HomeMy WebLinkAboutContract 52019 CITY SECRETARY
CONTRACT NO._ 5ao I9
AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
RDG IA INC.D/B/A RDG DAHLQUIST ART STUDIO FOR
MAR 1 1 i FINAL DESIGN OF PUBLIC ART FOR LAKE COMO PARK
TY OF FORT
CITYSECR
This Agreement, entered into this 194h day of MCLrOK 2019, by and
between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and
through Jesus J. Chapa, its duly authorized Assistant City Manager, and RDG IA Inc. d/b/a RDG Dahlquist
Art Studio, a business located at 512 Elm Street, Des Moines, Iowa 50309. The City has designated the Arts
Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract
Manager shall act through its designated Public Art Project Manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort
Worth residents,to commemorate the City's rich cultural and ethnic diversity,to integrate the design work of
artists into the development of the City's capital infrastructure improvements and to promote tourism and
economic vitality in the City through the artistic design of public spaces;
WHEREAS, the Lake Como Park public art master plan by Anitra Blayton and Mel Zeigler titled,
Commemoration Park: A Life Force /Soul, Spirit, Mind, and Heart, seeks to improve park infrastructure
while creating commemorative art projects of all artistic mediums to acknowledge the Lake Como Planning
Committee's designated "Pioneers, Legends and Heroes," was approved by the Fort Worth Art Commission
("FWAC")on February 12,2018;
WHEREAS, funding for this project has been allocated from the 2004 Bond Program,
Proposition 1, adopted by the Fort Worth City Council on May 17, 2005 (M&C G-14801), and from
the Specially Funded Capital Projects Fund (Public Art Fund), and the project was included in the Fort
Worth Public Art Fiscal Year 2019 Annual Work Plan, adopted by the Fort Worth City Council on
November 6, 2018 (M&C G-19412);
WHEREAS, on November 1, 2018, the City entered into a contract with Artist to develop a
conceptual proposal for the Site(Fort Worth City Secretary Contract No. 51491);
WHEREAS, the Contract Manager conducted an Artist Selection Process in accordance with the
Project Outline and the guidelines in the Fort Worth Public Art Master Plan Update, and on December 10,
2018, the Fort Worth Art Commission ("FWAC") approved the Selection Panel's recommendation of RDG
IA Inc. d/b/a RDG Dahlquist Art Studio for the project based on their proposal for the Site; and
WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall
be designed to promote the integrity of Artist's ideas and statements as represented by the Work;
NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements
hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows: — - -
Agreement Between the City of Fort Worth and
FOOFFFICIAL RECORD
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page I of 26ARY
For Final Design of Public Art for Lake Como Park Execution Coy i/
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
of Public Art for the Site.
1.2. Artist — Means and includes RDG IA Inc. d/b/a RDG Dahlquist Art Studio, and its officers,
directors, or employees.
1.3. Artwork Designs—Means and includes the Conceptual Proposal and Final Design of the Work,
which is defined in 1.3a and 1.3.b below:
1.3.a. Conceptual Proposal — Means all preliminary drawings, sketches, narrative
descriptions, budget estimates, and the like that are created by Artist in connection with
Conceptual Proposal Contract, depictions of which are attached hereto as Exhibit "A" and
incorporated herein for all purposes.
1.3.b. Final Design—Means Artist's final,proposed design of the Work for the Site,which is
based upon the Conceptual 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,employees.
1.5. City—Means and includes the City of Fort Worth.
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 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.
1.8. Parties—Means and includes City and Artist.
1.9. Project — Means and includes the capital improvement/public art development undertaking of
City for which Artist's services are to be provided pursuant to this Agreement. A project outline attached
hereto as"Exhibit B"describes the parameters and expectations of the project.
1.10. Project Core Team — Means and includes the group of community members, generally 5-7
people, who are invited by the City Council Member to provide input on the project for its duration, in
accordance with the Fort Worth Master Plan Update,page 23.
1.11. Project Stakeholders — Means and includes the appropriate City Council Member(s), the
Project Core Team,the Artist Selection Panel,the FWAC's appointed representative,City staff,and others as
may be appropriate.
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1.12. Site—Means Lake Como Park, to be located at 3401 Lake Como Drive in Council District 3,
specifically focusing on the main entrance of the park, which is further depicted in the attached Exhibit"C,"
which is incorporated into this Agreement.
1.13. Work—Means and includes the finished objects of art and design that are the subject of this
Agreement,or any intermediary stage of completion of such works.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that the Selection Panel's recommendation of the Conceptual Proposal
submitted by Artist, was approved by the FWAC on December 10, 2018, as the basis for executing this
Agreement with the Artist.
2.2. Scone of Services.
a. Artist shall perform all services and will furnish all supplies, materials, and equipment as
necessary for developing a Final Design of the Work and for providing the Final Design
Deliverables. Services shall be performed in a professional manner and in strict compliance
with all terms and conditions in this Agreement.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture
of the Work, subject to review and input from Project Stakeholders and approval by City as
set forth in this Agreement. City may request changes to the Artwork Design from time to
time under this Agreement,and Artist will accommodate City's requests.
C. Artist shall meet with Project Core Team and other Project Stakeholders to collaboratively
determine which text from the Lake Como Weekly and other Como community archives are
most appropriate for the piece.
d. The location at the Site on which the Work shall be installed has been mutually agreed upon
by City and Artist.
e. Artist, upon request of Contract Manager, shall provide information and/or attend meetings
with appropriate City staff for purposes of risk assessment, safety review, sighting of the
Work,and permitting.
f. 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.
g. 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.
h. Artist shall present the Final Design to the FWAC for joint review with the Project Core
Team,other Project Stakeholders,the appropriate City staff,and for the FWAC's approval at
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a regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Final
Design shall subsequently be shared with City boards or commissions,as appropriate.
i. The Artist shall make a minimum of two (2) trips to Fort Worth for meetings and
presentations as indicated above. Additional trips if required 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 and geotechnical reports of the Site, if available.
2.4. Final Design Deliverables.
a. Within three (3) months after the Effective Date, Artist shall provide services and all supplies,
materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.4 to
City for approval. Final Design Deliverables shall consist of the following:
i. Detailed, design illustrations for the Work for the Site, which shall be in a high-resolution
digital format, such as JPEG or TIF files, showing the proposed Work from multiple vantage
points with at least one illustration showing the Work's size and placement in relation to the
Site;
ii. A final written narrative for the Work, describing the following: (1) 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;
and (3) Maintenance requirements for all elements of the Work as dictated by the Artist,
along with cost estimates for annual maintenance;
iii. Material or fabrication samples and/or model for the Work,as are required by the Artist to
describe the visual character and appearance of the Work, including armature for the Work;
iv. A detailed final budget, on the budget form attached hereto as Exhibit "D," for
implementation of the Work in an amount not to exceed $204,704.00 reflecting total costs
and inclusive of remaining artist fee of $15,296.00, materials, labor, fabrication, travel,
transportation, construction, insurance, footings, installation, all associated costs for the
Work,and a contingency of$23,100.00;
V. 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
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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. The City's insurance requirements
are attached hereto as"Exhibit E";and
vi. Artist shall provide the Final Design presentation materials in PowerPoint format to the
Contract Manager to become part of the City of Fort Worth Public Art archive owned by
City. All documents, models, and/or drawings will be retained for archival and exhibition
purposes.
b. Deliverables shall be submitted to the Contract Manager two (2) weeks prior to the scheduled
Preliminary Design presentation for staff review.
2.5. Final Design Review.
a. Upon completion and submission of the Final Design Deliverables and acceptance by Contract
Manager, Artist shall present the Final Design to the FWAC for joint review with the Project Core
Team, other Project Stakeholders, the appropriate City staff, and for the FWAC's approval at a
regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Final Design
shall subsequently be shared with City boards or commissions,as appropriate.
b. City shall notify Artist of its approval,or disapproval,of the Final Design,either in whole or in part,
within thirty(30)business days of Artist's presentation to the FWAC.
c. 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.
d. 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.
e. 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 3 up through the
date of termination.(see Article 4.4.d)
f. Upon City's approval of the Final Design, any revisions made to a City-approved Final Design shall
become part of the Final Design. Artist shall incorporate any City-approved revisions into the Final
Design in conformance with City's requirements.
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g. 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 6).
h. Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Final Design is
accepted by City and funding is appropriated by the Fort Worth City Council, negotiations for
fabrication, delivery, and installation of the work shall commence, which shall become part of the
deliverable under any anticipated artwork commission contract.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount of up to TWENTY TWO
THOUSAND, THREE HUNDRED FORTY-SIX DOLLARS AND NO CENTS ($22,346.00), which
shall constitute full compensation to Artist for any and all costs associated with this Agreement including,
but not limited to, Artist's fee of$15,296.00, travel (see Section 2.2(i)), engineering, material sample mock
ups and consulting fees and services performed and materials furnished by Artist under this Agreement. This
Section 3.1 is in no way guaranteeing the Artist payment for all these expenses. City and Artist agree that
the milestones outlined in the payment schedule in Section 3.2 below must be met before City is obligated to
make the payment associated with the milestone.
3.2. Payment Schedule.
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.
a. THREE THOUSAND, FIVE HUNDRED FIFTY DOLLARS AND NO CENTS ($3,550.00)
upon execution of this Agreement.
b. FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) within thirty (30) calendar days
after Artist travels to Fort Worth and meets with Project Core Team and other stakeholders to get
input on inclusion of specific community archives.
C. SEVEN THOUSAND DOLLARS AND NO CENTS ($7,000.00) within thirty (30) calendar days
after Artist submits the Final Design Deliverables as required under Article 2.4 of this Agreement
and after Artist makes a presentation of the Final Design to the FWAC, the Project Core Team, and
other Project Stakeholders..
d. THREE THOUSAND, TWO HUNDRED NINTY-SIX DOLLARS AND NO CENTS
($3,296.00) within thirty (30) days after the City notifies the Artist of its approval of the Final
Design.
e. City will provide an allowance of up to FOUR THOUSAND, FIVE HUNDRED DOLLARS AND
NO CENTS ($4,500.00) for engineering, material sample mock ups and consulting fees. Such
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payment shall be made upon receipt of an invoice from Artist with the original invoice(a retainer fee
of up to 50%is allowed)for such services attached.
f. Artist agrees it will only receive the payments under this section if it completes the
milestone required for each payment. City agrees that if Artist completes a milestone and is
due payment, City will not withhold amounts from the Artist's compensation to impose a
penalty or liquidated damages on the Artist, unless the Artist agrees or has been found liable
for the amounts in a binding dispute resolution hearing.
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"F"for use by Artist in the fulfillment of this Agreement.
3.4. Artist' Expenses.
Artist shall be responsible for the payments of all expenses incurred during the performance of this
Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on
submissions to City, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary
for the proper performance of the services required under this Agreement.
ARTICLE 4
TERM AND TERMINATION
4.1. Term.
This Agreement shall be in effect from the Effective Date, and,unless terminated earlier pursuant to
such provisions in this Agreement,shall extend until final payment to Artist by City.
4.2. Gratuities.
City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or
otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager
official or employee with a view toward securing favorable treatment with respect to the awarding,
amending,or making of any determinations with respect to this performance of this Agreement.
4.3. Termination for Cause.
If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of
this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this
Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in
accordance with the dispute resolution process set forth in Article 5 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
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of this Agreement under this provision shall not relieve the party in default of any liability for damages
resulting from a breach or a violation of the terms of this Agreement.
4.4. Termination for Convenience.
a. The services to be performed under this Agreement may be terminated by either party, subject to
written notice submitted thirty (30) calendar days before termination, specifying the grounds for
termination.
b. If the termination is for the convenience of City, City shall pay Artist for services actually rendered
up to the effective date of termination in accordance with Section 3.2 of this Agreement, and Artist
shall continue to provide the City with services requested by City and in accordance with this
Agreement up to the effective date of termination. Upon Artist's receipt of payment in full of all
monies due for services provided up to the effective date of termination, City shall have the right at
its discretion to possession and transfer of title to the sketches, designs, and models already prepared
and submitted or presented for submission to City by Artist under this Agreement prior to the
effective date of termination, provided that no right to fabricate or execute the Work shall pass to
City.
C. If termination is for the convenience of Artist, City shall have the right, in its sole discretion, to pay
Artist for services actually rendered up to the effective date of termination in accordance with
Section 3.2 of this Agreement or require the Artist to remit to City a sum equal to all payments (if
any)made to the Artist pursuant to this Agreement prior to 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, and designs, up to the effective date of
termination shall be come property of the City.
d. If termination is by mutual agreement of the Parties as set forth in Article 2.5, then City shall pay
Artist for work performed in accordance with Section 3.2 of this Agreement up through the date of
termination. City shall have the right to possession and transfer of all work product produced by
Artist under this agreement including,but not limited to, finished and unfinished drawings, sketches,
photographs,models,and designs up to the effective date of termination.
4.5. Incapacity of Artist.
a. In the event 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 finished
and unfinished drawings, sketches, photographs, models, and any other work shall automatically
become property of City.
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b. Should Artist's Final Design have been approved, in the event of termination under this Article 4.5,
City shall have the right to complete the Work. Due regard shall be made for Artist's intended
results and proper credit and acknowledgement shall be given to Artist.
ARTICLE 5
DISPUTE RESOLUTION
If either Artist or City has a claim, dispute, or other matter in question for breach of duty, obligations,
services rendered or any warranty that arises under this Agreement,the Parties shall first attempt to resolve these
issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon
as practicable after discovering the claim, dispute,or breach. The notice shall state the nature of the dispute and
list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both
parties shall make a good faith effort, either through email,mail,phone conference, in person meetings,or other
reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of, or in
connection with this Agreement.
If the Party fails 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 Artist
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 4.3)
ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. 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,
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Work, and all other work products under this Agreement shall become the property of City, without
restriction on future use,except as provided below.
6.2. 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.
6.3. 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,
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. City agrees not to reuse any documents, models and/or
drawings that constitute or are components of the Work and/or the Artwork Design, in whole or in
part, to make a reproduction of the Artwork Design or the Work, nor shall City grant permission to
others to do so except with the express written permission of the Artist. Regardless of the previous
sentence, Artist expressly agrees that, without the need for additional permission, City may use any
documents, models and/or drawings that constitute or are components of the Work and/or the
Artwork Design, in whole or in part, to produce the Artwork Design or the Work if Artist does not
enter into a fabrication or commission agreement with the City, if Artist dies or becomes
incapacitated,or if this Agreement is terminated.
C. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the
following form:V date,Artist's name."
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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 7
WARRANTIES OF TITLE AND COPYRIGHT
Artist represents and warrants that:
a. Artwork Design and/or Work shall be the original product of the Artist's sole creative efforts.
b. 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;
C. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Artwork
Design and/or Work or any copyright related thereto that may affect or impair the rights granted
pursuant to this Agreement;
d. Artwork Design and/or Work(or duplicate thereof)have not been accepted for sale elsewhere;
e. Artist has the full power to enter into and perform this Agreement and to make the grant of rights
contained in this.Agreement;and
f. All services performed hereunder shall be performed in accordance with all applicable laws,
regulations,ordinances,etc.,and with all necessary care, skill and diligence.
ARTICLE 8
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and services hereunder as an independent contractor, and not as an
officer, agent, servant or employee of City. Artist shall have exclusive control of, and the exclusive right to
control the details of the work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of his/her officers, agents, employees and subcontractors. Nothing
herein shall be construed as creating a partnership or joint venture between City and Artist, his/her officers,
agents, employees and subcontractors, and doctrine of respondent superior has no application as between
City and Artist.
ARTICLE 9
INDEMNIFICATION
9.1. GeneralIndemnity.
a. ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND
DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL
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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 INTENTIONAL OR NEGLIGENT ACT,
ERROR, OR OMMISSION OF ARTIST AND/OR ARTIST'S SUBARTISTS 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 by Artist in connection with or incidental to performance under this
Agreement.
C. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in
favor of City in substantially the same form as above.
9.2. Intellectual Property.
Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws
and any other regulations, including, but not limited to, the assumption of any and all responsibilities for
paying royalties that are due for the use of other third party copyrighted works by Artist. City expressly
assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial
obligations. City specifically does not authorize, permit, or condone the reproduction or use of copyrighted
materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS
FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES,
ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT
LIMITED TO,ATTORNEY'S FEES,TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF
CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL
COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 12 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
ORIGINALITY.City expressly assumes no obligation to review or obtain appropriate licensing and all such
licensing shall be the exclusive obligation of Artist.
ARTICLE 10
EQUAL OPPORTUNITY
a. Artist shall not discriminate against any employee or applicant for employment because of age,
disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender,
gender identity, or gender expression. Artist shall take affirmative action to ensure that employees
are treated equally during employment, without regard to their age, disability, race, color, religion,
sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender
expression. Such action shall include, but not be limited to, the following: Employment, upgrading,
demotion, transfer, recruitment or pay or other forms of compensations, and selection for training,
including,but not limited to, apprenticeship. Artist agrees to post in conspicuous places,available to
employees and applications for employment, notices to be provided by the City setting forth the
provision of this nondiscrimination clause.
b. Artist shall in all solicitation or advertisements for employment placed on or on behalf of the Artist,
state that all qualified applicants shall receive consideration for employment without regard to race,
color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity,
or gender expression.
C. Artist shall furnish all information and reports requested by City, and shall permit access to its
books, records, and accounts for purposes of investigation to ascertain compliance with such rules
and regulations.
d. 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 the City.
ARTICLE 11
MISCELLANEOUS
11.1. Compliance.
Artist shall comply with all Federal, state and local statutes, ordinances and regulations applicable to
the performance of Artist's services under this Agreement.
11.2. Entire Aueement.
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.
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 13 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
11.3. Amendments.
No alteration, change, modification or amendment of the terms of this Agreement shall be valid or
effective unless made in writing and signed by both parties hereto and approved by appropriate action of the
City.
11.4. Waiver.
No waiver of performance by either party shall be construed as or operate as a waiver of any
subsequent default of any terms,covenants,and conditions of this Agreement. The payment or acceptance of
fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective
performance.
11.5. Governing Law and Venue.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be
construed in accordance with the laws of the State of Texas.
11.6. Successors and Assigns.
Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of
the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such
prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of
City and Artist and their respective successors and permitted assigns.
11.7. No Third-Party Beneficiaries.
The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any
lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other
person or entity.
11.8. Severability.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
11.9. Force Majeure.
It is expressly understood and agreed by the parties to this Agreement that, if the performance of any
obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather;
governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots;
material or labor restrictions; transportation problems; or any other circumstances which are reasonably
beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the
same,regardless of whether any such circumstance is similar to any of those enumerated or not,the party so
obligated or permitted shall be excused from doing or performing the same during such period of delay, so
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 14 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
that the time period applicable to such design or construction requirement shall be extended for a period of
time equal to the period such party was delayed.
11.10. Contract Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel,have reviewed and revised
this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved
against the drafting party must not be employed in the interpretation of this Agreement or any amendments
or exhibits hereto.
11.11. Fiscal Funding Out.
If for any reason,at any time during any term of this Agreement,the Fort Worth City Council fails to
appropriate funds sufficient for 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.
11.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
11.13. Right to Audit.
Artist agrees that City will have the right to audit the financial and business records of Artist that
relate to the Work(collectively "Records") at any time during the Term of this Agreement and for three (3)
years thereafter in order to determine compliance with this Agreement. Throughout the Term of this
Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City or the
City's representative(s)following reasonable advance notice by the City and shall otherwise cooperate fully
with the City during any audit. City will use its best efforts to request electronic records when possible.
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 described in this Article 11.13.
11.14. Certified MWBE.
If applicable, Artist shall 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 City under the City's Business Diversity Enterprise Ordinance.
11.15. Survival Provision.
The provisions contained in Articles 4.5 (Incapacity of Artist), 6 (Ownership and Intellectual
Property Rights), 7 (Warranties of Title and Copyright), 8 (Artist as an Independent Contractor), 9
(Indemnification),and 11.13 (Right to Audit)shall survive the termination or expiration of this Agreement.
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 15 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
11.16. Counterparts and Electronic Si ng ate.
This Agreement may be executed in several counterparts, each of which will be deemed an original,
but all of which together will constitute one and the same instrument. A signature received via facsimile or
electronically via email shall be as legally binding for all purposes as an original signature.
11.17. Time Extensions.
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this
Agreement.
11.18. Israel.
Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City
is prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. If Artist is considered a "company,"by
signing this Agreement,Artist certifies that Artist's signature provides written verification to the City that
Artist.(1)does not boycott Israel,and(2) will not boycott Israel during the term of the Agreement
ARTICLE 12
NOTICES
All notices, requests, demands, and other communications which are required or permitted to be given under
this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or 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: Jesus J.Chapa,Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth,TX 76102
Copies to: Sarah Fullenwider,City Attorney
Office of the City Attorney
200 Texas Street,Third Floor
Fort Worth,TX 76102
Martha Peters,Director of Public Art
Arts Council of Fort Worth&Tarrant County
1300 Gendy Street
Fort Worth,TX 76107
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 16 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
2. ARTIST: Patrick Dunn,Principal
RDG IA Inc.
512 Elm Street
Des Moines, Iowa 50309
IN WITNESS HEREOF,the Parties hereto have executed this Agreement on the Effective Date.
CITY OF FORT WORTH ARTIST
by: by:
Jesus J. Chapa Patrick Dunn
Assistant City Manager Principal, RDG IA Inc.
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.
T
r
ame: Michelle ichardson
Title: Public Art Project Manager
APPROVE TO FORM AND LEGALITY:
Jessica Sangsv g s'
Senior Assistan Ci Atto
Form 1295: N/A w•"` `
ATTESTED BY-. ®.
Mary Ka e
City Secreta j ;; r�,
No M&C Required
Agreement Between the City of Fort Worth and OFFICIAL RECORD
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, CITTOECR RY
For Final Design of Public Art for Lake Como Park Execution Dpi=IL19-WORTH,
TX
Exhibit A: Conceptual Proposal
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�. ..
J.
4
A
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 18 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
Exhibit B: Project Outline
�! rAM
Lake Como Park
Public Art Project Outline
PARK/PROJECT HISTORY
The Como Community is a historically African-American neighborhood that was established between 1905
and 1906 on land that was a part of Chamberlin Arlington Heights,developed as a residential area with a
lake resort in the late 1880s. Lake Como as built in 1890 to provide water for an electric power plant and
was enjoyed by fishermen as part of the resort. At the time, it was considered to be the show space of Fort
Worth with a dance pavilion and boat house among other amenities. In 1948,community leader W.H.
Wilburn,Sr.,became the head of a new Lake Como Community Center. In 1950,Amon Carter,Sr.,owner of
the Fort Worth Star Telegram,acquired 70 acres of property, including the lake,which was given to the City
of Fort Worth on October 29, 1951,stipulating that the property was to be"developed and used as a Negro
Park."The first Lake Como Day was held July 4, 1951,with a parade to honor African-American war
veterans.Today,a beloved historic area within the community,the park is utilized for special celebrations
such as the annual Lake Como Day.
In 2006, Park and Recreation Department staff put the Lake Como Planning Committee in touch with FWPA
staff to discuss the creation of a commemorative public art project in Lake Como Park. FWPA held a Lake
Como Park Public Art Planning Workshop on July 3-5, 2006, in which local artists Anitra Blayton, David
Burke,Sedrick Huckaby,Shelby Means and Burl Washington, along with Texas artists Mel Ziegler and
Leamon Green, identified challenges and opportunities for the park after conducting a site visit and
informally surveying attendees at the Lake Como Day Parade and Celebration. Soon after,Anitra Blayton
and Mel Ziegler were selected to further develop the workshop recommendations and create a Lake Como
Park public art master plan.
In 2012, Blayton and Ziegler presented their preliminary plan to the Lake Como Planning Committee and
the Fort Worth Art Commission,which identified both aesthetic and functional elements to increase the
community's use and enjoyment of the park through improvements to existing infrastructure and the
addition of new park amenities all with integral art elements commemorating important people and events
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 19 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
of the Como Community's history. In 2015,the final draft plan was presented to the community for input
in 2015 at the beginning of the City's Ridglea/Como Neighborhood Empowerment Zone planning process
and at Mayor Betsy Price's FitWorth Block Party at Lake Como Park.
A garden theater concept(2012)and an integral art concept for planned new railing along the portion of
Merrick Street that crosses over Lake Como(2015)were both explored for Lake Como Park's inaugural
public artwork.
The master plan titled,Commemoration Park:A Life Force/Soul, Spirit, Mind, and Heart,seeks to improve
park infrastructure while creating commemorative art projects of all artistic mediums to thoughtfully and
actively acknowledge the Lake Como Planning Committee's designated"Pioneers, Legends and Heroes". It
was approved by the Art Commission on February 12, 2018.
PUBLIC ART SITE AND APPROACH
The Lake Como Park is located on 3401 Lake Como Drive in southwest Fort Worth (south of Interstate 30
and north of W.Vickery Boulevard). The park is bisected by Merrick Street which sits atop the lake's
earthen dam. The surrounding area is primarily residential neighborhoods,with Como to the west and
Arlington Heights to the east.
The Lake Como Park Public Art Project Core Team met on April 9, 2018,at which time they reached
consensus on the concept of capturing the historic moment when Lake Como Park founder,journalist and
publisher,W. H. Wilburn,Sr.,secured the gift of land from Amon G. Carter,Sr., suggesting a sculpture of
the two men shaking hands.Additionally,they would like the work to have an interactive component that
elaborates on the history of the area. Project Core Team members also expressed interest in having the
artwork to be placed in such a way that it is a welcoming gesture to visitors entering the park that entices
park visitor to connect to the historical significance on a profound level and to identify with the successes of
an unyielding, unified community.
PUBLIC ART BUDGET
The total project budget is$231,000.00($151,000.00 from the 2004 Bond Program(Proposition 1 and
$80,000.00 from the Public Art Fund. The project is included in the Fort Worth Public Art Fiscal Year 2018
Annual Work Plan, which was adopted by the Fort Worth City Council on October 17, 2017 (M&C G-19139).
PROJECT CORE TEAM
1. John Hudson
2. Ella Burton
3. Larry Crockett
4. Carol Brown
5. Ethelene McCullough
6. Elouise Burrell
7. Herman Williams
8. Leslie Polk
9. Phyllis Jackson
10. Dorothy DeBose
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 20 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
ARTIST SELECTION PROCESS
SELECTION PANEL MEETING#1(SELECTION OF FINALISTS)
FWPA staff shall present a pool of 6-8 qualified artists from the Fort Worth Public Art Pre-Qualified List of
Artists as well as additional artists invited to participate.Artists will be contacted prior to being considered
by the Artist Selection
Panel,to ascertain their interest and availability.The Artist Selection Panel shall review the artists'
qualifications and select 3 finalists and one alternate.
ARTIST/FINALIST ORIENTATION:
The artist finalists shall participate in an orientation on site to be further familiarized with contextual
surroundings.The Project Core Team,Artist Selection Panel and Advisors,shall be invited to participate in
the orientation.After orientation,the artists will create a conceptual proposal.
SELECTION PANEL MEETING#2 (CONCEPTUAL DESIGN PRESENTATIONS)
The Artist Selection Panel shall hear presentations by the three artist/finalists and ask questions pertinent
to the project.The Panel will then recommend one artist and one alternate for the project. Upon the
FWAC's approval of the Panel's recommendation,a Final Design Contract will be executed with the selected
artist.
ARTIST SELECTION PANEL(Voting)
1. John Hudson, Elected Project Core Team Member
2. Estrus Tucker, Fort Worth Art Commissioner and Como Community Resident
3. Anitra Blayton, Local Artist and Lake Como Public Art Master Plan author
4. Erika Meredith, Crossroads Studio,Artist and Arts Educator
5. Elias Christopher Wilson, Local Artist
ADVISORS(Non-voting)
1. Michael Crain, District 3 Director
2. Stephanie Culver, Park and Recreation Advisory Board, District 3
3. Richard Zavala, Park and Recreation Department Director
4. Tonda Rice, Park and Recreation Department
5. Patrina Newton, Planning Department
6. Other Project Core Team Members
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 21 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
EXHIBIT C: THE SITE
_ � Yost Fwy.
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Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 22 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
EXHIBIT D: BUDGET
PROJECT 13UDGET ARTIST PROJECT BUDGET ARTIST
PROJECTDEVELOPMENT TEMPLATE PROJECT
• T-EMCOSTS
FEES INSTALLATION
Artist fee Transportation
Design(Preliminary/Final) Permits
Professional fees Site preparation/remediation
Engineer Footings/foundations
Architect Electrical connections/modifications
Lighting Designer Labor
Conservator Equipment rental
Other Traffic control
SUB-TOTAL FEES Security
SUBTOTAL INSTALLATION
TRAVEL
Transporation OVERHEAD
Lodging Insurance(prorated)
Per diem(meals and incidentals)
Studio assistant(hours x$per hour)
SUB-TOTAL TRAVEL
SUB TOTAL OVERHEAD
FABRICATION
Artist administration(hours x$per hour) CONTINGENCY
Materials
Artist labor(hours x$per hour) GRAND TOTAL ARTIST
Labor PROJECT COSTS
Rentals(equipment,space,etc.)
Storage
SUB-TOTAL FABRICATION
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 23 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
EXHIBIT E: 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
$I,000,000 Each accident
or
$250,000 Bodily Injury per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and
non-owned.
For Artist and/or Artist's Subcontractors who have employees: Workers'Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Bodily Injury/Disease-policy limit
Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas
workers' Compensation Act(Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.).
GENERAL POLICY REQUIREMENTS
The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers,
Employees and Volunteers as an "Additional Insured" on all liability policies. Exception: the additional
insured requirement does not apply to Workers' Compensation or Automobile policies.
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 24 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
Artist is responsible for providing the City a thirty day (30) notice of cancellation or non-renewal of any
insurance policy and may not change the terms and conditions of any policy that would limit the scope or
coverage, or otherwise alter or disallow coverage as required herein.
The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) in favor of the
City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of
Texas. If the subcontractor is an international entity and carries insurance through an international insurance
company, then the subcontractor must obtain language on their certificate of insurance confirming that its
insurance policy extends coverage to operations in the United States. All insurers must have a minimum
rating of A-VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of
Risk Management is required.
If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance
for any differences is required. Excess Liability shall follow form of the primary coverage.
Unless otherwise stated, all required insurance shall be written on an"occurrence basis."
The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to
and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and
stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance
pools or risk retention groups,must also approved by City's Risk Manager.
City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable
adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon
changes in statutory law, court decision or the claims history of the industry as well as of the contracting
party to City of Fort Worth. City shall be required to provide prior notice of ninety days.
City shall be entitled, upon request and without expense, to receive copies of policies and endorsements
thereto and may make any reasonable requests for deletion or revision or modifications of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are established by law or
regulations binding upon either of party or the underwriter on any such policies.
Agreement Between the City of Fort Worth and
RDG IA Inc.d/b/a RDG Dahlquist Art Studio, Page 25 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19
EXHIBIT F: TAX EXEMPTION
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Agreement Between the City of Fort Worth and
RDG IA Inc,d/b/a RDG Dahlquist Art Studio, Page 26 of 26
For Final Design of Public Art for Lake Como Park Execution Copy 2/21/19