HomeMy WebLinkAboutContract 51041 CITY SECRETARY I
CONTRACT N0. 10
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND LETICIA HUERTA STUDIO,L.L.C.FOR COMMISSION
OF PUBLIC ART FOR BBRENNAN AVENUE BRIDGE
This Agreement is entered into thisday o 2018, 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, and LETICIA HUERTA STUDIO, L.L.C., a Texas Limited Liability Company,
located at 9630 Requa Road,Helotes,TX,78023 and acting by and through Leticia Huerta,its duly authorized
President. 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,as part of the Lower Lebow Channel Watershed Project,the City is replacing the existing
bridge on Brennan Avenue in Trail Drivers Park with a new box culvert bridge("Brennan Avenue Bridge");
WHEREAS,the LeBow Channel Watershed project was included in the Public Art Plan for the 2004
Bond Program,adopted by City Council on May 17,2005 (M&C G-14801);
WHEREAS, funding for the commission of the Brennan Avenue Bridge public art project has been
allocated from the 2004 Capital Improvement Program,Proposition 1,and the project was included in the Fort
Worth Public Art Fiscal Year 2018 Annual Work Plan, adopted by the Fort Worth City Council on October
17,2017,(M&C G-19139);
WHEREAS,On January 8,2018,the Fort Worth Art Commission("FWAC")approved artist's Final
Design (City Secretary Contract #42148) for an artwork and recommended the artist be placed under an
Artwork Commission Contract;
WHEREAS,Artist's work shall be based on the Approved Final Design, which consists of cowgirl,
cowboy and cattle designs based on motifs from historic scarfs and bandanas integrated into the concrete
structure of the bridge by the bridge contractor's use of Artist-provided form liners and concrete stain with
Artist-specified colors. In addition, two (2) glass mosaic medallions set into the sidewalk at the pedestrian
crossings will be installed by the Artist. With this project, the Artist continues her exploration of the
multicultural historic ranching and stockyards themes, which she utilized on the NE 28h Street Bridge and
,yewey Bridge,which are also part of the Lebow Channel Watershed;
R�C�I� WHEREAS,City and Artist wish to set out the terms and conditio rider which said Work shall be
?O, cated,delivered,and installed at the Site; OFFICIAL~RECORp
Cl�sFC��Rrrlc CITY 84CRR'L'ARY
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1
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 Commission
of Public Artwork for the Site.
1.2. Artist–Means and includes LETICIA HUERTA STUDIO,L.L.0 and/or its heirs,executors,
administrators, legal representatives,successors, agents,subartists,contractors and assigns.
1.3. Artwork Design—Means the final,City-approved design of the Work for the Site created in
connection with the Final Design Contract(City Secretary 442148)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 Final Design Contract. The design includes two distinct, bas-relief form liner designs,
manufactured in multiples of up to twenty (20) each, but at least ten(10) each, to enhance the cast concrete
bridge walls and, in addition,two(2)mosaic tile medallions inset into the sidewalk on the south side Brennan
Avenue Bridge. The design and description are attached hereto as Exhibit"A"and incorporated herein for all
purposes.
1.4. Contract Manager–Means and includes the Arts Council of Fort Worth and Tarrant County,
Inc.,and/or its officers,directors,or employees.
1.5. City–Means and includes the City of Fort Worth,Texas.
1.6. Effective Date – Means and includes the date represented in the first paragraph of this
Agreement,which shall be the official date of execution of this Agreement.
1.7. 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.
1.8. Final Design Contract – Means and includes Fort Worth City Secretary Contract Number
#42148, an Agreement between the City of Fort Worth and LETICIA HUERTA STUDIO, L.L.C., acting by
and through Leticia Huerta,its President,for Final Design of Public Artwork.
1.9. Parties–Means and includes City and Artist.
1.10. 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.
1.11. Project Stakeholders –Means and includes the appropriate City Council Member, and his
appointed community representatives and the Fort Worth Art Commission's appointed representative and
others as may be appropriate.
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1.12. 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.
1.13. Site —Means and includes the box culvert bridge along the 1400-1570 blocks of Brennan
Avenue in Trail Drivers Park,76106(Council District 2),which is more particularly described in Exhibit`B,"
attached hereto and incorporated herein by reference for all purposes.
1.14. Work—Means and includes the finished object(s)of art and design that are the subject of this
Agreement, or any intermediary stage of completion of such work, which specifically includes the Artwork
Design.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that Artist's Final Design was approved by the FWAC on January 8,2018, 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 exact location at
the Site where the Work shall be installed shall be mutually agreed upon by City and Artist.
C. The City's designated general contractor and/or subcontractor will provide Artist with a minimum
quantity of each form liner design needed for the project, so the Artist may manufacturer the correct
quantity.
d. Artist is responsible for fabrication and delivery of the form liners, which the bridge contractor will
use in forming the concrete bas-relief designs. Artist shall deliver the form liners to the City's
designated general contractor or sub-contractor,on dates and times mutually agreed upon by City and
Artist, for installation at the Site by the City's general contractor and/or sub-contractor. It is
understood that the general contractor will apply the Artist-specified concrete stain to the bridge.
e. Artist is responsible for installing the two (2) glass mosaic medallions in the sidewalk on dates and
times mutually agreed upon by City and Artist.
f. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, siting of the Work, and
permitting.
g. Artist shall meet and coordinate with City staff and others,as necessary,to integrate the Work into the
Site in terms of structural support for the Work.
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h. 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.
i. Artist shall participate in one public education event in Fort Worth at a mutually agreed upon date and
time.
j. Artist shall install the Work on dates and times mutually agreed upon by Artist and City.
k. For the duration of this Agreement,any publicity related to the Work at any stage under this Agreement
shall be coordinated through the Contract Manager. Artist must get the Contract Manager's consent,
in writing,prior to engaging in publicity for the Work.
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 the 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
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(14)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 determine 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 F WAC. If any disputes arise thereafter,the Parties shall first attempt to resolve
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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 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. Artist
has provided these specifications so that City can incorporate them into the any construction
documents and construction contract.
c. Artist is responsible for fabrication and delivery of the form liners, which the bridge contractor will
use in forming the concrete bas-relief designs. Artist shall deliver the form liners to the City's
designated general contractor or sub-contractor, on dates and times mutually agreed upon by City and
Artist, for installation at the Site by the City's general contractor and/or sub-contractor. It is
understood that the general contractor will apply the Artist-specified concrete stain to the bridge.
d. Artist is responsible for installing the two (2) glass mosaic medallions in the sidewalk on dates and
times mutually agreed upon by City and Artist.
e. Artist shall be responsible for all costs associated with the materials, fabrication, transportation and
installation of the Work, including,but not limited to, footing, equipment rentals,transportation, and
labor.
f. Artist shall be responsible for obtaining and paying for all necessary permits and any required traffic
barriers appropriate for the installation of the tile mosaic medallions in the sidewalks.
g. Due to delays in the City's construction schedule and in order to control fabrication costs,should Artist
complete the Work in advance of the completion of the Site, Artist may store the Work at reasonable
expense to City until such a time as the Site is completed and the Contract Manager notifies Artist that
installation may commence; however, the total paid by City for storage cannot cause the Agreement
amount to exceed the amount outlined in Section 3.1.
h. 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
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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.
i. 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 "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.[NOTE: The written instructions provided during the final design phase of
this project may fulfill all or part of this requirement to the extent that such instructions represent the
final Technical and Maintenance Record].
2.6. 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 of at least eight(8)high-resolution digital images(.tiff format)and eight
(8) 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 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.
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 thirty-fifth(35'h) calendar day after Artist has sent the written notice to
City required under this Article 2.7 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.
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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 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 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall be an amount up to FORTY FOUR THOUSAND
EIGHT HUNDRED FORTY-THREE DOLLARS AND NO CENTS($44,843.00) which shall constitute
full compensation for any and all costs associated with this Agreement, including, but not limited to,
fabrication,transportation,installation,consulting fees,a remaining artist's fee of$4,375.00,insurance,storage
costs,all travel expenses and services performed and materials furnished by Artist under this Agreement,and
a $2,687.00 contingency allowance. Artist and City may amend this Agreement to allow for additional
payment if additional services are required.
3.2. Payment Schedule.
a. City agrees to pay Artist in the following installments set forth below, each installment to represent
full and final, non-refundable payment for all services and materials provided prior to the due date
thereof:
i. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) upon execution of this
Agreement.
ii. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00)upon the Contract Manager's
verification that form liner master is complete.
iii. TEN THOUSAND DOLLARS AND NO CENTS($10,000.00)upon the Contract Manager's
verification that fabrication of all form liners is complete and delivery to the Site/Contractor
has been made.
iv. FIVE THOUSAND DOLLARS AND NO CENTS($5,000.00)upon the Contract Manager's
verification that fabrication of the mosaic medallions is 50%complete.
V. TEN THOUSAND DOLLARS AND NO CENTS($10,000.00)upon the Contract Manager's
verification that mosaic medallions are 100%complete.
vi. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00)upon the Contract Manager's
verification that installation of the medallions is complete.
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vi. TWO THOUSAND ONE HUNDRED DOLLARS AND FIFTY SIX CENTS ($2,156.00)
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
[see Article 2.7.].
vii. The total compensation includes payment for any unforeseen changes in engineering
costs, materials, fabrication, transportation or installation costs. City shall pay to the
Artist contingency funds in an amount up to TWO THOUSAND, SIX HUNDRED EIGHTY
SEVEN DOLLARS AND NO CENTS ($2,687.00) for unforeseen costs associated with the
Work that are incurred by the Artist upon (i) receipt of supporting documentation by the
Contract Manager from the Artist and(ii)approval by the Contract Manager of the additional
costs.
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
Project. City shall supply Artist with the"Texas Certificate of Exemption,"in substantially the same form 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 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.
ARTICLE 4
TERM AND TIME OF PERFORMANCE
4.1. Term.
This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such
provisions in this Agreement,shall extend until final payment to Artist by City.
4.2. 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 ompletion 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. Such expenses will not be considered a contingency
expense payable under this Agreement.
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4.4. Time Extensions;Force Majeure.
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 must inform 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:
L 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 Designs and Work are free and clear of any liens from any source whatsoever;
vi. Artist has the full legal power and authority to enter into and perform this Agreement and to
make the grant of rights, including, but not limited to, all rights pertaining to copyright,
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(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
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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
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:
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
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
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all credits be removed from the Work and reproductions thereof until the Work's condition is
satisfactorily repaired.
ARTICLE 6
INSURANCE,INDEMNITY,AND RELEASE
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 execution of this
Agreement. 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 performance bonds or similar undertakings.
6.3. GeneralIndemnity.
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
OMISSIONS 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.
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.
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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
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.
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{
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, 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: "C 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 2.5 and Exhibit C.
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
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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.
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
paragraphs a. and b. 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.
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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.
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 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 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 11.19 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.
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11.2. Death or Incapacity of Artist.
a. In the event that Artist becomes incapable, legally or otherwise, of performing its duties and/or
obligations under 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 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 11.2, 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. Artist may submit to City name of a qualified party that
Artist recommends be contracted to complete the Work, and City may choose to contract with the
qualified party for completion.
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
provisions 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. City and Artist agree that should
Artist be unable to fulfill the obligations under this Agreement due to illness, City may terminate this
Agreement for convenience in accordance with Section 11.2 above.
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 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 11.4 in
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accordance with the dispute resolution process set forth in Article 12 of this Agreement. If the Parties
cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this
Agreement upon the delivery of a written "Notice of Termination" specifying the grounds for
termination.Termination of this Agreement under this 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 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 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 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, or
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
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Article 11.4 shall affect the survival of Articles 5 (Warranties), 6 (Insurance, Indemnity, and
Release), 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 11.4)
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
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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 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. Governing Law and Venue.
If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Agreement,
venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
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 its respective successors and permitted assigns.
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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. 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. 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.
14.10. 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 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.
The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of
Artist except as outlined in Articles 11.2 and 14.16.
14.14. Right to Audit.
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 Term of this
Agreement and for three (3) years thereafter, Artist shall make all Records available to City on 200 Texas
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. Artist shall require all of its
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subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form
as above.
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),9(Artist as Independent
Contractor), 11.2(Death or Incapacity of Artist),and 14.14(Right to Audit)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.
14.19. Israel.
Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is
prohibited from entering into a contract with a company for goods or services unless the contract contains a
written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott Israel during
the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this contract,Artist certifies that Artist's
signature provides written verification to the City that Artist. (1) does not boycott Israel, and(2) will not
boycott Israel during the term of the Agreement~
ARTICLE 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
200 Texas Street
Fort Worth,Texas 76102
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Copies to: City Attorney
Office of the City Attorney
City of Fort Worth
200 Texas Street,Third Floor
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 Leticia Huerta
LETICIA HUERTA STUDIO,L.L.C.
9630 Requa Road
Helotes,TX,78023
IN WITNESS HEREOF,the Parties hereto have executed this Agreement to be effective as of the Effective
Date.
CITY F R ORTH ARTIST
r
by: by:
Jesus J. hapa Leticia Huerta
Assistant City Manager LETICIA HUERTA STUDIO,L.L.C.
CONTRACT COMPLIANCE MANAGER
By signing,I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
A��z
Name:Anne Allen
Title: Public Art Project Manager
APPR ED AS TO FORM AND GALITY:
Jessica Sgsvang
Senior A tstant City Attorney
Form 1295: 2018-311147
ATTESTED BY: �� FORT
Maly Kdyser
City Secretary * `_
M&C#C-28672 * OFFICIAL RECORD
DATE:May 1,2018AS
V,$ �D I -3 111 }'1 CITY ncmmw
Fr.woRTH,Tx
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Exhibit A: Approved Final Design
Cowgirl, cowboy and cattle designs based on motifs from historical scarfs and handkerchiefs. Bridge will be
painted with Sherwin Williams concrete stain SW 6514 and SW 6516.
uni• •n- °fin '
F.
r
Agreement with Leticia Huerta Studio,LLC,for Commission
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s �
Exhibit A Continued: Glass Mosaic Medallion Design and Location on South Side of Brennan Bride at
Pedestrian Crossings
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Exhibit B: The Site
1400-1570 blocks of Brennan Avenue in Trail Drivers Park,76106(Council District 2),
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Exhibit C: 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:
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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, UV,graffiti,
etc. Please list vendors and contact information and provide all product information):
Pedestals,Foundations&Footings,Mounting and Attachment Applications
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(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
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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.)
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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:
SUBSCRIBED AND SWORN TO before me,the undersigned authority, on this the
day of ,201_.
Notary Public,State of Texas
Print Name
Commission Expires
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Exhibit E: Sales Tax Exemption
a 1a7J(DAd,)
`�~laa+'9d7B)
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION
Name of P-ir baser,firm or agency
City of Fort Worth,Texas
Address(Street A number,P.O-Box or Route number) Phono(Area code erM number)
200 Texas Street 817-392.8360
--- _—
anr,state,
Fort Worth,Texas 76102
I,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable
items described below or on the attached order or invoice)from'
Seller: All Vendors
Street address: _City,State,ZIP code:—___--..
Description of items to be purchased or on the attached order or invoice:
All Items except motor vehicles as listed below
Purchaser claims this exemption for the following reason:
Municipality,Governmental Entity
I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code and/or all applicable law.
1 understand that it iso criminal offense to gnro an exemption certificate to the seller for taxable items that!know,atthe time ofpurchase,
will be usedin a manneroBterthan that expressed in this cerfrficate,and depending on the amount of tax evaded,the offense may range
from a Class C misdemeanor to a felony of the second degreo.
Purchaser -- .. Taw-
S'
a .____
_-Tate ---
sign
here� Finance Director/CFO January 3,2017
NOTE: This certificate cannot be issued for the purchase,lease,or rental of a motor vehicle.
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax"Exemption Numbers"or"Tax Exempt"Numbers do not exist.
This certificate should be furnished to the supplier.Do not send the completed certificate to the Comptroller of Public Accounts.
Agreement with Leticia Huerta Studio,LLC,for Commission
Of Public Artwork for Brennan Avenue Bridge Execution Copy 6/26/18 31 of 33
Exhibit F: Insurance Requirements
PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS
Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts
fabrication, transportation, and/or installation of the Work, then Artist shall also require his/her
subcontractor(s)to abide by all of the following insurance requirements.
Commercial General Liability(CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
Coverage shall include, but not be limited to, the following: premises, operations, independent
contractors,products/completed operations,personal injury,and contractual liability. Insurance shall
be provided on an occurrence basis,and be as comprehensive as the current Insurance Services Office
(ISO)policy. The policy shall name City as an additional insured.
Bailee's/Property (if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on
the latest appraised value of the Artwork, which is entrusted to the Artist and is considered to be in
the Artist's care, custody, and control and shall include property"in transit."
Automobile Liability
$1,000,000 Each accident
or
$250,000 Bodily Injury per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired
and non-owned.
For Artist and/or Artist's Subcontractors who have employees: Workers' Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease -per each employee
$500,000 Bodily Injury/Disease -policy limit
Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in
the Texas workers' Compensation Act(Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.).
Agreement with Leticia Huerta Studio,LLC,for Commission
of Public Artwork for Brennan Avenue Bridge Execution Copy 6/26/18 32 of 33
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 Leticia Huerta Studio,LLC,for Commission
of Public Artwork for Brennan Avenue Bridge Execution Copy 6/26/18 33 of 33
M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 5/1/2018
REFERENCE 06BRENNAN AVENUE
DATE: 5/1/2018 NO.: C-28672 LOG NAME: BRIDGE PUBLIC ART
PROJECT
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of an Artwork Commission Agreement with Leticia Huerta Studio, LLC,
in an Amount of$42,156.00, Plus City-Held Contingency of$2,687.00, for a Total of
$44,843.00, for Fabrication and Installation of Artwork and Enhancements to be
Incorporated Into the New Brennan Avenue Bridge, Over the Lebow Channel, Located in
the 1400-1570 Blocks of Brennan Avenue in Trail Drivers Park (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Artwork Commission Agreement
with Leticia Huerta Studio, LLC, in an amount of$42,156.00, plus City-held contingency of$2,687.00,
for a total of$44,843.00, for fabrication and installation of artwork and enhancements to be
incorporated into the new Brennan Avenue bridge over the Lebow Channel in the 1400-1570 blocks
of Brennan Avenue in Trail Drivers Park.
DISCUSSION:
The Artwork Commission Contract will enable Leticia Huerta Studio, LLC, to proceed with (1)
Fabrication of form liners for the cast-in-place concrete railings and wing walls of the Brennan Avenue
Bridge, which will include a bas relief design of a cowgirl and a cowboy and cattle to be used by the
general contractor during bridge construction; and (2) Fabrication and installation of two glass tile
medallions inset into the sidewalk at the pedestrian intersections.
The bas relief designs take their inspiration from historic scarfs and bandanas that feature a cowgirl
and cowboy and cattle, which relates to the Brennan Avenue Bridge's proximity to the Historic
Stockyards and location in Trail Drivers Park. The design enhancements will be incorporated directly
into the bridge structure as the concrete is poured in place. The artist has selected concrete stains in
two shades of blue for visual contrast to be used by the contractor. The bas relief designs will be on
both the interior and exterior rails of the bridge and will be visible to pedestrians and vehicular traffic
both on Brennan Avenue and in Trail Drivers Park. The sidewalk medallions feature cattle under a
night time sky.
Art Commission Action: On January 8, 2018, the Fort Worth Art Commission (FWAC) approved the
artist's final design and recommended the artist be placed under an Artwork Commission
Contract. Project budget and funding sources are as follows:
http://apps.cfwnet.org/council_packet/mc review.asp?ID=25799&councildate=5/1/2018 7/20/2018
ivi&L Keview Page 2 of 3
PROJECT BUDGET AMOUNT CONTRACT
Final Design Brennan and Dewey(Completed) $ 11,250.00 CSC No. 42148
Dewey Commission and Contingency (Completed) $ 43,907.00 CSC No. 43356
Brennan Commission and Contingency $ 44,843.00 This M&C
Total $100,000.00
FUNDING SOURCE AMOUNT
2004 Bond, Prop. 1 (subfund 98) $ 100,000.00
Total $ 100,000.00
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 Carlos E. Flores
concurs with the FWAC's recommendation to proceed with commissioning of the Brennan Avenue
Bridge Public Art Project.
This project serves COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds in the amount of$44,843.00 are currently available in the
Brennan Avenue Bridge Public Art Project. Prior to an expenditure being incurred, the participating
department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Charlfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID YearChartfieId 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Martha Peters (8172983025)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=25799&councildate=5/1/2018 7/20/2018
M&U Keview rage .s or .s
Fort Worth Form 1295 Certificate 100324182 LHuerta 2-7-18 New.pdf
MandC Attachments.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=25799&councildate=5/1/2018 7/20/2018
C— n� )-"
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1of1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-311147
Leticia Huerta Studio LLC
Helotes,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/07/2018
being filed.
City of Fort Worth Date Acknowledged:
L�
3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Commission Contract
Public Art
Nature of interest
4
Name of Interested Parry City,State,Country(place of business) (check applicable)
Controlling Intermediary
Huerta, Leticia Helotes,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523