the next week to finalize policies and procedures for the sponsorship packets to be presented to PAAB at their next regular meeting. He presented a t-shirt sample that could have sponsorships printed on the back or front. Entertainment/Performinq Arts chair, Polly Harrison was unable to attend the meeting but sent a report regarding items completed for the event entertainment. She reported that groups that have committed for the event include: The Hartman Cool Cats, Tibbal Honor Choir, and Collin County Drama Kids. Wylie High School Advanced Theatre students will be performing and working the event. Mike Lipe, Director of Fine Arts for WISD has encouraged all bands not in competition that day, to volunteer for the event. She reported that once the new school year begins there will be more commitments for entertainment. • Update and discussion regarding a donation of art to the City of Wylie. (C. Ehrlich, Staff Liaison) Executive Summary PAAB staff liaison Ehrlich gave a short update on the donation of art by sculptor, Herk van Tongeren. She reported that the agreement and stipend for cost to the art consultant had been approved and transportation and storage was being finalized so the sculpture could be brought to Wylie and stored until the new civic center was completed. She reported that there would be some cost within the CIP Art funding for the three buildings to construct the base and install the sculpture. She noted that the installation portion would be part of the responsibilities of the selection panel for the three buildings and would be recommended by the selection panel to the pubic arts board. • Update and discussion regarding call for artists for CIP Founders' Park Improvement Project. (C. Ehrlich, Staff Liaison) PAAB staff liaison Ehrlich reported that a construction bid should be approved by the Wylie City Council for the Founder's Park Improvements sometime in early fall 2009. Construction should begin shortly after the construction bid is approved. She reported that completion of the improvements would be late 2010. She noted that calls for artists have been sent and some submittals have come back with more expected. She reported that art consultant Sharon Leeber recommended waiting for more submittals due to the longer timeline of the project. Selection of the artist should be within the construction period to allow the board to work closely with the contractors to take advantage of any possible cost reductions. BUSINESS ITEMS 1. Consider and act upon approval of the minutes from the April 27, 2009 Special Called Joint Meeting between the Fire Station #3 Selection Panel and the Public Arts Advisory Board Meeting. (C. Ehrlich, PAAB staff liaison) Board Action A motion was made by board member Burt, seconded by board member Salinas to approve the PAAB minutes from the April 27, 2009 Special Called Joint Meeting as presented. A vote was taken and the motion passed 4-0 with board members Robertson, Harrison, and Dougherty absent. June 18,2009 Wylie Public Arts Advisory Board Minutes Page 2 of 3 ADJOURNMENT Board Action A motion was made by board chair Salinas, seconded by board member Spillyards to adjourn the meeting at 6:58 p.m. A vote was taken and the motion passed 4-0 with board members Robertson, Harrison, and Dougherty absent. Steward Matthews, Chair Carole Ehrlich, Secretary June 18,2009 Wylie Public Arts Advisory Board Minutes Page 3 of 3 14/1 Public Arts Advisory Board CITY OF WYLIE AGENDA REPORT Meeting Date: July 16, 2009 Item Number: 2 Department: Board Liaison (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: 7-16-09 Budgeted Amount: Exhibits: Contract Subject Consider and act upon approval of payment for milestone #3 in the amount of $6,500. for the Fire Station #3 Public Art Project (C. Ehrlich, Staff Liaison) Recommendation Motion to approve payment in the amount of $6,500. For milestone#3 to Montage 48/61 for the Fire Station #3 CIP Project. Discussion Montage 48/61 has completed and presented the final schematic drawings, stamped engineered drawings, budget breakdown, fabrication and installation timeline (including all items in Exhibit A and B) for approval by city staff and the PAAB. In addition, Montage has submitted the calculations and order submittals of the tiles to complete the project. They are requesting payment of$6,500.00 pursuant to the executed contract. Items that Larry Enge and Charlotte Lindsey will present tonight include: Our presentation will include: Final Schematic of how the wall will look Engineered drawings Concrete contractor's Written Estimate Color choice for wall stain Example of metal edging Specifications for Tile order Fabrication/Installation Timeline These items will fulfill the requirements for milestone#3 reimbursement to the artists. Approved By Initial Date Department Liaison CE 2-19-09 Page 1 1��. TATION iv ! i I L � � i i 35 I i 2TO-W AU-ENBOULEVARi R171141Fr Al IIM 349.1232 air ien, t!;. Image Wall Height 48 inches 4.00 Ft 14 ft Cap thickness 4 inches I I Bottom Base thickness 28 inches Total height 80 inches 6.67 ft Length of Image Wall 168 inches 14.00 ft Length of Cap 172 inches 14.33 ft Length of Bottom Base 168 inches 14.00 ft 14;t Bas e ,et7t, PUBLIC ART PROJECT: FIRE STATION#3 Montage 48/61 Charlotte Lindsey and Larry Enge•5626 Willis Avenue Dallas TX 75206.214-794-3264 214-824-8023 larryenge@earthlink.net charalin@sbcglobal.net r t 6' , .. r .**4 ' ; ' * * PILL:LL ,....4, ' ' L-* L 1 4 1.11. *.." .* pommak'4,, ,r„ ,.. „.., ..... ,.. . . _ „_____..... ,, .. ..... ..1� 'e{1' ""T'_ —.rw--s ✓.+n :; anYw 4-aiUN. fR"'v 'a.�+x4 ..: , -....t r-, x-« mi..r. ,- y •.0� #fie.111f1� � ` w_ `"... +k+ 'v" a �yP4 '- h Montage 48/61 Charlotte Lindsey and Larry Enge•5626 Willis Avenue Dallas TX 75206•214-794-3264 214-824-8023 larryenge@earthlink.net charalin@sbcglobal.net PUBLIC ART BUDGET FOR FIRE STATION #3 WYLIE TEXAS BUDGET AMOUNT $30,400.00 Artist Fee Includes: $9,600.00 Design Administration Expenses €Meetings/Presentations Artists Supervision of Site Prep and Contractors Insurance Photgraphy and Documentation Engineering Costs $500.00 Concrete Contractor Costs $9,000.00 Fabrication Materials $868.37 Artwork Fabrication / Installation $10,431.63 TOTAL COST $30,400.00 Montage 48/61 Charlotte Lindsey and Larry Enge•5626 Willis Avenue Dallas TX 75206.214-794-3264 214-824-8023 larryenge@earthlink.net charalin@sbcglobal.net FABRICATION / INSTALLATION TIMELINE Begin Fabrication 7/22/09 Fabrication halfway 10/19/09 85 Days 2.8 mos Complete fabrication 1/29/10 103 Days 3.4 mos Begin Wall Prep 1/30/10 1 Day .03 mo Complete Wall Prep 2/7/10 8 Days .3 mo Begin Installation 2/7/10 Complete Installation 2/17/10 10 Days .3 mo 6.9 months Montage 48/61 Charlotte Lindsey and Larry Enge•5626 Willis Avenue Dallas TX 75206.214-794-3264 214-824-8023 larryenge@earthlinknet charalin@sbcglobal.net . r > . P' O.JKr R'OAK to +7ra.es ♦attora .rnn r:.72nG ;lit XL.ECMt'AUL.r uII KLEIN III&SONS,INC. x?ttanaY- tus e5EN Lv 2 to-K24317 N. .tr(k corrxars P.O.BOX f7$•SEAGOVJLLE,TEXAS 75159 SACS JAW97I.287.d67S .t•.....e r MJa' 4S (al .,,. F 94r4 17o es1',a x 13 a9 1 F runrarlau Un:r+n wx'COX :rat w:r•w.t 1-f i4 LA g - ENS •u WI .esrox wt tweet- Ki chaPuv LN wrr.Jxtt/P'. '--' SABtELI2P n114-..) tuna. li wM.Ct — rlelZs •• 21 rorA< <-' Its 0 j 3(orrsELLl; e 12 rD t Whit 15L.F e c' 4H 6 1214 - .I a.tx.k as rnt A. . `t QC7(7 .S l. L4TL C�Lp G_ st7 C1s uf.R ki 1 - ~ - J C C Call 4 1'Z.Co --,..r.1. Cn. c a.QcAl F 1 ...teat** ,d Aaftaa .yc. . 0:::=,?wety 90 rum$l ma!emal and Me-complete U accordance we above speaecetinns for tea or 1:.1"_r �'Ntt tam 777 7 t' ur 1}, 5 , -_,. rats2,m. n - NOT RESPONSIBLE FOR DAMAGE TO UNSEEN UNDERGROUND PIPES.LI Q. CONCRETE CRACKING. a wwx '/,� ^� WA. tint A.. Mafia MO 01500.0 ik iV! 000.0Cn SVYU,I. LP,fJ> 005 .,.t..,am Y>a .t..^•••• "tom r+ 0000000.. VW.. r[� n•»=..'a...OM.a a.l.,•R ,+.,'. nx. Kx .ac;,t..,br x, .u., -_ IE wrx ,;ZLec.i.lmr'•f ffre PeAU->...-.,.,r.w:....,..-v ro..lro $lprwW V rv140004.,.4ntrwtwr,!•A n w,e.cc,bf ley m tutMxrU -.._ _____,_......._. 004,e.M cot.p•GlN •�yrt'mtr.rxs'US" -'r' CMa $Ip'11Ir:'ia. _ Montage 48/61 Charlotte Lindsey and Larry Enge•5626 Willis Avenue Dallas TX 75206•214-794-3264 214-824-8023 larryenge@earthlinknet charalin@sbcglobal.net A B , C "I E j F I G I H 1iIJII4U M I Nj 101 CURRENT TILE INVENTORY - 7/2009 102 103 KEYSTONE _104> Keystone Almond 0.31 0.03 0.34 1 0 5 Keystone Blue 0.01 0.01 106 Keystone Brownstone 0.25 0.25 1 07 keystone/Amer Olean Cinnamon/Cinnabar 0.01 0.01 108 I Keystone Dk Gray 0.10 0.21 0.31 109 Keystone Dk Green (K) 0.17 0.17 110 Keystone (disc) Dk Mottled Brown (di 0.05 i 0.05 111' Keystone Ebony (now black) 0.06 0.28 0.23 0.06, 0.63 112 Keystone lite Mottled Brown 0.03 0.03 113 Keystone Mottled Lt. Gray 0.22 0.22 114 Keystone Mottled Med. Gray 0.62 0.62 115 Keystone Oatmeal (1 x2's) (di s 0.06 0.10 0.16 116 Keystone Porcelain/Almond 0.02 0.02 0.04 117 Keystone Red 0.38 0.38 118 Keystone Royal Rose 0.49 0.49 1 1 9 Keystone Sterling (1 x2's) 0.12 0.03 0.22 0.37 120 Keystone White 0.02 0.03 0.08 0.13 121 Keystone (disc) White Granite 0.02 0.02 122 123 PERMATONE/PERMABRITE 124 Permatone (disc) Blue moon (matte) 0.08 0.08 125il Permabrite (disc) Bombay (gloss) 0.06 0.40 0.46 1 2 6 Permatone (disc) Bottle Green (matte) 0.05 0.05 1 27 Permatone (disc) Cotto (matte) 0.03 0.03 128 Permatone (disc) Emerald (matte) 0.04 0.04 129 Permatone Teal (Matte) 0.04 0.04 130 131 LATCO TILE 1 3 2 Latco Blue Green 0.49 0.10 0.59 133 Latco Blue 0.17 0.17 1 3 4 Latco Brown 0.06 0.06 135; Latco Burgundy 0.01 0.04 0.35 0.16 0.56 1 3 6 Latco Corn Flower 0.11 0.05 0.16 137 Latco Salmon 0.09 0.09 1 3 8 Latco Tango 0.18 0.18 139 Latco Teal (L) 0.25 0.25 140 Latco Terre Cotta (L) 0.01 0.01 141 Latco Violet (L) 0.08 0.01 0.06 0.15 142 Latco Yellow 0.09 0.01 0.01 0.11 143 144 VOGUE TILE 1 45 Vogue Tile Arancio 0.02 0.02 146 Vogue Tile Blu avio 0.18 0.26 0.44 1 47 Vogue Tile Cedro 0.04 0.04 148 Vogue Tile Corello 0.01 0.31 0.02 0.34 149 VogueTile Rosa (very Lt pink) 0.01 0.01 150 VogueTile Rosso (1 cs -8x8 tile 0.24 0.02 0.61 0.01 0.88 1 51 A B ._s. ._ .. E fFG HI Ill M I_ NA 152 MISC. 0.02 153 DalTile (disc) Blueberry 1 0.02 154 DalTile (disc) Old Rose 0.05 0.05 155 DalTile (disc) Orange 0.39 0.39 156 DalTile (disc) Red (Dark)? use glas• 0.20 0.20 157 158 Fujiwa (disc) Aqua (sm. squares) 0.05 0.05 159 Fujiwa Melon (matte) 0.01 0.06 0.07 160 Fujiwa Navy 0.12 0.12 161 Fujiwa White (matte) 0.78 0.17 0.12 1 .07 162 1 63 Pool tile RUST 0.04 0.04 164 Quarry (disc) Cream (Blush/north;) 0.13 0.13 165 Jasba Floor Tile Gold 0.03 , 0.03 166 167 168 • 169 I 170 171 172 173 174 175 , 176 177 3 178 179 180 181 182 183 ' 184 185 1 186 187 188 189, 190 191 192 193, 194, 195 # AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY) AND LARRY ENGE AND CHARLOTTE LINDSEY "MONTAGE 48/61"(ARTISTS) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED FIRE STATION#3 PUBLIC ART PROJECT 210 NORTH W.A.ALLEN BLVD. WYLIE,TEXAS 75098 made as of the 12th day of May, in the Year 2009 BETWEEN the City: The City of Wylie,Texas 2000 State Highway 78 Wylie,Texas 75098 Telephone 972-442-8100 Facsimile and the Artist(s): Larry Enge and Charlotte Lindsey, "Montage 48/61" 5626 Willis Avenue Dallas,Texas 75206 Telephone: 214-824-8023 Facsimile: 484-970-8537 for the following Project: Fabrication and Installation of the proposed Fire Station#3 Public Art Project The City and the Artist agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Wylie, Texas, a Home-Rule Municipal Corporation, hereinafter referred to as (the "City"), and Larry Enge and Charlotte Lindsey, "Montage 48/61", hereinafter referred to as (the "Artist"),to be effective from and after the date as provided herein, hereinafter referred to as (the"Agreement"). WHEREAS, the City desires to engage the services of the Artist to fabricate and install the proposed City of Wylie, Fire Station#3 Public Art Project, hereinafter referred to as the"Project"; and WHEREAS,the Artist desires to render such services for the City upon the terms and conditions provided herein. NOW,THEREFORE,KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby,the parties hereto agree as follows: ARTICLE 1 ARTIST'S SERVICES 1.1 Employment of the Artist- The City hereby agrees to retain the Artist to perform the services set forth herein in connection with the Project. Artist agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services - The parties agree that Artist shall perform such services as are set forth and described in Exhibit "A", which is attached hereto and incorporated herein by reference for all purposes. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit "A", in the form of written change orders,may be authorized from time to time by the City. 1.3 Schedule of Work - The Artist agrees to commence work immediately upon execution of this Agreement and receipt of first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Project Billing/Project Budget attached hereto as Exhibit "B" and incorporated herein by reference for all purposes, but in no event shall the Project be completed any later than twelve (12) months following written notice from City that it has acquired the necessary, as solely determined by the City, easement at the location where the Artwork made the subject of this Agreement will be erected. In this connection, the parties hereto agree that within ten (10) days of securing said easement, Exhibit `B" of this Agreement shall be amended in writing to reflect the agreed upon Project Completion Schedule timeline. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Project Data- The City shall furnish required information, that it currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Artist shall be entitled to rely upon the accuracy and completeness thereof. 2.2 City Project Manager- The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Project (the "Project Manager"). The City or such authorized representative shall examine the documents submitted by the Artist and shall render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Artist's services. ARTICLE 3 ARTIST'S COMPENSATION 3.1 Compensation for Artist's Services-As described in"Article 1, Artist's Services", compensation for this Project shall be Thirty Thousand, Four Hundred Dollars ($ 30,400.00) ("Artist's Fee") and will cover all services to be rendered and materials to be provided in accordance with this Agreement. The Artist's Fee shall be paid in accordance with Article 3 and the Completion Schedule/Project Billing/Project Budget as set forth in Exhibit "B", attached hereto. The final fifteen (15) percent of the Artist's Fee, or Four Thousand Five Hundred Sixty Dollars ($4,560.00) shall not be paid until the Artist has completed, delivered and installed, where applicable, all of the Artwork services and tasks described in Exhibits"A"and"B",attached hereto. 3.2 Invoices — No payment to the Artist shall be made until Artist tenders an invoice to the City. Payments are payable to the Artist within thirty (30) days from the date of invoice as long as the invoice is mailed to City within three (3)days of the date of the invoice. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "A". If any invoice remains outstanding and unpaid for more than sixty (60) days from the date of invoice, and Artist has fully performed its obligations as set forth herein, the Artist has the option upon written notice to the City, to suspend all work specified under this Agreement until the account is brought current. Continued performance and/or completion of work by the Artist under this Agreement shall resume upon the payment of the earned fees by the City. Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl 3.3 Failure to Pay- Failure of the City to pay an invoice, for a reason other than cause, to the Artist within sixty(60) days from the date of the invoice shall grant the Artist the right, in addition to any and all other rights provided, to, upon written notice to the City, refuse to render further services to the City and such act or acts shall not be deemed a breach of this Agreement. The City shall not be required to pay any invoice submitted by the Artist if the Artist breached any provision(s)herein. 3.4 Adjusted Compensation - If the Scope of the Project or if the Artist's Services are materially changed, the amounts of the Artist's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Artist as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. 3.5 Project Suspension - If the Project is suspended or abandoned in whole or in part, by the City for more than three (3) months, Artist shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Artist shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Artist in connection with this Agreement prior to Artist receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Artist's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Artist after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP AND COPYRIGHT 4.1 Ownership of Work- The Project is the property of the City, and the Artist shall not make any duplicate work of the same or substantially similar size, nor shall the Artist grant permission to others to do so except with the written permission of the City. The City shall be entitled to copies of the plans and the maquette, which are prepared by the Artist in connection with the development and fabrication of the Project under this Agreement. The ownership of the mosaic art for Wyllie's Fire Station #3 transferred to the City upon full payment of Artwork described in Exhibits "A" and "B" attached hereto. 4.2 Ownership of Copyright - Artist shall retain the copyright to the Artwork. Artist shall take all steps, at his own expense,to protect the copyright of the Artwork. 4.3 License to City - The Artist irrevocably licenses the City, its employees, representatives, officers and agents, the right to make photographs, two dimensional reproductions, and adaptations of the work for educational, public relations, arts promotional and other non-commercial purposes. For the purposes of this Agreement, the following, among others, are deemed to be reproductions and/or adaptations for non-commercial purposes: reproduction in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and calendars; in magazines, books, art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical or critical nature; slides, videos and film strips not intended for a mass audience, and television from stations operated for educational purposes or on programs for educational and news purposes from all stations. 4.4 Copyright Notice—The City undertakes to use its reasonable efforts to include in any reproductions which it makes of the Artwork a copyright notice in the following form: Copyright Montage 48/61 or©Montage 48/61 4.5 Representations and Warranties Regarding Copyright—The Artist represents and warrants that the Artwork is an original creation of Artist's and will not infringe the copyright,trademark, or other intangible rights of any third party. Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl ARTICLE 5 FABRICATION 5.1 Specifications—Artist will fabricate the Artwork, or cause it to be fabricated, in substantial conformity with the Design approved by City as set forth in Exhibit"A". 5.2 Changes — Any significant changes to the Artwork by either Artist or as requested by City will be approved in writing by the other party. For purposes of this Agreement, a"significant change"will mean any change, including but not limited to, a change in the scope, design, color, size, or material of the Artwork, which affects cost, installation, site preparation, maintenance and concept as represented in the Design described in Exhibit "A". If Artist wishes to make a significant change to the Artwork, he/she must request written approval from the City of the change in writing at the address provided in Section 14. City will provide a written response within thirty(30)calendar days. 5.3 Review of the Artwork — The City will be given access to the Artwork during reasonable business hours at Artist's or fabricator's studio in order to review the Artwork and Artist's or fabricator's progress with fabrication of the Artwork. Alternatively, the City requests and shall be given photographic documentation of Artist's progress to verify each stage that triggers payment pursuant to Section 3.1 above. 5.4 Notification of Fabrication Completion — Artist will notify the City in writing pursuant to Section 15 below when the Artwork is completed and ready for delivery. Designated representatives of the City will have the opportunity to inspect the Artwork for conformity with the design and structural requirements prior to delivery and to give written approval or disapproval of the Artwork for thirty (30) business days following notice from the Artist. As an alternative to the studio inspection,photographic documentation may be submitted to the City upon completion of the Artwork. 5.5 Preparation of Site — Due to the nature of the streetscape project and installation of the Artwork, cooperation from the City's designated Landscape Architect is required. City will provide Artist with the specifications and drawings for the specific area at the site where the Artwork is to be installed. Artist is responsible for obtaining and forwarding to City design drawings and calculations for the installation of the Artwork prepared by a professional structural engineer. The drawings will illustrate the Artwork's support system, including without limitation, connection to the base. The Landscape Architect will utilize these drawings and if, during installation, the Artwork is found to differ from the specifications noted in the drawings, it will be the Artist's responsibility to remedy the discrepancy and bring the Agreement into conformance with the drawings. 5.6 Warranty of Craftsmanship —The Artist warrants that the Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within five (5) years of the execution of this Agreement,Artist will remedy any defects at Artist's sole cost and expense. ARTICLE 6 STORAGE 6.1 Storage Costs - Artist will make all efforts to coordinate installation such that the Artwork will not need to be stored prior to installation. If the Artwork is to be installed within fourteen (14) days of its delivery date to the designated site, and is to be stored temporarily at a location at the site, the Artist is responsible for ensuring the safety of the Artwork until the permanent installation is completed. The Artist will be responsible for any and all costs associated with storing the Artwork, including but not limited to, the cost of transporting the Artwork to and from the storage facility, from the date mutually agreed upon in writing by the Artist and City for delivery to the site until the Artwork is permanently installed. If, for reasons outside of the control of the Artist, the Artwork will not be able to be permanently installed within fourteen (14) days of its arrival date on site, as mutually agreed upon in writing by the Artist and City, and it is necessary to store the Artwork for more than fourteen (14) days prior to the permanent installation, the City must notify the Artist prior to delivery of the Artwork to the site. Storage of the Artwork will be at a location mutually agreed upon in writing by the Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl Artist and City. Any and all costs associated with storing the Artwork, including but not limited to,the cost of transporting the Artwork from the storage facility, shall be apportioned between City and Artist as follows: • first day (as mutually agreed upon in writing by Artist and City for delivery to the site) of storage through day 14—Artist • day 15 until the date the Artwork is permanently installed--City 6.2 Storage Requirements - If the City is providing on-site storage, the City will provide a locked storage facility to adequately, as solely determine by the City, contain the Artwork and the materials and supplies reasonably required by Artist for the permanent installation of the Artwork. ARTICLE 7 FINAL APPROVAL OF ARTWORK Within ten (10) business days of the permanent installation of the Artwork, the City will inspect the Artwork to determine whether it conforms to all of the requirements of this Agreement. If the City desires any modifications to the Artwork or finds that any aspect of the Artwork is not in conformance with this Agreement, the City will notify Artist in writing within seven (7) business days of the inspection. Artist will have an opportunity to address and cure any defects, requests or concerns of the City within fifteen (15) days of the date of the City's notice provided pursuant to Article 7. ARTICLE 8 INTEGRITY OF THE WORK 8.1 Repairs and Maintenance - The City undertakes to exercise reasonable care to protect, repair, and maintain the work. Artist agrees to cooperate with and advise the City in connection with any such non-routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or replacement of any portion of the Artwork to the extent that he or she is able to do so. During Artist's lifetime, the City will not undertake any non-routine maintenance on the Artwork without attempting to consult with the Artist or his or her authorized representative unless an emergency requires the City to do so. 8.2 Relocation of the Work— To the extent that the Artwork is capable of being relocated, the City shall have the right to do so. If feasible,the City shall attempt to consult with the Artist concerning the relocation of the Artwork prior to any such relocation; however, the Artist's approval is not required for the relocation, if any. If the Artist is not pleased with such relocation, he or she shall have the right to renounce credit for the Artwork. If Artist renounces credit for his Artwork,this would include, among other things,relinquishment and abandonment of the copyrights described herein. 8.3 Credit—The City agrees, at its own expense,to prepare and install at or near the Project a public notice,the form and exact location of which shall be solely determined by City, giving Artist credit for the creation of the Artwork. ARTICLE 9 INSURANCE COVERAGE Artist shall provide and maintain the types and amounts of insurance set forth herein for and during all aspects and phases of this Project. Artist shall be required to provide and maintain general liability insurance with a minimum of One Million and No/100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100 Dollars ($2,000,000.00) aggregate. In addition, Artist shall provide and maintain insurance for loss (including theft, fire and damage) and employee health and disability insurance, as well as any statutorily required workers' compensation insurance. All insurance and certificate(s) of insurance shall contain the following provisions: Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl 1. Name the City, its officers,agents, representatives, and employees as additional insureds as to all applicable coverage with the exception of workers' compensation insurance. 2. Provide for at least thirty(30)days prior written notice to the City for cancellation,non-renewal, or material change of the insurance. 3. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. Insurance company qualification: All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least"A"by AM Best or other equivalent rating service. Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE The Artist agrees that at any time during normal business hours and as often as City may deem necessary, Artist shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. The Artist agrees that it is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit, and will abide by the same. Further, a lawful representative of Artist shall execute the Affidavit attached hereto as Exhibit"C" and incorporated herein by reference for all purposes. Artist understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement void able. The Artist agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of the Artist shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit"D"and incorporated herein for all purposes. ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist Default —Failure or refusal of the Artist to perform any act herein required, unless mutually agreed to in writing by the City and the Artist shall constitute a default. In the event of a default, in addition to any other remedy available to the City,this Agreement may be terminated by the City upon ten (10)day written notice. Such notice does not waive any other legal remedies available to the City. 11.2 Conditions for Termination of Agreement Other than Artist's Default — If the City deems, in its sole discretion, the Project design is inappropriate or unworkable for the site, or if the deadlines specified herein are not met due, in whole or in part, to the Artist's actions and/or omissions, or if cost estimates indicate that the Project cannot be completed within the Project budget, the City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of the Artist's design concept for the Project. In the event of any termination, Artist shall deliver to City all work, entirely or partially completed. Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v1 The Artist shall receive as compensation, full payment for services satisfactorily, as solely determined by the City, performed as outlined in Exhibit"B", as applicable,to the date of the termination notice received. The City shall make this final payment within thirty(30)days of notifying the Artist. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. ARTICLE 12 DISPUTE RESOLUTION/MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. ARTICLE 13 INDEMNITY ARTIST SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), CLAIMS FOR PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER INTELLECTUAL PROPERTY AND/OR PROPRIETARY CLAIM, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF ARTIST,ITS OFFICERS,AGENTS,REPRESENTATIVES,EMPLOYEES,SUBCONTRACTORS,LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER"CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS"IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO,ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE,KNOWN AND UNKNOWN,EXISTING OR CLAIMED TO EXIST,RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN ARTIST AND HIS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ARTIST, INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. ARTIST IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ARTIST AT A REASONABLE AND CUSTOMARY COST, IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF ARTIST'S Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v1 OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ARTIST SHALL RETAIN CITY APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ARTIST FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND ARTIST SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. ARTICLE 14 NOTICES Artist agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Mindy Manson City Manager Carole Ehrlich Public Arts Coordinator City of Wylie 2000 State Highway 78 Wylie,Texas 75098 City agrees that all notices or communication to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: Larry Enge and Charlotte Lindsey, "Montage 48/61" 5626 Willis Avenue Dallas, Texas 75206 Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail,return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 15 MISCELLANEOUS 15.1 Complete Agreement - This Agreement, including the exhibits hereto labeled "A" through "D", all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. To the extent that any provision of this Agreement should conflict with the provisions of an exhibit, the provisions of this Agreement shall prevail. 15.2 Assignment and Subletting - The Artist agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Artist of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Artist, and there shall be no third party billing. Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v 1 15.3 Successors and Assigns - City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 15.4 Severability - In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 15.5 Venue - This entire Agreement is performable in Collin County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any manner connected therewith shall be Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 15.6 Execution/Consideration - This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration,the sufficiency of which is forever confessed. 15.7 Authority - The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. 15.8 Waiver- Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 15.9 Headings - The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 15.10 Multiple Counterparts - This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 15.11 Sovereign Immunity—The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 15.12 Representations—Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 15.13 Miscellaneous Drafting Provisions —This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 15.14 Death of Artist — In the event the Artist dies or becomes incapacitated during the term of this Agreement, the fabrication, delivery, and installation of the Artwork shall be completed pursuant to the Artist's design, conception, and plans by[Larry Enge or Charlotte Lindsey]. Agreement for Fire Station#3 Public Commission-Montage 48/61 513257,v1 15.15 No Third Party Beneficiaries—Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. EFFECTIVE DATE: CITY: ARTIST: The City of Wylie,Texas Larry Enge and Charlotte Lindsey,"Montage 48/61" By: Print Name: Larry Enge Title: Artist By: By: Mindy Manson, City Manager Print Name: Charlotte Lindsey Title: Artist Approved as to Form: By: Abernathy, Roeder, Boyd&Joplin,P.C. City Attorneys Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for this State of Texas, on this day personally appeared MINDY MANSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this 12th day of May, 2009. Notary Public in and For the State of Texas STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for this State of , on this day personally appeared , Artist, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of , 2009. Notary Public in and For the State of Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl EXHIBIT "A" SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY) AND LARRY ENGE AND CHARLOTTE LINDSEY,"MONTAGE 48/61" (ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED FIRE STATION#3 PUBLIC ART PROJECT 210 NOTH W.A.ALLEN BLVD. WYLIE,TEXAS 75098 Project Description Wylie Fire Station#3 Public Art Project To fabricate and install the proposed Fire Station #3 Public Art, artist Larry Enge and Charlotte Lindsey, Montage 48/61 will perform the following tasks: A) Following a site visit, submit final schematic drawings of the proposal, based upon submitted maquette to City staff and the Public Arts Advisory Board for their review and approval within sixty (60) days of the receipt of this agreement. These drawings will include: — • Detailed information of every physical feature of the construction of the Artwork and its integration with the site with any proposed changes to the previously submitted concept highlighted. (Final Design). • A description of any issues involved in the construction, integration and maintenance of the Artwork, as well as any third party subcontractors needed to work on the project. • A final project budget breakdown not to exceed$30,400.00 • An installation timeline. B) Following formal approval by the Public Arts Advisory Board, the Artist shall submit drawings stamped by an engineer, licensed by the State of Texas and paid for by the Artist, for certification that the Artwork, foundation, and its connection will be structurally sound. C) The Artist shall fabricate and install the Artwork in substantial conformity with the approved design. Any significant changes in the concept, as defined in Article 5.2, must be approved by the City. It is the responsibility of the Artist to coordinate with the City, the Project Landscape Architect, and Contractor to ensure that the site is prepared to receive the Artwork. The Artist will be responsible for preparation of the site, including installation of the foundation. The City will be responsible for any fill soil within the space, irrigation to the site and lighting. D) Upon completion of the permanent installation and clean-up of the site, the City Project Manager will inspect the work and give notice of acceptance, as provided in this Agreement. The Artist will complete the City's maintenance worksheet and submit it to the City within ten(10) days of City's final acceptance of the Artwork. Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl MAINTENANCE PROCEDURES Materials and Care Information Sheet(to be filled out by the artist and submitted upon completion of the project prior to final payment.) Artist: Date: Title of Work: Media: Specific materials used(Brand name and type of all materials, i.e.type of paper and fiber content,mental alloy, chemical composition of patina, etc.) Specific techniques used in the fabrication of the Artwork. (Airbrush painting, lost wax casting, TIG welding, etc.): Fabricator name and address(if other than artist): Installation materials and techniques(Attach as-built drawings as appropriate): Recommended Maintenance procedures. (Be as specific as possible about techniques and materials): Cautions regarding maintenance, handling, etc: Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.vl EXHIBIT `B" COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY) AND LARRY ENGE AND CHARLOTTE LINDSEY,"MONTAGE 48/61"(ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED FIRE STATION#3 PUBLIC ART PROJECT ARTIST COMPENSATION: 30,400.00 TASK DESCRIPTION PAYMENT TIMELINE 1 Execution of Agreement and Notice to Proceed $13,500.00 Insurance documentation sent to City Within 60 days 2 Submit of Execution Execution Execution of of Final schematic drawings Agreement Agreement Stamped engineered drawings Budget breakdown Fabrication and Installation Timeline All Items in Exhibit A Part(A) and (B) For approval to City Staff and Public Art Board. Calculating and Ordering Tile 3 Fabrication of Mosaic begins $6,500.00 Upon delivery of Tile (Approx. 60/75 (Approximately 8 month process) days days after Execution Execution of of Agreement) Agreement) 4 Halfway point of Fabrication $5,840.00 4 months after Fabrication begins begins 5 Coordinate with City on Site Prep Oversee Concrete construction 5 Installation 8 months II 6 Final Acceptance by Project Manager, submit maintenance $4,560.00 9 months worksheets (Exhibit A Part(D)) TOTAL $30,400.00 Agreement for Fire Station#3 Public Commission-Montage 48/61 513257.v1 Public Arts Advisory Board CITY OF WYLIE AGENDA REPORT Meeting Date: July 16, 2009 Item Number: 3 Department: Board Liaison (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: 7-16-09 Budgeted Amount: Exhibits: Quote Subject Consider and act upon a agreement between Designer's Delivery and the City of Wylie for transportation, storage, and installation of the Herk van Tongeren, Teatro XIX sculpture. (C. Ehrlich, PAAB staff liaison) Recommendation Motion to authorize staff to enter into an agreement between Designers's Delivery and the City of Wylie for transportation, storage, and final installation of the Herk van Tongeren, Teatro XIX sculpture and to authorize staff to enter into an . (C. Ehrlich, PAAB staff liaison) Discussion Staff has researched several companies to perform the transportation of the Herk van Tongeren sculpture from Atlanta, Georgia and delivery to a storage facility. The company most experienced with the transportation of art and who was highly recommended by art consultant Sharon Leeber is Designer's Delivery. Designer's Delivery has quoted an amount of $6,300.00 for transportation of the art piece. Part of the transportation cost involves the height (13 ft. approx.) and width (10 ft. approx.) of the sculpture in regards to permitting. Storage costs would be monthly at $240 per month until the Wylie Civic Center is completed. Designer's Delivery has also quoted a price of $760 to complete the installation on the base constructed on the site. This cost would not include the construction of the base, only the delivery of the sculpture to the final art site. Monies are allocated in the CIP art funds to pay the costs above. Staff is requesting authorization for the city manager to execute the documents. Staff is asking for authorization to enter into an agreement for the transportation, storage, and final installation of the sculpture. Approved By Initial Date Department Liaison CE 7-16-09 Page 1 ESTIMATE DESIGNERS DELIVERY 4' - �N�d•nfvn2Wn US DOT#1616980 Date Estimate# Delivery-Receiving-Art Installation TX DOT#006197881C - Tel:214-637-7727 Fax:214-638-7297 MC#597591 7/9/2009 1332 11 10 Inwood Rd.,Suite 102 DAL,LAS,TX 75247 The following estimate is valid for 30 days. NAME/ADDRESS DESTINATION CITY OF WYLIE,TX CAROLE EHRLICH P.O.No. Terms Estimate Created By: Project Requested By VERBAL C.O.D. ZS CAROLE EHRLICH DESCRIPTION OF SERVICES QUOTED Qty Cost Total Dear Ms.Ehrlich, It was a pleasure meeting with you over the phone yesterday. Thank you for considering DESIGNERS'DELIVERY for your upcoming project. Our goal is to do everything in our realm of expertise to ensure a safe,smooth and effortless relocation for you. Please take a look at the services outlined below,which are governed by the terms and conditions of our bill of lading. I am planning on following up with you soon,however,meanwhile should you have any questions,please do not hesitate to contact us at 214-637-7727 The previous version of our quote was sent to you on February 17th,2009. Since our quotes are only valid for 30 days,and the dimensions were not available to me at that time,I had to remake the quote to reflect our current estimated charges. This is the only version we would offer at this time,either us picking in up from Atlanta and drop it off at a receiver of your choice/our warehouse We would not accept the sculpture in our warehouse if it was picked up by another carrier,neither we would perform the installation should the sculpture be stored at a facility other then our warehouse. SPECIALIZED MOVING PROJECT/MOVING OF FINE ART AND ANTIQUES 6,300.00 6,300.00 *Pick up sculpture from Atlanta,GA *Bring it back into our warehouse facility or unloading it at a dock of your choice(No placement or installation included) LOCAL PICK UP/DELIVERY SERVICE W/4 MEN,INCLUDING TRAVEL TIME 4 190.00 760.00 *Pull art from our storage *Load up and deliver to the jobsite in Wylie,TX SPECIALTY EQUIPMENT USED* 240.00 240.00 *Forklift or other hoisting equipment *This is on a contingency basis,and it may not be necessary THANK YOU FOR GIVING US THE OPPORTUNITY TO BID ON THIS IMPORTANT PROJECT. Total p "The following quote is based on the information provided to us at the time of the request. Any changes in DESIGNERS'DELIVERY: le the work will entail changes in the pricing. Please note that all,jobs arc strictly C.O.D.,and due at the time a of completion. No credit card payment is accepted for amounts over S500.00 s It is our policy to retain a 50%downpayment to reserve the schedule. Please note,that we can only e confirm the schedule upon receipt of the 50%downpayment. ACCEPTED BY: I We do have a 72 business-hour cancellation policy. n Projects are awarded on a'first conic,first served'basis. Please call us as soon as you made a decision, �itiaand should you accept the bid,please sign on the bottom,and fax it back to our office. Thank you. Plese sign,and fax it back to: 214-638-7297 Ill I INDUSTRY PARTNER ESTIMATE -DESIGNERS'DELIVERY - US DOT#1616980 Date Estimate# Delivery-Receiving-Art Installation TX DOT#006197881C Tel:214-637-7727 Fax:214-638-7297 MC#597591 7/9/2009 1332 I 1 10 luwood Rd.,Suite 102 DALLAS,TX 75247 The following estimate is valid for 30 days. NAME I ADDRESS DESTINATION CITY OF WYLIE,TX CAROLE EHRLICH P.O. No. Terms Estimate Created By: Project Requested By VERBAL C.O.D. ZS CAROLE EHRLICH DESCRIPTION OF SERVICES QUOTED Qty Cost Total LIABILITY: Per the Texas Transportation Code,a household goods carrier's liability for loss or damage to any shipment is limited to $0.60 per pound per article unless the carrier and the client(shipper)agree in writing,to a greater level of liability. Per this proposal,Designers'Delivery is accepting liability for all items transferred up to an aggregate amount of$10K(which again,exceeds standard industry liability,and it is included in our rate). Upon request,an increase in this$10,000 liability limit can be obtained through written agreement,at an additional cost. (Please see attached Client's Declaration of Value). The fee for additional liability is a one-time fee,and it is based on the value and deductible limit you choose) ***Client(Shipper)acknowledges receipt of Your Rights and Responsibilities When You Move in TEXAS pamphlet. **We understand that you will decline any additional insurance beyond the$10,000.00 that is included in our rate ***Signature: Printed Name: Based on the dimension received verbally from Ms.Ehrlich at 13'x10'x3',the monthly storage rate will be:$240.00/ 17 240.00 4,080.00 month. Storage is billed monthly. All outstanding storage charges would have to be paid in full prior to releasing art for final installation *This figure is subject to final audit *Once the sculpture is accessible,upon receiving it into our warehouse we would take exact measurements,and based on those measurements and our current rate of$0.60 per cubic feet per month,our system will figure out the exact monthly storage charges *Should you decide to prepay the storage for the entire projected storage term,there would be a 10%discount *Again,our liability for the sculpture is$10,000.00 while it is our custody. *Should you require additional insurance,the monthly premium is$0.35/$100.00 THANK YOU FOR GIVING US THE OPPORTUNITY TO BID ON THIS IMPORTANT PROJECT. Total p *The following quote is based on the information provided to us at the time of the request. Any changes in DESIGNERS' DELIVERY: le the work will entail changes in the pricing. Please note that all jobs are strictly C.O.D.,and due at the time of completion. a No credit card payment is accepted for amounts over S500.00 s It is our policy to retain a 50%downpayment to reserve the schedule. Please note,that we can only e confirm the schedule upon receipt of the 50%downpayment. ACCEPTED BY: I We do have a 72 business-hour cancellation policy. o Projects are awarded on a'first come,first served'basis. Please call us as soon as you made a decision, �ittaand should you accept the bid,please sign on the bottom.and fax it hack to our office. Thank you. Plese sign,and fax it back to:214-638-7297 rg/ INDUSTRY PARTNER ESTIMATE "44 DESIGNERS'DELIVERY 114. US DOT#1616980 Date Estimate# Delivery-Receiving-Art Installation TX DOT#006197881C Tel:214-637-7727 Fax:214-638-7297 MC#597591 7/9/2009 1332 I 1 10 Inwood Rd..Suite 102 DALI.AS,TX 75247 The following estimate is valid for 30 days. NAME/ADDRESS DESTINATION CITY OF WYLIE,TX CAROLE EHRLICH P.O. No. Terms Estimate Created By: Project Requested By VERBAL C.O.D. ZS CAROLE EHRLICH DESCRIPTION OF SERVICES QUOTED Qty Cost Total PAYMENT: All fees are strictly C.O.D.,and are due at the jobsite upon completion of your project. Client agrees,that he or she will be present upon completion of the project,or will have an authorized representative who will have the authority to sign off on the acceptance of the project,as well as provide us with the payment. No claims of any kind will be honored,unless all outstanding fees have been paid in full. All drive time to and from the job site in included in our hourly charges,and they are based on third party information, based on the applicable zip codes. Client(Shipper)Signature: Date: If the preceding is acceptable,please forward a deposit in the amount of: THANK YOU FOR GIVING US THE OPPORTUNITY TO BID ON THIS IMPORTANT PROJECT. Total S11,380.00 p *The following quote is based on the information provided to us at the time of the request. Any changes in DESIGNERS'DELIVERY: le the work will entail changes in the pricing. Please note that all jobs are strictly C.O.D.,and due at the time of completion. a No credit card payment is accepted for amounts over S500.00 s It is our policy to retain a 50%downpayment to reserve the schedule. Please note,that we can only e confirm the schedule upon receipt of the 50%downpayment. ACCEPTED BY: I We do have a 72 business-hour cancellation policy. n Projects are awarded on a'first cone,first served'basis. Please call us as soon as you made a decision, it and should you accept the bid,please sign on the bottom,and fax it back to our office. Thank you. Plese sign,and fax it back to:214-638-7297 lU I INDUSTRY PARTNER