HomeMy WebLinkAboutContract 44899_ ;�,,,=`; _
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AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND DONNA LYNN DOBBERFUHL AND NED ALVIN DOBBERFUHL D/B/A
SCULPTURAL DESIGNS FOR FINAL DESIGN AND COMMISSION
OF PUBLIC ART FOR POLYTECHNIC / WESLEYAN URBAN VILLAGE
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This Agreement is entered into this �jl� day of _�' ;' ';�� i" ;, 2013, by and between the City of
Fort Worth, a home-rule municipal corporation of the State of TeYas, acting by and through its duly
authocized Assistant City Manager, and Donna Lynn Dobbei•fuhl and Ned Alvin Dobbel•fuhl, d/b/a Sculptucal
Designs, 1514 Broadway, San Antonio, Texas 78215. 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 Ai•t project �nanager.
WHEREAS, puisuant to Chapter 2, Sections 2-56 thi•ougll 2-61 of the Fort Worth Code of
Oi•dinances, the Fol•t Worth Public A�-t P�•ogcam's goals are to create an enhanced visual environment for Foi-t
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 currently implementing street and streetscape improvements in the 2700-3200
blocks of East Rosedale Street in the Polytechnic/Wesleyan Urban Village (between Connor and Collard
stl•eets) adjacent to Texas Wesleyan University in Council District 8;
WHEREAS, the Fort Worth Art Commission ("FWAC") recommended funds for an artworlc foe
the Site fi�om the Specially Funded Capital Projects Fund;
WHEREAS, it has been determined that 25 columns of the seating wall to be constructed along East
Rosedale Street in fi�ont of Texas Wesleyan Univeisity and the six kiosks to be constructed on the south side
of East Rosedale Sti•eet in fi•ont of the historic store fi•onts provide the best opportunity foj• public artwork;
WHEREAS, this ai•t Project was included in the Fiscal Year 2013 Annual Woj•k Plan and Budget,
adopted by the Foi�t Worth City Council on October 16, 2012 (M&C G25920) as part of the City's
agreement with the Contract Manager for administration of the public art program;
WHEREAS, on November 13, 2012, the City entered into a conh•act with Artist to develop
preliminaiy ai�twork design(s) for the Site (Fort Worth City Secretaiy Contract No. 43879);
WHEREAS, on March 18, 2013, the FWAC approved the Ai-tist's Preliminaiy Design, and
recommended that Artist be retained to develop a Final Design based upon the Pi•eliminai•y Design for public
artwork to be incorporated into the Site, and, upon City approval, fabricate, deliver, and install the Work at
the Site; and
WHEREAS, City and Actist wish to set out the terms and conditions under which said Work shall
be designed, fabricated, delivered, and installed to promote the integrity of
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Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban
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represented by the Work, including coordination with City's project consultant, Fceese and Nichols.
NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements
hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following terms shall have the meanings as set forth below:
1.1. Agreement — Means and includes this Agreement between the City and Artist far Final
Design and Commission of public artwork for the Site.
1.2. Artist — Means and includes Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl, d/b/a
Sculptural Designs.
1.3. Arhvork Design — Means and includes both the Preliminary Design and Final Design of the
Work, which are defined in 1.3.a. and 1.3.b. below.
1.3.a. Prelimina�y Design — Means all preliminary di•awings, sketches, prototypes,
maquettes, models, nar�•ative descriptions, budget estimates, and the like that were created by
Artist in connection with the Preliminary Design Contract, depictions of which are attached
hereto as Exhibit "A" and incotporated herein for all pu►•poses.
1.3.b. Final Design — Means the Artist's fnal, proposed design of the Work for the Site,
which is based upon the City-approved Preliminary Design and include, 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/oj• its officers, directors, employees, agents, subsidiary organizations, parent organization,
successor corporations, assigns, predecessors, stockholders, administrators, and related companies.
1.5. City — Means and includes the City of Fort Worth, Texas and its officers, representatives,
agents, servants, and employees.
1.6. Effective Date — Means and includes the date represented in the first paragraph of this
Agj•eement, which shall be the official date of execution of this Agreement.
1.7. Execution Phase — Means and includes fabrication, delivery, and installation of the Work.
1.8. Final Acceptance - Means City's written acicnowledgement to Artist that all services
for fabrication, delivery, and installation of the Work have been completed in accordance with the
terms of this Agreement.
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1.9. 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.
1.10.
1.11
Parties — Means and includes City and Artist.
Project — Means and includes the capital improvement or public art development
undertaking of City for which Ai�tist's seivices are to be provided pursuant to this Agreement.
1.12.
design the Site.
1.13.
Project Consultant — Means and includes the design firm/professional(s) hired by City to
Project Stalceliolders — Means and includes the appropriate City Council Member(s), and
their appointed community representatives and the Fort Worth Art Commission's appointed representative
and others as may be appropriate.
1.14 Schedule - Means and includes a wt•itten plan of procedure for completion of fabrication,
delivery, and installation of the Wo1•k, including, but not limited to, the submission of progress repoi�ts.
1.15. Site — Means the 2700-3200 blocks of East Rosedale Street in the Polytechnic/Wesleyan
Urban Village (between Connor and Collard streets) adjacent to Texas Wesleyan University in Council
District 8 and includes 25 columns of the seating wall to be constructed along East Rosedale Street in front of
Texas Wesleyan University and the six kiosks to be constructed on the south side of East Rosedale Street in
front of the historic store fi•onts, all of which are more particularly depicted in Exhibit "B," attached hereto
and incorporated herein by reference for all purposes.
1.16. Worlc — Means and includes the finished object(s) of art and design that are the subject of
this Agreement, or any intermediaiy stage of completion of such work.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that Artist's Preliminaiy Design was reviewed and approved by the FWAC on
March 18, 2013, and is the basis for executing this Agreement with Artist.
2.2. Scope of Services.
a.
b.
Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary
for developing the Final Design of the Work and for providing the Final Design Deliverables.
Services shall be perfortned in a professional manner and in strict compliance with all terms and
conditions in this Agreement.
Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the
Work, subject to review and input fi•om the Project Stakellolders and approval by City as set forth in
this Agreement.
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c. ArtisYs Final Design for the Work shall 1) utilize six hand-carved brick rose bas relief panels for the
kiosks, each approximately 4' 7" x 4', derived fi•om a single design by the Artist that shall be
incorporated into one side of each of the six kiosks to be built at the Site; and 2) a rose design
approximately l6" x 16" cast fi•om the Artist's original carving that shall be installed on the twenty-
five (25) columns of the seating wall.
d. Artist's shall also provide six historical photographs of the Polytechnic Wesleyan community, based
upon input fi•om the community, and Artist shall provide high resolution digital files of the six
historical photographs, as well as a written quote for fabrication and installation of bronze plaques
based on the digital files of the photographs from a qualified local fabi•icator/installer.
(1) Artist understands and acknowledges that this Agreement does not currently contemplate
fabrication of the six cast bronze plaques, but only those items listed in Article 2.2.c in
accordance with the terms of this Agreement. Should funding become available, the City
may opt to amend this Agreement to allow for the fabrication, deliveiy, and installation of
the bronze plaques. At�tist shall ensure that the City has the full and unrestricted legal right to
display the content of any such photographs at the Site, with all such documentation being in
writing and subject to the review and approval of the City. The location at the Site where the
bronze plaques will be installed shall be 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 Project Consultant for proper integration of the Work into the
Site and into the construction documents and to allow for sufficient structural support for the Work.
g. Upon request of City, Artist shall provide written maintenance recommendations for the Work to the
Contract Manager.
h. Artist shall present the Final Design to the appropriate City committee, City staff, Project
Stakeholders, and other City boards or commissions, as appropriate, for input and to the FWAC for
review and subsequent approval determination at dates and times mutually agreed upon.
i. Artist shall pai�ticipate in one public education event in Fort Worth at a mutually agreed upon date
and time.
j. Artist shall install the Work on dates and times mutually agreed upon by Artist and City.
k. Artist shall make a minimum of three trips to Fort Wor�th, Texas for meetings, pr•esentations and
installation as indicated above. Additional trips, if required per this Article, may be negotiated and
agreed upon in writing by City and Artist.
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2.3. City Assistance.
Upon request by Artist, City shall promptly f�irnish all information and materials requii•ed 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. Final Design Deliverables
a. Within three (3) months after the Effective Date, Artist shall pj•ovide services and ali supplies,
materials, and equipment necessaiy to provide certain deliverables, as set forth in this Article 2.4 to
City for approvaL Final Design Deliverables shall consist of the following:
(]) Detailed, design illustrations of the Worlc for the Site, which shall be at least 20" x 30" and
mounted on foam core and/or in a high resolution digital format, such as JPEG or TIF files,
showing the proposed Work from two vantage points with at least one illustt•ation showing
the Work's size and placement in relation to the Site.
(2) A final written narrative of the Work, describing the following: (1) the Final Design
concepts and timeline for completion; (2) proposed materials, fabrication, and installation
methods for all elements of the Work, including information regarding Artist's
subconti•actor(s), if any, for the Work; (3) maintenance requirements for all elements of the
Woi•k as dictated by Artist, along with cost estimates for annual maintenance; and (4)
proposed public education program or activity to be conducted by Ar•tist at a time mutually
agreed upon by the Parties.
(3) A detailed budget, on the budget form attached hereto as Exhibit "C," for fabrication and
installation of the Work in an amount not exceed THIRTY NINE THOUSAND AND
FIVE HUNDRED DOLLARS AND NO CENTS, ($39,500.00), which includes all costs
for materials, labor, fabrication, delivery, installation, insurance, transportation, remaining
ArtisYs fee, travel, and all other associated costs for the Work. Artist shall also prepare and
submit a separate itemized budget for fabrication of the historical photographic bronze
plaques, which shall be in addition to the $39,500.00.
(4) Comprehensive working drawings, detailing the means of installing all elements of the Work
on the Site, together with other such graphic material to permit City to carry oLrt 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 otller ►•elated graphic material prior to installation of the Work. Upon
City's request, drawings must be signed and stamped by an engineer and/or architect
licensed to work in the State of Texas. Ai•tist will provide the Contract Manager a certificate
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of insurance for each licensed professional and provide City with a 30-day notice of
cancellation of any policy required hereunder.
2.5. Final Desi�n Review.
a. Upon full completion of the Final Design Deliverables, Artist shall present t11e Final Design to the
FWAC for review and input at a regularly scheduled FWAC meeting.
b. After presenting to the FWAC for initial input, Artist shall meet with the designated Pj•oject
Stakeholders, City staff, and other City boards or commissions, as appropriate, to present the Final
Design, at a date and time mutually agreed upon, for input.
c. Artist shall then present the Final Design to the FWAC for approval at a regularly scheduled FWAC
meeting.
d. City shall notify Ai-tist of its appl•oval, or disapproval, of the Final Design, either in whole or in part,
within thii�ty (30) business days of Artist's presentation to the FWAC.
e. If City disapproves of the Final Design, either in whole or in part, then City shall inform Artist of
each r•evision to be made to the Final Design. City lnay require Artist to make such revisions to the
Final Design as City deems necessary in its sole discretion and/or for the Work to comply with
applicable statutes, ordinances, or regulations of any governmental regulatory agency having
jurisdiction over the Site for reasons of safety and security.
f. Artist shall have thirty (30) calendar days fi•om the date City informed Artist of the revision(s) to
present the revised Final Design in conformance with City's requirements.
g. If City disapproves of the resubmitted Final Design, any further Final Design resubmissions will be
by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the
Parties desire not to continue with the resubinission process, then this Agreement will autoinatically
terminate, with payment for work performed per the payment schedule in Article 3 up tht•ough the
date of termination. (See Article 10.4.d)
h. If ArtisYs Final Design is approved by City, then Artist's Final Design shall be incorporated into this
Agreement as an addendum, and shall become the basis for proceeding to the Execution Phase of this
Agreement.
i. Upon City's approval of the Final Design, Artist shall provide the Final Design presentation
materials to the Contract Manager to become pai-t of the City of Fort Worth Public Art archive
owned by City. These docutnents, models, and/or drawings will be t•etained for archival and
exhibition purposes. Artist's Final Design and all other work product under this Agreement shall
become the property of City, without restriction on future use (see Article 6).
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
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2.6 Execution of the Work
a. If City approves Artist's Final Design and authorizes Artist to proceed to the Execution Phase of this
Project, then Artist shall furnish to the Contract Manager a written Schedule within ten (10) business
days after such authorization by the Parties. After writteil approval of the Schedule by City, Artist
shall fabricate, delivel•, and install the Work i11 accordance with such Schedule. Schedule changes
may be accomplished by written agreement between Artist and City.
b. City and/or Contract Manager, upon written request, shall have the right to review the Work during
its fabrication and/or request visual documentation of the fabrication. Artist shall, upon written
request by the City and/or Contract Manager, provide a written progress report detailing the progress
made toward completion of the Work and the remainder of work to be done to complete the Work.
Artist shall comply with any request made by the City and/or Contract Manager pursuant to this
Article 2.6 within thirty (30) days after receipt of the written request.
c. Artist shall complete the fabrication of the Work in accordance with the City-approved Final Design.
Artist shall present to the Contract Manager, in writing, for further review and approval, any changes
in the scope, design, color, size, material, or texture of the Work. The Contract Manager, in its
discretion, shall determine whether the changes are significant and whether the changes conform to
the City-approved Final Design. If the Contract Manager, in its sole discretion, determines that the
changes are significant and do not conform with the City-approved Final Design, then the Contract
Manager shall, in light of the Final Design, determine whether a significant change requires City
approval. If the Contract Manager determines that the significant change(s) requires City approval,
then the change(s) may be presented to the FWAC for review and approval at a regularly scheduled
oi• special meeting of the FWAC. If any disputes arise thereafter, the Parties shall first attempt to
resolve those disputes in accordance with the dispute resolution process set foi�th in Article 11 of this
Agreement.
2.7. Delivery and Installation.
a. Construction of the Site, including, but not limited to, the design, engineet•ing, and labor associated
with preparing the Site to receive the Work shall be pe1•formed by others, and shall be done in
accordance with the specifications jointly agreed to by Artist, the Project Consultant, and City.
Artist is responsible for ensuring that these specifications are provided in accordance with the
schedule provided by City so that City can incorpot•ate them into the construction documents and
construction contract.
b. Artist shall notify City, through its Contract Manager, in writing, when fabrication of the Work is
completed and ready for delivery and installation at the Site.
Agreement with Donna lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
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c. Artist is responsible for installing all elements of the Work with the exception of Site preparation or
other elements included in the construction documents for the Site. Artist shall coordinate the
installation of the Work with City and Contract Manager to ensure proper installation with the
Schedule. Delivery and installation activities inay not commence until written permission is
delivered to Artist by the City.
d. Should Al•tist complete the Work in advance of the completion of the Site, Artist shall store the
Work at no expense to City until such a tirne as the Site is completed and the Contract Manager
notifies Artist that installation may commence.
e. Artist shall be responsible for all costs associated with the materials, fabrication, and installation of
the Work, including, but not limited to, equipment rentals, transportation, and labor.
f. Artist is responsible for obtaining and paying for all necessary permits.
g. Artist, individually and through its subcontractors, including its fabricator, shall take all necessary
precautions to protect and preserve the integrity and finish of the Site while delivering and installing
the Worlc. If City determines, in its sole discretion, that Artist or Artist's subcontractors have
damaged the Site, then City shall inform Artist, in writing, of the damage. Artist, at its own expense,
shall have thirty (30) 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)
after i•eceipt of the notice, or within the deadline otherwise agreed to by the parties, then City shall
have the right to deduct the cost of repaiis fi�om any remaining payment due to Artist under this
Agreement, which shall be in addition to any and all other j•ights and remedies available to City at
law or in equity.
h. Upon City's request, prior to installation of the Work, Artist shall consult with a qualified art
conservator and provide to the Contract Manager written instructions for appropriate maintenance
and preseivation of the Work on the form attached hereto as Exhibit "D" (Technical and
Maintenance Record). The appropriate maintenance and preservation instructions shall not be
substantially different fi•om the maintenance and preservation anticipated and conveyed to City for
the Work in the final design phase for the Work. �NOTE: The written instr•uctions p��ovided during
the final design phase of this project may fitlftll all or pari of this i^equirement to the extent that such
instr•uctions represent the final Technical and Maintenance RecordJ.
2.8. Post-installation.
a. Within thirty (30) days after the installation of the Work, Ai�tist shall furnish Contract Manager with
a set of at least fourteen (14) high-resolution digital images (.tiff format) and fourteen (14) low-
resolution digital images (.jpeg format) showing the Work fi•om at least two vantage points,
including detail shots of the carved brick rose bas reliefs on the six kiosks and the cast rose design
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
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elements on the seatwall, as selected by Contract Manager, to document the Work after the Work is
installed.
b. Artist shall make his/he►• best efforts to be available at such time or times as may be agi•eed between
City and Artist to attend any inauguration or presentation ceremonies relating to the transfer of the
Work to City. City shall use its best efforts to arrange for publicity for the completed Work in such
art publications and otherwise as may be determined between City and Ai�tist as soon as practicable
following installation.
c. For the duration of the Agreement, if Artist intends to seek his/her own publicity for the Work, such
efforts and/or press releases must be approved, in advance, by City.
2.9. Final Acceptance.
a. Artist shall notify City and Contract Manager, in writing, when all services for fabrication, delivery,
and installation of the Work have been completed in accordance with the terms of this Agreement.
Included in such notice fi•om Artist shall be an affidavit, attached hereto as E�Iibit "E" (Affidavit),
certifying that all bills t•elating to services or supplies used in the performance of this Agreement
have been paid.
b. City shall notify Artist, in writing, of its Final Acceptance of the Work.
c. Final Acceptance shall be effective as of the earlier to occur of (1) the date of City's notification of
Final Acceptance; or, (2) the 35th day after Artist has sent the written notice to City required under
this Article 2.9 unless City, upon receipt of such notice and prior to the expiration of the 35-day
period, gives Artist written notice specifying and describing anything that has not been completed
pursuant to this Agreement.
2.10. Risk of Loss
The 1•isk of loss or damage to the Woi•k shall be borne by Artist prior to Final Acceptance, and Artist shall
take such measures as are necessary to protect the Work fi•om loss or damage until Final Acceptance,
including, but not limited to, the purchase of property loss insurance, except that the risk of loss or damage
shall be borne by City or its agents prior to Final Acceptance during such periods of time as the partially or
wholly completed Work is in the custody, control, or supervision of City or its agents for the purposes of
moving, storing, or perfortning any other ancillaiy services to the Work.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Ai�tist under the Agreement shall be an amount up to THIRTY NINE THOUSAND
AND FIVE HUNDRED DOLLARS AND NO CENTS ($39,500.00), which shall constitute full
compensation for any and all costs associated with this Agreement, including, but not limited to, engineering
Agreement with Donna Lynn DobberFuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
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and consulting fees, all travel expenses, and services performed and inaterials furnished by Artist under this
Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services
are required, which may include, but not be limited to, the additional bronze plaques listed in Article 2.2.d.
3.2. Payment Schedule
a. City agrees to pay Artist in the following installinents set forth below, each installment to represent
full and final, non-refimdable payment for all services and materials provided prior to the due date
ther�eof:
(1) FOUR THOUSAND DOLLARS AND NO CENTS ($4,000.00) upon execution of this
Agreement.
(2) FOURTEEN THOUSAND DOLLARS AND NO CENTS ($14,000.00) within thirty (30)
days after Artist submits the Final Design Deliverables, as required in Article 2.4. of this
Agreement, and the Final Design is approved by the FWAC.
(3) NINE THOUSAND DOLLARS AND NO CENTS ($9,000.00) upon the Contract
Manager's verification that the carving of the six (6) brick rose bas reliefs for the kiosks is
50% complete and the master for the cast rose elements is 100% complete.
(4) NINE THOUSAND DOLLARS AND NO CENTS ($9,000.00) upon the Conh•act
Manager's verification that the six (6) carved brick rose bas reliefs and the twenty-five (25)
cast rose elements are 100% complete.
(6) THREE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($3,500.00� within
thirty-five (35) days after Final Acceptance and receipt by City of such documentation it
may require concerning payment of supplies and seivices rendered to Artist [see Article 2.9].
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 Ai�tist 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's EYpenses.
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 A��tist's agents, consultants,
and/or employees necessary for the proper performance of the services requit•ed under this Agreement.
ARTICLE 4
WARRANTIES
4.1. Warranties of Title and Co��ght.
a. Artist represents and warrants that:
Agreement with Donna Lynn Dobbertuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
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(3)
(4)
(5)
(6)
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the Artwork Design and/or Work shall be the original product of ArtisYs sole creative
efforts;
the Artwork Design and/or Work is and will be unique and original and does not infringe
upon any copyright or the rights of any person;
Ai•tist has not sold, assigned, ti•ansferred, licensed, granted, encLimbered or utilized the
Aj•twork Design and/or Work or any element thereof or any copyright related thereto that
may affect or impair the rights granted pursuant to this Agreement;
the Artwork Design and/or Work (or duplicate thereo� has not been accepted for sale
elsewhere;
the Artwork Design and/or Work is fi•ee and clear of any liens from any source whatsoever;
Artist has the full power to enter into and perform this Agreement and to make the grant of
rights contained in this Agreement; and
all services performed hereunder shall be performed in accordance with all applicable laws,
regulations, ordinances, etc., and with all necessary care, skill and diligence.
4.2 Warranties of Quality and Condition
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b.
c.
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At•tist represents and warrants that all work will be performed in accordance with professional
"workmanlike" standards and free from defective or inferior materials and workmanship (including
any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the
Work) for one year after the date of Final Acceptance.
Artist represents and wart•ants that the Work and the tnaterials used are not currently known to be
harmful to public health and safety.
If, within one year after Final Acceptance, City observes any breach of warranty described in this
Article 4.2 that is curable by Artist, City shall give written notice to Artist of such breach with
reasonable promptness. Artist shall, at the request of City, cure the breach satisfactorily and
consistent with professional conservation standat•ds (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.
If, within one yeal• after Final Acceptance, City observes any breach of warranty described in this
Ai•ticle 4.2 that is not curable by Artist, Artist is responsible for reimbursing City for datnages,
expenses, and losses incul•red 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 deetned a breach for
purposes of tliis Article 4.2.
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e. If, after one year from Final Acceptance, City obseives any breach of warranty described in this
Section 4.2 that is curable by Aj•tist, City shall give written notice to Artist to make or supervise
repairs or restorations at a reasonable fee during Artist's lifetime. Ai�tist shall notify City, in writing,
within thirty (30) days after receipt of the notice as to whether Artist will �nake or sLipervise the
repairs or restorations. Should Artist fail to respond within the thirty-day (30) deadline or be
unwilling to accept j•easonable compensation �mder the industry standard, City may seek the services
of a qualified restorative conservator and maintenance expert.
£ Acceptable Standard of Display. Artist represents and warrants that:
(1) General routine cleaning and repair of the Work and any associated working parts and/or
equipment will maintain the Work within an acceptable standard of public display.
(2) Foreseeable exposure to the elements and general wear and tear will cause the Work to
experience only minor repairable damages and will not cause the Work to fall below an
acceptable standard of public display.
(3) With general routine cleaning and repair, and within the context of foreseeable exposure to
the elements and general wear and tear, the Work will not experience irreparable conditions
that do not fall within an acceptable standard of public display, including, but not limited to,
mold, rust, fi�acturing, staining, chipping, tearing, abrading, and/or peeling.
(4) Manufacturer's Warranties. To the extent the Work incorporates products covered by a
manufacturer's warranty, Artist shall provide copies of such warranties to City.
g. The foregoing warranties are conditional, and shall be voided by the failure of City to maintain the
Worlc in accordance with A►�tist'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 fi�om the Work and reproductions thereof until the Work's condition is
satisfactorily repaired.
4.3 Survival of Representations and Warranties
The representations and warranties in this Article 4 shall survive the termination or other extinction of this
Agreement.
ARTICLE 5
INSURANCE AND INDEMNITY
5.1. General.
Al�tist shall cariy insurance as set forth in E�ibit "G," which is attached hereto and incorporated herein for
all purposes. Evidence of required insurance shall be submitted to the Contract Manager prior to installation
of the Work on City property. However, if any part of the fabrication process will be conducted on City
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property, then Artist shall submit evidence of required insurance to the Contract Manager prior to
performance of that work. Evidence of subsequent renewals of said insurance is required until City has taken
possession of the Work. Except as provided in Article 2.10 hereof, the risk of damage to oi• loss of the Wot�k,
dLiring fabrication and installation but prior to Final Acceptance, sllall be solely that of Artist. The �•isk shall
transfer to City and shall no longer be the responsibility of Artist upon Final Acceptance.
5.2. Performance Bonds.
Artist shall not be required by City to post any performance bonds or similar undertakings.
5.3. GeneralIndemnitv
a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD
HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY
AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS,
LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO,
ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS,
DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING,
BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT
LIMITED TO, WORI�ERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND
PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED
TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY
OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE ACTS, ERRORS,
OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS 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 propei-ty 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 fortn as above.
5.4. Intellectual PropertX
Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any
othel• 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 Al•tist. City expressly assumes no
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obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations.
City specifically does not authorize, permit, or condone the i•eproduction or use of copyt�ighted materials by
Artist without the appropriate licenses or pertnission 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.
5.5. Survival
All indemnification provisions of this Agreement shall survive the termination or expiration of this
Agreement.
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 Agceement. These documents,
models and/or drawings will be retained for archival and e�ibition purposes. Artist's Artwork Design,
Work, and all other work products under this Agreement shall become the property of City, without
restriction on future use, except as provided below.
6.2 Copvright Ownership.
At�tist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section ] 01 et seq., as the sole author of
the Work for the duration of the copyright.
63 Reproduction Rights•
a. In view of the intention that the Artwork Design and the Work be tmique, Artist shall not make any
additional exact duplicate reproductions of the Ai�twork Design or the Wark, nor shall Artist grant
permission to others to do so except with the express written permission of City. However, nothing
herein shall prevent Artist fi•om 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 fi•ee, and
irrevocable license to graphically depict or publicly display the Artwork Design and Work for any
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non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or
display of the Artwot•k Design and/or the Work intended to promote or benefit City, its public
services or its pttblic purposes, regardiess 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 unde►stands that nothing in this parag�•aph shall affect or limit
City's absolute, unrestricted rights incidental to City's full ownership of the Worlc 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 fultherance of
City's operations or for any other reason.
c. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the
following form: "�O date, Artist's name."
d. Unless notified otherwise by City, Artist shall use Artist's best efforts in any public showing or
resume use of reproductions to give acknowledgment to City in substantially the following form:
"an original artwork commissioned by and in the public art collection of the City of Foi�t Woi�th,
Texas."
e. Artist may, at Artist's expense, cause to be registered with the United States Registej• of Copyrights,
a copyright in the Work in Ai�tist's name.
£ City is not responsible for any third-party infi•ingement of Artist's copyright and not responsible for
protecting the intellectual propei•ty rights of Artist.
ARTICLE 7
ARTIST'S RIGHTS
7.1. Identification.
The Contract Manager shall inchide credit to Artist on the Fort Worth Public Art website
(www.fwpublicart.org) and facilitate the design, purchase, and installation of a permanent plaque at the Site.
7.2. Maintenance.
City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the Work.
City shall 1•easonably assure that the Work is properly maintained and protected, taking into account the
maintenance instructions provided by Artist in accordance with Ai�ticle 2.7 and Exhibit D.
73. 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
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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 malce or
personally supervise major repairs and restorations and shall be paid a reasonable fee for any such
services, pl•ovided that City and Artist shall agree, in wl•iting, prior to commencement of any
significant repairs and restorations, upon Artist's fee for such services. Should Ai-tist 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 repaiis by City.
b. All repairs and restorations shall be made in accordance with recognized conservation standards (in
accordance with the American Institute of Conservation (AIC) Code of Ethics and Guidelines for
Practice) and/or construction standards, including, but not limited to, the standards set foi�th by City.
c. City may require Ai�tist to submit professional documents supporting Artist's proposal for repairs and
restorations prior to commencement of repairs or restorations.
d. When emergency repaiis 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.
7.4. Alteration of the Work or of the Site.
a. In the event that the Work is incorporated into a building, structure or realty, tlle installation of the
Work may subject it to destruction, distortion, mutilation or other modification by reason of its
removal. If removal of the Work would damage either the Work or the Site, City shall have the right
to remove the Work by any means, including destruction, in performing maintenance, repair,
renovation, or reconstruction of the building, structure or in devoting realty to a new use. City may
give Artist written notice of its intent to take such action under this paragraph.
b. In the event that the Work is freestanding, or incorporated into a building, structure or realty such
that it may be removed without damaging or destroying the Work or the building or structure, Artist
may be given written notice and ninety (90) days to remove the Work at his or her sole e.cpense.
Upon Artist's failure to remove the Work, City shall have the right to remove and dispose of the
Work by any means, including its destiuction.
c. City agrees that it will not willfully destroy, damage, or modify the work, except as provided in
paragraphs a. and b. above.
d. In the event the Work is substantially damaged or altered, City shall no longer represent the Work as
that of Artist if A��tist gives written notice to City that it is the position of Artist to deny authorship
on the gcounds stated in this paragraph.
e. City shall, at all times, have the right to move the Work, or remove it fi�om public display. City shall
also have the right to sell or trade the Work.
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7.5. Permanent Record.
City shall maintain on permanent file a record of this Agceement and of the location and disposition of the
Work.
7.6. Ai•tist's Address.
Artist shall notify City of changes in the address set forth in Article 14. Tlle failure to do so, if such failure
pj•events City fi•om locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce
these provisions of Article 8 that require the express approval of Artist. Notwithstanding this provision, City
shall make every reasonable effort to locate Artist when matters arise ►•elating to Artist's rights.
7.7. Additional Ri�;hts and Remedies.
Nothing contained in this Article 7 shali be construed as a limitation on such other rights and remedies
available to Artist under the law, which may now or in the future be applicable.
ARTICLE 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 e.cclusive right to control
the detaiis of the work perfortned hereunder, and all persons performing same, and shall be solely
responsible for tlle acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing
herein shall be construed as ct•eating a partnership or joint venture between City and Artist, his/her officers,
agents, etnployees and subcontractors, and doctrine of respondent superior has no application as between
City and Artist.
ARTICLE 9
SUBCONTRACTING
Artist may subcontract portions of the services to be provided hereunder at Artist's eYpense, provided that
said subcontracting shall not adversely affect the design, appearance or visual quality of the Work and shall
be carried out under the personal supervision of Artist. Any subcontract entered into under this Agreement
shall be expressly subject to the terms of this Agreement. Artist shall provide information regarding all
subcontractors, including its fabricator, along with a copy of the subcontract between Artist and each
subcontractor to the Contract Manager.
ARTICLE 10
TERM AND TERMINATION
10.1. 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 At�tist by City.
10.2. Gratuities.
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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 wifll i•espect to this performance of tllis Agreeinent. In the event this
Agreeinent is canceled by the City, pursuant to this Article 10.2, City shall be el�titled, in addition to any
other rights and remedies, to recover from Artist a sum equal in amount to the cost incurl•ed by Artist in
providing such gratuities.
10.3 Incapacity of Ai�tist
�
b.
10.4
a.
[i
�
In the event that either ponna Lynn Dobberfuhl or Ned Alvin Dobberfuhl becomes incapable, legally
or otherwise, of performing their duties and/or obligations under this Agreement, City may choose to
continue the terms of this Agreement with the capable party or terminate this Agreement. In the
event that both Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl become incapacitated during the
term of this Agreement, City shall have the right to tei7ninate this Agreement on payment to Artist or
Artist's successors for all work and seivices performed prior to incapacity. All woi•k 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.
Should Ai�tist's Final Design have been approved, in the event of termination undei� this Article 10.3,
City shall have the right to complete the Worlc, 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 eYpiration of this Agreement.
Termination for Convenience.
The services to be performed under this Agreement may be terminated by either party, subject to
written notice submitted thil•ty (30) calendar days before termination.
If the termination is for the convenience of City, City shall pay Artist for services actually rendered
up to the effective date of tej•mination, 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.
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 or require the Artist to
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
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iEZ.7i�
remit to City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior
to the effective date of termination. If City chooses to pay Artist for sei•vices actually rendered, then
all work product produced by Artist Linder this Agl•eement, including, but not limited to, finished and
unfinished drawings, sketches, photographs, models, designs, the Work up to the effective date of
termination shall become property of City.
d. If termination is by mutual agreeinent of the Parties as set for•th in Article 2.5, then City shall pay
At•tist for work performed per the payment schedule in Article 3 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 dr•awings, sketches, photographs,
models, and designs, up to the effective date of termination
10.5. Termination for Cause.
a. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of
this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this
Agreement, then the Pai•ties shall first attempt to resolve any disputes arising from this Article 10.5
in accordance with the dispute resolution process set forth in Article 11 of this Agreement. If the
Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to
terminate this Agreement upon the delivery of a written "Notice of Termination" specifying the
grounds for termination. Termination of this Agreement under this Article 10.5 shall not relieve the
party in default of any liability for damages resulting from a breach or a violation of the terms of this
Agreement.
b. If City terininates this Agreement pursuant to this Article 10.5, then City shall have the right to
complete the Work in accordance with the Artwork Design, which shall be in addition to any and all
other rights and remedies available to City at law or in equity. If City exercises its right to complete
the Work, then, notwithstanding anything to the contra�y:
(1) title to the Artwork Design, Work, and/or all other work product under this Agreement
and/or any prior agreement for the Work, including, but not limited to, all documents,
models, and/or drawings that constitute or are components of the Artwork Design and/or
Work, shall pass to City and become the p1•operty of City, without restriction on future use,
immediately upon the City's exercise of its right to complete the Work;
(2) Artist shall forfeit any and all rights to the Artwork Design, Work, and/or all other work
product under this Agreement and/or any prior agreement for the Work, including, but not
limited to, those stated under Ai�ticles 6(Ownership and Intellectual Property) and 7(Artist's
Rights) of this Agreement;
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a
a
(3) Artist automatically sells, assigns, and transfers to City, the entire right, title, and interest in
and to the Artwork Design, Work, and/or all other work product under this Agreement or
any prior agreement for the Work that the Artist has under the Copyright Act of 1976, 17
U.S.C. SS 101 et. seq., and all tl�e rights and privileges appertaining thereto, including,
without limitation, the exclusive right to reproduce, prepare derivative works based upon,
distribute copies to the public as well as display said Al•twork Design and/or Work, the same
to be held and employed by City for City's own benefit and use and for the benefit and use
of City's successors, assigns, and legal representatives forever;
(4) Artist shall have no copyright or other property interest in the Artwork Design, Work, and/or
any other work product under this Agreement and/or any prior agreement for the Work; and
(5) Artist, pursuant to this Article 10.5, hereby acknowledges the rights of attribution and
iiitegrity conferred by Section 106A(a) of Title 17 of the U.S. Code, (as amended or as it
may be amended in the future) Titied "Visual Artists Rights Act," and any other right of the
same nature granted by U.S. federal, state, or foreign laws, and of his/her own free act
hereby waives such rights with respect to any and all uses of the Artwork Design, Work,
and/or all other woj•k product under this Agreement and/or any prior agreement as a public
artwork. Nothing in this Article 10.5 shall affect the survival of Articles 4(Warranties), 5
(Insurance and Indemnity), and 8(Artist as an Independent Contractor) of this Ag1•eement,
which shali remain in full force and effect upon termination of this Agreement.
ARTICLE 11
DISPUTE RESOLUTION
a. If either Artist or City has a claim, dispute, ar other matter in question for breach of duty, obligations,
services rendered or any warranty that arises under this Agreement, the Pat•ties shall first attempt to
resolve these issues ttu•ough this dispute resolution process. The disputing party shall notify the other
pat�ty in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall
state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10)
business days of receipt of the notice, both parties shall make a good faith effort, either through email,
mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute,
breach, or other matter in question that may arise out of or in connection with this Agreement.
b. If the Pai�ties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice
of the dispute, then the Pai�ties 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
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more than foi�ty-five (45) calendar days following the date of request, except upon Agreement of the
Parties. In the event City and Artists ace unable to agree to a date for the mediation or to the identity of a
mtrtually agreed mediator within thirty (30) calendar days following the date of the request for
mediation, then all the conditions precedent in tllis at�ticle shall be deemed to have occurred. The Parties
shall share the mediator's fee and any fiiing fees equally. Venue for any mediatiol� 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
shali 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 10.5)
ARTICLE 12
EQUAL OPPORTUNITY
a. Artist shall not engage in any unlawful discrimination based on ��ace, creed, color, national origin,
sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other
prohibited criteria in any employment decisions relating to this Agreement, and Ai�tist represents and
wa►•rants that to the extent requi►•ed by applicable laws, it is an equal opportunity employer and shall
comply with all applicable laws and regulations in any employment decisions.
b. In the event of Al�tist noncompliance with the nondisci•imination clauses of this Agreement, this
Agreement may be canceled, terminated, or suspended in whole or in pat�t, and Artist may be
debarred fi•om further agreements with City.
ARTICLE 13
MISCELLANEOUS
13.1. 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.
13.2. Entire Agreement
This writing embodies the entire agreement and understanding between the Parties hereto, and there are no
other agreements and understandings, oral or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby.
13.3. Amendments
No alteration, change, modification, or amendment of the terms of this Agreement shall be valid or effective
unless made in writing and signed by both parties hereto and approved by appropriate action of City.
13.4. Waiver
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No waiver of performance by either party shall be const►•ued 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.
13.5. Governin� Law and Venue
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreeinent, venue for such action shall lie in state courts located in Tarrant Cotmty, Texas or the United
States District Coui�t for the Northern District of Texas — Fort Worth Division. This Agreement shall be
consti•ued in accordance with the laws of the State of Texas.
13.6. 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.
13.7. 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.
13.8 Severabilitv
If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality,
and enforceability of t11e remaining provisions shall not in any way be affected or impaired.
13.9. 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; transpoi�tation 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 whethej• any such circumstance is similar to any of those enumerated or not, the party so
obligated or permitted shall be excused fi•om doing ol• performing the same during such period of delay, so
that the time period applicable to such design or construction requirement shall be extended for a period of
time equal to the period such party was delayed.
13.10. Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this
Agreement and that the noc•mal rule of construction to the effect that any ambiguities are to be resolved
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against the drafting party must not be employed in the interpretation of this Agreement or any amendments
or exhibits hereto.
13.11. Fiscal Funding Out
If, for any reason, at any time during any term of this Agt•eement, the Fort Worth City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may
terminate this Agreement to be effective on the later of (i) thirty (30) 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.
13.12. Captions
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part
of this Agreement.
13.13 Ri�ht 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 Agceement and for three (3) yeats
thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement
and for three (3) years thereafter, the Artist shall make all Records available to the City at 1000
Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties
following reasonable advai�ce notice by the City and shall otherwise cooperate fully with the City during any
audit. Notwithstanding anything to the contrary herein, this Article shall survive expiration or earlier
termination of this Agreement.
13.14. Certified MBE/WBE.
If applicable, Artist is encouraged to make its best effort to become a certified Minority Business Enterprise
(MBE) or Woman Business Enterprise (WBE) firm with a certifying agency whose cei•tification is accepted
by the City under the City's Business Diversity Enterprise Ordinance.
13.15 Survival Provision
The provisions contained in Articles 4(Warranties of Title and Copyright), 5(Indemnification), 6
(Ownership and Intellectual Property Rights), and 8(Artist as an Independent Contractor) shall survive the
termination or expiration of this Agreement.
13.16 Public Information Act
Artist understands and acknowledges that City is a public entity under the laws of the State of Texas and, as
such, all documents held by City are subject to disclosure under Chapter 552 of the Texas Government Code.
Artist shall clearly indicate to City what information it deems proprietaiy. If City is required to disclose any
documents that may reveal any of ArtisYs Proprietary Information to third parties under the Texas
Government Code, or by any other legal process, law, rule, or judicial order by a court of competent
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 23 of 42
jurisdiction, City will notify Artist prior to disclosure of such documents, and give Artist the oppoi�tunity to
submit reasons for objections to disclosure. City agrees to restrict access to Artist's information to those
persons within its organization who have a need to know for purposes of management of this Agreetnent.
City agrees to inform its employees of the obligations under this paragraph and to enforce rules and
procedures that will prevent airy unauthorized disclosure or transfer of information. City will use its best
effol•ts to secure and protect Artist's information in the same manner and to the satne degree it protects its
own p►•oprietary information; however, City does not guarantee that any information deemed proprietary by
Artist will be protected from public disclosure if release is required by law. The foregoing obligation
regarding confidentiality shall remain in effect for a period of three (3) yeais after the expiration of this
Agreement.
13.17 Counterparts aud Electronic Signatures
This Agreement may be executed in several counterparts, each of which will be deemed an original, but all
of which together will constitute one and the same instrument. A signature received via facsimile or
electronically via email shall be as legally binding for all purposes as an original signature.
13.18. Time Extensions
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement.
ARTICLE 14
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 pe�•sonally or sent by registered or certified mail, return receipt
requested, postage prepaid, as follows:
1. CITY OF FORT WORTH: Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street, Third Floor
Fort Worth, Texas 76102
Copies to: City Attorney
Office of the City Attorney
City of Fort Woi�th
1000 Throckmorton Stceet, Third Floor
Fort Worth, Texas 76102
Martha Peters, Vice President, Public Art
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 24 of 42
i
Fort Worth, Te�as 76107
2
ARTIST Donna Lyun Dobberfuhl and Ned Alvin Dobberfuhl
d/b/a Sculptural Designs
1514 Broadway
San Antonio, TX 78215
IN WITNESS HEREOF, the Parties heceto have eYecuted this Agreement to be effective as of the
Effective Date.
CITY OF FORT WORTH
by: aKdp �h�
Fernando Costa
Assistant City Manager
Date: T//3
ARTIST
Donna Lynn Dobberfuhl
d/b/a Sculptural Designs
Date:
Ned Alvin Dobberfiihl
d/b/a Sculptural Designs
APPROVED AS TO FORM
AND LEGALITY: ��
----���,�, � i
, �
7'yter F'Wallacll
Assistant City Attoi•ney
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Maiy
City ;
Coi�ti•act Authoi•ization:
No M&C Required
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Date:
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Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village
: +`-_��R
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Fort Worth, Texas 76107
2.
ARTIST Donna Lynn Dobberfuhl andNedAlvin Dobberfi�ht
d/b/a Sculptural Designs
1514 Broadway
San Antonio, TX 7�215
IN WITNESS HEREOk', the Par6ies hereto have e�ecuted this A��eement to be effective as of the
Effective Date.
CITY OF FORT WORTH
by:
Fernando Costa .
Assistant City Manager
Date:
APPROVED AS TO FORM
AND LEGALITY:
Ty1er F. Wallach
Assistani CityAttomey
ATTESTED BY:
Mary J. Kayser
City Secretary
Contract Autliorization:
No M&C Required
I�
Datekl/I,P,��iya, ,� ,�j.0�9��
�. �_
Ned Alvin Dobberfi�h7
d/b!a Sculptural Designs
Date: � ' �' 3 r % �
Agreement with Donna Lynn Dobberfuhi and Ned Alvin Dobbertuhl d/b/a Scuipturai
Designs for Final Design and Commission of PublicArtwork for Polytechnic% Wesleyan Urban Village
25 of 42
Exhibit A: The Preliminary Design: Kioslcs
Rose Design to be carved into one side of each Icioslc
Example of type of relief carving to be used for the roses
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 26 of 42
Exhibit A: The Preliminary Design: Seatwall
Preliminary Design showing Cast Rose Motif for Seatwall Columns
Example of type of historical photo to be collected for cast bronze plaques
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d!b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 27 of 42
Example of type & quality of relief casting for cast bronze plaques
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 28 of 42
Exhibit B: The Site
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 29 of 42
Exhibit B: The Site (Continued): Kiosk Design and Kioslc Locations
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Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 30 of 42
Exhibit B: The Site (Continued): Seatwall Design and Column Locations
Agreement with Donna Lynn DobberFuhl and Ned Alvin Dobberfuhl d!b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 31 of 42
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Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesfeyan Urban Viliage 32 of 42
Exhibit C: Budget Form
ARTIST'S FEE
TRAVEL
(For artists v��ha live more than 54 miles irom Fort Worth)
Airiare
Car Rentai
Per Diem Expenses af �u_ �r day
FAileage at $_ per mile
INSURANCE
AutolHirsd Vehic[e L6alailit�j
Uenera! Lialaiiity for Artist / Suk�contmct€�es
Workers Conip. l Em�luysrs Liabilibj
Oth2r, as apgiicable
ADtvtINISTRATIVE EXPENSES
Phane!Fax
peliverf/Ship�ing (for correspon�ence, samgies, modeis, dra�.vings eic)
Reprographic Serviee
Supplies
PROFE5SInNAL CQNSULTANT FEES
{Ei ac�p(icabie, dra�r�ing mus6 be si�ned and sealed by a profEssionai registerzd ta practice
in the State of TQxas}
rVchitect�
Structural Engin�er"
Electricai Engineer'
Conservator'
Fhotographer (for dacumentatiun of completed work}`
t�ther`
MATERIALS
(Rieas� akiach a contp#ete Iist of m.3terials. (femize all anticipated aspects and
coniponenis with per unit cost estimatesj
Materials' Tatai
FABRICATION COSTS
((nclude and itemize aN portions of suiSconVactEcJ wark and v;�rk to be completsd by
artist.)
ArtisYs �at:or (_ hours at S_ per hour} Total
Sul�coi7fracteci Labor` (To�al}
FacilihjtEquiament Renfal (used exclusiv�ly far this projset} related to fabricafdon
SITE PREPARATION
(Do not indude costs cav�rsd by F�`��P.A, Cit�j of Fart'aVcrth e�r others)
Test Drilling>
Removal'
Landscapi ngtl rri gation'
Electrical h9odifications"
V�tatzr WorkfHlechanical Devices
Other'
(Revised May 201 t)
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 33 of 42
TRANSPORTATION
BASE;Mt�UNTING
t�aterlals to Fa!?ricatian Site'
Fnsshsd WorK to (nstaiiafiun Site'
Oth2r'
B:3gg
iYiUUli�t�C� �@Y1C85 :�Rd COR1�701iBIlIS
FuundatioNFootir�g
ather
INSTALLATI�N COSTS
(Casts must inciude allosv�nce fo� afiter hours instailation. it applical�le. Please aftach a
cus�ipiets lisi of equipment and individual es?imates v�ith this tGrmp
LIGHTING
Sul�contracfed Lalior*
Scaffolding*
Equipnient RentaE related to installation"
Off-duhf PolicelSecurirf`
Traffic Barriers'
3tor�ge Facilih/ Rental'
City Peroiits
aisplay Devices
�ire�aroofing`
�iEe Restoration*
s7ther'
Designers`
Fixtur�s'
8uil3s'
�ite Preparation`
lnstal(aiion'
CRAND TOTAL
Pfease make any necessaiy notes here:
Prepared By:
Date:
(Revised May 2011)
Agreement with Donna Lynn DobberFuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 34 of 42
GENERAL INFORMATION
A►•tist:
Address:
Telephone:
Cell:
E-mail:
Galleiy Affiliation:
Other Representation:
ARTWORK
Title of Artwork:
Project Name and Location Address:
FWPA Project Manager:
Description of Artwork: (attach separately if necessary):
Exhibit D: Technical and Maintenance Record
Artwork Dimensions:
Height:
Pedestal or Pad Material:
Pedestal or Pad Dimensions:
Height:
Width:
Width:
Depth:
Depth:
Location & Description of Signature Markings (or copyright):
Edition Information if applicable:
Date of Execution:
Place of Execution:
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village
35 of 42
Collaborating Artist:
Fabricator (if other than artist)
Fabricator Address:
Methods/Materials Used in Esecution of Artworlc
Materials (list type, brand name and manufacturer of all materials; attach Material Safety & Technical Data.
Include contact names for all suppliers and attach warranty information):
Consti•uction Description: (list all fabricators and any architects, engineers or other teclinicians involved in
the creation and installation of this at�twork. Attach all warranties & agreements)
Material(s) Specifcations:
Joining Methods:
Welding Rod Alloy or Joint Material & Application Method:
Casting Alloy, Wax Body, Glass or Fiber Type:
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 36 of 42
Finishes & Coatings (paint color and type, glaze, patina, any and all coatings including fixative, UV, graffiti,
etc. Please list vendois and contact information and provide all product information):
Pedestals, Foundations & Footings, Mounting and Attachment Applications
(List all materials used to install artwork on site. Incllide vendor information, parts numbers, warranties and
agreements.)
Integrated Components
(List all components included in design and fabrication contracts that function as a paj-t of the final
installation including but not limited to: lighting, media, landscaping, etc. Include all vendor infol•mation,
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 instaliation crew. Attach any diagrams or disassembly instructions.)
Agreement with Donna Lynn Dobberfuhl and Ned Aivin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 37 of 42
Recommended Routine Maintenance
Artist recommendation based on experience and consultation with conservation expert
Artist's Conservation Consultant
Name:
Address:
Phone:
(Please attach Conseivator's Long Term Maintenance Recommendations)
Unusual or Special Circumstances of Note
Artist's Intention
(Please describe your view of how the artwork will change over time and in response to environmental
conditions. Artist's vision of how the a►•twork will look in the future assists FWPA in realizing an
appropriate conservation action plan. In addition to environmental conditions public artworks are often
affected by public handling, landscaping and site changes. Please clearly detail your expectations for this
artwork. Please address issues related to the life expectancy of this at•twork.)
Exhibit E: Affdavit
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 38 of 42
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 consti•uction of any and all improvements on the property. Affiant is not indebted
to any person, firm, or co1•poration by reason of any such construction. There are no claims pending for
peisonal injuly and/or property damages.
Aff ant:
SUBSCRIBED AND SWORN TO before me, the undersigned authoj•ity, on this the
day of
2013.
Notary Public, State of Texas
Print Name
Commission E;cpires
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d!b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 39 of 42
Exhibit F: Sales Tax Exemption
TC'i:Ati C'E:It'1'JI•'IC,i`t'E ()I< [:?GI�;:tIF''1`If?N
I t-1tGi�tt a€t eximpti�,n iii»n p��trs�eril u3�s�ilus und �sc t.�xc.� fC�r tftc pumh���:c �rt t;sxnl�Ec itont:;��scsitxcs.3
It�lci�.x� i7i` (>1t tttti� ��F6cieh��3 «nlrr rt sr�ti�c�i�4,
L7ksc~ri�5tion [af ]tcm� (��r �n dt�, ch��c9 i�i'cier r,r lm•aiec} "1-c� I3c- i'uirr.ft��audt
[ cCaiaaa diis cx�:i5�pti�+n for th� l��llosvtn� re�;;r,n=
A::+�a�s. ofE.:e�tttlis c�7rganiznt�nr�: (."1'1"7r' (3E FOIZT ��'{7[{'I'ti,'1'��;�1�4
TT�it14 Srt�,�5 �i111I� LiSE 1',��:� E'1?Ei�ti'i NCf;1�I�Ef2 f-75-�fiut)i�,t�-6
P��ijt�-1 fc)r »�tuc.I� m�ein;3xs eansi Srs�rlSCae� �.3r;: pun;h3l�ud:
I ut�d<n-tstit�i ljisat 1 tvill �i4 liahle 3e�r pay�ncnt t�f sales t�n�, �ti�hi�:-1s �nAy i�ec�rnt6 cltt� lii� �'�iltirc tc� ca�ntply
t��ith ttic pr�ae�isic>�t4 i�#���,e sta[t', ca8}', au,illc�r mctrR�[rlit�tn tetut�it ii�athc,rity s�iles anti t��s4- t:�x la�,w�� zu3cl
i;�+ni�trc�llr.r rules rc�arciirt� �:�:`mg�t �srtil��vszs. €_iuhilia}' #iar td�e ttt,ti �vill bi clelrimin��1 Ity�� Ih� [at'itz �uid
for tlr� d�ixublt� i[�ms p€ar�h��s��i �r tl�[: t€�is �ir�rkri sent�d valuc ii>p tli€ �:ti�ic�d uf sinie �i�r:1.
E unc��rston�l that zE [s � ntisd�.�t9eat�c�r io civ�� un ���r�t�iSic�r� C�ri[�s?�dc ic� the st�lle�r tii� Ia�tab(e it�tn3 wliic�a
I k����t�', tti kt4e tin5e �if the �ur�1t�::e, t+�€il t� uscd in u a3�anner uth�� tiltu3 Lh�t9 expt�ased in this ceM'iitaGc3tc
a��d, tq�i�it ��+nktt=tiurt, eituy tw fa�t� u� ta ��s(�0 �r t�Cl�use.
��Ki�lltnl Stutu� L]uctc� i3cicb te�t't�[�1ttti^i�t�s[ Lntitt�
.E .� �, t
a'csRts,�s�r CI`�1r i)� t�(}R'C tii'c�RTII. TL,I':�S
Stffeet rldctres�: l�tl�0 TIfI��CI�l�i1lt?It"f(�t�` 5'1`1tEET
C°it4'. Slute, 7i� C'e��ic: FOR7' `�'�RTII, TI:tAS 7b1Dt
'�i�n Her�:
C�ii1i�: .�un� I€.2tlti9 J'3:Caise: 81 �'-_;4�-!#�1-
'fh3s e�€titien�c titt7t'� tiiat rryuar� a� nun3her R� t*� valid, SsEes snct ust t�x "�xuiup4ir��r 3�un�hen•, c�r.•tax
c.�erttE�1"mimhcas elq nt�t t��ist.
Y'his ecilit�t,74u thta�tltl t�t Pume�hed tr, ih4 st�p��lit r, �3r� n��t sc�sii ti�+; �om��i�4cit ���rtiti�e�te� tu 93re
�`e�zv�Fxiir,llrrcti'I'ui�lia �14G��t�tttti.
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 40 of 42
Exhibit G: Insurance Requirements
PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS
Artist shall meet all the following insurance requirements for this Project, naming City as an additional
insured on each policy of insu►•ance, except Workeis Compensation. If Artist subcontracts fabrication,
transportation, ai7d/or installation of the Work, then Ai-�ist shall also require his/her subcontractor(s) to abide
by all of the following insurance requirements. Artist shall require the subconh-actor(s) to name Artist and
City as additional insureds.
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 Sej•vices Office (ISO) policy. The policy
shall name City as an additional insured.
Automobile Liability
$1,000,000
or
$250,000
$500,000
$100,000
Each accident
Bodily Injury per peison
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/oj• 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 (Ait. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.).
GENERAL POLICY REQUIREMENTS
Thirty (30) days notice of cancellation or non-renewal.
Example: "This insurance shall not be cancelled or nona�enewed, until aftej• thirty (30) days prior written
notice has been given to City of Fort Woi�th, except for ten (10) days notice for non-payment of premium.
Waiver of rights of recoveiy (subrogation) in favor of City of Fort Wo1�th.
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Viliage 41 of 42
The insurers for all policies must be licensed/approved to do business in the State of Texas. All insurers
must have a minimum rating of A- VII in the current A. M. Best Key Rating Guide or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that
��equired, wr•itten approval of Risk Management is requit�ed.
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." (If coverage is
written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the
contractual agreement and the cei�tificate of insurance shall state that the coverage is claims made and the
retj•oactive date. The insurance coverage shall be maintained for the duration of the contractual agreement
and for five (5) years following completion of the service provided under the contractual agreement or far the
warl•anty period, whichever is longer. An annual cet•tificate of insurance submitted to City shall evidence
such insurance coverage.)
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 Woi�th 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 necessaiy and prudent by City based upon
changes in statutoiy 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 endoisements
thereto and may make any reasonable requests for deletion or revision or modifications of particular policy
terms, conditions, limitations, or exclusions except where policy provisions are established by law or
regulations binding upon either of party or the underwriter on any such policies.
Agreement with Donna Lynn Dobberfuhl and Ned Alvin Dobberfuhl d/b/a Sculptural
Designs for Final Design and Commission of Public Artwork for Polytechnic / Wesleyan Urban Village 42 of 42