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AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND MARSHALL HARRIS STUDIOS, LLC FOR
PRELIMINARY DESIGN OF PUBLIC ART FOR
c�cs FIRE STATION #43 PUBLIC ART PROJECT
This Agreement is entered into this-1:7day of 2019,by and between the City of
Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through Hall
its duly authorized Assistant City Manager,and Marshall Harris Studios, LLC,a Texas limited
liability company located at 3815 Crestline Road, Fort Worth, Texas 76107. The City has designated the
Arts Council of Fort Worth and Tarrant County,Inc.,to manage this Agreement on its behalf. The Contract
Manager shall act through its designated Public Art project manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for
Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity,to integrate the design
work of artists into the development of the City's capital infrastructure improvements, and to promote
tourism and economic vitality in the City through the artistic design of public spaces;
WHEREAS,City is currently working with a Project Consultant to design Fire Station#43,a new
fire station in far west Fort Worth, located at the intersection of Camp Bowie W. Boulevard and
Linkmeadow Drive,in Council District 3 (exact street address to be assigned).The building is expected to
be completed by December 2020.
WHEREAS,funding for this Project has been allocated from the 2014 Bond Program,Proposition
4, adopted by the Fort Worth City Council on October 21, 2014 (M&C G-18339), and the project was
included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan,adopted by the Fort Worth City
Council November 6,2018 (M&C G-19412);
WHEREAS, the Contract Manager conducted an Artist Selection Process based on qualifications
submitted by artists included in the Fort Worth Public Art Emerging Artist Pre-Qualified List,in accordance
with the Project Outline and the guidelines in the Fort Worth Public Art Master Plan Update; and,on May
13, 2019, the Fort Worth Art Commission ("FWAC") approved the Selection Panel's recommendation of
Marshall Harris Studios, LLC for the project;
WHEREAS, this Project includes an artist-in-residence component during which time Artist will
work directly with the Fort Worth Fire Department to gather research about the profession through hands-
on participation in daily station activites;
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Marshall Harris Studios,LLC for Preliminary Design of
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
WHEREAS, City and Artist wish to set out the terms and conditions under which said Work
shall be designed to promote the integrity of Artist's ideas and statements as represented by the Work.
NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements
hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows:
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following terms shall have the meanings as set forth below:
1.1. Agreement — Means and includes this Agreement between the City of Fort Worth and
Artist for Preliminary Design of public art for the Site.
1.2. Artist — Means and includes Marshall Harris Studios, LLC, a Texas limited liability
company. An artist resume is attached hereto as"Exhibit A."
1.3. Artwork Design — Means and includes the Preliminary Design of the Work, which is
defined in 1.3.a. below.
1.3.a. Preliminary Design — Means all developed preliminary drawings, sketches,
prototypes, maquettes, models, narrative descriptions, budget estimates, and the like that
are created by Artist in connection with this Agreement and/or any prior agreement
between Artist and City for the Work.
1.4. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant
County,Inc., and its officers,directors,and employees.
1.5. City—Means and includes the City of Fort Worth,Texas.
1.6. Effective Date — Means and includes the date represented in the first paragraph of this
Agreement, which shall be the official date of execution of this Agreement.
1.7. Parties—Means and includes City and Artist.
1.8. Preliminary Design Deliverables — Means and includes those items set forth in Article
2.3 of this Agreement that Artist is required to submit to City for its review and approval prior to proceeding
to the Final Design phase of this Agreement.
1.9. Project — Means and includes the capital improvement or public art development
undertaking of City at Fire Station #43 for which Artist's services are to be provided pursuant to this
Agreement. A project outline attached hereto as "Exhibit 13"describes the parameters and expectations of
the project.
1.10 Project Consultant—Means and includes RPGA Design Group, Inc.
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1.11. Project Core Team—Means and includes the group of community members,generally 5-
7 people, who are invited by the City Council Member to provide input on the project for its duration, in
accordance with the Fort Worth Master Plan Update,page 23.
1.12. Project Stakeholders—Means and includes the appropriate City Council Member(s), and
the Project Core Team and the FWAC's appointed representative and others as may be appropriate.
1.13. Site— Means the exterior of the new fire station, such as the station grounds or retaining
wall, located at the intersection of Camp Bowie W. Boulevard and Linkmeadow Drive, attached hereto as
"Exhibit C."
1.14. Work—Means and includes the finished object(s)of art and design that are the subject of
this Agreement,or any intermediary stage of completion of such work.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Scope of Services.
a. Artist shall perform all services and will furnish all supplies,materials,and equipment as necessary
for developing a Preliminary Design of the Work and for providing the Preliminary Design
Deliverables. Services shall be performed in a professional manner and in strict compliance with
all terms and conditions in this Agreement.
b. Artist shall determine the artistic expression,scope,design,color,size,material, and texture of the
Work, subject to review and input from Project Stakeholders and approval by City as set forth in
this Agreement. City may request changes to the Artwork Design from time to time under this
Agreement,and Artist will accommodate City's requests.
C. Prior to commencing the Preliminary Design, Artists shall meet with and seek input from Project
Stakeholders.
d. While developing the Preliminary Design, Artist shall participate as an artist-in-residence in
coordination with the Fort Worth Fire Department. Artist will log a minimum of 40 hours with
nearby fire stations and participate in experiences such as ride-alongs,firefighting training 101,and
station duties and responsibilities as described in the Project Outline.
e. Artist shall document his/her experiences in journal, photography or other format as well as
complete a timesheet log,attached hereto as "Exhibit D."
f. The location at the Site where the Work shall be installed shall be mutually agreed upon by City
and Artist.
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g. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and
permitting.
h. Artist shall explore concepts for the Work, within the implementation budget set forth in Article
2.3.
i. Artist shall meet and coordinate with Contract Manager and others, as necessary, to integrate the
Work into the Site in terms of structural support or other infrastructure needs to support the Work.
j. Artist shall present the Preliminary Design to the FWAC for joint review with the Project Core
Team, other Project Stakeholders, the appropriate City staff, and for the FWAC's approval at a
regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Final Design
shall subsequently be shared with City boards or commissions,as appropriate.
k. Artist shall make himself available to attend meetings and make presentations as indicated above.
1. Artist shall allow video recording and photography of his/her participation with the Fort Worth Fire
Department and other activities related to this Project such as presentations and meetings.
2.2. City Assistance.
Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the
extent that such materials are available. City, upon request by Artist, shall also provide correct scaled
drawings of the Site,if available.
2.3. Preliminary Design Deliverables.
a. Within three (3) months after the Effective Date, Artist shall provide services and all supplies,
materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.3
to City for approval. Preliminary Design Deliverables shall consist of the following:
i. Detailed, design illustrations for the Work for the Site,which shall be in a high-resolution
digital format, such as JPEG or TIF files, showing the proposed Work from multiple
vantage points with at least one illustration showing the Work's size and placement in
relation to the Site;
ii. A narrative description of the artist-in-residence experience and Artist's concept,proposed
materials, fabrication, and installation methods, timeline for completion and maintenance,
and anticipated annual maintenance requirements;
iii. A preliminary budget estimate,on the budget form attached hereto as"Exhibit E,"for final
design and implementation of the Work in an amount up to$75,645.00 which includes all
costs for materials, engineering, labor, fabrication, delivery, installation, insurance (City
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requirements attached hereto as "Exhibit F"), travel costs, transportation, remaining
Artist's fee of$7,992.00 and all other associated costs for the Work; and
iv. Artist shall provide the Preliminary Design presentation materials in PowerPoint format to
the Contract Manager to become part of the City of Fort Worth Public Art archive owned
by City. All documents, models, and/or drawings will be retained for archival and
exhibition purposes.
b. Preliminary Design Deliverables shall be submitted to the Contract Manager two(2)weeks prior
to the scheduled Preliminary Design presentation for staff review.
2.4. Preliminary Design Review.
a. Upon completion and submission of the Preliminary Design Deliverables and acceptance by
Contract Manager, Artist shall present the Preliminary Design to the FWAC for joint review with
the Project Core Team, other Project Stakeholders,the appropriate City staff, and for the FWAC's
approval at a regularly scheduled FWAC meeting with a date and time mutually agreed upon. The
Final Design shall subsequently be shared with City boards or commissions, as appropriate.
b. City shall notify Artist of its approval,or disapproval,of the Preliminary Design within thirty(30)
business days of Artist's presentation to the FWAC.
C. If City disapproves of the Preliminary Design, either in whole or in part, then City shall inform
Artist of each revision to be made to the Preliminary Design. City may require Artist to make such
revisions to the Preliminary Design as City deems necessary in its sole discretion and/or for the
Work to comply with applicable statutes,ordinances,or regulations of any governmental regulatory
agency having jurisdiction over the Site for reasons of safety and security.
d. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to
present the revised Preliminary Design in conformance with City's requirements.
e. If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design
resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms
in this Article. If the Parties desire not to continue with the resubmission process, then this
Agreement will automatically terminate, with payment for work performed per the payment
schedule in Article 3 up through the date of termination. (See Article 4.4.d)
f. Upon City approval of the Preliminary Design,any revisions made to a City-approved Preliminary
Design shall become part of the Preliminary Design. Artist shall incorporate any City-approved
revisions into the final design in conformance with City's requirements. Any revisions shall
become part of any final design deliverables if the Artist proceeds to the final design phase.
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ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount up to SIX THOUSAND,THREE
HUNDRED DOLLARS AND NO CENTS ($6,300.00)which shall constitute full compensation for any
and all costs associated with the Agreement,including,but not limited to engineering and consulting,travel
(see Section 2.1(i)), an Artist's fee of$4,300.00, and all other services performed and materials furnished
by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment
if additional services are required.
3.2. Payment Schedule.
a. City agrees to pay Artist in the following installments set forth below,each installment to represent
full and final,non-refundable payment for all services and materials provided prior to the due date
thereof:
i. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty (30) calendar
days upon execution of this Agreement and after Artist meets with Project Core Team and other
stakeholders to gather input prior to Preliminary Design development.
iii. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty (30) calendar
days after Artist has logged a minimum of 40 hours with the Fort Worth Fire Department.
iv. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty (30) calendar
days after Artist submits all of the Preliminary Design Deliverables required under Article 2.3
of this Agreement.
V. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty (30) calendar
days after Artist makes a presentation(s) of the Preliminary Design to the FWAC, the Project
Core Team,and other Project Stakeholders.
vi. ONE THOUSAND,THREE HUNDRED DOLLARS AND NO CENTS($1,300.00)within
thirty(30)calendar days after City's approval of the Preliminary Design.
vii. An engineering allowance of up to ONE THOUSAND DOLLARS AND NO CENTS
($1,000.00) for preliminary consultation as needed. Such payment shall be made for actual
services rendered only and upon receipt of an invoice from Artist with the original invoice(a
retainer fee of up to 50%is allowed)for such services attached.
3.3. Sales Taxes.
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City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon
the Project. City shall supply Artist with the"Texas Certificate of Exemption," in substantially the same
form as that attached hereto as "Exhibit G"for use by Artist in the fulfillment of this Agreement.
3.4. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the performance of this
Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on
submissions to City and/or Contract Manager, cost of all travel, and costs for Artist's agents, consultants,
and/or employees necessary for the proper performance of the services required under this Agreement.
ARTICLE 4
TERM AND TERMINATION
4.1. Term.
This Agreement shall be in effect from the Effective Date and, unless terminated earlier pursuant to such
provisions in this Agreement,shall extend until final payment to Artist by City.
4.2. Gratuities.
City may cancel this Agreement if it is found that gratuities in the form of entertainment,gifts,or otherwise
were offered or given by Artist or any agent or representative to any City or Contract Manager official or
employee with a view toward securing favorable treatment with respect to the awarding, amending, or
making of any determinations with respect to this performance of this Agreement.
4.3. Termination for Cause.
If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this
Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this
Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in
accordance with the dispute resolution process set forth in Article 5. If the Parties cannot resolve the
dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the
delivery of a written"Notice of Termination"specifying the grounds for termination. Termination of this
Agreement under this provision shall not relieve the party in default of any liability for damages resulting
from a breach or a violation of the terms of this Agreement.
4.4. Termination for Convenience.
a. The services to be performed under this Agreement may be terminated by either party, subject to
written notice submitted thirty(30) calendar days before termination.
b. If the termination is for the convenience of City,City shall pay Artist for services actually rendered
up to the effective date of termination in accordance with Section 3.2 of this Agreement,and Artist
shall continue to provide the City with services requested by City and in accordance with this
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Agreement up to the effective date of termination. Upon payment in full of all monies due for
services provided up to the effective date of termination, City shall have the right, in its sole
discretion,to possession and transfer of all work product produced by Artist under this Agreement,
including,but not limited to,finished and unfinished drawings,sketches,photographs,models,and
designs, up to the effective date of termination, provided that no right to fabricate or execute the
Work shall pass to City.
C. If termination is for the convenience of Artist,City shall have the right,in its sole discretion,to pay
Artist for services actually rendered up to the effective date of termination in accordance with
Section 3.2 of this Agreement or require the Artist to remit to City a sum equal to all payments (if
any) made to the Artist pursuant to this Agreement prior to the effective date of termination. If
City chooses to pay Artist for services actually rendered, then all work product produced by Artist
under this Agreement, including, but not limited to, finished and unfinished drawings, sketches,
photographs,models, and designs,up to the effective date of termination shall become property of
City.
d. If termination is by mutual agreement of the Parties as set forth in Article 2.4, then City shall pay
Artist for work performed in accordance with Section 3.2 of this Agreement up through the date of
termination. City shall have the right to possession and transfer of all work product produced by
Artist under this Agreement, including, but not limited to, finished and unfinished drawings,
sketches,photographs, models,and designs,up to the effective date of termination.
4.5. Incapacity of Artist.
a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term
of this Agreement, City shall have the right to terminate this Agreement on payment to Artist or
Artist's successors for all work and services performed prior to death or incapacity. All work
product produced by Artist, including, but not limited to, finished and unfinished drawings,
sketches, photographs, models, and designs, up to the effective date of termination shall become
property of City.
b. Should Artist's Preliminary Design have been approved, in the event of termination under this
Article 4.5, City shall have the right to complete the Work, if feasible. Due regard shall be made
for Artist's intended results and proper credit and acknowledgement shall be given to Artist.
ARTICLE 5
DISPUTE RESOLUTION
If either Artist or City has a claim,dispute,or other matter in question for breach of duty,obligations,
services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve
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these issues through this dispute resolution process. The disputing party shall notify the other party in writing
as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the
dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the
notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person
meetings,or other reasonable means to resolve any claim,dispute,breach,or other matter in question that may
arise out of or in connection with this Agreement.
If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the
notice of the dispute,then the Parties may submit the matter to non-binding mediation upon Written consent of
the authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice and
Remedies Code and Chapter 2009 of the Texas Government Code,then in effect. Request for mediation shall
be in Writing,and shall request that the mediation commence not less than fifteen(15)or more than forty-five
(45)calendar days following the date of request,except upon Agreement of the Parties. In the event City and
Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within
thirty(30) calendar days following the date of the request for mediation, then all the conditions precedent in
this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees
equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County,Texas.
Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having
jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this
Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation,then either
party shalt have the right to exercise any and all remedies available under law regarding the dispute.(See Article
4.3)
ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. General.
a. Upon payment in full to Artist or pursuant to the applicable termination provision of this
Agreement, the Artwork Design, Work, and all other work product under this Agreement shall
become the property of City, without restriction on future use, except as provided below. Artist
shall retain copyright and other intellectual property rights in and to the Artwork Design and/or
Work. By execution of this Agreement, Artist grants to the City an exclusive, perpetual, royalty
free, and irrevocable license to graphically depict or publicly display the Artwork Design and/or
Work for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic
depiction or display of the Artwork Design and/or Work intended to promote or benefit City, its
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public services or its public purposes,regardless of whether or not a fee is charged to the public,or
whether revenue is otherwise received by City, shall be deemed a non-commercial purpose.
b. In view of the intention that the Artwork Design and the Work be unique,Artist shall not make any
additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant
permission to others to do so except with the express written permission of City. However,nothing
herein shall prevent Artist from creating future artworks in Artist's manner and style of artistic
expression.
C. Artist reserves every right available under the Federal Copyright Act to control the making and
dissemination of copies or reproductions of the Artwork Design and/or Work,except as those rights
are limited by this Agreement. City may make and disseminate photographs, drawings, and other
two-dimensional reproductions of the Artwork Design and/or Work and accompanying materials
for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a
copyright notice substantially in the following form: "O date,Artist's name."
d. Nothing in this Agreement shall prevent the Artist from using images of the Artwork Design and/or
Work for marketing and promotional purposes in connection with the Artist's business.
e. City is not responsible for any third-party infringement of Artist's copyright and not responsible for
protecting the intellectual property rights of Artist
6.2. Artist's Address.
Artist shall notify City of changes in Artist's address as set forth in Article 12. The failure to do so,if such
failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to
enforce these provisions that require the express approval of Artist. Notwithstanding this provision, City
shall make everyreasonable effort to locate Artist when matters arise relating to Artist's rights.
ARTICLE 7
WARRANTIES OF TITLE AND COPYRIGHT
a. Artist represents and warrants that:
i. Artwork Design and/or Work shall be the original product of the Artist's sole creative
efforts.
ii. Artwork Design and/or Work is and will be unique and original,and does not infringe upon
any copyright or the rights of any person;
iii. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the
Artwork Design and/or Work or any copyright related thereto that may affect or impair the
rights granted pursuant to this Agreement;
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iv. Artwork Design and/or Work (or duplicate thereof) have not been accepted for sale
elsewhere;
V. Artist has the full power to enter into and perform this Agreement and to make the grant of
rights contained in this Agreement; and
vi. All services performed hereunder shall be performed in accordance with all applicable
laws,regulations,ordinances,etc., and with all necessary care, skill and diligence.
ARTICLE 8
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and services hereunder as an independent contractor, and not as an
officer,agent,servant or employee of City.Artist shall have exclusive control of,and the exclusive right to
control the details of the work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of his/her officers,agents, employees, and subcontractors. Nothing
herein shall be construed as creating a partnership or joint venture between City and Artist,his/her officers,
agents, employees and subcontractors, and doctrine of respondent superior has no application as between
City and Artist.
ARTICLE 9
INDEMNIFICATION
9.1. General Indemnity.
a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS,AND DEFEND,AT ITS OWN EXPENSE,CITY FROM AND AGAINST ANY
AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION,
LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS,
DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE,INCLUDING,
BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT
LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND
PROPERTY DAMAGE)AND/OR PERSONAL INJURY(INCLUDING,BUT NOT LIMITED
TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH
RECOVERY OF DAMAGES IS SOUGHT,OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY
ACTS, ERRORS,OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND
CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES,
DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION
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WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR
NONPERFORMANCE OF THIS AGREEMENT.
b. Artist agrees to and shall release City from any and all liability for injury,death,damage,or loss to
persons or property sustained or caused by Artist in connection with or incidental to performance
under this Agreement.
C. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity
in favor of City in substantially the same form as above.
9.2. Intellectual Property.
Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and
any other regulations,including,but not limited to,the assumption of any and all responsibilities for paying
royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes
no obligations, implied or otherwise, regarding payment or collection of any such fees or financial
obligations. City specifically does not authorize,permit,or condone the reproduction or use of copyrighted
materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT
IS FURTHER AGREED THAT ARTIST SHALL RELEASE,DEFEND,INDEMNIFY,AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES,
ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT
LIMITED TO,ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT
OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR
ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP,AUTHORSHIP,OR
ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all
such licensing shall be the exclusive obligation of Artist.
ARTICLE 10
EQUAL OPPORTUNITY
a. Artist shall not engage in any unlawful discrimination based on race, creed, color, national origin,
sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other
prohibited criteria in any employment decisions relating to this Agreement, and Artist represents
and warrants that to the extent required by applicable laws,it is an equal opportunity employer and
shall comply with all applicable laws and regulations in any employment decisions.
b. In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this
Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be
debarred from further agreements with City.
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ARTICLE 11
MISCELLANEOUS
11.1. Compliance.
Artist shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the
performance of Artist's services under this Agreement.
11.2. Entire Agreement.
This writing embodies the entire agreement and understanding between the Parties hereto,and there are no
other agreements and understandings, oral or written, with reference to the subject matter hereof that are
not merged herein and superseded hereby.
11.3. Amendments.
No alteration,change,modification,or amendment of the terms of this Agreement shall be valid or effective
unless made in writing and signed by both parties hereto and approved by appropriate action of City.
11.4. Waiver.
No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent
default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for
any period after a default shall not be deemed a waiver of any right or acceptance of defective performance.
11.5. Governing Law and Venue.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be
construed in accordance with the laws of the State of Texas.
11.6. Successors and Assigns.
Neither party hereto shall assign, sublet, or transfer its interest herein without prior written consent of the
other party,and any attempted assignment,sublease,or transfer of all or any part hereof without such prior
written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City
and Artist and their respective successors and permitted assigns.
11.7. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and Artist,and any lawful
successor or assign, and are not intended to create any rights,contractual,or otherwise,to any other person
or entity.
11.8. Severability.
If any provision of this Agreement shall be held to be invalid,illegal,or unenforceable,the validity,legality,
and enforceability of the remaining provisions shall not in any way be affected or impaired.
Agreement Between the City of Fort Worth and Page 13 of 30
Marshall Harris Studios,LLC for Preliminary Design of
Public Artwork for Fire Station#43 Execution Copy 6/21/2019
11.9. Force Majeure.
It is expressly understood and agreed by the Parties to this Agreement that, if the performance of any
obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather;
governmental restrictions, regulations, or interferences; fires; strikes, lockouts, national disasters; riots;
material or labor restrictions; transportation problems; or any other circumstances which are reasonably
beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform
the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the
party so obligated or permitted shall be excused from doing or performing the same during such period of
delay, so that the time period applicable to such design or construction requirement shall be extended for a
period of time equal to the period such party was delayed.
11.10. Contract Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this
Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved
against the drafting party must not be employed in the interpretation of this Agreement or any amendments
or exhibits hereto.
11.11. Fiscal Funding Out.
If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may
terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery by City to
Artist of written notice of City's intention to terminate or (ii) the last date for which funding has been
appropriated by the Fort Worth City Council for the purposes set forth in this Agreement.
11.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a
part of this Agreement.
11.13. Right to Audit.
Artist agrees that City will have the right to audit the financial and business records of Artist that relate to
the Work(collectively"Records") at any time during the Term of this Agreement and for three (3) years
thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement
and for three(3)years thereafter,the Artist shall make all Records available to the City at 200 Texas Street,
Fort Worth,Texas or at another location in the City acceptable to both parties following reasonable advance
notice by the City and shall otherwise cooperate fully with the City during any audit. Artist shall require
Agreement Between the City of Fort Worth and Page 14 of 30
Marshall Harris Studios,LLC for Preliminary Design of
Public Artwork for Fire Station#43 Execution Copy 6/21/2019
all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the
same form as described in this Article 11.13.
11.14. Certified MBE/WBE.
If applicable,Artist is encouraged to make its best effort to become a certified Minority Business Enterprise
(MBE)or Woman Business Enterprise(WBE)firm with a certifying agency whose certification is accepted
by the City under the City's Business Diversity Enterprise Ordinance.
11.15. Survival Provision.
The provisions contained in Articles 4.5 (Incapacity of Artist), Articles 6 (Ownership and Intellectual
Property Rights), 7 (Warranties of Title and Copyright), 8 (Artist as an Independent Contractor), 9
(Indemnification),and 11.13 (Right to Audit)shall survive the termination or expiration of this Agreement.
11.16. Counterparts and Electronic Signatures.
This Agreement may be executed in several counterparts,each of which will be deemed an original,but all
of which together will constitute one and the same instrument. A signature received via facsimile or
electronically via email shall be as legally binding for all purposes as an original signature.
11.17. Time Extensions.
The Parties may agree,in writing,to extend or modify any of the time deadlines set forth in this Agreement.
11.18. Israel.
If Artist is a company with ten (10) or more full-time employees and if this Agreement is for
$100,000 or more, Artist acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, the City is prohibited from entering into a contract with a company for goods
or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. If applicable under this Agreement and Artist is
considered a "company," by signing this Agreement, Artist certifies that Artist's signature
provides written verification to the City that Artist: (1) does not boycott Israel, and (2) will not
boycott Israel during the term of the Agreement.
ARTICLE 12
NOTICES
All notices, requests, demands, and other communications which are required or permitted to be given
under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or
Agreement Between the City of Fort Worth and Page 15 of 30
Marshall Harris Studios,LLC for Preliminary Design of
Public Artwork for Fire Station#43 Execution Copy 6/21/2019
receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return
receipt requested,postage prepaid, as follows:
1. CITY OF FORT WORTH: Dana Burghdoff, Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas Street,Third Floor
Fort Worth,Texas 76102
Copies to: Sarah Fullenwider,City Attorney
Office of the City Attorney
City of Fort Worth
200 Texas Street,Third Floor
Fort Worth,Texas 76102
Martha Peters,Director of Public Art
Arts Council of Fort Worth&Tarrant County
1300 Gendy Street
Fort Worth,Texas 76107
2. ARTIST Marshall Harris Studios,LLC
Marshall Harris
3815 Crestline Road
Fort Worth,Texas 76107
IN WITNESS HEREOF, the Parties hereto have executed this Agreement to be effective as of the
Effective Date.
CITY OF FORT WORT ii ARTIST
by:
veSU J. a Marshall Harris
Assistant City Manager Marshall Harris Studios,LLC
Contract Compliance Manager
By signing, I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Agreement Between the City of Fort Worth and Page 16 of 30
Marshall Harris Studios,LLC for Preliminary Design of
Public Artwork for Fire Station#43 Execution Copy 6 1/20-12OFFIC'AL RECORD
CITY SECRETARY
FT WORTH,TX
Name: Michelle Richardson
Title: Public All Project Manager
APPROVE S TO FORM
AND LEG ITY
Jessica Sang v
Senior Assis t y Attorney
ro.
Form 1295:Not required
l........
ATT ED BY�r. i .
I ry J. Ka ser �� • �`
City Secretary ' ..........
Contract Authorization:
M&C—No M&C Required
Agreement Between the City of Fort Worth and Page 17 of 30
Marshall Harris Studios,LLC for Preliminary Design of
Public Artwork for Fire Station#43 Execution Copy 6/
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Exhibit A: Marshall Harris Studios,LLC Resume
Artist Resume
Marshall Harris
3815 Crestline Rd
Ft. Worth TX 76107
817-709-5444
marshallk222 a,mac.com
www.marshallkharris.com
Education:
MFA in Sculpture,The University of the Arts,Philadelphia PA 2011
BFA in Communication Arts,Texas Christian University,Fort Worth TX 1979
Exhibition Record
2018 Group:Laura Wilson, Byrd Williams IV&selected prints of Marshall Harris,Fort Works Art,
Fort Worth TX (January,2018)
2017 Group:SCOPE MIAMI, Fort Works Art, Miami FL (December,2018)
Group: "Duets 2.0",Fort Works Art,Fort Worth TX(December,2017)
Group: "This Is The Fort", Fort Works Art, Fort Worth TX (January,2017)
2016 Group:SCOPE MIAMI,Fort Works Art,Miami FL (December, 2016)
Solo: "Do Not Try This At Home", Fort Works Art, Fort Worth TX (June 2016)
Group: The Last Pop Up, Fort Works Art, Fort Worth TX TX
2015 Group: Fat over Lean,G Gallery, Houston TX
Group: Realism, Old Jailhouse Art Center,Albany TX, Curator Patrick Kelly
Solo: "Dark Matters"and other topics for awkward dinner conversation,Nicole Longnecker
Gallery, Houston TX (May 2015)
2014 Group: [DISJComfort Zones, ART Prize 2014,Grand Rapids Museum of Art,Grand Rapids, MI
Group:Artspacell]Regional Jurries Exhibition,Astspacel11, Fort Worth TX
Group: Serving Papers,Op!ne Gallery, Seguin TX
Group: Figuratively Speaking,Annual Directors Exhibition,The Rymer Gallery,Nashville TN
Group:Another Layover:New Art Acquisitions for IAH, Houston Art Alliance, Houston TX
Group: Texas Draw III, Southwest School of Art, San Antonio TX
Group: Not a statistical interstices,Nicole Longnecker Gallery, Houston TX
2013 Solo: "Death Do Us Part", Red Arrow Gallery, Dallas TX
Group: ONE-Manifest Creative Research Gallery and Drawing Center,Cincinnati OH
Solo: One Color of Gray-Drawings by Marshall Harris,Benedun Fine Arts Gallery,Waynseburg
University, Waynesburg, PA
Group: The Hunting Art Prize,The Hunting Corporation, Houston TX
Group: Nude Attitude,Peoria Art Guild, Peoria, IL
2012 Solo: Of Carcass & Carrion,The Floating Gallery,Fort Worth TX
Solo:Ride Em Cowboy Velvet Box Gallery, Fort Worth TX
Group: Salon Style, Mary Tomas Gallery, Dallas,TX
Group: The Language of Color, Galleria 19,Fredricksberg,TX
Group: New School-New Faculty Exhibit, TCU Moudy Gallery, Fort Worth,TX
Group: Young Country Delaware Center for Contemporary Art,Wilmington DE
Group: Fort Worth Invitational Biannual. Fort Worth Community Arts Center, Fort Worth, TX
Agreement Between the City of Fort Worth and Page 18 of 30
Marshall Harris Studios,LLC for Preliminary Design of
Public Artwork for Fire Station 943 Execution Copy 6/21/2019
Group: Lightning Strikes Twice, Mary Tomas Gallery&Circuit 12, Dallas,TX
Group: Botanical,Manifest Creative Research Gallery and Drawing Center,Cincinnati OH
Solo: Ride Em'Cowboy, NCV Gallery, Houston TX
Group: Out Of The Gray- Works in Graphite, Manifest Creative Research Gallery and Drawing
Center, Cincinnati OH
Group: Young Country Satellite Exhibition, Salisbury University„ Salisbury,MD
2011 Solo: I Draw Naked People, Velvet Box Gallery,Fort.Worth TX
Group: Observed, Manifest Creative Research Gallery and Drawing Center, Cincinnati OH
Group:Five x Seven on the Road 2011,Talley Dunn Gallery, Dallas TX
Group:New Texas Talent,Craighead Green Gallery,Dallas TX
Group: Young Country Satellite Exhibition, Rosenwald Wolf Gallery,Philadelphia PA
Group:Juried Exhibit 2011, The Kinsey Institute,SOFA Gallery,Indiana University
Bloomington IN
Group: 125 Exhibition,PAA. Plano TX
Group: Five x Seven 2011,ARTHOUSE,Austin TX
2010 Group: NUDE2, Manifest Creative Research Gallery and Drawing Center,Cincinnati OH
Group:Industriata,The Shaur Experimental Gallery,Williamsport PA
Group: The Art of Romance,The Floating Gallery,Williamsport PA
2009 Group: WIP Exhibition, Rosenwald Wolf Gallery,Philadelphia PA
Group: BLUE,Kathryn Schultz Gallery, Cambridge Art Association, Cambridge MA
Group: Governors Gala,The PAA,Williamsport PA
2008 Group: WIP Exhibition,Rosenwald Wolf Gallery,Philadelphia PA
Group: New Members Exhibition, Marblehead Arts Association,Marblehead MA
Group: Reclamations and Exclamations, Lynn Arts Association, Lynn MA
Group:Erotica, Menkis Gallery, Marblehead, MA
2006 Group:Incarnations, Boon Gallery, Salem MA
Solo:Massive Resurrected, Boon Gallery, Salem,MA
2005 Group: Lost and Found, Boon Gallery, Salem MA
Selected Solo Exhibitions:
2013 Death Do Us Part, Red Arrow Gallery, Dallas TX
2013 One Color of Gray-Drawings by Marshall Harris,Benedun Fine Arts Gallery,Wayneeburg
University, Waynesburg, PA
2012 Of Carcass& Carrion, The Floating Gallery, Fort Worth TX
2012 Ride Em Cowboy Velvet Box Gallery,Fort Worth TX
2012 Ride Em'Cowboy, NCV Gallery,Houston TX
2011 I Draw Naked People, Velvet Box Gallery,Fort.Worth TX
2006 Massive Resurrected, Boon Gallery, Salem,MA
Collections:
Enlightenment-Ego Diptych, Acquired 2015 Private Collector
Aoki parallel universe#1, Acquired 2014 Private Collector
Koon's Ballons Heart Chakra Dog diptych,Acquired 2014 Private Collector
Duet#1,Acquired 2014,Private Collector
Miss Mindy's Demise& Carcass, Acquired 2014 Houston Airport Portable Collection. Houston,
TX
Round-Up, B.F. Smith &Sons Saddlery circa 1942,Acquired 2013 The Hunting Corporation,
Houston TX
Agreement Between the City of Fort Worth and Page 19 of 30
Marshall Hams Studios,LLC for Preliminary Design of
Public Artwork for Fire Station 943 Execution Copy 6/21/2019
Cause and Effect,Acquired 2013,Private Collector,Dallas,TX
The Hand That Feeds, Acquired 2011 Private Collector
Pipe Organ,Acquired 2010,XTO Energy Corporation,Ft. Worth TX
Suspension,Acquired 2010,RobyGraphics Corp,Ft.Worth TX
Negative Impressions, Acquired 2008,The Altova Corporation, Beverly MA
Broken Crayons, Acquired 2006,The Altova Corporation, Beverly MA
Publications
Masters of Contemporary Fine Art,Feb 2016 by Art Galaxie publications UK
Patron:Dearly Departed, Oct/Nov 2013 by Terri Provencal
http://www.patronmag-digital.com/patronmag/winter 2013#pg56
Texas Contemporary Artists:Second Edition by June Mattingly
Strokes of Genius 6,Northern Light Publications
INDA13,Manifest Creative Research Gallery and Drawing Center,Cincinnati OH
INDA11, Manifest Creative Research Gallery and Drawing Center,Cincinnati OH
INDA8, Manifest Creative Research Gallery and Drawing Center, Cincinnati OH
INDA7 Annual,Manifest Gallery,2011
INDA6 Annual,Manifest Gallery,2010
Online articles
Patron:Dearly Departed, Oct/Nov 2013 by Terri Provencal
http://www.patronmag-digital.com/
patronmag/winter_2013#pg56
"Young Country"http://wvvw.thedcca.org/young-country
Libby, "Young Country at Rosenwald-Wolf"July 25,2011.The Art Blog.
http://www.theartblog.org/2011/07/yoamg-coaintry-at-rosenwald-wolf/
Meda Kessler"Arts Google: The Main Event", 360 West,May 2012,pp. 99
http://www.bluetoad.com/publication/?1=108896
June Naylor, "Back In The Saddle", 360 West, May 2011,pp. 100-103,
http://www.bluetoad.com/publication/?1=68183
Cowboys and Indians, March 2012, Gallery review
Awards
The Haunting Art Prize, 2013
Exhibited Gallery Contact Information:
FORT WORTH ARTS
2100 Montgomery
Fort Worth,TX 76107
(817) 759-9475
Lauren Childs Director
https://www.fortworksart.coi-n/
NICOLE LONGNECKER GALLERY
2625 Colquitt St,
Houston,TX 77098
(713)591-4997
Nicole Longnecker: ag 1� leryAlongnecker ag lle .com
http://www.longnecker ag llerv.com
Agreement Between the City of Fort Worth and Page 20 of 30
Marshall Harris Studios,LLC for Preliminary Design of
Public Artwork for Fire Station 943 Execution Copy 6/21/2019
RED ARROW CONTEMPORARY (NO LONGER IN BUSINESS BUT I CAN PUT YOU IN
TOUCH
WITH ED)
1130 Dragon St,Suite 110,
Dallas,TX 75207
214.335.9556 or 1 (469)426-9783
Ed Stafford: ed@re(iaffowcontemporary.com
MANIFEST
2727 Woodburn Avenue
East Walnut Hills
Cincinnati, Ohio 45206
513.861.3638
Jason Franz:jason(&manifest ag llery.org
Agreement Between the City of Fort Worth and Page 21 of 30
Marshall Harris Studios,LLC for Preliminary Design of
Public Artwork for Fire Station#43 Execution Copy 6/21/2019
Exhibit B: Project Outline
27�/�_
Fire Station #43
Public Art Project Outline
4J
The City of Fort Worth is in the process of designing a new Fire Station in far west Fort Worth in Council
District 3. Fire Station#43 will be located in the Walsh Ranch area at the intersection of Camp Bowie W.
Boulevard and Linkmeadow Drive (an exact street address to be assigned).The building is expected to be
completed by the end of December 2020.
PUBLIC ART APPROACH
The opportunities for public art include an exterior freestanding sculpture in front of the building or a wall
mounted artwork on the exterior of the CMU screening wall of the new fire station.The wall dimensions
are approximately 8 feet in height(length of wall to be determined).The Project Core Team will convene in
late February to share their goals and aspirations for the project,which will guide the Artist Selection
Process.
As part of the overall project approach,the selected artist will participate in a micro-residency in
coordination with the Fort Worth Fire Department.Over a period of 12 weeks,the artist will coordinate
with the department and spend a minimum of 40 hours at nearby fire stations to better understand what it
truly means to be a firefighter with the City.The artist will not only have the opportunity to ask questions
and hear stories from the firefighters, but also will participate in ride-alongs and crew meals (if invited)to
inspire the creation of a successful Preliminary Design.
Agreement Between the City of Fort Worth and Page 22 of 30
Marshall Hams Studios,LLC for Preliminary Design
of Public Artwork for Fire Station#43 Draft 4/19/2019
PUBLIC ART BUDGET
There is$91,050.00 available from the 2014 Bond, Proposition 4,for an artwork associated with Fire Station
#43.This project is included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan,which was
adopted by the Fort Worth City Council on November 6, 2018 (M&C G-19412).
ELIGIBILITY
Staff will recommend 6-8 local artists from the Fort Worth Public Art Pre-Qualified List of Emerging Artists
whose work would be a good fit for the project.To be eligible,artists will also be required to confirm their
availability to participate in a micro-residency with the Fort Worth Fire Department,as outlined above.
PROJECT CORE TEAM
1. Bob Galvan, Lost Creek Estates
2. Gary Hogan,Chapel Creek
3. Roland Creswell,Westland
4. Merideth Tullous,Walsh Ranch
5.Jack Romigh,Tejas Trails
ARTIST SELECTION PROCESS
SELECTION PANEL#1(February 2019)
FWPA staff shall curate a group of 6-8 qualified artists from the Fort Worth Public Art Pre-Qualified List of
Emerging Artists.All artists will be contacted prior to being considered by the Artist Selection Panel,to
ascertain their interest and availability.After reviewing the artist's images and qualifications,the panel shall
select the three finalists(and one alternate)they feel are the best fit for the project.
ARTIST ORIENTATION
The Finalists shall participate in an orientation for the project. Information about the project, including
elevations and plans, shall be sent to the Finalists in advance of the orientation.
SELECTION PANEL#2(March 2019)
The Artist Selection Panel shall reconvene and interview the three artist finalists individually.The Panel will
ask the artists to address a series of questions about how they would approach the project.The Panel will
then recommend one artist for the project and one alternate. Upon the FWAC's approval of the Panel's
recommendation,a Preliminary Design contract shall be prepared.
Selection Panel Meetings Facilitator: Michelle Richardson, Public Art Project Manager,Arts Council of Fort
Worth
ARTIST SELECTION PANEL(Votina)
1. Roland Creswell, Elected Project Core Team Member
2. Leslie Thompson, Fort Worth Art Commissioner
3. Nathan Madrid,Artist
4.Javier Lucio, Project Consultant, RPGA Architects
5. Caleb Crow, Fire Department,City of Fort Worth
ADVISORS(Non-voting)
1. Michael D.Crain, District 3 Director(representing Council Member Brian Byrd)
2. Mark Rauscher,Assistant Director, Fire Department,City of Fort Worth
Agreement Between the City of Fort Worth and Page 23 of 30
Marshall Harris Studios,LLC for Preliminary Design
of Public Artwork for Fire Station#43 Draft 4/19/2019
3. Landon Stallings, Deputy Chief of Operations, Fire Department,City of Fort Worth
4. Ronald Clements, Property Management Department,City of Fort Worth
5. Other Project Core Team Members
6. Others, as appropriate
TIMELINE(Subiect to change-process initiates upon Approval of FWAQ
Approval of Project Outline by FWAC February 11, 2019
Artist Selection Panel#1 March 2019
Finalist Orientation March 2019
Artist Selection Panel#2(interviews) April 2019
Approval of Selection Panel Recommendation April 8, 2019
Preliminary Design Contract Executed April 2019
*Micro-Residency with FWFD April—June, 2019
Agreement Between the City of Fort Worth and Page 24 of 30
Marshall Hams Studios,LLC for Preliminary Design
of Public Artwork for Fire Station#43 Draft 4/19/2019
Exhibit C: Site
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SITE PLAN
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Agreement Between the City of Fort Worth and Page 25 of 30
Marshall Harris Studios,LLC for Preliminary Design
of Public Artwork for Fire Station#43 Draft 4/19/2019
Exhibit D: Fire Station Artist-In-Residence Timesheet Log
2VL VA vM1 sk
FORT WORTH PUBLIC ART
Fire Station Timesheet Log
Date Time(Total) FWFD Name FWFD Signature
Agreement Between the City of Foil Worth and Page 26 of 30
Marshall Harris Studios,LLC for Preliminary Design
of Public Artwork for Fire Station#43 Draft 4/19l2019
Exhibit E: Budget Form
ARTIST ARTIST
PROJECT BUDGET • • ■
PROJE
■ PROJECT
. .P
COSTS COSTS
FEES INSTALLATION
Artist fee Transportation
Design(Preliminary/Final) Permits
Professional fees Site preparation/remediation
Engineer Footings/foundations
Architect Electrical connections/modifications
Lighting Designer Labor
Conservator Equipment rental
Other Traffic control
SUB-TOTAL FEES Security
SUB-TOTAL INSTALLATION
TRAVEL
Transporation OVERHEAD
Lodging insurance(prorated)
Per diem(meals and incidentals)
Studio assistant(hours x$per hour)
SUB-TOTAL TRAVEL
SUB-TOTAL OVERHEAD
FABRICATION
Artist administration(hours x$per hour) CONTINGENCY
Materials
Artist labor(hours x$per hour) GRAND TOTAL ARTIST
Labor PROJECT COSTS
Rentals(equipment,space,etc)
Storage
SUB-TOTAL FABRICATION
Agreement Between the City of Fort Worth and Page 27 of 30
Marshall Hams Studios,LLC for Preliminary Design
of Public Artwork for Fire Station#43 Draft 4/19/2019
Exhibit F: Insurance Requirements
PUBLIC ART PROJECTS-INSURANCE REQUIREMENTS
Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication,
transportation, and/or installation of the Work, then Artist shall also require his/her subcontractor(s) to abide
by all of the following insurance requirements.
Commercial General Liability(CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
Coverage shall include, but not be limited to, the following: premises, operations, independent contractors,
products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an
occurrence basis, and be as comprehensive as the current Insurance Services Office (ISO)policy. The policy
shall name City as an additional insured.
Bailee's/Property(if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest
appraised value of the Artwork, which is entrusted to the Artist and is considered to be in the Artist's care,
custody,and control and shall include property"in transit."
Automobile Liability
$1,000,000 Each accident
or
$250,000 Bodily Injury per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on"Any Auto,"defined as autos owned,hired and non-
owned.
For Artist and/or Artist's Subcontractors who have employees: Workers'Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Bodily Injury/Disease-policy limit
Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas
workers' Compensation Act(Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.).
GENERAL POLICY REQUIREMENTS
The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers,
Employees and Volunteers as an "Additional Insured" on all liability policies. Exception: the additional
insured requirement does not apply to Workers' Compensation or Automobile policies.
Agreement Between the City of Fort Worth and Page 28 of 30
Marshall Harris Studios,LLC for Preliminary Design
of Public Artwork for Fire Station#43 Draft 4/19/2019
Artist is responsible for providing the City a thirty day (30) notice of cancellation or non-renewal of any
insurance policy and may not change the terms and conditions of any policy that would limit the scope or
coverage,or otherwise alter or disallow coverage as required herein.
The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) in favor of the
City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas.
If the subcontractor is an international entity and carries insurance through an international insurance company,
then the subcontractor must obtain language on their certificate of insurance confirming that its insurance
policy extends coverage to operations in the United States. All insurers must have a minimum rating of A-
VII in the current A. M.Best Key Rating Guide or have reasonably equivalent financial strength and solvency
to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk
Management is required.
If insurance policies are not written for specified coverage limits,an Umbrella or Excess Liability insurance
for any differences is required. Excess Liability shall follow form of the primary coverage.
Unless otherwise stated,all required insurance shall be written on an"occurrence basis."
The deductible or self-insured retention(SIR)affecting required insurance coverage shall be acceptable to and
approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders'
equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups,must also approved by City's Risk Manager.
City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable
adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon
changes in statutory law,court decision or the claims history of the industry as well as of the contracting party
to City of Fort Worth. City shall be required to provide prior notice of ninety days.
City shall be entitled,upon request and without expense,to receive copies of policies and endorsements thereto
and may make any reasonable requests for deletion or revision or modifications of particular policy terms,
conditions, limitations, or exclusions except where policy provisions are established by law or regulations
binding upon either of party or the underwriter on any such policies.
Agreement Between the City of Fort Worth and Page 29 of 30
Marshall Hams Studios,LLC for Preliminary Design
of Public Artwork for Fire Station 443 Draft 4/19/2019
Exhibit G: Sales Tax Exemption
Texas Sales and Use Tax Exemption Certification
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Agreement Between the City of Fort Worth and Page 30 of 30
Marshall Hams Studios,LLC for Preliminary Design
of Public Artwork for Fire Station#43 Draft 4/19/2019