HomeMy WebLinkAboutContract 45564 CITY SEC
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CONTRA9F
AGREEMENT FOR COMMISSION of PUBLIC AT TOR ,
BETWEEN THE CITY 01F FORT WORT
AND BENITO H ERTA.
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This Agreement is entered into this day of , 2014, by and between the City of
I,Fort Worth, a honne-rule municipal corporation of the State of Texas, acting by and through its duly
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authorized Assistant City;Manage:, and Benito fluerta, an individual residing at 1.128 west Park.Row Drive,
Arlington, Texas. 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 �
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manager.
WHEREAS, pursuant to Chapter 2
apt , Sections, 2-,56 through. 2- 1 of the Fort Worth Code of
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Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort 1
Worth residents,to commemorate the City's rich c ultural and ethnic diversity,to integrate the design work of
artists into the development of the City's capital infrastructure improveinents, and to promote tourism and
economic vitality in the City through the artistic design of public spaces; �
WHEREAS, City is designing and constructing park improvements in the Marine Creek Park
Corridor,which includes Rodeo Parr, Lincoln Park, Marine Creek Linear Park and Buck Sanomn Park;
WHEREAS, on December 2, 2011) City and Artist made and entered into City Secretary Contract j
1o. 42623, under which. Artist worked collaboratively with the City's Parks and Community Services �
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Department staff"to create a master Plan and design of public art/design enhancements for the Marine Creek �
Park corridor:.
WHEREAS, the Fort Worth Art Commission ("FWAC") approved the Marine Creek Park corridor l
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public art master Plan on March 18, 2013, and the final designs of public art/design enhancements for the �
Site on August 6,2012;
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WHEREAS, City has set aside funds to design and commission public art/design enhancements in [
conjunction with park improvement projects from the 2004 capital improvements program, as included in the
Long Range Public Art Plan for the 2004 CIP that was adopted by the Fort Worth City Council on May 17,
2005 (:M&C G-14801)51 1
"ERAS', the FWAC recommended additional funds for the r
P o'ect from the specially Funded
Capital Projects Fund (Public Art Fund) in the Fiscal Year 2014 Annual work Plan and Budget, adopted by
the Fort Worth.City Council on November 1.2,2013 (M&C C-26557)as pail of the City's ar., reetnent with the �
Contract Manager fo'r administration of the public art program * 1
WHEREAS, City and Artist wish to set out the terms and conditions under which said work shall �
be fabricated delivered n I
a d installed at the Site. 1.
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STOW, 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 I
DEFINITIONS
As used in this Agreement, the following terms shall have the meanings as set forth below:
I.I. Agreement --- Means and includes this Agreement between the City of Fort Worth and
Benito Huerta for Commission of Public Artwork for the Site.
1.2. Artist --Means and includes Benito Huerta.
1.3. Artwork Design--Means the final, City-approved design of the Work for the Site created in
connection with the Artwork Design Contract and includes, but is not limited to, all final City-approved
maquettes,drawings,sketches,prototypes,models and the like that were created by Artist in connection with
the Artwork Design specific to this Work. The designs and descriptions are attached hereto as Exhibit "A"
and incorporated herein for all purposes.
1.4. Artwork Design Contract—Means and includes Fort worth City Secretary Contract
Number 42623,an Agreement with Benito Huerta for Master Plan and Design of Public Art/Design
Enhancements For The Marine Creek Park Corridor.
1.5. Contract Manager --Means City's written acknowledgement to Artist that all services for
fabrication, delivery, and installation of the work have been completed in accordance with the terms of this
Agreement.
1.5. City--Means and includes the City of Fort Worth,Texas.
1.7. 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.
1.8. Final Acceptance - Means City's written acknowledgement to Artist that all services
required of the Artist have been completed in conformity with the Artwork Design.
1.10. Parties--Means and includes City and Artist.
1.11. Project — Means and includes the capital improvement or public art development
undertaking of City for which Artist's services are to be provided pursuant to this Agreement.
1.12. Project Consultant — Means and includes the design firm/professional(s) hired by City to
design the Site.
1.13. Project - Means and includes the capital improvement/public art development undertaking
of City for which Artist's services are to be provided pursuant to this Agreement.
1.14. Schedule - Means and includes a written plan of procedure for completion of fabrication,
delivery, and installation of the Work,including,but not limited to,the submission of progress reports.
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1.15. Site — Means the Marine Creek Park Corridor, which includes Rodeo Park, Lincoln Park,
Marine Creek Linear Park and Buck Sansom Park, which are more particularly described on Exhibit "B,"
attached hereto and incorporated herein by reference for all purposes.
1.16. 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. Artist Selection.
City and Artist acknowledge that Artist's Artwork Design was reviewed and approved by the FwAC on
August 6,2012,and is the basis for executing this Agreement with Artist.
2.2. Scope of Services.
a. Artist shall perform all services and shall furnish all supplies, materials, and equipment as necessary
for fabricating, delivering, and installing the work at the Site. Services shall be performed in a
professional manner and in strict compliance with all terms and conditions in this Agreement.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the
Work, subject to review and acceptance by City as set forth in this Agreement. The location at the
Site where the work shall be installed shall be mutually agreed upon by City and Artist.
C. 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.
d. Artist shall meet and coordinate with City staff and others, as necessary, to ensure proper integration
of the work into the Site.
e. Upon request of City, Artist shall consult with a qualified art conservator and shall provide written
maintenance recommendations for the work from said conservator to the Contract Manager.
f. Artist shall participate in one public education event in Fort worth,Texas at a mutually � on agreed upon
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date and time.
g. Artist shall deliver and install the work in accordance with the terns of this Agreement.
2.3. 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.
2.4. Execution of Work
a. Artist shall furnish the Schedule to the Contract Manager within fifteen (15) business days after the
Effective Date. After written approval of the Schedule by City, Artist shall fabricate, deliver, and
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install the Work in accordance with such Schedule. Schedule changes may be accomplished by
written agreement between Artist and City.
b. City and/or Contract Manager,upon written request, shall have the right to review the work during
its fabrication and/or request visual documentation of the fabrication. Artist shall, upon written
request by the City and/or Contract Manager,provide a written progress report detailing the progress
made toward completion of the work and the remainder of work to be done to complete the work.
Artist shall comply with any request made by the City and/or Contract Manager pursuant to this
Article 2.4 within thirty(30) calendar days after receipt of the written request.
C. Artist shall complete the fabrication of the work in accordance with the Artwork Design. Artist shall
present to the Contract Manager, in writing, for further review and approval, any changes in the
scope, design, color, size, material, or texture of the work. The Contract Manager, in its discretion,
shall determine whether the changes are significant and whether the changes conform to the Artwork
Design. If the Contract Manager, in its sole discretion, determines that the changes are significant
and do not conform with the Artwork Design, then the Contract Manager shall, in light of the
Artwork Design, determine whether a significant change requires City approval. If the Contract
Manager determines that the significant change requires City approval, then the change(s) may be
presented to the FwAC for review and approval at a regularly scheduled or special meeting of the
FwAC. If any disputes arise thereafter, the Parties shall first attempt to resolve those disputes in
accordance with the dispute resolution process set forth in Article 12 of this Agreement.
2.5 Delivery and Installation.
a. Artist shall notify City, through its Contract Manager, in writing when fabrication of the Work is
completed and is ready for delivery and installation at the Site.
b. Construction of the Site, including, but not limited to, the design, engineering, and labor associated
with preparing the Site to receive the work shall be performed by others, and shall be done in
accordance with the specifications jointly agreed to by Artist,the Project Consultant,and City.
C. Artist shall be responsible for obtaining and paying for all necessary permits and any required traffic
barriers appropriate for this project.
d. Except as set forth in Section 2.5(d)(i)below,Artist shall deliver and install all elements of the work
at the Site. Artist shall coordinate the installation of the work with City and Contract Manager.
Delivery and installation activities may not commence until written permission is delivered to Artist
by the City.
i. Artist shall deliver the six(6) bird-themed fencing panels to the City's general contractor for
the Project in accordance with the Schedule. The City's general contractor will be
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responsible for attaching the six (6)bird-Chemed fencing panels to the fencing component of
the Project and installing them as a part of the larger fencing component throughout the Site.
e. Should Artist complete the work in advance of the completion of the Site,Artist shall store or cause
to be stored the work at no expense to City until such a time as the Site is completed and the
Contract Manager notifies Artist that installation may commence.
f. Artist, individually and through its subcontractors, including its fabricator and/or installer, shall take
all necessary precautions to protect and preserve the integrity and finish of the Site while delivering
and installing the work. if City determines, in its sole discretion, that Artist or Artist's
subcontractors have damaged the Site, then City shall inform Artist,in writing, of the damage. Artist,
at his/her own expense, shall have thirty (30) days from receipt of City's written notice to repair the
damage to the Site to the satisfaction of City. If Artist fails to repair the damages to the satisfaction
of City within thirty (30) days after receipt of the notice, or within the deadline otherwise agreed to
by the parties, then City shall have the right to deduct the cost of repairs from any remaining
payment due to Artist under this Agreement, which shall be in addition to any and all other rights
and remedies available to City at law or in equity.
g. Upon City's request, prior to installation of the work, Artist shall consult with a qualified art
conservator and provide to Contract Manager written instructions for appropriate maintenance and
preservation of the work on the form attached hereto as Exhibit "C" (Technical and Maintenance
Record). The appropriate maintenance and preservation instructions shall not be substantially
different from the maintenance and preservation anticipated and conveyed to City for the work in
the final design phase for the work.
2.6 Post-installation.
a. within thirty(30) days after the installation of the work, Artist shall furnish Contract Manager with
a set of at least ten (10) high--resolution digital images and ten (10) low-resolution digital images
(jpeg format) showing the work from at least two vantage points, including detail shots, with at
least three (3) of these images showing the work installed, as selected by Contract Manager, to
document the work after the work is installed.
b. Artist shall make his/her best effort to be available at such times).as may be set by the City to attend
any inauguration or presentation ceremonies relating to the transfer of the work to City. City shall
use its best efforts to arrange for publicity for the completed work in such art publications and
otherwise as may be determined between City and Artist as soon as practicable following
installation.
C. For the duration of the Agreement, if Artist intends to seek its own publicity for the work, such
efforts and/or press releases must be approved, in advance,by City.
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2.7 Final Acceptance.
a. Artist shall notify City and Contract Manager, in writing, when all services for fabrication, delivery,
and installation of the work have been completed in accordance with the terms of this Agreement.
Included in such notice from Artist shall be an affidavit, attached hereto as Exhibit "D" (Affidavit),
certifying that all bills relating to services or supplies used in the performance of this Agreement
have been paid.
b. City shall notify Artist in writing of its Final Acceptance of the work.
C. Final Acceptance shall be effective as of the earlier to occur of(1) the date of City's notification of
Final Acceptance; or (2) the 35th day after Artist has sent the written notice to City required under
this Section 2.7, unless City, upon receipt of such notice and prior to the expiration of the 35-day
period, gives Artist written notice specifying and describing anything that has not been completed
pursuant to this Agreement.
2.8 Risk of Loss
The risk of loss or damage to the Work shall be borne by Artist prior to Final Acceptance, and Artist shall
take such measures as are necessary to protect the work from loss or damage until Final Acceptance,
including, but not limited to, the purchase of property loss insurance, except that the risk of loss or damage
shall be borne by City prior to Final Acceptance during such periods of time as the partially or wholly
completed work is in the custody, control or supervision of City or its agents for the purposes of moving,
storing, or performing any other ancillary services to the work. Any portion of the work in the possession
of the City's general contractor shall not be considered in the custody, control, or supervision of the City or
its agents.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall be TWENTY-EIGHT THOUSAND, EIGHT
HUNDRED SIXTY-SIX DOLLARS AND NO CENTS ($28,866.00), which shall constitute full
compensation for all services to be performed and materials to be furnished by Artist under this Agreement,
including, but not Iii-nited to, fabrication, transportation, installation, Artist's fee, insurance, incidental costs,
all travel expenses,and any other costs associated with the work. The Parties 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:
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i. TWELVE THOUSAND DOLLARS AND NO CENTS ($12,000.00) upon execution of
this Agreement.
ii. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon Contract Manager's
verification of 50% fabrication of the Work.
iii. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.04) upon Contract Manager's r
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verification that the work is ready to install.
IV. ONE THOUSAND, EIGHT HUNDRED SIXTY-SIX DOLLARS AND NO CENTS
($1,866.00) within thirty-five (35) days after Final Acceptance and receipt by City of such
documentation it may require concerning payment of services and supplies rendered to Artist
(see Article 2); provided, however, that final delivery shall not be tendered prior to the
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expiration of thirty(30)days after Final Acceptance.
3,3. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon
the work. City shall supply Artist with the"Texas Certificate of Exemption," in substantially the same form
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as that attached hereto as Exhibit"E"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 TIME OF PERFORMANCE
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4.1. Term.
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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. Duration.
The services to be required of Artist set forth in Article 2 shall be completed in accordance with the
Schedule; provided,however, such time limits may be extended or otherwise modified by written agreement
between Artist and City.
4.3. Early Completion of Artist Services.
Artist shall bear any transportation and storage charges incurred from the completion of his or her services
prior to the time provided in the schedule for delivery.
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4.4. Time Extensions• Force Ma•eure.
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City or Artist, as appropriate, shall grant a reasonable extension of time to the other party if conditions
beyond the parties' control or Acts of God, flood, riot, civil insurrection, labor strikes, or orders of local or
federal government render timely performance of the parties' services impossible or unexpectedly
burdensome. The party suffering the impossibility or burdensome conditions trust infonii the other in
writing within ten(10) days of the onset of such performance delay,specifying the reasons therefore. Failure
to fulfill contractual obligations due to conditions beyond either party's reasonable control shall not be
considered a breach of this Agreement; provided, however, that such obligations shall be suspended only for
the duration of such conditions.
ARTICLE 5
WARRANTIES
5.1. warranties of Title and Copyright._
a. Artist represents and warrants that:
i. Artwork Design and work shall be the original product of Artist's sole creative efforts.
ii. Artwork Design and work are and will be unique and original, and do not infringe upon any
copyright or the rights of any person or entity;
iii. Artwork Design and work(or duplicate thereof) have not been accepted for sale elsewhere;
iv. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the
Artwork Designs or work or any element thereof or any copyright related thereto that may
affect or impair the rights granted pursuant to this Agreement;
V. Artwork Design and work are free and clear of any liens from any source whatsoever;
Vi. Artist has the full power to enter into and perform this Agreement and to make the grant of
rights contained in this Agreement; and
vii, all services performed hereunder shall be performed in accordance with all applicable laws,
regulations,ordinances,etc., and with all necessary care,skill,and diligence;
5.2 warranties of Quality and Condition
a. Artist represents and warrants that all work will be performed in accordance with professional
"workmanlike" standards and free from defective or inferior materials and workmanship (including
any defects consisting of"inherent vice," or qualities that cause or accelerate deterioration of the
Work) for one year after the date of Final Acceptance.
b. Artist represents and warrants that the work and the materials used are not currently known to be
harmful to public health and safety.
C. If, within one year after Final Acceptance, City observes any breach of warranty described in this
Article 5.2 that is curable by Artist, City shall give written notice to Artist of such breach with
reasonable promptness. Artist shall, at the request of City, cure the breach satisfactorily and
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consistent with professional conservation standards (in accordance with the American Institute of
Conservation (AIC) Code of Ethics and Guidelines for Practice) and/or construction standards,
including, but not limited to, any standards set forth by City, within thirty (30) days after receipt of
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the written notice, at no expense to City.
d. If, within one year after Final Acceptance, City observes any breach of warranty described in this
Article 5.2 that is not curable by Artist, Artist is responsible for reimbursing City for damages,
expenses, and losses incurred by City as a result of the breach. However, if Artist disclosed the risk
of this breach in the proposal and City accepted that it may occur, it shall not be deemed a breach for
purposes of this Article 5.2.
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C. If, after one year from Final Acceptance, City observes any breach of warranty described in this
Article 5.2 that is curable by Artist, City shall give written notice to Artist to make or supervise
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repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall notify City, in writing, 5
within thirty (30) days after receipt of the notice as to whether Artist will make or supervise the U'
repairs or restorations. Should Artist fail to respond within the thirty-day (30) deadline or be F
unwilling to accept reasonable compensation under the industry standard, City may seek the services
of a qualified restorative conservator and maintenance expert.
f. Acceptable Standard of Display. Artist represents and warrants that:
i. General routine cleaning and repair of the work and any associated working parts and/or
equipment will maintain the work within an acceptable standard of public display.
ii. Foreseeable exposure to the elements and general wear and tear will cause the work to
experience only minor repairable damages and will not cause the work to fall below an
acceptable standard of public display.
iii, with general routine cleaning and repair, and within the context of foreseeable exposure to
the elements and general wear and tear, the work will not experience irreparable conditions
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that do not fall within an acceptable standard of public display, including, but not limited to,
mold,rust,fracturing, staining,chipping, tearing,abrading, and/or peeling.
iv. Manufacturer's warranties. To the extent the Work incorporates products covered by a
manufacturer's warranty,Artist shall provide copies of such warranties to City.
g. The foregoing warranties are conditional, and shall be voided by the failure of City to maintain the
Work in accordance with Artist's specifications and the applicable conservation standards. If City
fails to maintain the work in good condition, Artist, in addition to other rights or remedies Artist
may have in equity or at law, shall have the right to disown the work as Artist's creation and request
that all credits be removed from the work and reproductions thereof until the work's condition is
satisfactorily repaired.
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5.3 Survival of Representations and Warranties
The representations and warranties in this Article 5 shall survive the termination or other extinction of this
Agreement.
ARTICLE 6
INSURANCE AND INDEMNITY
6.1 General.
Artist shall carry insurance as set out in Exhibit "F,"which is attached hereto and incorporated herein for all
purposes. Evidence of required insurance shall be submitted to the Contract Manager prior to installation of
the Work on City property. However, if any part of the fabrication process will be conducted on City
property, then Artist shall submit evidence of required insurance to the Contract Manager prior to
performance of that work. Evidence of subsequent renewals of said insurance is required until City has taken
possession of the Work. Except as provided in Section 2.8 hereof, the risk of damage to or loss of the Work
shall,during fabrication and installation but prior to Final Acceptance,shall be solely that of Artist. This risk
shall transfer to City and shall no longer be the responsibility of Artist upon Final Acceptance.
6.2. Performance Bonds.
Artist shall not be required by City to post any perfonnance bonds or similar undertakings.
6.3. Inderntlity_
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 OMIVHSSIONS OF ARTIST AND/OR ARTIST'S SUBARTIST AND CONTRACTORS
AND THEIR RESPECTIVE OFFICERS,AGENTS,EMPLOYEES,DIRECTORS,MEMBERS,
PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS
AGREEMENT.
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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
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favor of City in substantially the same form as above. s
6.4 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.
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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,
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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.
6.5 Survival
All indemnification provisions of this Agreement shall survive the termination or expiration of this
Agreement.
ARTICLE 7
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1. Title.
Title to the work, including, but not limited to, all documents, models, and drawings that constitute or are
components of the Artwork Design and Work shall pass to City upon Final Acceptance and payment for the
Work. These documents, models, and drawings will be retained for archival and exhibition purposes.
Artist's Artwork Design and Work and all other work products under this Agreement shall become the
property of City,without restriction on future use,except as provided below.
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7.2 Copyright Ownershi .
Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of
the Work for the duration of the copyright.
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5.
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7.3 Reproduction Rights.
a. 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 front creating future artworks in Artist's manner and style of artistic
expression.
b. By execution of this Agreement, Artist grants to City an exclusive, perpetual, royalty free,
irrevocable license to graphically depict and publicly display the Artwork Design and work for any
non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or
display of the Artwork Designs and/or the work intended to promote or benefit City, its public
services or its public purposes, regardless of whether or not a fee is charged to the public,or whether
revenue is otherwise received by City, shall be deemed a non-commercial purpose. Notwithstanding
the above limitation,Artist agrees and understands that nothing in this paragraph shall affect or limit
City's absolute, unrestricted rights incidental to City's full ownership of the Work to alter, change,
modify, destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in whole or in
part, the work when City deems it necessary within its discretion, in order to otherwise exercise
City's powers and responsibility in regard to public works and improvements, in furtherance of
City's operations or for any other reason.
C. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the
following form: "0 date,Artist's name."
d. Unless notified otherwise by City, Artist shall use Artist's best efforts in any public showing or
resume use of reproductions to give acknowledgment to City in substantially the following form:
"an original artwork conixnissioned by and in the public art collection of the City of Fort worth,
Texas."
e. Artist may, at Artist's expense, cause to be registered with the United States Register of Copyrights,
a copyright in the work in Artist's name.
f. City is not responsible for any third-party infringement of Artist's copyright and not responsible for
protecting the intellectual property rights of Artist.
ARTICLE 8
ARTIST'S RIGHTS
8.1. Identification.
Contract Manager shall include credit to Artist on the Fort worth Public Art website(www.fwpublicart.org)
and facilitate the design,purchase and installation of a permanent plaque at the site.
8.2. Maintenance.
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City recognizes that maintenance of the work on a regular basis is essential to the integrity of the work.
City shall reasonably assure that the Work is properly maintained and protected, taking into account the
maintenance instructions provided by Artist in accordance with Section 2.5 and Exhibit"C."
8.3. Repairs and Restoration.
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a. City shall have the right to determine when and if repairs and restorations to the work will be made.
During Artist's lifetime and to the extent practicable, City shall give Artist the right to approve all
ma j or repairs and restorations; provided, however, Artist shall not unreasonably withhold approval
for any repair or restoration of the work. Should Artist unreasonably withhold approval of any
intended repair or restoration, City shall have the right to make such repair or restoration. To the
extent practicable, Artist, during Artist's lifetime, shall be given the opportunity to snake or
personally supervise major repairs and restorations and shall be paid a reasonable fee for any such
services, provided that City and Artist shall agree, in writing, prior to commencement of any
4^
significant repairs and restorations, upon Artist's fee for such services. Should Artist fail to agree to
make or supervise the repairs and restorations, City shall have the right to choose another entity or
person to assist with the restoration and/or repairs or make said repairs by City.
b. All repairs and restorations shall be made in accordance with recognized conservation standards (in
accordance with the American Institute of Conservation (AIC) Code of Ethics and Guidelines for
Practice)and/or construction standards,including,but not limited to,any standards set forth by City.
C. City may require Artist to submit professional documents supporting Artist's proposal for repairs and
restorations prior to commencement of repairs or restorations.
d. When emergency repairs are necessary to prevent the loss of or further damage to the work or to
prevent risks to the public, such repairs shall be undertaken or arranged by City without advance
notice to Artist,and such repairs shall not be deemed to constitute artistic alteration.
8.4. Alteration of the work or of the Site.
a. In the event that the work is incorporated into a building, structure or realty, the installation of the
Work may subject it to destruction, distortion, mutilation or other modification by reason of its
removal. If removal of the work would damage either the work or the Site, City shall have the right
to remove the work by any means, including destruction, in performing maintenance, repair,
renovation, or reconstruction of the building, structure or in devoting realty to a new use. City may
give Artist written notice of its intent to take such action under this paragraph.
b. In the event that the work is freestanding, or incorporated into a building, structure or realty such
that it may be removed without damaging or destroying the Work or the building or structure, Artist
may be given written notice and ninety (90) days to remove the work at his or her sole expense.
Agreement for Commission of Public Artwork with Benito Huerta Page 13 of 32
Upon Artist's failure to remove the work, City shall have the right to remove and dispose of the
Work by any means,including its destruction.
C. City agrees that it will not willfully destroy, damage, or modify the work, except as provided in
paragraphs a. and b. above.
d. In the event the work is substantially damaged or altered, City shall no longer represent the work as
that of Artist if Artist gives written notice to City that it is the position of Artist to deny authorship
on the grounds stated in this paragraph.
e. City shall,at all times,have the right to move the Work, or remove it from public display. City shall
also have the right to sell or trade the Work.
8.5. Permanent Record.
City shall maintain on permanent file a record of this Agreement and of the location and disposition of the
Work.
8.5. Artist's Address.
Artist shall notify City of changes in the address set forth in Article 15. 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 of Article 8 that require the express approval of Artist. Notwithstanding this provision,City
shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights.
8.7. Additional Rights and Remedies.
Nothing contained in this Article 8 shall be construed as a limitation on such other rights and remedies
available to Artist under the law, which inay now or in the future be applicable.
ARTICLE 9
ARTIST AS AN 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 respondeat superior has no application as between
City and Artist.
ARTICLE 10
SUBCONTRACTING
Artist may subcontract portions of the services to be provided hereunder at Artist's expense, provided that
said subcontracting shall not adversely affect the design, appearance, or visual quality of the work and shall
be carried out under the personal supervision of Artist. Any subcontract entered into under this Agreement
shall be expressly subject to the applicable terms of this Agreement, including, but not limited to, all
Agreement for Commission of Public Aftwork with Benito Huerta Page 14 of 32
indemnification and release provisions. Artist shall provide information regarding all subcontractors,
including its fabricator, along with a copy of the subcontract between Artist and each subcontractor to the
Contract Manager.
ARTICLE 11
TERMINATION
11.1. 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. In the event this
Agreement is canceled by the City, pursuant to this Article 11.1, City shall be entitled, in addition to any
other rights and remedies, to recover from Artist a sum equal in amount to the cost incurred by Artist in
providing such gratuities.
11.2. Death or 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. In the event of termination under this Article 11.25 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. This provision shall survive the termination or expiration
of this Agreement.
11.3 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 pursuant to the payment
provision in Article 3, and Artist shall continue to provide the City with services requested by City
and in accordance with this 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,designs and the Work up to the effective date of termination.
Agreement for Commission of Public Artwork with Benito Huerta Page 15 of 32
C. If termination is for the convenience of Artist, City shall have the right, in its sole discretion, to pay
Artist pursuant to the payment provision in Article 3 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, then all work product produced by Artist under this
Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs,
models,designs,the work up to the effective date of termination shall become property of City.
11.4. Termination for Cause.
a. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terns 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 11.4
in accordance with the dispute resolution process set forth in Article 12 of this Agreement. If the
Parties cannot resolve the disputes), 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 Article 11.4 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.
b. If City terminates this Agreement pursuant to this Article 11.4, then City shall have the right to
complete the Work in accordance with the Artwork Design, which shall be in addition to any and all
other rights and remedies available to City at law or in equity. If City exercises its right to complete
the work, then,notwithstanding anything to the contrary:
(1) title to the Artwork Design, work, and all other work product under this Agreement and
any prior agreement for the Work, including, but not limited to, all documents, models, and
drawings that constitute or are components of the Artwork Design and work, shall pass to
City and become the property of City, without restriction on future use, immediately upon
the City's exercise of its right to complete the work;
(2) Artist shall forfeit any and all rights to the Artwork Design, work, and all other work
product under this Agreement and/or any prior agreement for the work, including, but not
limited to,those stated under Ailicles 7(Ownership and Intellectual Property) and 8 (Artist's
Rights) of this Agreement;
(3) Artist automatically sells, assigns, and transfers to City, the entire right,title, and interest
in and to the Artwork Design,work, and all other work product under this Agreement or any
prior agreement for the work that the Artist has under the Copyright Act of 1975, 17 U.S.C.
SS 101.et. seq., and all the rights and privileges appertaining thereto, including, without
limitation, the exclusive right to reproduce, prepare derivative works based upon, distribute
Agreement for Commission of Public Artwork with Benito Huerta Page 16 of 32
S
4
copies to the public as well as display said Artwork Design and Work, the same to be held
and employed by City for City's own benefit and use and for the benefit and use of City's
successors,assigns,and legal representatives forever;
(4) Artist shall have no copyright or other property interest in the Artwork Design, work,
and any other work product under this Agreement and any prior agreement for the work;
and
(5) Artist, pursuant to this Article 11.4, hereby acknowledges the rights of attribution and
integrity conferred by Section 106A(a) of Title 17 of the U.S. Code, (as amended or as it
may be amended in the future) Titled "Visual Artists Rights Act,"and any other right of the
same nature granted by U.S. federal, state, or foreign laws, and of his/her own free act
hereby waives such rights with respect to any and all uses of the Artwork Design,work, and
all other work product under this Agreement and/or any prior agreement as a public artwork.
Nothing in this Article 11.4 shall affect the survival of Articles 5 (warranties), 6 (Insurance
and Indemnity), and 9 (Artist as an Independent Contractor) of this Agreement, which shall
remain in full force and effect upon termination of this Agreement.
ARTICLE 12
DISPUTE RESOLUTION
a. 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 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.
b. 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 shall submit the matter to 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
Agreement for Commission of Public Artwork with Benito Huerta Page 17 of 32
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 shall have the right to exercise
any and all remedies available under law regarding the dispute. (See Article 11.4)
ARTICLE 13
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.
ARTICLE 14
MISCELLANEOUS
14.1. Compliance.
Artist shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the
performance of Artist services under this Agreement.
14.2. Entire Ageement.
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 sub j ect matter hereof that are not
merged herein and superseded hereby.
14.3. 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.
14.4. waiver.
No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent
default of any terns, 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 perfonnance.
14.5. 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
Agreement for Commission of Public Artwork with Benito Huerta Page 18 of 32
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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.
i
14.6. Successors and Assi ns.
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 its respective successors and permitted assigns.
5'
14.7. 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.
14. ' ' :
8 Severabilit
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.
F%.
14.9. Contract Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this
Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved
against the drafting party must not be employed in the interpretation of this Agreement or any amendments
4$
5
or exhibits hereto.
14.10. Fiscal Funding.
If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to
4'
5:
appropriate funds sufficient for City to fulfill its obligations under this Agreement, 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.
14.11. Captions,
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part
of this Agreement.
14.12. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
14.13. Surviving Covenants. 4
The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of
Artist
14.14. Rijaht to Audit.
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5
Agreement for Commission of Public Artwork with Benito Huerta Page 19 of 32
Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the
Conceptual Design (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 Tenn of this
Agreement and for three (3) years thereafter, Artist shall make all Records available to City on 1 000
Throckinorton Street, Fort worth, Texas or at another location in City acceptable to both parties following
reasonable advance notice by City and shall otherwise cooperate fully with City during any audit.
Notwithstanding anything to the contrary herein, this Article 14.14 shall survive expiration or earlier
termination of this Agreement.
14.15. 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.
14.16 Survival Provision
The provisions contained in Articles 5 (warranties), 6 (Indemnity Provisions), and 9 (Artist as Independent
Contractor)shall survive the termination or expiration of this Agreement.
14.17 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.
14.18 Time Extensions
The Parties may agree,in writing, to extend or modify any of the time deadlines set forth in this Agreement.
ARTICLE 15
NOTICES
All notices,requests, demands, and other communications which are required or pennitted to be given under
this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt
thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt
requested,postage prepaid,as follows:
1. CITY OF FORT WORTH: Assistant City Manager
City Manager's Office
City of Fort worth
1000 Throckinorton Street,Third Floor
Fort worth,Texas 76102
Copies to: City Attorney
Office of the City Attorney
City of Fort worth
1000 Throckinorton Street,Third Floor
Agreement for Commission of Public Artwork with Benito Huerta Page 20 of 32
Fort Worth,Texas 76102
Martha Peters,Vice President,public Art
Arts Council of Fort Worth&Tarrant County
1300 Oendy Street
Fort Worth,Texas 76107
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2. ARTIST Benito Huerta
1128 West Park Row Drive
Arlington,Texas 76013
IN WITNESS HEREOF, the Parties hereto have executed this Agreement to be effective as of the
Effective bate.
CITY OF FORT WORTH B FNIT0 H UER'I'A
by:
Fernando Costa
Assistant City Manager F
q .
Date: Date.
Iq
APPROVED AS TO FORM
AND LEGALITY:
Tyler F.Wallach
Assistant,City Attorney
ATTESTED BY:
Lary J.Kayser
City Secretary
Contract Authorization:
M&C—No M&C Required
Agreement for Commission of Public Artwork with Benito Huerta Page 21 of 32
.4°
Fort Worth,Texas 76102
Martha Peters,Vice President, Public Art
Arts Council of Fort Worth&Tarrant County
1300 Gendy Street
Fort Worth,Texas 76107
2. ARTIST Benito Huerta
112 8 West Park Row Drive
Arlington,Texas 760.13
IN WITNESS, HEREOF the Parties, hereto have executed this Agreement to be effective as of the
Effective Date.
CITY OF FORT WORTH BEMIT O HUERTA
LHwy. 000� 4OV,-O*—
Fernando Costa
Assistant City Manager
Date-
Date.-
APPROVED AS TO FORM
AND LEGALI ry:
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Tyler a
Assist�nt ity Attorney
ATTESTED BY.- mm
00000
Mao
01A
nary" J. Kayser 0 0
City Secretary e 000()()00()0
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Contract Authorization:
M&C—No M&C Required
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Agreement foi-Commission of Public Artwork with Benito Huerta Page 21 of 32
Exhibit A: Artwork Design
Chisholm Trail Markers
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1. Marker Design
(Corten Steel with Stainless Plaque)
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tht rteelaa zsre[K iariralr lerd9xr.e*s a e€'fre:t:srslx' Wit retd.a•ret.
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of Tmi,Niter 6a swim wt frrArgkl liANe"it kq the r— l� 1373.hie#M It dtartl dE'[I:mit'd t0.wil(f.ya
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y �� frame FI<rkr teas?[F�irss.b:�?�#<s rt!llain#ss�C C#Tht Fir @- ; �;. - _'• a
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Since the parks are aligned with the famous Chisholm Trail, the idea was to provide some historical
context for the landscape in broad terms. The actual design of the historical markers correlates to
the signage that the landscape architects are using throughout the parks so it has a familiar look.
There are fire(5)historical Makers to be fabricated and installed in the Marine Creek Park
Corridor.
Agreement for Commission of Public Artwork with Benito Huerta Page 22 of 32
Exhibit A: Artwork Design (cont'd)
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Concrete Design Impressiolls
rand ing
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Since there will be new concrete walkways poured throughout the parks, the idea here was to have
some humor sprinkled on the walkways by having cow hoof prints stamped into the wet concrete
achieved through a metal brand. People might playfully imagine that cows had actually walked
across the walkway as part of a cattle drive north.
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Fencing Designs
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The landscape architects are utilizing part of Marine Creek Linear Park as wetlands and creating an
educational component to the wetlands. In keeping with that idea, there will be new fencing along
the hike and bike trail that will go under the Long street bridge. At both ends of the regular metal
fencing, there will be two panels will each have sillouettes of an indigenous birds--a red shouldered
hawk and a belted kingfisher. Thus, the enhanced fencing design will work well with the wetlands
educational component.
There will be three fencing locations that will receive two enhanced fencing panels each, totaling 6
bird-themed fencing panels.
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Agreement for Commission of Public Artwork with Benito Huerta Page 23 of 32
Exhibit B: The Site
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Agreement for Commission of Public Artwork with Benito Huerta Page 24 of 32
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Exhibit C: Technical and Maintenance Record
GENERAL INFORMATION
Artist:
s
Address:
Telephone:
Cell:
E-mail:
Gallery Affiliation:
Other Representation:
ARTWORK
5`
Title of Artwork:
Project Name and Location Address:
FwPA Project Manager:
Description of Artwork: (attach separately if necessary):
5>'
Artwork Dimensions:
Height: width: Depth:
Pedestal or Pad Material: _
Pedestal or Pad Dimensions:
Height: width: Depth:
Location& Description of Signature Markings (or copyright):
Agreement for Commission of Public Artwork with Benito Huerta Page 25 of 32
Edition Information if applicable:
Date of Execution:
Place of Execution:
Collaborating Artist:
Fabricator(if other than artist)
Fabricator Address:
Methods/Materials Used in Execution of Artwork
Materials (list type, brand name and manufacturer of all materials; attach Material Safety&
Technical Data. Include contact names for all suppliers and attach warranty information):
Construction Description: (list all fabricators and any architects, engineers or other technicians
involved in the creation and installation of this artwork. Attach all warranties &agreements)
Material(s) Specifications:
Joining Methods:
Welding Rod Alloy or Joint Material&Application Method:
Agreement for Commission of Public Artwork with Benito Huerta Page 26 of 32
b 6
Casting Alloy, wax Body, Glass or Fiber Type:
Finishes &Coatings (paint color and type, glaze, patina, any and all coatings including fixative,
UV, graffiti, etc. Please list vendors and contact information and provide all product information):
Pedestals, Foundations &Footings, Mounting and Attachment Applications
(List all materials used to install artwork on site. Include vendor information, parts numbers,
warranties and agreements.)
Integrated Components
(List all components included in design and fabrication contracts that function as a part of the final
installation including but not limited to: lighting, media, landscaping, etc. Include all vendor
information,parts numbers, warranties and agreements and any/all design schematics):
Installation
Installation Date:
Installation Method: (describe installation method, provide photo documentation if available. List
name and contact information of installation crew. Attach any diagrams or disassembly
instructions.)
Agreement for Commission of Public Artwork with Benito Huerta Page 27 of 32
Recommended Routine Maintenance
Artist recommendation based on experience and consultation with conservation expert
Artist's Conservation Consultant
Name:
Address:
Phone:
(Please attach Conservator's Long Term Maintenance Recommendations)
Unusual or Special Circumstances of Note
Artist's Intention
(Please describe your view of how the artwork will change over time and in response to
environmental conditions. Artist's vision of how the artwork will look in the future assists FwPA
in realizing an appropriate conservation action plan. In addition to environmental conditions public
artworks are often affected by public handling, landscaping and site changes. Please clearly detail
your expectations for this artwork. Please address issues related to the life expectancy of this
artwork.)
Agreement for Commission of Public Artwork with Benito Huerta Page 28 of 32
d
Exhibit D: Affidavit
AFFIDAVIT of BILLS PAID
Date:
Affiant:
Purchaser:
Property:
Affiant on oath swears that the following statement is true:
Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and
materials provided to Affiant for the construction of any and all improvements on the property.
Affiant is not indebted to any person, firm, or corporation by reason of any such construction.
There are no claims pending for personal injury and/or property damages.
Affiant:
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SUBSCRIBED AND SWORN To before me, the undersigned authority, on this the
Day of , 20
Notary Public, State of Texas
Print Name
Commission Expires
Agreement for Commission of Public Artwork with Benito Huerta Page 29 of 32
Exhibit E: Sales Tax Exemption
Tr-x2%..s..(.'EwrJF1CATE OF,EXEMPTION
lul an CNCmpfic'll fion)J)'a-micul ofsales I-Mid use ta-xcN to,the purcfiaw olHavible 11vin,,desvribcd
11clow or tit)the atladied order cir im-oice
-..........%::;....... ......-',-:% e - ... "I I :--, %..................
M-wription or it�ivis(or an attaciied order or lnvoicv)To tic Purchased:
...............%............
I Claim Illis exemptiot)fiat Ilic follo-Aing roasi-')w
Namc ol'Exe-nipt Organization: CITY OF FORT WOWFH,*VEXAS
`I'EX-AS SALES AND USE TAX PE-RN11T NUMBER 1-75-6000528-6
Project k r which miAterials andsupplie-s are purchased:
I undim;tand that I will bt-liable for pa�onent of sales tax,which inav beckluic doe for failure to e0inply
will)tile ptovision's ol'thc state,city,an&'or intirvi-q4ilan transit a4.ority sales aml trig laws and
comptroller rules regarding exempt purchase-s. Liability for Ww tax%kill be d►w"lincif by the price paid
K"ITthe taxable items pure hasc-d tv the fair market rcmal%-Ohre f(jr ffie perit (fl'jilil •
ibat It is a mis&mcanor to give an exemption certificate to the seller fOr twxable itQuis whIcb
I Wow,at[tic ti 171C of 111C purcha-W.,Nvi I I bc uscd in a mmuier Mier than that vxpctis-Cd is this Cetti finale
and,upcni c-onviction,may lie firied up to$500 per viTcm,
Tax-L,�e
—zpj4.'-St:pXus Due to BcijlgA Ge j r rrttttental t rantv
l'urChaNC)" CITY OF FORT NVORT11,TEXAS
Street Addrctss. 1000 I'll ROCKMORTON STREET
('11Y.State,Zill C(Kic:FOR'14 NVORTILTEXAS 76102
Slpi Herc- l itc:
6.
true I 1 ?009 1'1 8 ?-;1P-Si 1
...............
ri it
�-Crtijlcalc doc"fitit rcqLih-v J IM11111VT \afid. Sales and u tax--mmi
plion nunit►vrs"vr..t-t\
ex-ellipt"numbef-,do not exist
`ri i.s cc)i ii cat i.��lloul d be tlurn i ed tk t h v tj ji tn,Doi i it t-t wii tl thy c7i im p vt ed ceil i fi L:a i c u i C
Comptrkilivr i)IT01k:A-ccounis-
Agreement for Commission of Public Artwork with Benito Huct-ta Page 30 of 32
Exhibit F: Insurance Requirements
PUBLIC ART PROJECTS-INSURANCE REQUIREMENTS
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Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication, r
transportation, and/or installation of the work, then Artist shall also require his/her subcontractor(s) to abide 5
by all of the following insurance requirements.
Commercial General Liability(CGL)
$1,000,000 Each occurrence
$2,00051000 Aggregate limit
Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, z
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) s
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
$1,0001000 Each accident
or
$250,000 Bodily Injury per person
$5005000 Bodily Injury per occurrence
$1 00,000 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
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Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$1 00,000 Disease--per each employee
$5005000 Bodily Injury/Disease w 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 for Commission of Public Artwork with Benito Huerta Page 31 of 32
5
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.
Waiver of rights of recovery(subrogation)in favor of City of Fort worth.
The insurers for all policies must be licensed/approved to do business in the State of Texas. All insurers
must have a minimum rating of A- VII in the current A. M. Best Ivey 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 for Commission of Public Artwork with Benito Huerta Page 32 of 32