HomeMy WebLinkAboutContract 45564 (2)CITY$Ecmn GOMTRAC7 M0. Sb712t/
AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK
BETWEEN THE CITY OF FORT WORTH
AND BENITO HUERTA
This Agreement is entered into this 5 day of rri ti L , 2014, 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 Benito Huerta, an individual residing at 1128 West Park Row Drive,
Arlington, Texas. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage
this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project
manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort
Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of
artists into the development of the City's capital infrastructure improvements, and to promote tourism and
economic vitality in the City through the artistic design of public spaces;
WHEREAS, City is designing and constructing park improvements in the Marine Creek Park
Corridor, which includes Rodeo Park, Lincoln Park, Marine Creek Linear Park and Buck Sansom Park;
WHEREAS, on December 2, 2011, City and Artist made and entered into City Secretary Contract
No. 42623, under which Artist worked collaboratively with the City's Parks and Community Services
Department staff to create a master plan and design of public art/design enhancements for the Marine Creek
Park corridor.
WHEREAS, the Fort Worth Art Commission ("FWAC") approved the Marine Creek Park corridor
public art master plan on March 18, 2013, and the final designs of public art/design enhancements for the
Site on August 6, 2012;
WHEREAS, City has set aside funds to design and commission public art/design enhancements in
conjunction with park improvement projects from the 2004 capital improvements program, as included in the
Long Range Public Art Plan for the 2004 CIP that was adopted by the Fort Worth City Council on May 17,
2005 (M&C G-14801),
WHERAS, the FWAC recommended additional funds for the project from the Specially Funded
Capital Projects Fund (Public Art Fund) in the Fiscal Year 2014 Annual Work Plan and Budget, adopted by
the Fort Worth City Council on November 12, 2013 (M&C C-26557) as part of the City's agreement with the
Contract Manager for administration of the public art program;
WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall
be fabricated, delivered, and installed at the Site.
Agreement for Commission of Public Artwork with Benito Huerta Page 1 of 32
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1.15. Site — Means the Marine Creek Park Corridor, which includes Rodeo Park, Lincoln Park,
Marine Creek Linear Park and Buck Sansom Park, which are more particularly described on Exhibit "B,"
attached hereto and incorporated herein by reference for all purposes.
1.16. Work — Means and includes the finished object(s) of art and design that are the subject of
this Agreement, or any intermediary stage of completion of such work.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that Artist's Artwork Design was reviewed and approved by the FWAC on
August 6, 2012, and is the basis for executing this Agreement with Artist.
2.2. Scone of Services.
a. Artist shall perform all services and shall furnish all supplies, materials, and equipment as necessary
for fabricating, delivering, and installing the Work at the Site. Services shall be performed in a
professional manner and in strict compliance with all terms and conditions in this Agreement.
b. Artist shall determine the artistic expression, scope, design color, size, material, and texture of the
Work, subject to review and acceptance by City as set forth in this Agreement. The location at the
Site where the Work shall be installed shall be mutually agreed upon by City and Artist.
c. Artist upon request of Contract Manager, shall provide information and/or attend meetings with
appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and
permitting
d. Artist shall meet and coordinate with City staff and others, as necessary, to ensure proper integration
of the Work into the Site.
e. Upon request of City, Artist shall consult with a qualified art conservator and shall provide written
maintenance recommendations for the Work from said conservator to the Contract Manager.
f. Artist shall participate in one public education event in Fort Worth, Texas at a mutually agreed upon
date and time.
Artist shall deliver and install the Work in accordance with the terms of this Agreement.
2.3. City Assistance.
Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the
extent that such materials are available. City, upon request by Artist, shall also provide correct scaled
drawings of the Site, if available.
2.4. Execution of Work
a. Artist shall furnish the Schedule to the Contract Manager within fifteen (15) business days after the
Effective Date. After written approval of the Schedule by City, Artist shall fabricate, deliver, and
Agreement for Commission of Public Artwork with Benito Huerta Page 3 of 32
responsible for attaching the six (6) bird-themed fencing panels to the fencing component of
the Project and installing them as a part of the larger fencing component throughout the Site.
e. Should Artist complete the Work in advance of the completion of the Site, Artist shall store or cause
to be stored the Work at no expense to City until such a time as the Site is completed and the
Contract Manager notifies Artist that installation may commence.
f. Artist, individually and through its subcontractors, including its fabricator and/or installer, shall take
all necessary precautions to protect and preserve the integrity and finish of the Site while delivering
and installing the Work. If City determines, in its sole discretion, that Artist or Artist's
subcontractors have damaged the Site, then City shall inform Artist, in writing, of the damage. Artist,
at his/her own expense, shall have thirty (30) days from receipt of City's written notice to repair the
damage to the Site to the satisfaction of City. If Artist fails to repair the damages to the satisfaction
of City within thirty (30) days after receipt of the notice, or within the deadline otherwise agreed to
by the parties, then City shall have the right to deduct the cost of repairs from any remaining
payment due to Artist under this Agreement, which shall be in addition to any and all other rights
and remedies available to City at law or in equity.
g. Upon City's request, prior to installation of the Work, Artist shall consult with a qualified art
conservator and provide to Contract Manager written instructions for appropriate maintenance and
preservation of the Work on the form attached hereto as Exhibit "C" (Technical and Maintenance
Record). The appropriate maintenance and preservation instructions shall not be substantially
different from the maintenance and preservation anticipated and conveyed to City for the Work in
the final design phase for the Work.
2.6 Post -installation.
a. Within thirty (30) days after the installation of the Work, Artist shall furnish Contract Manager with
a set of at least ten (10) high -resolution digital images and ten (10) low -resolution digital images
(.jpeg format) showing the Work from at least two vantage points, including detail shots, with at
least three (3) of these images showing the Work installed, as selected by Contract Manager, to
document the Work after the Work is installed.
b. Artist shall make his/her best effort to be available at such time(s).as may be set by the City to attend
any inauguration or presentation ceremonies relating to the transfer of the Work to City. City shall
use its best efforts to arrange for publicity for the completed Work in such art publications and
otherwise as may be determined between City and Artist as soon as practicable following
installation.
c. For the duration of the Agreement, if Artist intends to seek its own publicity for the Work, such
efforts and/or press releases must be approved, in advance, by City.
Agreement for Commission of Public Artwork with Benito Huerta Page 5 of 32
i. TWELVE THOUSAND DOLLARS AND NO CENTS ($12,000.00) upon execution of
this Agreement.
ii. TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) upon Contract Manager's
verification of 50% fabrication of the Work.
iii. FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) upon Contract Manager's
verification that the Work is ready to install.
iv. ONE THOUSAND, EIGHT HUNDRED SIXTY-SIX DOLLARS AND NO CENTS
($1,866.00) within thirty-five (35) days after Final Acceptance and receipt by City of such
documentation it may require concerning payment of services and supplies rendered to Artist
(see Article 2); provided, however, that final delivery shall not be tendered prior to the
expiration of thirty (30) days after Final Acceptance.
3.3. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon
the Work. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the same form
as that attached hereto as Exhibit ` E" for use by Artist in the fulfillment of this Agreement.
3.4. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the performance of this
Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on
submissions to City and/or Contract Manager, cost of all travel, and costs for Artist's agents, consultants,
and/or employees necessary for the proper performance of the services required under this Agreement.
ARTICLE 4
TERM AND TIME OF PERFORMANCE
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 Completion of Artist Services.
Artist shall bear any transportation and storage charges incurred from the completion of his or her services
prior to the time provided in the schedule for delivery.
4.4. Time Extensions; Force Maieure.
Agreement for Commission of Public Artwork with Benito Huerta Page 7 of 32
consistent with professional conservation standards (in accordance with the American Institute of
Conservation (AIC) Code of Ethics and Guidelines for Practice) and/or construction standards,
including, but not limited to, any standards set forth by City, within thirty (30) days after receipt of
the written notice, at no expense to City.
d. If, within one year after Final Acceptance, City observes any breach of warranty described in this
Article 5.2 that is not curable by Artist, Artist is responsible for reimbursing City for damages,
expenses, and losses incurred by City as a result of the breach. However, if Artist disclosed the risk
of this breach in the proposal and City accepted that it may occur, it shall not be deemed a breach for
purposes of this Article 5.2.
e. If, after one year from Final Acceptance, City observes any breach of warranty described in this
Article 5.2 that is curable by Artist, City shall give written notice to Artist to make or supervise
repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall notify City, in writing,
within thirty (30) 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 -day (30) 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 all credits be removed from the Work and reproductions thereof until the Work's condition is
satisfactorily repaired.
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b. Artist agrees to and shall release City from any and all liability for injury, death, damage, or loss to
persons or property sustained or caused by Artist in connection with or incidental to performance
under this Agreement.
c. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in
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.
6.5 Survival
All indemnification provisions of this Agreement shall survive the termination or expiration of this
Agreement.
ARTICLE 7
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1. Title.
Title to the Work, including, but not limited to all documents, models, and drawings that constitute or are
components of the Artwork Design and Work shall pass to City upon Final Acceptance and payment for the
Work. These documents, models and drawings will be retained for archival and exhibition purposes.
Artist's Artwork Design and Work and all other work products under this Agreement shall become the
property of City without restriction on future use, except as provided below.
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.
Agreement for Commission of Public Artwork with Benito Huerta Page 11 of 32
City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work.
City shall reasonably assure that the Work is properly maintained and protected, taking into account the
maintenance instructions provided by Artist in accordance with Section 2.5 and Exhibit "C."
8.3. Repairs and Restoration.
a. City shall have the right to determine when and if repairs and restorations to the Work will be made.
During Artist's lifetime and to the extent practicable, City shall give Artist the right to approve all
major repairs and restorations; provided, however Artist shall not unreasonably withhold approval
for any repair or restoration of the Work. Should Artist unreasonably withhold approval of any
intended repair or restoration, City shall have the right to make such repair or restoration. To the
extent practicable, Artist, during Artist's lifetime, shall be given the opportunity to make or
personally supervise major repairs and restorations and shall be paid a reasonable fee for any such
services, provided that City and Artist shall agree, in writing, prior to commencement of any
significant repairs and restorations, upon Artist's fee for such services. Should Artist fail to agree to
make or supervise the repairs and restorations, City shall have the right to choose another entity or
person to assist with the restoration and/or repairs or make said repairs by City.
b. All repairs and restorations shall be made in accordance with recognized conservation standards (in
accordance with the American Institute of Conservation (AIC) Code of Ethics and Guidelines for
Practice) and/or construction standards, including, but not limited to, any standards set forth by City.
c. City may require Artist to submit professional documents supporting Artist's proposal for repairs and
restorations prior to commencement of repairs or restorations.
d. When emergency repairs are necessary to prevent the loss of or further damage to the Work or to
prevent risks to the public, such repairs shall be undertaken or arranged by City without advance
notice to Artist, and such repairs shall not be deemed to constitute artistic alteration.
8.4. Alteration of the Work or of the Site.
a. In the event that the Work is incorporated into a building, structure or realty, the installation of the
Work may subject it to destruction, distortion, mutilation or other modification by reason of its
removal. If removal of the Work would damage either the Work or the Site, City shall have the right
to remove the Work by any means, including destruction, in performing maintenance, repair,
renovation, or reconstruction of the building, structure or in devoting realty to a new use. City may
give Artist written notice of its intent to take such action under this paragraph.
In the event that the Work is freestanding, or incorporated into a building, structure or realty such
that it may be removed without damaging or destroying the Work or the building or structure, Artist
may be given written notice and ninety (90) days to remove the Work at his or her sole expense.
Agreement for Commission of Public Artwork with Benito Huerta Page 13 of 32
indemnification and release provisions. Artist shall provide information regarding all subcontractors,
including its fabricator, along with a copy of the subcontract between Artist and each subcontractor to the
Contract Manager.
ARTICLE 11
TERMINATION
11.1. Gratuities.
City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts or otherwise
were offered or given by Artist or any agent or representative to any City or Contract Manager official or
employee with a view toward securing favorable treatment with respect to the awarding, amending, or
making of any determinations with respect to this performance of this Agreement. In the event this
Agreement is canceled by the City, pursuant to this Article 11.1, City shall be entitled, in addition to any
other rights and remedies, to recover from Artist a sum equal in amount to the cost incurred by Artist in
providing such gratuities.
11.2. Death or Incapacity of Artist.
a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term
of this Agreement, City shall have the right to terminate this Agreement on payment to Artist or
Artist's successors for all work and services performed prior to death or incapacity. All work
product produced by Artist, including, but not limited to, finished and unfinished drawings, sketches,
photographs, models, and designs, up to the effective date of termination shall become property of
City.
b. In the event of termination under this Article 11.2, 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. This provision shall survive the termination or expiration
of this Agreement.
11.3 Termination for Convenience.
a. The services to be performed under this Agreement may be terminated by either party, subject to
written notice submitted thirty (30) calendar days before ternination.
b. If the tennination is for the convenience of City, City shall pay Artist pursuant to the payment
provision in Article 3 and Artist shall continue to provide the City with services requested by City
and in accordance with this Agreement up to the effective date of termination. Upon payment in full
of all monies due for services provided up to the effective date of termination, City shall have the
right, in its sole discretion, to possession and transfer of all work product produced by Artist under
this Agreement, including, but not limited to, finished and unfinished drawings, sketches,
photographs, models, designs and the Work up to the effective date of termination.
Agreement for Commission of Public Artwork with Benito Huerta Page 15 of 32
copies to the public as well as display said Artwork Design and Work, the same to be held
and employed by City for City's own benefit and use and for the benefit and use of City's
successors, assigns, and legal representatives forever;
(4) Artist shall have no copyright or other property interest in the Artwork Design, Work,
and any other work product under this Agreement and any prior agreement for the Work;
and
(5) Artist, pursuant to this Article 11.4, hereby acknowledges the rights of attribution and
integrity conferred by Section 106A(a) of Title 17 of the U.S. Code (as amended or as it
may be amended in the future) Titled "Visual Artists Rights Act," and any other right of the
same nature granted by U.S. federal, state, or foreign laws, and of his/her own free act
hereby waives such rights with respect to any and all uses of the Artwork Design, Work, and
all other work product under this Agreement and/or any prior agreement as a public artwork.
Nothing in this Article 11.4 shall affect the survival of Articles 5 (Warranties), 6 (Insurance
and Indemnity), and 9 (Artist as an Independent Contractor) of this Agreement, which shall
remain in full force and effect upon termination of this Agreement.
ARTICLE 12
DISPUTE RESOLUTION
a. If either Artist or City has a claim, dispute, or other matter in question for breach of duty, obligations,
services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to
resolve these issues through this dispute resolution process. The disputing party shall notify the other
party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall
state the nature of the dispute and list the parry's specific reasons for such dispute. Within ten (10)
business days of receipt of the notice, both parties shall make a good faith effort, either through email,
mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute,
breach, or other matter in question that may arise out of, or in connection with this Agreement.
b. If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice
of the dispute, then the Parties shall submit the matter to mediation upon written consent of the
authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice
and Remedies Code and Chapter 2009 of the Texas Government Code, then in effect. Request for
mediation shall be in writing, and shall request that the mediation commence not less than fifteen (15) or
more than forty-five (45) calendar days following the date of request, except upon Agreement of the
Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of a
mutually agreed mediator within thirty (30) calendar days following the date of the request for
mediation, then all the conditions precedent in this article shall be deemed to have occurred. The Parties
Agreement for Commission of Public Artwork with Benito Huerta Page 17 of 32
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.
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 unpaired.
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 Fundina Out.
If, for any reason, at any time during any tern 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.
14.14. Right to Audit.
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2. ARTIST
Fort Worth, Texas 76102
Martha Peters, Vice President, Public Art
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
Benito Huerta
1128 West Park Row Drive
Arlington, Texas 76013
IN WITNESS HEREOF, the Parties hereto have executed this Agreement to be effective as of the
Effective Date.
CITY OF FORT WORTH
by:
Date:
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. Wallach
Assistant City Attorney
ATTESTED BY:
Mary J. Kayser
City Secretary
Contract Authorization:
M&C — No M&C Reouired
BENITO HUERTA
Date:
Agreement for Commission of Public Artwork with Benito Huerta Page 21 of 32
2. ARTIST
Fort Worth, Texas 76102
Martha Peters, Vice President, Public Art
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
Benito Huerta
1128 West Park Row Drive
Arlington, Texas 76013
IN WITNESS HEREOF, the Parties hereto have executed this Agreement to be effective as of the
Effective Date.
CITY OF FORT WORTH
by: � �if��•
Fernando Costa
Assistant City Manager
Date: S1/444=
APPROVED AS TO FORM
AND LEGALITY:
Tyler na
Assist ity Attorney
ATTESTED BY:
1
Mary J. Kayser
City Secretary
Contract Authorization:
M&C - No M&C Required
BENITO HUERTA
Date:
Agreement for Commission of Public Artwork with Benito Huerta Page 21 of 32
Exhibit A: Artwork Design (cont'd)
Concrete Design Impressions
(Branding)
Since there will be new concrete walkways poured throughout the parks, the idea here was to have
some humor sprinkled on the walkways by having cow hoof prints stamped into the wet concrete
achieved through a metal brand. People might playfully imagine that cows had actually walked
across the walkway as part of a cattle drive north.
Fencing Designs
woa-
11111111111-��I1
11
F
The landscape architects are utilizing part of Marine Creek Linear Park as wetlands and creating an
educational component to the wetlands. In keeping with that idea, there will be new fencing along
the hike and bike tiail that will go under the Long street bridge. At both ends of the regular metal
fencing, there will be two panels will each have sillouettes of an indigenous birds — a red shouldered
hawk and a belted kingfisher. Thus the enhanced fencing design will work well with the wetlands
educational component.
There will be three fencing locations that will receive two enhanced fencing panels each, totaling 6
bird-themed fencing panels.
Agreement for Commission of Public Artwork with Benito Huerta Page 23 of 32
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:
Pedestal or Pad Material:
Pedestal or Pad Dimensions:
Height
Width:
Width:
Location & Description of Signature Markings (or copyright)*
Depth:
Depth:
Agreement for Commission of Public Artwork with Benito Huerta Page 25 of 32
Casting Alloy, Wax Body, Glass or Fiber Type:
Finishes & Coatings (paint coloi and type, glaze, patina, any and all coatings including fixative,
UV, graffiti, etc. Please list vendors and contact information and provide all product information):
Pedestals, Foundations & Footings Mounting and Attachment Applications
(List all materials used to install artwork on site. Include vendor information, parts numbers,
warranties and agreements.)
Integrated Components
(List all components included in design and fabrication contracts that function as a part of the final
installation including but not limited to: lighting, media, landscaping, etc. Include all vendor
information, parts numbers, warranties and agreements and any/all design schematics):
Installation
Installation Date:
Installation Method: (describe installation method, provide photo documentation if available List
name and contact information of installation crew. Attach any diagrams or disassembly
instructions )
Agreement for Commission of Public Artwork with Benito Huerta Page 27 of 32
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 , 20 .
Notary Public, State of Texas
Print Name
Commission Expires
Agreement for Commission of Public Artwork with Benito Huerta Page 29 of 32
Exhibit F: Insurance Requirements
PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS
Artist shall meet all the following insurance requirements for this Project. If Aitist 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 contiol and shall include property "in tiansit."
Automobile Liability
$1,000,000
or
$250,000
$500,000
$100,000
Each accident
Bodily Injury per person
Bodily Injury per occurrence
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
$100,000
$500,000
Each accident/occurrence
Disease - per each employee
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 for Commission of Public Artwork with Benito Huerta Page 31 of 32