HomeMy WebLinkAboutContract 48140 CITY
CONTRACTSFCRi�� Y NO,
G GS �R AGREEMENT BETWEEN THE CITY OF FORT WORTH
AAND JILL BEDGOOD FOR REVISED CONCEPTUAL DESIGN PROPOSAL,
FINAL DESIGN AND COMMISSION OF PUBLIC ART FOR CHISHOLM TRAIL PARK
This Agreement is entered into this Lday of , 2016, by and between the City of
Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through its duly
authorized Assistant City Manager, Jill Bedgood, an individual, residing at 934 West Agarita Avenue, San
Antonio,TX 78201.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,the City has constructed Phase 1 of Chisholm Trail Park,located at 4680 McPherson
Boulevard,Fort Worth,Texas, 76123,in Council District 6;
WHEREAS, funding for this project was included in the Public Art Plan for the 2014 Bond
Program, adopted by the Fort Worth City Council on October 21, 2014, (M&C G-18339) and the project is
listed in the Fort Worth Public Art Fiscal Year 2016 Annual Work Plan, adopted by the Fort Worth City
Council on October 27, 2015, (M&C C-27515) as part of the City's agreement with Contract Manager for
administration of the public art program;
WHEREAS, on January 21, 2016,the City entered into a Summer Creek Master Plan contract with
the Artist(City Secretary Contract No.47445)which included developing a Conceptual Design Proposal for
an artwork in Chisholm Trail Park;
WHEREAS, on March 7, 2016, the Fort Worth Art Commission (FWAC) approved the Artist's
Conceptual Design Proposal, and recommended that Artist be retained to develop a Final Design based upon
the Conceptual Design Proposal,for public artwork to be incorporated into the Site,and,upon City approval,
fabricate,deliver,and install the Work at the Site;
WHEREAS, the Conceptual Design Proposal will be changed as part of the Revised Conceptual
Design Proposal to reflect requests by stakeholders received after FWAC approval of the Conceptual Design
Proposal that the Work focus on nature themes and not involve Crowley ISD students in the fabrication of
the Work;
WHEREAS, on June 21, 2016, the City Council authorized a Final Design and Commission
Agreement with the Artist (M&C G-18755), which also included suggested revisions to the Conceptual
Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Deem OFFICIAL REC
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15/16 CITY ORD 1 of 39
Y SECRETARY
FT. WORTH, TX
{ 1
Design Proposal;
WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall
be designed, fabricated, delivered, and installed 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 and Artist for Final
Design and Commission of public artwork for the Site.
1.2. Artist—Means and includes Jill Bedgood.
1.3. Artwork Design — Means and includes both the Design Proposal and Final Design of the
Work,which are defined in 1.3.a. and 1.3.b.below.
1.3.a. Conceptual Design Proposal — Means all preliminary drawings, sketches,
prototypes, maquettes, models, narrative descriptions, budget estimates, and the like that
were created by Artist in connection with the Summer Creek Master Plan Contract,
depictions of which are attached hereto as Exhibit "A" and incorporated herein for all
purposes.
1.3.b. Revised Conceptual Design Proposal—Means all preliminary drawings, sketches,
prototypes, maquettes,models,narrative descriptions,budget estimates, and the like that will
be created by Artist in connection with this Agreement, responding to requests by
stakeholders received after FWAC approval of the Conceptual Design Proposal that the
Work focus on nature themes and not involve Crowley ISD students in the fabrication of the
Work.
1.3.c. Final Design — Means the Artist's final, proposed design of the Work for the Site,
which is based upon the City-approved Design Proposal and includes, but is not limited to,
all final drawings, sketches, prototypes, maquettes, models, and the like that may be created
by Artist in connection with this Agreement, or the like that are related, directly or
indirectly, to the Work and shall include Artist's specifications for fabrication and
installation of the Work.
1.4. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant
County,Inc.,and/or its officers,directors, or employees.
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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. Execution Phase—Means and includes fabrication, delivery, and installation of the Work.
1.8. Final Acceptance - 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.
1.9. Final Design Deliverables —Means and includes those items set forth in Article 2.5 of this
Agreement that are required for City's review and approval.
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 Stakeholders — Means and includes the appropriate City Council Member(s), and
their appointed community representatives and the Fort Worth Art Commission's appointed representative
and others as may be appropriate.
1.13 Revised Conceptual Design Deliverables - Means and includes those items set forth in
Article 2.4 of this Agreement that are required for City's review and approval.
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.
1.15. Site — Means and includes the new Chisholm Trail Park to be located at 4680 McPherson
Blvd., 76123,just off of Summer Creek Drive and adjacent to the new Chisholm Trail Recreation Center in
Council District 6, which is more particularly described in Exhibit `B," attached hereto and incorporated
herein by reference for all purposes.
1.16. Work— Means and includes the finished object(s) of an 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
REVISED CONCEPTUAL DESIGN PROPOSAL
2.1. Artist Selection.
City and Artist acknowledge that Artist's Conceptual Design Proposal was reviewed and approved by the
FWAC on March 7,2016, and is the basis for executing this Agreement with Artist.
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2.2. Scope of Services.
a. The Artist shall determine the artistic expression, scope, design, color, size, material, and texture
of the Revised Conceptual Design Proposal, subject to review and acceptance by City as set forth
in this Agreement.
b. The Artist shall perform all services and will furnish all supplies and materials as necessary for
developing a Revised Conceptual Design Proposal for Work for the Site that addresses concerns
from community stakeholders that were raised after the original Conceptual Design Proposal was
approved by the FWAC. Services shall be performed in a professional manner and in strict
compliance with all terms and conditions in this Agreement.
c. The Artist shall meet and coordinate with the City's Park and Recreation Department and others
as necessary to determine specific educational content for interpretation of the natural attributes
of the Site and to research the feasibility of the design and to ensure proper integration of Work
into the Site.
d. The Artist shall provide preliminary written maintenance recommendations for the Work.
e. The Artist shall present the Revised Conceptual Design Proposal to the City Council Member
representing District 6 and City staff for input and to the FWAC for review and approval at dates
and times mutually agreed upon.
f. The Artist shall make a minimum of one(1)trip to Fort Worth for meetings and presentations as
indicated above. Additional trips if required per Scope of Services 2.2 may be negotiated and
agreed upon in writing by City and Artist.
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. Revised Design Proposal Deliverables.
a. Within two (2) 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 Section 2.4.a.i.—ix. to the City for
approval. Revised Conceptual Design Proposal shall consist of the following:
i. Written narrative describing the Revised Conceptual Design Proposal for the Chisholm Trail
Park;
ii. Design illustrations of the Work in the proposed location(s) in the Chisholm Trail Park;
illustrations in a high resolution digital format, such as JPEG or TIF files;
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iii. Written listing of proposed materials,fabrication and installation methods, including whether the
Work will be executed by the Artist and/or the Artist's Subcontractor;
iv. Written proposed fabrication and installation schedule;
V. Written proposed maintenance requirements for all elements of the Work;
vi. Written proposed public education program to be conducted by Artist during the commission
phase of the project;
vii. Drawings, sketches,photographs and/or other documents and/or maquettes as are required by the
Artist to describe the conceptual and visual character,and appearance of the Work(s);
viii. Drawing in plan, section or elevation as needed by Contract Manager that locates the artist's
concept(s)in the designated Site(s);and
ix. Written proposed budget assessment for$76.000.00 for Revised Conceptual Design Proposal,
Final Design and Implementation,including engineering and consulting,materials, labor,
fabrication,delivery, installation, insurance,transportation,travel, $2,600.00 contingency for
cost increases and all associated costs for the Work, as well as an Artist's fee of$19,000.00.
b. Upon completion of the Revised Conceptual Design Deliverables, Section 2.4.a.i.-ix., Artist shall
present the Revised Conceptual Design Proposal to the FWAC for review and input at a regularly scheduled
meeting.
C. Artist shall meet with City officials and Project Stakeholders, as appropriate, to present the Revised
Conceptual Design Proposal,at a date and time mutually agreed upon, for input.
d. After a community input period, Artist shall present the Revised Conceptual Design Proposal to the
FWAC for approval at a regularly scheduled meeting.
e. Upon approval, Artist shall provide the Revised Conceptual Design Proposal presentation materials
to the Contract Manager to become part of the City of Fort Worth's Public Art archive.
2.5. Revised Conceptual Design Proposal,Final Design and Implementation Budget Total.
Artist shall develop a Revised Conceptual Design Proposal for Chisholm Trail Park that is financially
feasible relative to the budget for Final Design and Implementation. It is understood that the budget for
Revised Conceptual Design Proposal, Final Design and Implementation of the Revised Conceptual Design
Proposal is SEVENTY-SIX THOUSAND DOLLARS AND NO CENTS ($76,000.00) including engineering
and consulting, materials, labor, fabrication, delivery, installation, insurance,transportation,travel, $2,600.00
contingency for cost increases and all associated costs for the Work, as well as an Artist's fee of$19,000.00.
Artist shall provide a detailed budget, on the budget form attached hereto as Exhibit-C,- for final design and
implementation of the Work through the Artwork Commission Contract phase of this Agreement with the
City.
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2.6. Revised Conceptual Design Proposal Review.
a. The City may require the Artist to make such revisions to the Revised Conceptual Design Proposal
as are necessary for the Work to comply with applicable statutes, ordinances or regulations of any
governmental regulatory agency having Jurisdiction over the Final Design Site for reasons of safety and
security.
b. The City may also request revisions to the Revised Conceptual Design Proposal at its sole discretion.
C. Within thirty (30) days of its receipt of the Artist' submission of the Revised Conceptual Design
Proposal, the City shall notify the Artist of its approval, or disapproval, of such submission and of each
revision made in the Revised Conceptual Design Proposal. Revisions made pursuant to this Section 2.6,
upon approval by the City,shall become part of the Revised Conceptual Design Proposal.
d. If the Revised Conceptual Design Proposal or any required revision is disapproved by the City, the
Artist shall have a reasonable amount of time to resubmit the Revised Conceptual Design in conformance
with the City's requirement.
e. If resubmitted materials are not approved by the City, this Agreement may be terminated at the City's
option,with payment for work performed per the payment schedule in Article 4.
f. If Artist is not in agreement with the revisions requested by City, the Public Art Program Director
will mediate discussions to arrive at a consensus among all parties. In the event that consensus cannot be
reached,Artist may terminate the Agreement per Article 11.4.
g. If the Revised Conceptual Design Proposal is accepted by the City Artist will continue into the Final
Design phase of this Agreement.
2.7. Additional Services.
a. City may request that Artist provide services in addition to the services set forth in Sections 2.1 through
2.6 above, or to revise portions of the design services completed by Artist and accepted by City under
this Agreement. City shall make such requests in writing. Such additional services shall only be
performed after execution of a written amendment to this Agreement which includes, at a minimum, a
description of the additional services and scope of work, compensation and payment schedule, and
schedule for the delivery and completion of services.
b. City and Artist will mutually agree to compensation, payment schedule, schedule for the delivery and
completion of services.
c. Artist reserves the right to decline to provide the additional services.
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ARTICLE 3
SCOPE OF SERVICES AND DELIVERABLES
FINAL DESIGN AND EXECUTION OF THE WORK
3.1. Final Desijzn Deliverables.
a. Within three (3) months after the Revised Conceptual Design Proposal is approved by the FWAC ,
Artist shall provide services and all supplies, materials, and equipment necessary to provide certain
deliverables, as set forth in this Article 3.1 to City for approval. Final Design Deliverables shall
consist of the following:
(1) Detailed, design illustrations of the Work for the Site, 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.
(2) A final written narrative of the Work, describing the following: (1)the Final Design concept
and timeline for completion; (2)proposed materials, fabrication, and installation methods for
all elements of the Work, including information regarding Artist's subcontractor(s), if any,
for the Work; (3) maintenance requirements for all elements of the Work as dictated by
Artist,along with cost estimates for annual maintenance;
(3) A detailed budget, on the budget form attached hereto as Exhibit "C," for Design and
Implementation (revised preliminary design, final design, fabrication and installation) of the
Work in an amount not to exceed SEVENTY-SIX THOUSAND DOLLARS AND NO
CENTS ($76,000.00) which includes all costs for engineering and consulting, materials,
labor, fabrication, delivery, installation, insurance, transportation, travel, $2,600.00
contingency for cost increases and all associated costs for the Work, as well as an Artist's
fee of$19,000.00 and all other associated costs for the Work.
(4) Comprehensive working drawings,detailing the means of installing all elements of the Work
on the Site, together with other such graphic material to permit City to carry out structural
design review. Professional Liability Insurance is required in all circumstances for on-site
artwork requiring engineering and/or architectural services. City will conduct a review of
structural design and other related graphic material prior to installation of the Work. Upon
City's request, drawings must be signed and stamped by an engineer and/or architect
licensed to work in the State of Texas. Artist will provide the Contract Manager a certificate
of insurance for each licensed professional and provide City with a thirty (30) calendar day
notice of cancellation of any policy required hereunder.
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3.1. Final Design Review.
a. Upon full completion of the Final Design Deliverables, Artist shall present the Final Design to the
FWAC for review and input at a regularly scheduled FWAC meeting.
b. After presenting to the FWAC for initial input, Artist shall meet with the designated Project
Stakeholders, City staff, and other City boards or commissions, as appropriate, to present the Final
Design,at a date and time mutually agreed upon, for input.
C. Artist shall then present the Final Design to the FWAC for approval at a regularly scheduled FWAC
meeting.
d. City shall notify Artist of its approval, or disapproval, of the Final Design, either in whole or in part,
within thirty(30)calendar days of Artist's presentation to the FWAC.
e. If City disapproves of the Final Design, either in whole or in part, then City shall inform Artist of
each revision to be made to the Final Design. City may require Artist to make such revisions to the
Final 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.
f. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to
present the revised Final Design in conformance with City's requirements.
g. If City disapproves of the resubmitted Final Design, any further Final 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 4 up through the
date of termination.
h. If Artist's Final Design is approved by City, then Artist's Final Design shall be incorporated into this
Agreement as an addendum, and shall become the basis for proceeding to the Execution Phase of this
Agreement.
i. Upon City's approval of the Final Design, Artist shall provide the Final Design presentation
materials to the Contract Manager to become part of the City of Fort Worth Public Art archive
owned by City. These documents, models, and/or drawings will be retained for archival and
exhibition purposes. Artist's Final Design and all other work product under this Agreement shall
become the property of City,without restriction on future use(see Article 7).
3.3. Execution of the Work.
a. If City approves Artist's Final Design and authorizes Artist to proceed to the Execution Phase of this
Project, then Artist shall furnish to the Contract Manager a written Schedule within three (3) weeks
after such authorization by the Parties. After written approval of the Schedule by City, Artist shall
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fabricate, deliver, and 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 3.3 within thirty (30)calendar days after receipt of the written request.
C. Artist shall complete the fabrication of the Work in accordance with the City-approved Final 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 deternune whether the changes are significant and whether the changes conform to
the City-approved Final Design. If the Contract Manager, in its sole discretion, determines that the
changes are significant and do not conform with the City-approved Final Design, then the Contract
Manager shall, in light of the Final Design, determine whether a significant change requires City
approval. If the Contract Manager determines that the significant change(s) 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.
3.4. Delivery and Installation.
a. Labor associated with preparing the Site to receive the Work including footings for the Work shall
be performed by Artist or her subcontractors, and shall be done in accordance with the specifications
jointly agreed to by Artist and the City.
b. Artist shall notify City, through its Contract Manager, in writing, when fabrication of the Work is
completed and ready for delivery and installation at the Site.
C. Artist is responsible for installing all elements of the Work. Artist shall coordinate the installation of
the Work with City and Contract Manager to ensure proper installation with the Schedule. Delivery
and installation activities may not commence until written permission is delivered to Artist by the
City.
d. Should Artist complete the Work in advance of the completion of the Site, Artist shall store the
Work at no expense to City until such a time as both are completed and the Contract Manager
notifies Artist that installation may commence.
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+ a
e. Artist shall be responsible for all costs associated with the materials, fabrication, and installation of
the Work, including,but not limited to,footing, equipment rentals,transportation, and labor.
f. Artist is responsible for obtaining and paying for all necessary permits through a City-approved
contractor as necessary.
g. Artist, individually and through its subcontractors, including its fabricator, 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 its own expense,
shall have thirty (30) calendar 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)calendar 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.
h. Upon City's request, prior to installation of the Work, Artist shall consult with a qualified art
conservator and provide to the Contract Manager written instructions for appropriate maintenance
and preservation of the Work on the form attached hereto as Exhibit "D" (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. [NOTE: The written instructions provided during
the final design phase of this project may fzulfull all or part of this requirement to the extent that such
instructions represent the final Technical and Maintenance Record].
3.5. Post-installation.
a. Within thirty (30) calendar days after the installation of the Work, Artist shall furnish Contract
Manager with a set of at least ten (10) high-resolution digital images (.tiff format) and ten (10) low-
resolution digital images (.jpeg format) showing the Work from multiple vantage points as selected
by Contract Manager,, to document the Work after the Work is installed.
b. Artist shall make his/her best efforts to be available at such time or times as may be agreed between
City and Artist 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.
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3.6. 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 "E" (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 thirty-fifth(35`x) calendar day after Artist has sent the written notice to
City required under this Article 3.6 unless City, upon receipt of such notice and prior to the
expiration of the thirty-five (35) calendar day period, gives Artist written notice specifying and
describing anything that has not been completed pursuant to this Agreement.
3.7. 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 or its agents 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.
ARTICLE 4
_COMPENSATION AND PAYMENT SCHEDULE
4.1. Compensation.
Total compensation to Artist under the Agreement shall be an amount up to SEVENTY-SIX THOUSAND
DOLLARS AND NO CENTS ($76,000.00), which shall constitute full compensation for any and all costs
associated with this Agreement, including, but not limited to, engineering and consulting fees, Artist's fee,
insurance, storage costs, all travel expenses and services performed and materials furnished by Artist under
this Agreement, and any contingencies. Artist and City may amend this Agreement to allow for additional
payment if additional services are required.
4.2. Pavment 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.
(1) FOUR THOUSAND, FIVE DOLLARS AND NO CENTS ($4,500.00) upon execution of
this Agreement.
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Be
(2) FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) within thirty (30) days after
Artist submits the Revised Conceptual Design Proposal Deliverables, as required in Article
2.4. of this Agreement, and the Revised Conceptual Design Proposal is approved by the
City.
(3) FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) within thirty(30) days
after Artist submits the Final Design Deliverables, as required in Article 3.1. of this
Agreement,and the Final Design is approved by the FWAC.
(4) FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00) upon the Contract
Manager's verification that fabrication of the Work is 25%complete.
(5) TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon the Contract
Manager's verification that fabrication of the Work is 50%complete.
(6) SIXTEEN THOUSAND DOLLARS AND NO CENTS ($16,000.00) upon the Contract
Manager's verification that the Work is complete and ready to install.
(7) FIVE THOUSAND DOLLARS AND NO CENTS($5,000.00)upon the Contract Manager's
verification that installation of the Work is complete.
(8) TWO THOUSAND, NINE HUNDRED DOLLARS AND NO CENTS ($2.900.00) within
thirty-five (35) calendar days after Final Acceptance and receipt by City of such
documentation it may require concerning payment of supplies and services rendered to
Artist.
(9) City may pay Artist contingency funds in an amount up to TWO THOUSAND, SIX
HUNDRED DOLLARS AND NO CENTS ($2,600.00) for costs associated with the Work
that,are incurred by the Artist due to unforeseen changes in fabrication or installation costs.
Such payment will be made upon (i) receipt of supporting documentation by the Contract
Manager from the Artist and(ii)approval by the Contract Manager of the additional costs.
4.3. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon
the Project. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the same
form as that attached hereto as Exhibit"F"for use by Artist in the fulfillment of this Agreement.
4.4. 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 on submissions to
City and/or Contract Manager, insurance,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, and any
contingencies.
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ARTICLE 5
WARRANTIES
5.1. Warranties of Title and Copyright
a. Artist represents and warrants that:
(1) the Artwork Design and/or Work shall be the original product of Artist's sole creative
efforts;
(2) the 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;
(3) Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the
Artwork Design and/or Work or any element thereof or any copyright related thereto that
may affect or impair the rights granted pursuant to this Agreement;
(4) the Artwork Design and/or Work (or duplicate thereof) has not been accepted for sale
elsewhere;
(5) the Artwork Design and/or Work is free and clear of any liens from any source whatsoever;
(6) Artist has the full power to enter into and perform this Agreement and to make the grant of
rights contained in this Agreement; and
(7) 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(1)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(1)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
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) calendar days after
receipt of the written notice,at no expense to City.
d. If,within one(1)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
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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.
e. If, after one (1) year from Final Acceptance, City observes any breach of warranty described in this
Section 5.2 that is curable by Artist, City shall give written notice to Artist to make or supervise
repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall notify City, in writing,
within thirty(30) calendar days after receipt of the notice as to whether Artist will make or supervise
the repairs or restorations. Should Artist fail to respond within the thirty (30) calendar day deadline
or be 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:
(1) 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.
(2) 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.
(3) 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
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.
(4) 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.
ARTICLE 6
INSURANCE AND INDEMNITY
6.1. General.
Artist shall carry insurance as set forth in Exhibit"G," 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
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possession of the Work. Except as provided in Article 3.7 hereof,the risk of damage to or loss of the Work,
during fabrication and installation but prior to Final Acceptance, shall be solely that of Artist. The 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 performance bonds or similar undertakings.
6.3. 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 THE ACTS, ERRORS,
OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS, CONTRACTORS AND
SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES,
DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION
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.
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.
City specifically does not authorize,permit, or condone the reproduction or use of copyrighted materials by
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v e.
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 7
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1. Title.
Title to the Work, including,but not limited to, all documents,models and/or drawings that constitute or are
components of the Work and/or the Artwork Design, shall pass to City upon Final Acceptance and payment
for the Work or pursuant to the applicable termination provision of this Agreement. These documents,
models and/or drawings will be retained for archival and exhibition purposes. Artist's Artwork Design,
Work, and all other work products under this Agreement shall become the property of City, without
restriction on future use,except as provided below.
7.2. Copyright Ownership.
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.
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 from 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, and
irrevocable license to graphically depict or 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 Design 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,
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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: "®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 commissioned 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.
The 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.
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 Article 3.4 and Exhibit D.
8.3. Repairs and Restoration.
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
major 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 make 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
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.
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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,the 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. 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. 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)calendar days to remove the Work at his
or her sole expense. 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.
b. City agrees that it will not willfully destroy, damage, or modify the work, except as provided in
paragraph 8.4(a)above.
C. 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.
d. 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.
8.6. 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.
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8.7. Additional Rip-lits 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 may now or in the future be applicable.
ARTICLE 9
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 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 terms of this Agreement. 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 I 1
TERM AND TERMINATION
11.1. Tetm.
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.
11.2. 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. In the event this
Agreement is canceled by the City, pursuant to this Article 11.2, 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.
11.3. Incapacily gf Artist.
a. In the event that Artist becomes incapable, legally or otherwise, of performing his duties and/or
obligations under this Agreement,City may choose to continue the terms of this Agreement with the
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capable party or terminate this Agreement. In the event that Artist becomes incapacitated during the
term of this Agreement, City shall have the right to terminate this Agreement on payment to Artist's
successors for all work and services performed prior to 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 Final Design have been approved, in the event of termination under this Article 11.3,
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.
11.4. 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 pursuant to the payment
provision in Article 4, 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.
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 4 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.
d. If termination is by mutual agreement of the Parties as set forth in Article 2.6, then City shall pay
Artist per the payment schedule in Article 4 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.
11.5. Termination for Cause.
a. 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 11.5
in accordance with the dispute resolution process set forth in Article 12 of this Agreement. If the
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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 Article 11.5 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 11.5, 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/or all other work product under this Agreement
and/or any prior agreement for the Work, including, but not limited to, all documents,
models, and/or drawings that constitute or are components of the Artwork Design and/or
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/or all other work
product under this Agreement and/or any prior agreement for the Work, including, but not
limited to, those stated under Articles 7(Ownership and Intellectual Property Rights) 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/or all other work product under this Agreement or
any prior agreement for the Work that the Artist has under the Copyright Act of 1976, 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 copies to the public as well as display said Artwork Design and/or 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/or
any other work product under this Agreement and/or any prior agreement for the Work;and
(5) Artist, pursuant to this Article 11.5, 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/or all other work product under this Agreement and/or any prior agreement as a public
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artwork. Nothing in this Article 11.5 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 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 shall have the right to exercise
any and all remedies available under law regarding the dispute.(See Article 11.5)
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.
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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
MISCEL1,Ai cOUS
14.1. 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.
14.2. 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.
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 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.
14.5. Governinl?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.
14.6. 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.
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.
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14.8. 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.
14.9. 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.
14.10. 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.
14.11. 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) calendar 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.
14.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part
of this Agreement.
14.13. 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 1000
Throckmorton 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
Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15/16 24 of 39
audit. Notwithstanding anything to the contrary herein, this Article shall survive expiration or earlier
termination of this Agreement. Artist shall require all of its subcontractors to include in their
subcontracts a right to audit in favor of City in substantially the same form as above.
14.14.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.
14.15. Survival Provision.
The provisions contained in Articles 5 (Warranties), 6 (Indemnification), 7 (Ownership and Intellectual
Property Rights), 9 (Artist as an Independent Contractor), 11.3 (Incapacity of Artist), and 14.13 (Right to
Audit)shall survive the termination or expiration of this Agreement.
14.16. 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.
14.17. 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 permitted to be given under
this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt
thereof, as the case may be, if' delivered personally or sent by registered or certified mail, return receipt
requested,postage prepaid,as follows:
1. CITY OF FORT WORTH: Assistant City Manager of Public Art
City Manager's Office
City of Fort Worth
1000 Throckmorton Street,Third Floor
Fort Worth,Texas 76102
Copies to: City Attorney
Office of the City Attorney
City of Fort Worth
1000 Throckmorton Street,Third Floor
Fort Worth,Texas 76102
Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15116 25 of 39
Martha Peters,Vice President,Public Art
Arts Council of Fort Worth&Tarrant County
1300 Gendy Street
Fort Worth,Texas 76107
2. ARTIST Jill Bedgood
934 West Agarita Avenue,
San Antonio,TX 78201
IN WITNESS HEREOF,the Parties hereto have executed this Agreement to be effective as of the
Etf'ective Date.
CITY OF FORT FORTH ARTIST
by. — - 4 —
Fernando Costa Jia edgood
Assistant City Manager
APPROVED AS TO FORM
AN EGALITY:
ea
Sangsv
As stant City Attorney li
Form 1295: Z 01
ATTESTED B
a ].r s r � "
City S , r'
M&C: G-18755
Date: June 21,2016
Agreement with Ell Bedgood for Revised Conceptual Design Proposal.Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8 15 16 26 of 39
Exhibit A: Original Conceptual Design Proposal-(To Be Revised)
Artist]ill Bedgood's Narrative Description
Sculptural trail markers or"cairns",referencing prairie animals and plants, technology and recreational
activities,will be sited at up to 8 locations along the trail throughout the park to act as"location identifiers"and
will mark specific areas or trail intersections. High school art students selected by their art teacher at Crowley
ISD and working under artist's supervision will participate in a professional workshop that focuses on research
of the cairn objects,sculpting the objects out of clay,creating a latex rubber mold,and casting the objects.
Many of these objects will then be combined, along with objects generated by the artist,into the stacked cairn-
like markers which the artist will cast in durable concrete. These trail markers will be attached to the top of
limestone pedestals that will in turn be anchored into concrete pads set flush with the ground.
Sculpture Details
-- Objects for the cairns will be created by high school students in a workshop and by Jill Bedgood
-- The objects,once assembled into the cairns,will be cast by the artist or her subcontractor out of concrete.
-- The color of the concrete will be similar to"pueblo gold"concrete color being used in the Skate Park.
-- Five objects per cairn, approximately, repetition of objects in different configurations.
-- Foundation Base for cairns may include Leuders Limestone
Original Conceptual Design Proposal-Rendering of a Cairn,and(below)a Cairn on a limestone
block
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Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for ChiEholm Trail Park-Execution Copy 8/15/16 27 of 39
Exhibit B:Proposed Sites(To Be Revised)
Site Plan-Up to 8 Trail Markers at the spots marked in green
AREA I
AREA 2�
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AREA 6 I .
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Agreement with]ill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15/16 28 of 39
Location
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Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15/16 29 of 39
Exhibit C:Budget Form
RW%WMVU t,1 AW:PAWECt0=ET
tpltlNgiO complete this Corm and attach a signed receipt or estirwe complete with W unit
00(ra WV suns)for atl Items daVarled with an asterlatr(').Cosi iweases must
00 a written estimate attached.
ARTtsrs FEE
TRAVEL
(Far artists who he more than 50 miles from Fort W aM)
Airfare
Car Rel
Per Diem Exlxmes at S per day
Mileage at i per mile
INSURANCE
AtrborHnd Vehicle Liabifty
General Liability for Artist:I Subcontractors
Workers Camp.I Employers Liability
Other,as apple
ADMINISTRATIVE EXPENSES
Phone/Fax
DWW-flM*Pft(tor correspondence.samples,models,drawings etc)
Reprographic SerWce
Supplies
PROFESSIONAL CONSULTANT FEES
(If applicable.dtawft must be signed and sealed by a profesmnal registered to practice
n the StAe of Te)as)
Ard*ecr
ShIctixal Ettgnear'
Electrical Enpm'
faonsnrvCtar"
PhoWor4tw(tor doaanentab-of completed wo*)'
outer•
MATERIALS
(Please attach a complete list or materials.Itemize am anticipated aspects and
components with per unit cost estimates)
Materials'Total
FABRICATION COSTS
(Include and itenize all portions Of subcantracbed work and work to be completed by
artist)
Artists Labor _how at$per hour)Total
Subcontracted Labor-(IOM
Fasitr/Egtpment Rental(used exdustvely for this prn)ed)related to fabrication
SITE PREPARATION
(Do not trlclUde casts covered by FWPA,(lily of Fart Worth or otters)
Test Driirtg'
Rmmoval'
Lattdscapir gtlmgation'
Electrical Modifiratiorts'
Water WorklMechanrcal Devices
Other'
(Reviaed Alay 2011)
Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15/16 30 of 39
TRANSPORTATION
MaterialS to Fabrication Site,
Finished V"k to Installation Site*
Otter'
BASEIMOUNTING
Base
Mots"Devices and C mponertta
Foutdationl7bW g
Otter
INSTALLATION COSTS
(Coe$tnust include allowance for alter hour installation,d apWable.Pteue attach a
tbrnplete to of equipment and individual estimates with this Joan)
Subcontracted labor'
Ste`
Equiprnert Rental hued to knOLVA n'
Off-"PokeftcuW
Tralk BarrieW
Storage Facft RentaP
CRY Permits
Display Devices
Fireproofing*
Site Restoration'
Otfter'
LIGHTING
Fbdexae
Bats`
Site PtepwabW
YtDit'
GRAND TOTAL
Please make any necessary notes acre:
Prepared W.
Date:
('Revved hky 2Q11)
Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy S/15/16 31 of 39
1
Exhibit D: Technical and Maintenance Record
GENERAL INFORMATION
Artist:
Address:
Telephone:
Cell:
E-mail:
Gallery Affiliation:
Other Representation:
ARTWORK
Title of Artwork:
Project Name and Location Address:
FWPA Project Manager:
Description of Artwork:(attach separately if necessary):
Artwork Dimensions:
Height: Width: Depth:
Pedestal or Pad Material:
Pedestal or Pad Dimensions:
Height: Width: Depth:
Location&Description of Signature Markings(or copyright):
Edition Information if applicable:
Date of Execution:
Place of Execution:
Collaborating Artist:
Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15/16 32 of 39
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:
Casting Alloy,Wax Body,Glass or Fiber Type:
Finishes&Coatings(paint color and type,glaze,patina,any and all coatings including fixative,W,graffiti,
etc.Please list vendors and contact information and provide all product information):
Pedestals,Foundations&Footings,Mounting and Attachment Applications
Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15/16 33 of 39
� r
s
(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.)
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
Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15/16 34 of 39
o .
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 with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8!15/16 35 of 39
Exhibit E: 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:
SUBSCRIBED AND SWORN TO before me,the undersigned authority,on this the
day of ,201_
Notary Public,State of Texas
Print Name
Commission Expires
Agreement with]ill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15116 36 of 39
Exhibit F: Sales Tax Exemption
�rMW.Sado
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION
Now of per,ftm or reap
City of Fort Worth,Texas
Rd*r er(Sti &aw0w.P.O,Ow or ObL*woM MwM(AlM Ged1 atM eh11118�1!
1000 Tlnorton Street 817392$360
cr#.saw 2A code
Fort Worth,Texas 76102
1.Me purchaser named above,claim an exemption*am payment of sates and use taxes(for the purchase of taxabie
Kam described below or on the aftched order or Invoice)*am:
Se"r M YNOW
Street address: ow.Stile.2W cods:
Desur"n d Meme to be pun Nood ar on tie a11 order or Ywaice:
All Nems except motor vehicles as listed below
Fwrtaw U®Irm this eucerr"m for the foeosrbg reason:
Municipality.Governmental Entity
1 u>dentand#W I YAbe lobo for poymo ctof ddo erxl beW ewes ar use techs wlid mey baoarns dus for Uilue b w ip4 wW
da Wmielorrs of tine Tar Cade mYor all Vocable low.
IumWAtuxitWNISacift slohlweooyhsanexenownoei0mbtoowse rforbxabbNo=DWIbrow,ofMebreofjowdow
wilfbe usedin a m&rw~ftw ftW**n;*s*d1n Mis codlicsfe,vWdspwWbV wMeamouWaftoeroded,fMofmnwyragp
hem a Cbse C n*dr wsnorb•to ny of fha aacland 111V 11
hdro Finance Director/CF0 Mercl 23.2D15
NOTE: Thb owtil cob cement be bared for to pirc how,bees.or re ntol ar•molar which.
THIS CERTIFICATE DOES NOT REOUIRE A NUMSER TO BE VALID.
Sebe and Use Tax"Exemption Numbers'or'rax EvwW Nun*om do not mdW.
This cordfloste slotAl be fuNWhad to the suppler.Do not sand the carnpieted aar01,-1,to tle Conptraler of Public Act
Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15/16 37 of 39
s
Exhibit G: 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 Nury/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.).
Agreement with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15/16 38 of 39
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.
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 with Jill Bedgood for Revised Conceptual Design Proposal,Final Design
and Commission of Public Artwork for Chisholm Trail Park-Execution Copy 8/15/16 39 of 39
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDAN
COUNCIL ACTION: Approved As Amended on 6/21/2016
CONTINUED FROM A PREVIOUS WEEK
DATE: 6/14/2016 REFERENCE G-18755 LOG NAME: 06CHISHOLM TRAIL PARK
NO.: PUBLIC ART PROJECT
CODE: G TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Final Design and Commission Agreement with Jill Bedgood in
an Amount Up to $76,000.00 for Final Design, Fabrication, Installation and Contingencies
for Artwork in the Chisholm Trail Park Located at 4936 McPherson Boulevard (COUNCIL
DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Final Design and Commission
Agreement with Jill Bedgood in an amount up to $76,000.00 for final design, fabrication, installation
and contingencies for artwork comprised of a series of sculptural trail markers in the Chisholm Trail
Park located at 4936 McPherson Boulevard.
DISCUSSION:
Sculptural trail markers or caims, referencing prairie animals and plants,teehnelegy amd feeFeatienal aellivities,will be sited
at up to eight locations at Chisholm Trail Park to act as location identifiers and will mark specific areas or trail
intersections.
tinder the eoisVs supefyigiam The artist will work with the City's Park and Recreation Department to create cast concrete
objects to be organized into stacked cairn-like markers to be sited along the two miles of trails in Chisholm Trail Park.
The trail markers will be attached to the top of limestone pedestals that will in turn be anchored into concrete pads set flush
with the ground.
On January 21,2016, artist Jill Bedgood was placed under a Summer Creek Master Plan Contract(City Secretary Contract
No.47445)which included developing a design proposal for artwork in Chisholm Trail Park.
Fort Worth Art Commission(FWAC)Action: On March 7,2016 the FWAC approved the artist's design proposal for artwork
and recommended the artist be placed under a final design
and commission contract.
Under this final design and commission contract,the artist will finalize the aesthetic design and provide structural
engineering. Upon approval of the final design,the artist will fabricate,deliver and install the artwork per the approved final
design.
Funding for the final design and commission of the project has been allocated from the 2014 Capital
Improvement Program, Proposition 2 and the project was included in the Fort Worth Public Art Fiscal
Year 2016 Annual Work Plan, adopted by the Fort Worth City Council on October 27, 2015 as M&C
C-27515.
Project budget and funding sources are as follows:
PROJECT BUDGET
Final Design and Commission $761000.00
Total $76,000.00
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=223 8 1&councildate=6/21/2016 9/13/2016
M&C Review Page 2 of 2
FUNDING SOURCES I AMOUNT
2014 Capital Improvement Program, 1[$76,000.00
Proposition 2 (subfund 98)
Total $76,000.00
M/WBE OFFICE-The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent
of total capital project dollars expended on public art annually.
Council Member Jungus Jordan concurs with the FWAC's recommendation to proceed with final
design and commissioning of the Chisholm Trail Park Public Art Project.
The project is located in COUNCIL DISTRICT 6, Mapsco 103S. The project also serves COUNCIL
DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the 2014 Capital Improvement Program,
Proposition 2, for the Chisholm Trail Park Public Art Project. Existing appropriations in the project are
$76,000.00 of which $0.00 has been expended leaving a balance of$76,000.00.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget I Reference# Amount
ID I I ID Year Chartfield 2
34014 0200431 5470010 1 CO2439 2016 14050299 $76,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Martha Peters (298-3025)
ATTACHMENTS
CTPark MC Attachment March2016.pdf
Fort Worth Form 1295 Bedgood.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22381&councildate=6/21/2016 9/13/2016
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10t1
Complete Nos.1.4 and 6 it there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,S.and 6 it there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,stabs and country of the business endlys place Certific de Number:
of business 2016-27535
Jill Bedgood fog)r W 0/Q rH
San Antonio,Tx united states n dd 00000 3q 7Date Filed:
d:1 e or state agency is a party to contract a form is 03/17/2016
being fled.
Fort Worth Public Art Program Date Acknowledged:
3 Provide the identification number used by the govemmertal entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
47445
Creating public an for the City of Fort Worth.
4 Nature of interest(check applicable)
Name of Interested Party City.State.Country(place of business)
Controlling Intermediary
T-
5 Check only H there is NO interested Party. ❑
X
6 AFFIDAVIT 1 swear,or affirm,under penalty of perjury.that the above disclosure is true and correct.
. Kr?fSTAL COSTMO
Notary"ie,State of Texas
bfy CiDMrifn.Exp 07.262t)T d cure of zed age of acting business entity
NOTARY IDD:12W57t18.2
AFFIX NOTARY STAMP I SEAL, ABOVE
and subscribed before me,by the stein ! this the _day of
2Q .m cantly which,witness my hand ikA heal of oni e. U
Sig6ture of officer adrTHnistei A name of officer administering oath Tide of offitei administering oath
Forms provided by Texas Ethics Commission www.ethics.state.mus Version V1.0.312