ESBD_397114_1739911362343_TTUS MoTTU+NRHC Public Art_ART_RFQ_2025.02.18.pdf

Texas Tech University System Public Art RFQ

Revised 02/18/2025 Public Art Request for Qualifications 1 MoTTU/NRHC Public Art

REQUEST FOR QUALIFICATIONS

PUBLIC ART

Museum of Texas Tech University/National Ranching Heritage Center

Texas Tech University

Lubbock, Texas

DEADLINE FOR SUBMISSION OF QUALIFICATIONS

3:00 PM, CT, Wednesday, April 2, 2025

Facilities Planning and Construction Texas Tech University System

Box 42014 Lubbock, TX 79409

Phone: 806-742-2116

The Texas Tech University System is an Equal Opportunity Employer and encourages all Historically Underutilized Businesses to participate.

Public Art Request for Qualifications 2 MoTTU/NRHC Public Art

Article 1. Request For Qualifications in Public Art

1.1 The Texas Tech University System (Texas Tech) seeks Statements of Qualifications from Professional Visual Artists for the Project described below. Through the percent-for-art program, Texas Tech seeks to enrich the cultural and intellectual life of its campuses by building a collection of public art created by leading artists of our time.

1.2 The selected Artist will contract directly with Texas Tech to successfully complete the full scope of the Project within the Project budget and on schedule. This Request for Qualifications (RFQ) provides information on the Project and information to aid in preparing responses to this RFQ.

1.3 Texas Tech will evaluate the inquiries, determine whether an Addendum is required, and issue an appropriate response. Questions, answers, and Addenda issued related to this RFQ, if any, will be posted on the State of Texas Electronic State Business Daily (ESBD) website (http://www.txsmartbuy.com/sp). Google Chrome is the recommended browser for accessing this website. Only those responses to questions made by formal written Addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect.

1.3.1 NOTE: It is the responsibility of the Respondent to periodically check and review the ESBD website for revisions and acknowledge all posted Addenda. For any problems encountered with the ESBD website, contact Ms. Alexis Henry, TTUS Contract Administrator, at alexis.henry@ttu.edu.

1.4 Texas Tech University System Facilities Planning and Construction (FP&C) is not responsible for the accuracy or comprehensiveness of information provided by other Texas Tech officials or other agencies. Artists should not rely on information obtained from sources other than the Program Director listed below.

1.5 Texas Tech reserves the right to waive any or all formalities. This RFQ does not commit Texas Tech to select a Respondent or to award a Contract to any Respondent. Texas Tech reserves the right to accept or reject, in whole or in part, any Proposal it receives pursuant to this RFQ.

Submissions which are qualified with conditional clauses or alterations or items not called for in this RFQ, or irregularities of any kind, are subject to disqualification by Texas Tech at its option. If Texas Tech receives fewer than three (3) responses, Texas Tech has the right to reissue this RFQ in order to gain additional respondents.

1.6 Except as provided in this RFQ and as otherwise necessary for the conduct of existing Texas Tech business operations, Respondents are expressly and absolutely prohibited from engaging in communications with Texas Tech Personnel who are involved in any manner in the drafting of this RFQ, in the review or evaluation of the Submission, in selection of a Contractor, or negotiation or formalization of a Contract. If any Respondent engages in conduct or communications that Texas Tech determines is contrary to the prohibitions set forth in this section, Texas Tech may at its sole discretion, disqualify the Respondent and remove the Submission from consideration.

Article 2. Project Information

Project: MoTTU/NRHC Public Art

Institution: Texas Tech University

Location: Lubbock, TX

Texas Tech Public Art Director: Emily Wilkinson (emily.wilkinson@ttu.edu)

Completion Date 2026 http://www.txsmartbuy.com/sp

Public Art Request for Qualifications 3 MoTTU/NRHC Public Art

Project Budget: $145,000 (All Inclusive)

The Project budget amount is inclusive of all costs associated with this Public Art project including, but not limited to, artist fees, other consultants’ and Subcontractors’ fees, insurance conforming to Texas Tech standards, engineering, materials, fabrication, transportation, installation (including any site modification), and post-installation documentation. There is a potential that the budget could be increased to a total of $300,000.

NOTE: Artists submitting from outside of the United States may be subject to a thirty percent (30%) tax withholding from the Internal Revenue Service (IRS).

Project Scope: Texas Tech University System seeks to commission a professional Artist to create a site-specific exterior sculpture(s) to be placed in between the Museum of Texas Tech University and the National Ranching Heritage Center.

Safety is imperative; durable, low-maintenance materials are recommended to withstand West Texas’ intense weather conditions.

Ideal submissions will create an art piece that provides a visible separation between the two institutions. Artists should think of the missions of both institutions and create a piece that can speak to both.

This art installation will not only serve as a beacon in the area but will also give passersby visual interest as they walk between the two institutions.

Although this piece will provide a visual separation between the two institutions, there should be an element of transparency in the piece.

Visitors are traveling between two different institutions. This artwork should help the transition from one space to the next without blocking the two institutions from each other. The art piece may need to be abstracted to address the mission of each institution. Photos of the location are attached.

Submitting artists should consider lighting and other elements that will draw attention to the sculpture at various times throughout the day. They may also want to consider finding ways to make the piece interactive.

Water features are highly discouraged.

Public art near this location includes “Red Tail” by Peter Mangan (https://ttuspublicart.com/collection/red-tail/) and “What the Wind and Grass Have Seen” by Paul Reimer (https://ttuspublicart.com/collection/what-the-wind-and-grass-have-seen/). See photos and information about the public art at the links included.

Any concepts that may be considered polemic or political should be avoided.

In order to be considered, submissions must comply with the requirements outlined in this document. Objects that are mass-produced or of standard manufacture are not eligible for consideration.

https://ttuspublicart.com/collection/red-tail/ https://ttuspublicart.com/collection/what-the-wind-and-grass-have-seen/ https://ttuspublicart.com/collection/what-the-wind-and-grass-have-seen/

Public Art Request for Qualifications 4 MoTTU/NRHC Public Art

Design Proposal Stipend: Selected finalists will receive a maximum of $2000* for travel and design fees following the submission and presentation of a Design Proposal and a model.

NOTE: *Artists submitting from outside of the United States may be subject to a thirty percent (30%) tax withholding from the Internal Revenue Service (IRS).

Article 3. Background

3.1 Texas Tech University

3.1.1 Founded in 1923 as Texas Technological College, Texas Tech University has the distinction of being the largest comprehensive higher education institution in the western two-thirds of the state of Texas. Texas Tech’s campus boasts a strong tradition of Spanish Renaissance architecture, characterized by light-colored brick structures with stone accents and red tile roofs. More information about the architectural standards of Texas Tech can be found at www.fpc.ttu.edu/fpcweb/vendor/architectureguidlines.jsf.

3.2 Texas Tech University System Public Art Program

3.2.1 The Texas Tech University System’s Public Art Program was initiated by the Board of Regents as an investment in the campus environment and an extension of Texas Tech’s educational mission. The Public Art Committee, with the Executive Director of Public Art, commissions original public artworks of the highest quality, be they permanently sited, portable, or architecturally integrated. These works are funded using one percent (1%) of the estimated total cost of each new major capital project. Since 2001, the Public Art Program has commissioned or purchased artworks by some of today’s leading artists, including Deborah Butterfield, Terry Allen, Barbara Grygutis, Larry Kirkland, Bruce Munro, Jesús Moroles, James Surls, Albert Paley, and numerous others (ttuspublicart.com).

3.3 Project Background

3.3.1 Museum of Texas Tech University: The Museum was founded in 1929 as the West Texas Museum, just four years after the creation of what was then known as Texas Technological College (later changed to Texas Tech University). A free, public museum, the Museum of Texas Tech University is a diverse and multidisciplinary institution comprised of Anthropology, Art, Clothing and Textiles, History, Paleontology, Natural History, and 9.5 million objects. The Museum is over 200,000 square feet and features nine permanent galleries ranging from 20th and 21st-century art and southwest Indian art to the study of Biodiversity and the Ice Age to a diverse collection of dinosaurs to history. An additional 10 rotating galleries offer a culmination of exhibitions curated from the Museum’s collections and curators and traveling exhibits from around the world. To learn more about the Museum, visit https://www.depts.ttu.edu/museumttu/.

National Ranching Heritage Center: The National Ranching Heritage Center (NRHC) is a museum and a 19-acre historical park located on the northern boundary of the Texas Tech University campus. Their mission is to preserve and interpret the history of ranching in North America and address contemporary ranching issues. The historic structures at the NRHC have been chronologically arranged to exhibit the evolution of ranch life from the late 1700s through the mid-1900s. All the structures but one were relocated, restored, and furnished for period correctness. In addition to the 19-acre historical park, the NRHC has 42 life-size bronze outdoor art pieces and a 44,000-square-foot museum with seven galleries featuring permanent as well as temporary exhibits of art, photography and artifacts http://www.fpc.ttu.edu/fpcweb/vendor/architectureguidlines.jsf https://www.depts.ttu.edu/museumttu/

Public Art Request for Qualifications 5 MoTTU/NRHC Public Art that capture historical and contemporary Western life. To learn more about the NRHC, visit https://ranchingheritage.org/.

3.3.2 Finalists will develop a design concept that reflects the standards and culture of Texas Tech specific to the Museum of TTU/NRHC project and will prepare presentation materials, drawings, a model, and related specifications in sufficient detail and in the format required to convey the design intent.

3.3.3 The commissioned Artist will be issued sets of Construction Documents and shall verify all dimensions prior to the commencement of work.

Article 4. Commission Requirements

4.1 If commissioned, the successful Artist shall be responsible for the following:

4.1.1 Performing all services and furnishing all supplies, material, and equipment as necessary for the design, execution, fabrication, transportation, and installation of the Work at the Site, and providing professional documentation photos and a brief artist video at the conclusion of the project.

4.1.2 Submitting to Texas Tech detailed working drawings of the commissioned Work and the Site(s) in order to permit Texas Tech to carry out architectural and engineering design reviews and to certify the compliance of the Work with applicable statutes and ordinances.

4.1.3 Strictly adhering to and managing the approved Project, budget, and schedule, including the submission of monthly written Progress Reports to Texas Tech.

4.1.4 Bearing the entire risk of loss or damage to the Work during design, fabrication, packing, shipping, and installation.

4.1.5 Providing and maintaining insurance to cover claims for damages for personal injury, bodily injury (including wrongful death), and property damage.

4.1.5.1 The Artist shall require all Subcontractors to provide and maintain insurance.

4.1.5.2 A complete list of insurance requirements will be provided to Project finalists.

4.1.6 The Artist’s design(s) should complement Texas Tech University’s architectural traditions and enhance the Site’s identity and use.

Article 5. Submission Requirements

5.1 Submissions due: 3:00 PM CDT, Wednesday, April 2, 2025

5.1.1 Upload access will be denied after submission deadline.

5.1.2 Responses submitted without a signed Attachment A Form Of Response will be disqualified as non-responsive.

5.1.3 Prior to submission, Artists should check the ESBD website at http://www.txsmartbuy.com/sp (searchable by project or agency name) for any addenda that may be posted in relation to this Project. Google Chrome is the preferred browser to navigate this site.

5.2 Response Submittal: All materials required for the Statement of Qualifications should be https://ranchingheritage.org/ http://www.txsmartbuy.com/sp

Public Art Request for Qualifications 6 MoTTU/NRHC Public Art submitted online at https://publicartist.org, including a scanned signed copy of Attachment A Form of Response and images of past work. No mailed submissions will be accepted.

5.3 Tentative Schedule:

RFQ Posted Tuesday, February 18, 2025

Written Inquiries Due Friday, March 7, 2025

Responses to Inquiries Posted Wednesday, March 12, 2025

Artist Submission Due 3:00 PM CT, Wednesday, April 2, 2025

Finalist(s) Selected and Notified May 2025

Finalist(s) Design Presentations July 2025

Commission Awarded late summer/early fall 2025

Project Completion 2026

5.3.1 Texas Tech reserves the right to modify this schedule as required.

Article 6. Response Requirements

6.1 All communication should be clearly identified with the Project Name. All Artists responding to this RFQ must submit complete responses to the information required in this section and must note any exceptions to any information required in the RFQ.

6.2 Submit all required materials online at https://publicartist.org, including a signed scanned copy of Attachment A Form of Response, noting the number of Addenda the artist has viewed (addenda can be found on the ESBD website; see above Article 5 for more information).

6.2.1 For issues with accessing the ESBD website, contact Alexis Henry, TTUS Contract Administrator, at alexis.henry@ttu.edu. For issues with publicartist.org, contact info@publicartist.org.

6.3 Responses will be evaluated based upon the Selection Criteria listed below:

6.3.1 Artist Resume (2 pages)

6.3.1.1 Include degrees held, a summary list of exhibitions/public art projects completed during the past ten (10) years, selected exhibitions/public art projects, awards, catalogues, current gallery affiliations, and grants/fellowships.

6.3.2 Digital Images of Past Work (5 to 15 images)

6.3.2.1 Images of Previous Work. Closely observe the following guidelines for the submittal of digital images:

6.3.2.1.1 Submit between five (5) and (15) images featuring select examples of previous public art projects with particular emphasis on works of a similar scope or utilizing similar techniques.

6.3.2.1.2 Include the artist name, the year, location, media, and budget of featured artwork. Describe the project concept in one (1) to two (2) sentences maximum.

https://publicartist.org/ https://publicartist.org/ mailto:alexis.henry@ttu.edu mailto:info@publicartist.org

Public Art Request for Qualifications 7 MoTTU/NRHC Public Art

6.3.2.1.3 Do NOT include proposed pieces that were not accepted. Only submit work that you have created or that is in process.

6.3.3 Artist Statement (up to 500 words)

6.3.3.1 Describe the conceptual basis for your body of work as a whole (limit to 500 words). In a separate paragraph, explain your experience working with architectural, engineering, and design specifications and drawings.

6.3.4 Letter of Interest (500 words)

6.3.4.1 Describe your initial impressions of and projected approach to this public art project (limit to 500 words). Specifically, address your thoughts on location and medium. If applicable, discuss any projects for which you used a similar approach.

6.3.5 References (3 required)

6.3.5.1 Include phone numbers and email addresses for at least three (3) professional references.

6.3.6 Attachment A (Cover Sheet – REQUIRED BY THE STATE OF TEXAS)

6.3.6.1 Include name, address, telephone, email, and website (if applicable) of the ARTIST to receive all Project information, or any official correspondence relating to the Project. Reference the project name, MoTTU/NRHC Public Art, on all correspondence.

6.3.7 Concept Sketch (Optional)

6.3.7.1 Although a concept sketch is NOT REQUIRED, Artists have requested a space for this on previous projects. If you have created one, you can upload it here.

6.4 Texas Tech reserves the right to request additional information from individual Artists.

Article 7. Evaluation Criteria

7.1 Texas Tech will select the Artist that best meets the requirements, based on the information contained in their response to the Request for Qualifications, any reference checks conducted, and the information presented during any interviews conducted as part of the selection process.

7.2 Specifically, in the selection of finalists, Texas Tech University System and its University Public Art Committee will review and consider the following:

7.2.1 The conceptual basis for the Artist’s body of work as defined in the written statement;

7.2.2 The quality – technical and aesthetic – of the Artist’s past work as represented in the image submissions;

7.2.3 The experience of the Artist in successfully designing, fabricating, administering, and completing public art projects and/or custom architectural elements on time and in budget;

7.2.4 The Artist’s training and education; and

7.2.5 The quality and comprehensiveness of the submission package.

7.3 After evaluating the Artists’ submissions, Texas Tech will narrow the pool of applicants to approximately two (2) to five (5) finalists to develop a design and model for presentation to the

Public Art Request for Qualifications 8 MoTTU/NRHC Public Art

University Public Art Committee in Lubbock, TX. Each finalist will be paid a stipend not to exceed $2000 for the development of their Design Proposal and to facilitate travel for the presentation. The model will not be returned to the Artist if they are selected.

7.4 The Design Proposals will be subject to review and acceptance by Texas Tech’s University Public Art Committee, Texas Tech’s Athletic Department, the President of Texas Tech University, and the Chancellor of the Texas Tech University System.

Article 8. Miscellaneous

8.1 American Iron and Steel

8.1.1 To the extent an Agreement relates to a Project as defined in Texas Government Code §2252.201(5) (a project to construct, remodel, or alter a building, structure, or infrastructure; to supply material for such a project; or to finance, refinance, or provide funds for such a project), and no exemption in Texas Government Code §2252.203 applies, any iron or steel product produced through a manufacturing process and used in the project that is the subject of an Agreement must be produced in the United States (as defined in Texas Government Code §2252.201(4).

8.2 Compliance with Texas Government Code § 2274.002

8.2.1 Contractor verifies it 1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and 2) will not discriminate during the term of the Contract against a firearm entity or trade association.

8.3 Conflict of Interest

8.3.1 The Artist affirms that, to the best of its knowledge, no actual or potential conflict exists between the Artist’s family, business, or financial interests and the Artist’s services under this Agreement, and that it shall immediately inform Texas Tech regarding any possible conflict of interest that may arise.

8.3.2 The Artist further affirms that it shall not hire any officer or employee of Texas Tech to perform any service covered by this Agreement.

8.3.3 If the Work is to be performed in connection with a Federal contract or grant, the Artist shall not hire any employee of the United States Government to perform any service set forth in this Agreement.

8.4 Discrimination

8.4.1 The Artist shall not discriminate against an employee or applicant for employment with respect to hiring, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, veteran status, sex, or disability. Breach of this covenant may be considered a material breach of the Agreement.

8.5 Employment

8.5.1 Pursuant to Texas Government Code § 669.003, Artist certifies that it does not employ, or has disclosed its employment of, any former executive head of a Texas State agency or entity.

8.6 Health and Safety Code Chapter 161

Public Art Request for Qualifications 9 MoTTU/NRHC Public Art

8.6.1 If applicable, Artist affirmatively states that it will comply with the requirements of Texas Health and Safety Code, § 161.0085(c).

8.7 No Prohibited Boycott

8.7.1 If applicable to this Contract, Artist agrees not to engage in any boycott prohibited by Texas Government Code §§ 2271.002, 2274.001.

8.8 Section Headings

8.8.1 All section headings are for convenience of reference only and are not intended to define or limit the scope of any provisions of this RFQ.

8.9 Sex Offender Registration

8.9.1 The Artist agrees to provide the notice required by Article 3 of Texas Tech University’s current adopted Uniform General Conditions and Supplementary General Conditions.

Article 9. Certifications

9.1 The Artist and the undersigned Artist’s representative represents and warrants that the Artist is a validly existing entity, in good standing under applicable law, and that each person signing on behalf of the Artist has received all necessary approvals to enter into and execute this Agreement.

9.2 The Artist certifies that an Agreement issued pursuant to this RFQ is not prohibited under Texas Government Code §2261.252(b) and agrees that if the Artist’s certification is or becomes untrue, such an Agreement is void, and the Artist will not seek and waives its right to seek any legal or equitable remedy for past or future performance under such Agreement, including damages, whether under breach of contract, unjust enrichment, or any other legal theory; specific performance; and injunctive relief.

9.3 Under Section 231.006, Texas Family Code, the Artist certifies that the individual or business entity named in such an Agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that such an Agreement may be terminated, and payment may be withheld if this certification is inaccurate.

9.4 Under Section 2155.0061, Texas Government Code, the Artist certifies that the individual or business entity named in such an Agreement is not ineligible to receive the specified Agreement and acknowledges that such an Agreement may be terminated, and payment withheld if this certification is inaccurate.

9.5 Pursuant to Executive Order No GA-48, Contractor certifies that it, and, if applicable, its holding companies or subsidiaries, are not:

9.5.1 Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

9.5.2 Listed in Section 1260H of the 2021 NDAA; or

9.5.3 Owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4; or

9.5.4 Controlled by any governing or regulatory body located in a country on the U.S.

Department of Commerce's foreign adversaries list under15 C.F.R. § 791.4.

Public Art Request for Qualifications 10 MoTTU/NRHC Public Art

Article 10. Procurement Process

10.1 This RFQ complies with all State rules and Texas Tech University System Policies. Address any questions and/or concerns about the process or any awards made from it to:

Mr. Billy Breedlove Vice Chancellor Facilities Planning and Construction Texas Tech University System Box 42014 Lubbock, Texas 79409-2014 Phone: (806)742-2116

Article 11. Form Of Response

11.1 See Attachment A.

Public Art Request for Qualifications – Attachment A 1 MoTTU/NRHC Public Art

Attachment A

FORM OF RESPONSE

Ms. Alexis Henry Contract Administrator Texas Tech University System Facilities Planning & Construction System Administration Building 1508 Knoxville Avenue, Suite 103 Lubbock, Texas 79409

Subject: Public Art

MoTTU/NRHC Public Art

Dear Ms. Henry:

Having examined the entire Request for Qualifications and other related information and being fully informed of the nature of the Work and conditions relating to its performance and completion I hereby submit my Qualifications for the above Public Art Project for the Texas Tech University System.

CONTACT INFORMATION

Firm Name:

Contact Individual:

Telephone No:

Email Address:

Address:

City, State, Zip Code

Website Address (if applicable):

Primary Medium:

ADDENDA

We have received _______ (#) Addenda prior to the submission of this Response.

Sincerely, Signature

Name

Title

Enclosures: Apply online at https://publicartist.org and include a scanned signed copy of this form.

https://publicartist.org/

Sculpture will be located in the grass area in the yellow circle.

The sidewalk is used to walk in between the NRHC and MoTTU.

Following images show other images of the area.

NRHC

MoTTU

Sam ple

Texas Tech University System Public Art Commission Agreement

Revised 02/18/2025 Public Art Commission Agreement – Individual 1 Project Name, FP&C XX-XX

Agreement Number: Enter number

Texas Tech University System

Public Art Commission Agreement

BETWEEN

The Board of Regents of The Texas Tech University System City of Lubbock, Lubbock County, Texas, 79409

(“Texas Tech”)

Acting herein by and through the Chancellor of the

Texas Tech University System or his designated representative

And

Name of Individual Individual/Sole Proprietor)

Address City, State Zip Code

(The “Artist”)

Regarding

Project Name FP&C Project Number XX-XX Texas Tech University Campus

City, Texas

(The “Work”)

This Agreement becomes effective as of the date of the last signature.

Texas Tech University System Public Art Commission Agreement

Revised 02/18/2025 Public Art Commission Agreement – Individual 2 Project Name, FP&C XX-XX

Table of Contents

Background Article 1. Definitions Article 2. Scope of the Work Article 3. Time Of Performance Article 4. Compensation And Payment Schedule Article 5. Warranties Article 6. Artist Rights Article 7. Standard Of Performance Article 8. Ownership Of Work Documents And Work Article 9. Confidentiality Article 10. Safety And Security Article 11. Indemnity And Hold Harmless Article 12. Insurance Article 13. Audits And Records Article 14. Termination Article 15. Notices Article 16. Assignment Article 17. Copyrights And Patents Article 18. Dispute Resolution Article 19. Miscellaneous

Texas Tech University System Public Art Commission Agreement

Revised 04/12/2024 Public Art Commission Agreement – Corporate 3 Project Name, FP&C XX-XX

Background

Texas Tech intends to retain the Artist to perform services, and the Artist commits to provide the services pursuant to the terms of this Agreement.

In choosing to retain the Artist under this Agreement, Texas Tech is materially relying upon the Artist’s representations that the Artist is fully qualified to perform the services.

For adequate consideration accepted, the Parties agree as follows:

Article 1. Definitions

1.1 Supplementary Definitions: Capitalized terms are as defined in the current adopted Uniform General Conditions and Supplemental General Conditions (UGSC), except for the following (references in this Agreement to the current adopted Uniform General Conditions and Supplemental General Conditions).

1.2 Agreement: The Agreement is this Public Art Commission Agreement, with the Attachments and Exhibits attached hereto and incorporated herein.

1.3 Artist: A professional artist or group of professional artists selected by the University Public Art Committee to provide the design and to perform all services necessary to complete the Work.

1.4 Completion Date: The date established in the Agreement, by the Artist and Texas Tech, by which the Work will be fully and satisfactorily complete in accordance with the Agreement.

1.5 Contract: The entire Agreement between Texas Tech and the Artist.

1.6 Design Proposal: A complete and properly signed Proposal, submitted in accordance with the submission requirements, to perform the Work or designated portion thereof for the amount stipulated therein.

1.7 Notice to Proceed: A written communication which will be issued by Texas Tech to the Artist authorizing the Artist to proceed with the Work and establishing the date for commencement of the Work.

1.8 Parties: Collectively, Texas Tech and the Artist are the “Parties”; individually, each is a “Party.”

1.9 Progress Report: A written document submitted monthly by the Artist to the Public Art Director that includes photographs and any other relevant documentation, detailing the progress made on the Project since the previous Progress Report was submitted.

1.10 Project Director: The individual who acts as the Texas Tech point of contact for all matters involving Contract administration, including without limitation document interpretation, defining the scope of the Work, approving schedules, and approving Contract payments.

1.11 Site: The geographical area of the location of the Work.

1.12 Work: The Work includes the public art to be created under this Agreement, as well as the administration and procurement of materials, labor, facilities, equipment, construction and all services necessary or incidental for the Artist, and/or its agents, to fulfill the Artist’s obligations under the Agreement.

Texas Tech University System Public Art Commission Agreement

Revised 02/18/2025 Public Art Commission Agreement – Individual 4 Project Name, FP&C XX-XX

1.13 University Public Art Committee: A body of individuals including Texas Tech University System faculty, staff, alumni, and students, as well as the Public Art Director, the Vice Chancellor of Facilities Planning and Construction, professional artists, and individuals from the communities in which Texas Tech University System has a presence. This body both establishes the parameters for all Public Art projects and selects the Artists to provide services for these projects, subject to approval by the Chancellor of the Texas Tech University System.

Article 2. Scope of the Work

2.1 General

2.1.1 The Artist shall perform all services and furnish all supplies, material, and equipment as necessary for the design, execution, fabrication, and transportation of the Work, as defined by the approved Design Proposal, at the Site.

2.1.2 The Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and acceptance by the University Public Art Committee as set forth in this Agreement.

2.1.3 Texas Tech may modify the scope of services set forth in this Agreement. All such modifications will be made by a written Amendment signed by both Parties.

2.1.4 The Artist shall notify Texas Tech of changes in the Artist’s address. The failure to do so, if such failure prevents Texas Tech from locating the Artist, will be deemed a waiver by the Artist of the right subsequently to enforce those provisions of this Agreement that include notice to and/or approval of the Artist for any repair, restoration, or alteration of the Work or Site, including but not limited to the provisions of Article 6 Artist Rights.

2.1.5 The Agreement will be binding upon the Parties, their heirs, legatees, executors, administrators, assigns, transferees, and all their successors in interest, and Texas Tech’s covenants attach and run with the Work and will be binding until twenty

(20) years after the death of the Artist. However, the obligations imposed upon Texas Tech to notify the Artist or seek the approval of the Artist will terminate on the death of the Artist. Texas Tech will give any subsequent owner of the Work notice in writing of the Agreement’s covenants and will require that any subsequent owner agree to be bound by them.

2.1.6 Where there is more than one Artist, all Artists shall be referred to collectively as “Artist and each individual Artist shall be jointly and severally responsible for satisfying the Artist’s obligations under this Agreement, and each Artist shall be liable for the acts or omissions of every other Artist.

2.1.7 Any work that is subcontracted shall be made subject to this Agreement between Texas Tech and the Artist.

2.1.7.1 Prior to entering into any agreement with a potential Subcontractor, the Artist must disclose in writing to Texas Tech whether the desired Subcontractor that is related to, affiliated with, partially or wholly owns, or is partially or wholly owned by the Artist.

2.1.7.2 As described above, the Artist shall not contract with any Subcontractor, whether initially, or as a substitute against whom Texas Tech has a reasonable objection, including if the Artist is related to, affiliated with, partially or wholly owns, or is partially or wholly owned by the potential Subcontractors.

Texas Tech University System Public Art Commission Agreement

Revised 02/18/2025 Public Art Commission Agreement – Individual 5 Project Name, FP&C XX-XX

2.2 Design Proposal

2.2.1 The Artist shall carry out such reasonable Site inspections, interviews, and research as may be necessary, including meetings with representatives from Texas Tech in order to prepare a Design Proposal (the “Design Proposal”) for the Work.

2.2.1.1 Texas Tech shall make available to the Artist the necessary background materials and information on matters affecting the Site and installation of the Work including, where applicable, the most recent written requirements and specifications for the Work and the Project design documents for the underlying capital project.

2.2.1.2 It is the intent of the Parties that Texas Tech and the Artist shall establish a close and cooperative consultation throughout the duration of this Agreement.

2.2.2 The Artist has submitted a preliminary Design Proposal to Texas Tech dated Date, attached as Exhibit A. The Design Proposal submitted to Texas Tech for its approval included the following:

2.2.2.1 Project narrative (conceptual description);

2.2.2.2 Description of the material(s) to be used in fabrication;

2.2.2.3 Dimensions of the Work;

2.2.2.4 Rendering(s) of the proposed work(s) of art;

2.2.2.5 Plans for production including fabrication, transportation, and installation;

2.2.2.6 Maintenance and technical information;

2.2.2.7 Project schedule; and

2.2.2.8 A well-defined budget, not to exceed $000,000.00. The budget is all inclusive. The budget must include the Artist fee, insurance, travel, engineering, materials, fabrication, packing, shipping, installation, post-installation documentation, and contingencies.

2.2.3 Texas Tech shall, within thirty (30) days following the next regularly scheduled University Public Art Committee meeting after the Artist’s submission and presentation of the Design Proposal, notify the Artist whether the Committee approves or disapproves the Design Proposal. During this period the Artist shall be available as reasonably required to meet with Texas Tech representatives to discuss the Design Proposal.

2.2.4 If Texas Tech approves the Design Proposal, it must receive all necessary documents, such as the required insurance, and deem the documents satisfactory, before the Artist is issued a Notice to Proceed for procurement of materials, fabrication and engineering. Upon acceptance by Texas Tech, the Design Proposal and all associated documents shall be incorporated into this Agreement.

2.2.5 If Texas Tech does not approve the Design Proposal, it shall provide the Artist with a statement in writing of its reasons for its disapproval.

2.2.5.1 In such an event, the Artist shall be afforded an opportunity either to submit a second Design Proposal for the Work within a reasonable

Texas Tech University System Public Art Commission Agreement

Revised 02/18/2025 Public Art Commission Agreement – Individual 6 Project Name, FP&C XX-XX period of time specified by Texas Tech, or to terminate this Agreement.

2.2.5.1.1 Within thirty (30) days following such submission by the Artist, Texas Tech shall notify the Artist in writing whether it approves or disapproves the Design Proposal.

2.2.5.2 If Texas Tech also disapproves the second Design Proposal, it shall provide the Artist with a statement in writing of its reasons for disapproval, whereupon this Agreement shall terminate.

2.2.6 In the event of termination of this Agreement pursuant to this Section 2.2, the Artist shall retain the Design Proposal(s) and all compensation paid to the Artist, up to and through the date of termination, per the fee schedule in Section 4.1, and neither Party shall be under any further obligation to the other with respect to this Agreement.

2.3 Architectural and Engineering Design Review

2.3.1 Within thirty (30) days after Texas Tech issues a Notice to Proceed, the Artist shall (after consultation and collaboration with the Design Professional) prepare and submit to Texas Tech schematic drawings of the Work and the Site indicating construction methods and precise dimensions of the proposed Work, together with such other graphic materials as may reasonably be requested by Texas Tech in order to permit Texas Tech to carry out any added installation cost estimates.

2.3.1.1 The Artist shall also prepare and submit architectural and engineering design reviews to certify the compliance of the Work with applicable statutes, codes, and ordinances, in accordance with Section 7.1.

2.3.1.2 Upon request by the Artist, Texas Tech shall promptly furnish all reasonably available information, materials, and assistance required by the Artist in connection with said submission.

2.3.2 Texas Tech may require the Artist to make such revisions to the Design Proposal as are necessary for the Work to comply with applicable statutes, codes, ordinances, or regulations of any governmental or regulatory agency having jurisdiction over the Work, and the Artist shall comply.

2.3.3 Texas Tech may also require revisions for practical or safety reasons, and the Artist shall comply.

2.3.4 Within thirty (30) days after receipt of the Artist’s submission pursuant to Section 2.3.1, Texas Tech shall notify the Artist of its approval (or disapproval) of such submission and of all revisions made in the Design Proposal.

2.3.4.1 Revisions made pursuant to this Section 2.3 become a part of the Design Proposal and this Agreement.

2.3.4.2 If Texas Tech disapproves the revised submission, it shall provide the Artist with a statement in writing of its reasons for disapproval, whereupon this Agreement shall terminate.

2.3.5 In the event of termination of this Agreement pursuant to this Section 2.3, the Artist shall retain the Design Proposal(s) and all compensation paid to the Artist up to and through the date of termination per the fee schedule in Section 4.1, and

Texas Tech University System Public Art Commission Agreement

Revised 02/18/2025 Public Art Commission Agreement – Individual 7 Project Name, FP&C XX-XX neither Party shall be under any further obligation to the other with respect to this Agreement.

2.4 Execution of the Work

2.4.1 The Artist will fabricate and transport the Work to the Site in accordance with the schedule proposed by the Artist in the approved Design Proposal. Such schedule may be amended only by written agreement between Texas Tech and the Artist.

2.4.2 Texas Tech will have the right to review the Work at reasonable times during the fabrication.

2.4.3 The Artist shall submit formal written Progress Reports each month to Texas Tech. The reports must include written and photographic documentation of the Work’s progress.

2.4.4 The Artist shall complete the fabrication of the Work in substantial conformity with the Design Proposal.

2.4.5 The Artist shall present to Texas Tech in writing for further review and approval any significant changes in the appearance, scope, design, color, size, material, location, or texture of the Work not in substantial conformity with, or not permitted by, the Design Proposal.

2.4.5.1 A significant change is any change that affects the appearance, installation, scheduling, Site preparation, Site, budget, or maintenance of the Work as represented by the Artist in the Artist’s Design Proposal.

2.5 Delivery and Installation

2.5.1 The Artist shall notify Texas Tech in writing when fabrication of the Work is complete and ready for its delivery and installation at the Site to meet mutually agreed upon requirements provided by the Artist.

2.5.2 The Artist shall deliver the completed Work to the Site in compliance with the schedule as part of the approved Design Proposal.

2.6 Post-Installation

2.6.1 Within six (6) months after the installation of the Work, the Artist shall furnish Texas Tech with the following photographs of the Work as installed, which Texas Tech may use for Texas Tech’s non-commercial purposes, including publicity, campus art brochures, campus tour materials, Texas Tech catalogs and similar publications, and for educational purposes, but not for sale without the Artist’s prior written consent.

2.6.1.1 High-resolution digital photographs, taken by an approved, professional photographer, of the completed Work, taken from at least four (4) different viewpoints.

2.6.2 The Artist shall be available at such time or times as may be agreed between Texas Tech and the Artist to attend any inauguration or presentation ceremonies relating to the transfer of the Work to Texas Tech.

2.6.3 Upon installation of the Work, the Artist will provide to Texas Tech written instructions for appropriate maintenance and preservation of the Work.

2.7 Final Acceptance

Texas Tech University System Public Art Commission Agreement

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2.7.1 Texas Tech will notify the Artist of its final acceptance of the Work. Texas Tech will not unreasonably withhold its final acceptance of the Work. Final acceptance will be contingent upon the Artist providing satisfactory proof in the form of an affidavit, signed and sworn to by the Artist, verifying that all accounts and amounts outstanding with suppliers and Subcontractors associated with this Work are paid in full, and providing a waiver of lien from each supplier and Subcontractor of the Artist.

2.8 Risk of Loss

2.8.1 The risk of loss or damage to the Work will be borne by the Artist until final acceptance, and the Artist will take such measures as are necessary to protect the Work from loss or damage until final acceptance.

2.9 Title

2.9.1 Title to the Work will pass to Texas Tech upon final acceptance.

Article 3. Time Of Performance

3.1 Completion

3.1.1 Except as otherwise provided herein, the Artist agrees to install the finished Work no later than Date (the “Completion Date”). The schedule, submitted as part of the approved Design Proposal, may be extended or otherwise modified only upon written agreement between the Artist and Texas Tech.

3.2 Construction Delays

3.2.1 It is anticipated that the Work will be installed on or before the Completion Date in Section 3.1. If the Artist notifies Texas Tech that the Work is ready for shipping and installation, and the Subcontractor is delayed from installing the Work within the time specified in the schedule as a result of the construction of the underlying capital project rendering the Site not being sufficiently complete and/or accessible to reasonably permit installation of the Work, Texas Tech will provide storage facilities for the Work.

3.3 Early Completion of Artist Services

3.3.1 The Artist shall bear any transportation and storage costs resulting from the completion of the Work prior to the time provided in the schedule for shipping and installation.

3.4 Time Extensions

3.4.1 Texas Tech will grant a reasonable extension of time to the Artist in the event that there is a delay on the part of Texas Tech in performing its obligations under this Agreement or in completing the underlying capital project, or if conditions beyond the Artist’s control render timely performance of the Artist’s services impossible or unexpectedly burdensome.

3.4.1.1 Failure to fulfill contractual obligations due to conditions beyond either Party’s reasonable control will not be considered a breach of Agreement, provided that such obligations will be suspended only for the duration of such conditions.

Texas Tech University System Public Art Commission Agreement

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3.4.1.2 Delays caused by or due to requirements of the Artist’s other projects are not conditions beyond the Artist’s control for purposes of this Agreement.

3.5 Liquidated Damages

3.5.1 For each consecutive calendar day after the Completion Date set forth in Section 3.1, plus any extensions of time granted by written amendment to this Agreement, that the Work, including the correction of deficiencies found during the final inspection, is not completed, the amount of Written Dollar Amount and 00/100 Dollars ($00,000.00) will be deducted from the money due or that becomes due the Artist, not as a penalty but as liquidated damages, representing the Parties’ estimate at the time of Agreement execution of the damages that Texas Tech will sustain related to Texas Tech’s inability to utilize the Work due to late completion.

3.5.2 If money due or that becomes due the Artist is less than the amount of liquidated damages, the Artist is liable for the excess of liquidated damages over the amount ultimately due the Artist and shall pay that amount within ten (10) days following written demand.

3.5.3 Liquidated damages do not cover, and Artist is liable for, any additional costs Texas Tech incurs as a result of late completion if the delay directly impacts another Texas Tech project, and the impact results in additional costs to Texas Tech.

3.5.3.1 For example, where late completion of the Work delays progress on another construction or operational project, resulting in Texas Tech incurring additional costs related to the other construction or operational project, the additional costs are payable to Texas Tech by the Artist in addition to liquidated damages.

3.5.4 Payment of liquidated damages does not preclude recovery by Texas Tech of other damages or losses under other provisions of the Agreement, except for claims related to Texas Tech’s inability to utilize the Work.

3.5.4.1 Texas Tech’s right to receive liquidated damages for this purpose will not affect Texas Tech’s right to terminate the Agreement, nor shall termination of the Agreement release the Artist from the obligation to pay the liquidated damages.

Article 4. Compensation And Payment Schedule

4.1 Fee

4.1.1 Texas Tech will pay the Artist a fixed fee of Written Dollar amount and 00/100 Dollars ($000,000.00), which will constitute full compensation for all services and materials to be performed and furnished by the Artist and the Artist’s agents, Subcontractors, and employees under this Agreement. Upon receipt and approval of invoices from the Artist, the fee will be paid in the following installments:

4.1.1.1 $000,000.00 An initial payment for materials, fabrication, and engineering. Payment may be processed once Texas Tech has approved the Design Proposal, has received and approved the necessary documents described in Section 2.2.4, and has issued the Notice to Proceed.

Texas Tech University System Public Art Commission Agreement

Revised 02/18/2025 Public Art Commission Agreement – Individual 10 Project Name, FP&C XX-XX

4.1.1.2 $000,000.00 A progress payment payable when fifty percent (50%) of the Work is fabricated and approved by Texas Tech.

4.1.1.3 $00,000.00 A progress payment payable when one hundred percent (100%) of the Work is fabricated, approved by Texas Tech, and ready for shipping and installation.

4.1.1.4 $00,000.00 A final payment after the completed Work has been fully installed and accepted by Texas Tech. Approval to process payment at this phase will require the Artist to provide the documentation required by Section 2.7.

4.2 Artist’s Expenses

4.2.1 The Artist shall be responsible for all costs and expenses related to design, fabrication, and shipping of the Work, including payment of all mailing or shipping charges on submissions to Texas Tech, engineering (if applicable), the cost of fabricating, storing (except where Section 3.2 applies), transporting to, and installing the Work at the Site, the costs of all travel by the Artist and the Artist’s agents, Subcontractors, and employees necessary for the proper performance of the services required under this Agreement, and post-installation photo documentation of the work by a professional photographer, as specified in Section 2.6.

Article 5. Warranties

5.1 General Warranties

5.1.1 The Artist represents and warrants, except as otherwise disclosed to Texas Tech in writing as part of the Design Proposal described in Section 2.2, that:

5.1.1.1 The execution and fabrication of the Work will be performed in a good and workmanlike manner, consistent with best industry standards and practices;

5.1.1.2 The Work, as fabricated and installed, will be free of defects in material and workmanship, including any latent defects or qualities which cause or accelerate deterioration of the Work; and

5.1.1.3 Reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to Texas Tech.

5.1.2 The warranties described in this Section 5 will be in effect for a period of one (1)…