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��O��OA7''.��,,,-, AGREEMENT BETWEEN
�m'SEC!?: .:�,. ,�"' THE CITY OF FORT WORTH AND AREA C PROJECTS FOR
S PRELIMINARY DESIGN OF PUBLIC ART FOR FAR SOUTHWEST LIBRARY
This Agi•eement is entei•ed into this ��Th day of � , 2021, by and between the City
of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through Fernando
Costa, its duly authorized Assistant City Manager, and Erik Carlson, an individual, DBA as Area C
Projects, located at 2 Westwood Avenue, Cranston, RI, 02905. 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 thi•ough its designated Public Art project managei•.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of tl�e Fort Worth Code of
Ordinances, the Fort Worth Public Art Progi•am's goals are to create an enhanced visual environment for
Fort Woi•th residents, to commemoi•ate the City's rich cultui•al and ethnic diversity, to integrate the design
work of Artists into the development of the City's capital infi•astructure improvements, and to promote
toui•isin and economic vitality in the City thi•ough the Ar•tistic design of public spaces; and
WFIEREAS, the Public Art Plan for the 2018 Boi�d Program, adopted by City Cottncil on
October 16, 2018 (M&C G-19401), set aside $193,500.00 in 2% public ai•t funds fi•om Pi•oposition C for
the Far Southwest Library. The project was included in the Fort tiVortla Pzrblic drt Fiscal I'ear 2021
A��t�aral Work Pla�� adopted by the Fort Woi•th City Council on September 22, 2020 as M&C 20-0678);
and
WHEREAS, the Far Southwest Libraiy Project Core Team met on Februaiy 5, 2020, and
suggested an approach for an artwork that invites interaction, is engaging, imaginative, highly ci•eative and
appeals to youth and adults; they also suggested the artwork could be integi•ated into the facility and/or the
site, might be visible fi�oin inside or oiitside the libra�y and could take into consideration the artwork being
commissioned for the adjacent South Patrol Division Police Station; and these suggestions were included in
the Project Outline which was approved by the FWAC on November 11, 2019, attached as Exhibit "A";
WHEREAS, the Contract Manager conducted an Artist Selection Process based on qualifications,
in accordance with the Project Outline and the guidelines in the Fort Worth Parblic Art Master Plan
Updaje, adopted by City Council on October 17, 2017 (M&C G-19140); and, on April l9, 2021, the Fort
Worth Ai•t Commission ("FWAC") approved the Selection Panel's i•ecommendation of Ai•ea C Pi•ojects as
the Artist for the pi•oject;
WHEREAS, City and Artist wish to set out the terms and conditions under which said Wor]< shall
be designed to promote the integrity of Artist's ideas and statements as represented by the Work;
Agreement �vith Erik C�rlson, dba Area C projects, for Preliminary Design of Public Artwork for Far South�vest Library
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NOW, THEREFORE, City and Artist, for and in consideration of the covenants and agreements
hereinafter set forth, the sufficiency of which is hereby acknowledged, agi•ee as follows:
ARTICLE 1
DEFINITIONS
As used in this Agceement, tlle following tet•ms shall have the meanings as set foi•th below:
1.1. Agreement — Means and inclLides this agreement between the City and Artist for
Pi•eliminary Design of Public Art for the Site.
1.2.
1.3.
Artist —Means and includes Area C Projects.
Artworli Design — Means and includes the Preliminary Design of the Work, which is
defined in 1.3.a. below.
1.3.a. Prelimina�y Design — Means all developed pi•eliminary drawings, sketches, prototypes,
maquettes, models, narrative descriptions, budget estimates, and the like that are created
by Artist in connection with this Agreement and/or any prior agreement between Artist and
City for the Work.
1.4
1.5
City — Means the City of Fort Worth.
Contract Manager — Means and includes the Arts Council of Fort Worth and Tai•rant
Coimty, Inc., and/or its officei•s, dii•ectors, and employees.
1.6. �ffective Date — Means and includes the date represented in the fiist paragraph of this
Agreement, which shall be the official date of execution of this Agreement.
1.7.
1.8
Parties — Means and includes City and Artist.
Preliminary Design Deliverables — Means and includes those items set forth in Article
2.3 of this Agreement that Artist is �•equired to submit to City for review and approval.
1.9. Project — Means and includes the capital impi•ovement/public art development undertalcing
of City for which ArtisYs services are to be provided pursuant to this Agi•eement.
1.10
1.11
Project Consultant — Means and includes HKS Architectw•e.
Project Core Team — Means and includes tlie group of community members, generally 5-
7 people, who are invited by the City Council Membe�• to provide input on the project for its d�u•ation, in
accoi•dance with the Fo�7 yVortl7 Pzrblic Art Maste�• Plan Update.
l.12. Project Stakeholders — Means and includes the appropriate City Council Member(s), the
Project Core Team and the FWAC's appointed representative and others as may be appropriate.
1.13. Site — Means the Far Southwest Libra►y planned for the southeast cornec of McCart
Avenue and West Risinger Road, 76123 (Council District 6), which is depicted in the attached Exhibit "B."
Agreement with Erik C�rlson, dba Area C projects, for Preliminary Design of Public Arhvork for Far Southwest Library 2 of 26
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1.14. Work — 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
2.1. General.
a) Artist shall perform all services and will furnish all supplies and materials as necessaiy for
developing the Preliminaiy Design of the Work. Services shall be performed in a professional
manner and in sh•ict compliance with all tei•ms and conditions in this Agt•eement.
b) Artist shall determine the artistic expression, scope, design, color, size, material, texture aud
location of the Work, subject to appi•oval by City as set foi•th in this Agi•eement. City may request
changes to the Preliminaiy Design fi•om ti�ne to time �mder this Agree�nent, and Artist will address
City's requests.
c) Prior to coinmencing the Preliminaiy Design, Artists shall meet with and seek input fi•om Pcoject
Stakeholders.
d) A�•tist shall coordinate with tl�e City's Project Consultant and with Libcai•y staff on a location(s)
for tl�e Work; including investigating the feasibility of incorpoi•ating the Woi•k into tl�e Fai•
Southwest Libraiy and providing structural support or other infi•astructure needs to support the
Work. The specific location(s) at the Site where the Work will be installed shall be mutually agreed
upon by City and Artist.
e) Artist, upon request of Contract Manager, shall pi•ovide information and/oi• attend meetings with
appi•opriate City staff for puiposes of risk assessment, safety i•eview, sighting of the Work, and
permitting.
fl Artist shall exploi•e concepts for the Work, within the implementation budget set foi•th in Article
2.3.
g) Ai•tist sl�all meet and cooi•dinate with Contract Managei•, City's Project Consultant, City staff, and
others, as necessaiy, to explore the feasibility of integrating the Work into the Site in terms of
structui•al suppoi•t oi• other infi•asti•ucture needs for the Work.
h) Artist shall develop the Preliminary Design within the implementation budget set fortl� in Article
2.3.
i) Artist sl�all present the Preliminary Design to the FWAC for joint review with the Project Core
Team, other Project Stakeholders, the appropriate City staff, and for the FWAC's approval at a
Agreement �vith Erik Clrlson, dba Area C projects, for Preliminary Design ofPublic Arhvork for ['ar Southwest Library 3 of26
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regularly scheduled FWAC meeti»g. The Preliminary Desi�n shall subsequently be shared with
City boards or commissions, as appi•opriate.
j) Ai•tist shall be available for a meeting with the Project Core Team and a sepai•ate presentation to
the Fort Worth Art Commission as indicated above, in the form of either a physical h•ip to Fort
Worth or, pending COVID-19 developments, via Zoom, WebEx, or other virtual teleconference
meeting platforms. Additional trips may be required may which would be negotiated and agreed
upon in writing by City and Al•tist.
k) Artist may make up to (2) ti•ips to Foi•t Woi•th, Texas for meetings and pi•esentations as indicated
above, and shall be compensated for travel pei• item 3.2.a.vii in the Payment Schedule. If artist
chooses not to ti•avel to Foi•t Wortl�, Texas, due to COVID-19 safety concerns, Artist shall
participate in meetings and make pi•esentations as indicated above via Zoom, WebEx, or other
virtual telecommuting platforms and shall receive no travel compensation. Additional meetings may
be i•equired and could be negotiated and agreed upon in writing by City and Artist.
1) Artist shall allow video recoj•ding and photography of theii• pai•ticipation during activities related to
this Project such as presentations and meetings.
m) For the duration of the Agreement, if Artist intends to seek its own publicity for the Work including
publication on Ai•tist's website or social media, such efforts and/or press releases must be
appi•oved, in advance, by Contract Manager.
2.2. Citv Assistance.
Upon reqliest 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
di•awings of the Site, if available.
2.3. Pi•eliminary Desi�n Deliverables.
(a) Withii7 three (3) montl�s after the Effective Date, Artist shall pi•ovide sei•vices and all s�ipplies,
materials, and equipment necessa�y to pr•ovide certain deliverables, as set forth in this Article 2.3 to
City for approval. Pi•eliminaiy Design Deliverables shall consist of the following:
i. Detailed, design illustrations for the Work for tlie Site, which shall be in a high-resolution
digital foimat, such as JPEG or TIF files, showing the pi•oposed Woi•k fi•om multiple vantage
poi►lts with at least one illustration showing the Work's size and placement in relation to the
Site;
ii. A narrative description of the Artist's concept, proposed materials, fabrication, and installation
inethods, timeline foi• completion and maintenance, and anticipated annual maintenance
rec�uirements;
Agreement with Grik Carlso��, dba Area C projec[s, for Preliminary Design of Public Artwork for Far Southwest Library 4 of26
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iii. Installation diagr•am, including approximate weight of the Work and proposed installation or
attachment method(s);
iv. A Preliminary budget estimate, on the budget form attached hereto as Exhibit "C," for Final
Design and Implementation of the Work in an amount up to $153,104.00 which includes all
costs for materials, engineecing, labor, fabrication, delivery, installation, insurance (City
requii•ements attached hereto as `Bxhibit D"), travel costs, ti•anspoi•tation, i•emaining Artist's
fee of $14,433.00, a contingency of $16,448.00, and all other associated costs for the Work.
v. Artist shall provide the Preliminary Design pi•esentation matet•ials in PowerPoint format to the
Contract Managec to become part of the City of Fort Worth Public Art archive owned by City.
All documents, models, and/or drawings will be retained for archival and exhibition purposes.
(b) Preliminary Design Deliverables shall be submitted to the Contract Manager no less than two (2)
weeks prior to the schedLiled Preliminaiy Design pi•esentation for staff review.
2.4. Preliminar�gn Review.
(a) Upon completion of the Preliminary Design Deliverables, Artist shall present the Preliminaiy Design to
the FWAC, Project Core Team, Project Stakeholders, and other community members for review and
approval at a i•egularly scheduled FWAC meeting.
(b) City shall notify Artist of its approval, or disapproval, of the Preliminary Design within thirty (30)
calendai• days of Ai•tist's presentation to the FWAC, Project Core Team, Project Stakeholdei•s, and
other community members.
(c) If City requires any revisions to the Preliminaiy Design, then City shall inform Artist of eacl� revision.
City may i•equire Artist to �nake such i•evisions to the Preliminary Design as City deems necessaiy in its
sole discretion and/or foi• the Work to comply with applicable statutes, ot•dinances, or regulations of
any governmental i•egulatoi•y agency having jurisdiction over the Site for reasons of safety and security.
(d) Ai•tist shall have sixty (60) calendar days fi•om t11e date City informed Ai•tist of the i•evision(s) to
present the Preliminary Design in conformance with City's requirements.
(e) If City disapproves of the i•esubmitted Preliminary Design, any further Preliminai•y 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 resub�nission process, then this Agreement
will automatically tei•minate, with payment to the Artist per the payment schedule in Ai•ticle 3 up
tht•ough the date of termination. (See Article 4.4.d) In such event, Ai•tist will be compensated for any
services pei•foi•med and expenses incurred but not yet paid �mder the Payment Schedule.
( fl Upon City appi•oval of the Preliminary Design, any revisions made to a City-approved Preliminary
Design shall become part of the Preliminary Design. Artist shall incorporate airy City-approved
Agreement with Erik Carlson, dba Area C projects, for Preliminary Design of Public Arbvork for Far Soutliwest Library 5 of26
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revisions into the final design in conformance with City's requirements. Atry revisions shall become
part of any final design delivei•ables if the Ai•tist pi•oceeds to the final design phase.
(g) Upon the expiration of the Term (hereulafter defined) of this Agreement, if the Preliminaiy Desigil is
accepted by City, negotiations for final design of the Work sliall commence, which shall become part of
the delivei•able under any potential artwork commission conti•act.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Com�ensation.
Total compensation to Aj•tist under the Agi•eement shall be in an amount not to exceed ELEVEN
THOUSAND THREE HUNDRED SEVENTY-ON� DOLLARS AND NO CENTS ($11,37L001,
which shall constitute fiill compensation foi• any and all costs associated with the Agreement, including an
engineering and consulting fee allowance of up to $2,000.00, an Artist's fee of $7,771.00, travel allowance
in an amount of up to $ l,600.00, and services performed and materials furnished by Artist under this
Agreement. Artist and City may amend this Agreement to allow for additional payment if additional
services are required. Any changes requested by the City shall not require City to pay Artist any additional
compensation under tllis Agreement.
3.2. Pavment Schedule
(a) City agY•ees to pay Artist in the following installments set forth below, each installment to represent full
and final, non-refiindable payment for all services and mater•ials provided prior to the due date thereof:
i. ON� THOUSAND DOLLARS AND NO CENTS ($1,000.00) upon execution of this
Agi•eement.
ii. ONE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,000.00) witllin
thirty (30) calendar days after Artist either travels to Fort Worth and meets with the Project
Core Team and other corrun�mity members or meets with them virtually to gather input on the
proj ect.
iii. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) calendar
days after Artist submits all of the Preliminary Design Deliverables requiced under Article 2.3
of this Agreement.
iv. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) calendar
days after Artist makes a presentation of the Preliminary Design to the FWAC, the Project
Core Team and other comm�ulity membei•s puisuant to A�•ticle 2.4(a).
v. ON� THOUSAND SEVEN HUNDR�D SEVENTY-ON� DOLLARS AND NO CENTS
($1,771.00) within thirty (30) calendar days after City's approval of the Preliminaiy Design.
Agreement with Erik Carlson, dba Area C projects, for Preliminary Design of Public Artwork for Far Sou[hwest Library 6 of26
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vi. An engineei•ing allowance of up to TWO THOUSAND DOLLARS AND NO C�NTS
($2,000.00) for preliminary consultation as needed. Such payment shall be made for actual
services rendered only and upon receipt of an invoice fi�om Artist with the o�•iginal invoice (a
retainer fee of up to 50% is allowed) for such seivices attached.
vii. City will provide a ti•avel allowance of ONE THOUSAND SIX HUNDR�D DOLLARS
AND NO C�NTS ($1,600.00) for travel costs for up to two (2) trips by Artist at $800.00
each t��ip, oi• one (1) trip by Artist team at $1,600.00, pl•ovided that Project Managei• has
approved travel in advance and in-person Project Core Team and/or in-person Fort Worth Art
Commission meetings ai•e taking place. If ai•tist chooses not to travel to Fot•t Worth, Texas, due
to COVID-19 safety concei•ns, Artist shall participate in meetings and make pi•esentations as
indicated above via Zoom, WebEx, or other virtual telecommuting platforms and shall receive
no travel compensation. This stipend is pi•ovided in accoi•dance with GSA Pei• Diem Guidelines
and sllall cover all travel expenses.
3.3. Sales Taxes.
City is a ta�-exempt organization and no state or local sales ta�:es or federal excise taxes shall be due upon
the Project. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the same
foi•m as that attached hereto as E�ibit "E," for use by Artist in the fulfilhlient of this Agreement.
3.4. Ai•tist'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, equipment, Artist's overhead eYpenses,
mailing/shipping charges and insurance on submissions to City, cost of all travel, and costs for Artist's
agents, consultants, and/or employees necessaiy for tl�e proper performance of the services required under
this Agreement.
ARTICLE 4
TERM AND TERMINATION
4.1. Term.
This Agreement shall be in effect from the Effective Date, and, �mless terminated eai•lie�� pursl�ant to such
provisions in this Agreement, shall extend lintil final payment to Artist by City.
4.2. Gratuities.
City may cancel this Agreement if it is found that g�•atuities in the form of entertainment, gifts, or otherwise
wei•e offered or given by Artist or any agent or representative to any City or Conti•act Manager official or
employee with a view toward securing favorable treatment with respect to the awarding, amending, or
making of any determinations with i•espect to this performance of this Agreement.
4.3. Termination for• Cause.
Agreement with Erik Carlson, dba Area C projects, for Preliminary Design of Public Arhvork for Far Southwest Library 7 of26
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If either party to this Agreement shall fail to fiilfill tl�eii• obligatiolls in accoi•dance with the ter�ns of this
Ag►•eement, o�• othei•wise violate any of the covenants, agreeulents, oi• stipulations matei•ial to t11is
Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in
accoi•dance with the dispute i•esolution process set fo1•th in Ai•ticle 5. If the Parties cannot resolve t11e
dispute(s), then the disputing party shall thereupon l�ave flie right to terminate this Agreement upon the
delive�y of a written "Notice of Te1•mination" specifying the gcounds for termination. Termination of this
Agreement �inder this provision shall not relieve the party in default of any liability for damages resulting
fi•om a bi•each or a violation of the tei•ms of this Agreenlent.
4.4. Termination for Convenience.
(a) The sei•vices to be performed under tliis Agreement may be tei•minated by eithei• pai•ty, subject to
written notice submitted thii•ty (30) calendai• days befoi•e termination.
(b) If termination is for the convenience of City, City shall pay Ai•tist pursuant to the payment provision in
Article 3, and Artist sl�all 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 disci•etion, to possession and transfei• of all work product pi•oduced by Artist under tllis Agreement,
including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and
designs, up to the effective date of termination, provided that no right to fabricate or e:cecute the Work
shall pass to City. In such event, Artist will be compensated for any services performed and expenses
incuri•ed but not yet paid under the Payment Scliedule.
(c) If termination is for the convenience of Artist, City shall have the right, in its sole disci•etion, to pay
Ai•tist pursuant to the payment pi•ovision in Article 3 or i•equir•e the Artist to remit to City a sum equal
to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective date of
termination If City chooses to pay Ai•tist, then all work pl•odtict produced by Artist under this
Agi•eement, including, but not limited to, finished and unfinished di•awings, sketches, photogi•aphs,
models, and designs, up to the effective date of tei•mination shall become pi•operty of City. If
termination is for the convenience of Artist and if such termination occurs after Artist's submittal of
Pi•eliminary Design Deliverables required unde►• Article 2.3 of this Agreement, City shall, in addition to
the other rights provided ii1 this Article, have the right to complete the Work, if feasible.
(d) If termi�lation is by mutual ag��eement of the Parties as set forth in Article 2.4, then City shall pay
Artist per the payment scl�edule in Article 3 up through the date of termination. City shall have the
right to possession and transfei• of all woi•k product produced by Artist under this Agi•eement,
including, but not limited to, finished and tuifinished drawings, slcetches, photographs, models, and
Agreement with Erik Carlson, dba Area C projects, for Preliminary Design ofPublic Artwork for F�r Soudnvest Library 8 of26
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designs, up to the effective date of termination. In such event, Artist will be compensated fo�• any
secvices pei•foi•med and expenses incurred but not yet paid under the Payment Schedule.
4.5. Incapacitv of Ai•tist.
(a) In tl�e event of Artist's death or Artist becoming physically or legally incapacitated during the term of
this Agreement, City shall have the right to terininate this Agreement on payment to Artist oi• Artist's
successors for all work and services perfocmed prior to death or incapacity. All work product
pi•oduced by Artist, including, but not limited to, finished and unfinished di•awings, sketches,
photographs, models, and designs, up to the effective date of tei•mination shall become property of City.
(b) Should Artist's Preliminai•y Design have been appi•oved, in the event of termination under this Ai•ticle
4.5, City shall have the i•ight to complete the Work, if feasible. Due regard shall be made for Ai•tist's
intended results and pi•opei• credit and acknowledgement shall be given to Ai•tist.
ARTICLE 5
DISPUTE RESOLUTION
(a) If eithei• Artist or City has a claim, dispute, or other matter in question foi• breach of duty, obligations,
sei•vices rendei•ed or any warranty that arises under this Agreement, the Parties shall fii•st attempt to
resolve these issues through this dispute i•esolution process. The disputing party shall notify the othei•
party in wi•iting as soon as practicable after discovering the claim, dispute, oi• bi•each. The notice shall
state the natiu•e of the dispute and list the party's specific reasons for such dispute. Within ten (10)
business days of i•eceipt of the notice, both parties shall make a good faith effort, either tiv�ough email,
mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute,
breacl�, o�• othei• matte►• in question that may arise out of oi• in connection with this AgY�eement.
(b) If the Pai•ties fail to i•esolve the dispute within sixty (60) calendai• days of the date of i•eceipt of the
notice of the disp�rte, then the Parties shall submit the matter to mediation in accoi•dance with Chapter
154 of t11e Texas Civil Practice and Remedies Code and Chaptei• 2009 of the Texas Government Code,
then in effect. Request for mediation sl�all be in writing, anci shall request that tl�e mediation commence
not less than flfteen (15) or more tllan 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
tl�e mediation oi• to the identity of a mutually agreed mediator within tllirty (30) calendar days following
the date of the request for mediation, then all tl�e conditioi�s precedent iu this article shall be deemed to
have occu�•red. The Parties shall share the mediator's fee and any filing fees ec�ually. Venue for airy
mediation or lawsuit arising under this Agreement shall be in Tarrant County, Te:cas. Any agreement
reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction.
No provision of tivs agreement shall waive any immtmity or defense. No provision of this Agreement
constitutes consent to sue. If the Pa�•ties cannot resolve the dispute through mediation, then either party
Agreement with F.rik Carlson, dba Area C projects, for Preliminary Design of Public Arhvork for Far Southwest Library 9 oF26
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shall have the right to exercise any and all cemedies available �mder law regarding the dispute. (See
Article 4.3)
ARTICLE 6
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
6.1. General.
(a) Upon payment in fiill to Artist ot• pursuant to the applicable tei•mination pi•ovision of this Agceement,
the Preliminary Design, Worlc, and all other work product under this Ag7•eement shall become the
physical property of City, without restriction on future use, except as provided below. Artist shall
retain copyright and other intellectual property rights in and to the Preliminaiy Design and/or Work.
By execution of this Agreement, Artist grants to the City an exclusive, perpetual, i•oyalty fi•ee, and
i►•revocable license to graphically depict and publicly display the Pi•eliminai•y Design and/oi• Worl< foi•
any non-commercial purpose whatsoevei•, except that the Work cannot be reproduced in any tln�ee-
dimensional form without permission fi•om Artist. For purposes of this limitation, any graphic depiction
or display of the Preliminary Design and/or Work intended to promote or benefit City, its public
services or its public purposes, regardless of whether or not a fee is charged to the public, or whether
�•evenue is otherwise received by City, shall be deemed a non-commercial purpose.
(b) In view of the intention that the Preliminaiy Design and the Work be tmique, Artist shall not make any
additional exact duplicate reproductions of the Preliminaiy Design or the Work, nor shall Artist grant
permission to others to do so except with the express written permission of City. However, nothing
herein shall pi•event Ai•tist fi•om ct•eating f�rture artworks in Ai•tist's manner and style of artistic
expression.
(c) Artist i•eserves every i•ight available undei• the Federal Copyright Act to control the makii�g and
dissemination of copies or reproductions of the Preliminaiy Design and/or Work (including all work
product under this Agreement), except as those rights ai•e limited by this AgY•eement City may malce
and disseminate photographs, drawings, and othej• two-dimensional reproductions of the Preliminaiy
Design and/or Work and accompanying inaterials foc airy inunicipal pui•pose. All reproductions by the
City shall contain a credit to flie Artist and a copyrigl�t notice substantially in the following form: "�
date, Artist's name."
(d) Nothing in tllis Agreement shall prevent the Artist fi•om using images of the Preliminaly Design and/oi•
Worlc (including all work product under this Agreement) for marketing and promotional purposes in
connection with the Artist's business.
(e) City is not responsible for any third-party infringement of Artist's copyright and not responsible for
pi•otecting the intellectual pi•operty rights of Artist.
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(� Artist is not responsible for third-party infi�ingement of the City's licensed use of the Preliminaiy Design
and Woi•I<.
6.2. Ai•tist's Address.
Artist shall notify City of changes in Artist's address as set forth in Article 12. The failure to do so, if such
failure prevents City fi•om locating A�•tist, shall be deemed a waiver by Artist of the right subsec�uently to
enforce these provisions that require the e�i•ess approval of Artist Notwithstanding this provision, City
sl�all make every reasonable effort to locate Artist when mattecs arise i•elating to Ai•tist's rights.
ARTICLE 7
WARRANTIES OF TITLE AND COPYRIGHT
(a) Ai•tist i•epresents and wari•ants that:
i. Pi•eliminary Desigu and/or Worlc shall be the original prod��ct of the Artist's sole ci•eative
efforts.
ii. Preliminaiy Design and/or Work is and will be tmique and original, and, does not infi•inge upon
any copyright or the rights of any person;
iii. Ai•tist has not sold, assigned, transferred, ]icensed, gcanted, encumbered, or utilized the
Preliminary Design and/or Work or any copyright related the��eto that may affect or impair the
rights gi•anted pui•suant to this Agreement;
iv. Pi•eliminaiy Design and/oi• Work (or duplicate thei•eo� have not been accepted for sale
elsewhere;
v. Artist has the full power to entei• into and perfoi•m this Agi•eement and to make the grant of
i•ights contained in this Agreement; and
vi. All services perfoi•med hei•ewlder shall be pet•formed in accordance with all applicable laws,
regulations, ocdinances, etc., and witl� all necessa�y cai•e, skill and diligence.
ARTICLE 8
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and se�vices hereunder as an independent contractor, and not as an officer,
agent, servant oi• employee of City. Artist sl�all have exclusive conti•ol of, and the exclusive i•ight to control
the details of the work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing
herein shall be constt•ued as creating a partnership or joint venture between City and Artist, his/hei• officei•s,
agents, employees and subconti•actors, and doctrine of i•espondent superior has no application as between
City and Artist.
ARTICLE 9
INDEMNIFICATION
Agreement with Erik Carlson, dba Area C projects, for Yreliminary Design of Public Arhvork tor Far Southwest Librnry 1 1 of26
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9.1. GeneralIndemnitv.
(a) ARTIST COVENANTS AND AGRE�S TO AND DOES HER�BY INDEMNIFY, HOLD
HARML�SS, AND DEFEND, AT ITS OWN �XPENSE, CITY FROM AND AGAINST ANY
AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUS�S OF ACTION, LI�NS,
LOSSES, EXPENSES, COSTS, F�ES (INCLUDING, BUT NOT LIMITED TO,
REASONABLE ATTORN�Y'S FE�S AND COSTS OF DEFENSE), PROCEEDINGS,
DEMANDS, DAMAGES, LIABILITI�S, AND/OR SUITS OF ANY KIND OR NATURE,
INCLUDING, BUT NOT LIMITED TO, THOS� FOR PROPERTY LOSS (INCLUDING,
BUT NOT LIMITED TO, WORK�RS' COMPENSATION ACT LIABILITY, LOST
PROFITS, AND PROP�RTY DAMAGE) AND/OR P�RSONAL INJURY (INCLUDING, BUT
NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTH�R HARM FOR
WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING
FROM ANY ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S
SUBARTISTS AND CONTRACTORS AND TH�IR RESPECTIVE OFFICERS, AG�NTS,
�MPLOY��S, DIRECTORS, M�MBERS, PARTNERS, AND REPRESENTATIV�S IN
CONN�CTION WITH THE EXECUTION, PERFORMANCE, ATT�MPTED
PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT.
(b) Ai•tist agrees to and shall release City fi•om any and all liability for inj�u•y, death, damage, oi• loss to
persons or property sustained or caused by Artist in connection with or incidental to performance under
this Ag�•eement.
(c) Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in
favor of City in substantially the same form as above.
9.2. Intellectual Pi•opertv.
Artist agrees to assume full responsiUility 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 copyriglited works by Artist. City expressly asswnes
no obligations, implied or othei•wise, regarding payment ol• collection of any such fees or financial
obligations. City specifically does not authoi•ize, permit, oi• condone the i•eproduction or use of copyrighted
materials by Ai•tist without the appi•opi•iate licenses oi• permission being secui•ed 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,
DAMAG�S, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING,
BUT NOT LIMITED TO, ATTORNEY'S �� ES, TO WHICH THEY MAY BE SUBJECTED
Agreemei�t with Erik Carlson, dba Area C projects, for Preliminary Design ofPublic Arhvork for Far Southwest Library 12 of26
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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 i•eview or obtain
appropriate licensing and all such licensing shall be the excl�isive obligation of Artist.
ARTICLE 10
EQUAL OPPORTUNITY
(a) Artist sl�all not engage in any unlawful discrimination based on i•ace, creed, coloi•, national oi•igin, sex,
age, religion, disability, marital status, citizenship status, sexual oi•ientation or any othei• prollibited
ci•iteria in any employment decisions i•elating to this Ag►•eement, and Ai•tist repi•ese►lts and warrants that
to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all
applicable laws and regulations in any employment decisions.
(b) In the event of Artist noncompliance with the nondisci•imination clauses of this Agreement, this
Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred
fi•om fiu•thei• agi•eements with City.
ARTICLE 11
MISCELLANEOUS
11.1. Compliance.
Artist shall comply with all Federal, state, and local statutes, ordinances, and i•egulations applicable to the
perfoi•mance of Ai•tist's services under tliis Agi•eement.
1 1.2. Entire A�reement.
This wi•iting embodies tlle entij•e agreement and ��nderstanding between the Parties hereto, and thei•e are no
othec agreements and understandings, oral or written, with reference to the subject matter hereof that are
not merged herein and superseded hereby.
11.3. Amendments.
No alteratio�l, change, modification, or amendmeut of the tei•ms of this Agreement shall be valid or effective
unless made in wi•iting and signed by both parties l�ei•eto and appi•oved by appropriate action of City.
11.4. Waivei•.
No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent
default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for
any period after a default shall not be deemed a waiver of a�ry cight or acceptance of defective performance.
11.5. Govei•nin� Law and Venue.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agi•eement, venue for such action shall lie in state cotu•ts located in Tarr•ant County, Texas or the United
Agreement �vith Erik Carlson, db� Area C projects, for Preliminary Design ofPublic Art�vork for Far Southwest Library 13 of26
Execution Copy
States Disti•ict Coui•t for the Noi•thei•n District of Texas — Fort Woi•th Division. This Agceement shall be
construed in accordance witll the laws of the State of Texas.
11.6. Successors and Assigns.
Neithei• party hei•eto shall assigii, sublet, or tcansfei� its intei•est herein withotrt prioi• written consent of the
other party, and any attempted assignment, sublease, or transfer of all or any part hei•eof without such pi•ior
wi•itten consent shall be void. This Agreement shall be binding �ipon and shall inu►•e to the benefit of City
and Artist and their respective successors and permitted assigns.
1 1.7. No Third-Partv Beneficiaries.
The provisions and conditions of this Agreement are solely fo�• the benefit of City and Artist, and any
lawful successor or assign, and ai•e not intended to create any rights, coutractual, or otherwise, to any otliei•
person or entity.
11.8. Severabilitv.
If any provision of this Agi•eement shall be held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
11.9. Force Majeure.
It is expressly undei•stood and agreed by the Pai•ties to this Agreement that, if the performance of any
obligations hereundei• is delayed by reason of war; civil commotion; acts of God; inclement weather;
governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots;
matecial or labor restrictions; transportation problems; or any other circumstances which are reasonably
beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform
the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the
party so obligated or permitted shall be excused fi�om doing or performing the same dtu•ing such period of
delay, so that the time period applicable to such design or construction rec�uirement shall be extended for a
pei•iod of time equal to the period such party was delayed.
1 1.10. Conti•act Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this
Agreement and that the noi•mal rule of consti•uction to the effect that any ambiguities are to be i•esolved
against the drafting party must not be employed in the interpretation of this Agreement or any amendments
or exhibits hereto.
11.11. Fiscal Fundin�rt.
If, fo�• auy reason, at any time dui•ing any term of this Agreeinent, the Foi•t Worth City Council fails to
appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may
terminate this Agi•eement to be effective on the latei• of (i) thirty (30) days following delivery by City to
Agreement with Erik Clrlson, dba Area C projects, for Prelimii��ry Design ofPublic Artwork for Far South�vest Library 14 of26
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Artist of written notice of City's intention to terminate or (ii) the last date for whicll funding has been
appropriated by the Foi•t Worth City Council foi• tlle purposes set forth in this Agreement.
11.12. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a
part of this Agreement.
11.13. Right to Audit.
Artist agrees that City will have the right to audit the financial and business records of Artist that i•elate to
the Worlc (collectively "Recoi•ds") at any time dui•ing the Term of this Agreement and for three (3) years
thereafter in order to determine compliance with this Agreement Throughout the Term of this Agreement
and for thi•ee (3) yeai•s thereaftei•, the Ai•tist shall make all Recoi•ds available to the City at 200 TeYas
Sti•eet, Fort Woi•th, Texas oi• at anothei• locatiou ii1 tl�e City acceptable to both parties following reasonable
advance notice by the City and shall otherwise cooperate fully with the City during any audit. Artist shall
i•equire all of its subcontracto►s to include in their subcontracts a right to audit in favoc of City in
substantially the same foi•m as described i�l this Article 11.13.
1 1.14. Cei•tified MWBE.
If applicable, Artist is eucouraged to make its best effort to become a certified Minority Business
Entei•prise (MBE) or Wo�nan Business Entel•pi•ise (WBE) firm with a certifying agency whose cei•tification
is accepted by the City under the City's Business Divei•sity Entetpi•ise Ordinance.
1 1.15. Sui•vival Provision.
The provisions contained in Articles 4.5 (Incapacity of Ai•tist), 6(Ownei•ship and Intellectual Pi•operty
Rights), 7(Warranties of Title and Copyi•ight), 8(Artist as an Independent Conti•actor), 9
(Inde�nnification), and 11.13 (Right to Audit) shall sw•vive the termination or eXpiration of this Agreement.
11.16. Co�mterparts and Electi•onic Signatures.
This Agreement n�ay be executed in several cou�lterparts, each of whidl 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.
1 1.17. Time Extensions.
The Parties may agi•ee, in writing, to extend or modify any of the time deadlines set forth in t11is Agi•eement.
11.18. Israel.
If Artist is a company with ten (10) oi• moi•e full-time employees and if this Agreement is foi• $100,000 or
more, Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City
is prohibited fi�om entering into a contract with a company for goods or services unless tlie contract
contains a written vecification fi•om the conlpany that it: (1) does not boycott Israel; and (2) will not boycott
lsi•ael during the term of the conti•act. The terms "boycott Isi•ael" and "company" shall have the meanings
Agreement with Grik Carlson, dba Area C projects, for Preliminary Design ofPublic Arnvork for Far Southwest Library 15 of26
Execution Copy
ascribed to those terms in Section 808.001 of the Texas Government Code. If applicable under this
Agceement and Artist is considered a"company," Gy Slg/TllTg litISA�PBCi1lCilt, Artist cet'tlfeS lI1C/t Ai7ist's
signatrrre provi�les writte�t verificrrtion to tlte City drnt Artist: (1) rloes itot boycott Israel; anrl (2) will
itot Goycott Israel d�rrii7g tlte term of the Agreef�retrt.
ARTICLE 12
NOTICES
All notices, requests, demands, and other communications which are rec�uired or permitted to be given
under this Agreement shall be in writing and shall be deemed to have been duly given upon the delive�y or
receipt thei•eof, as the case may be, if delivei•ed personally oi• sent by i•egistered oi• cei•tified mail, retu►•n
receipt requested, postage prepaid, as follows:
1
CITY OF FORT WORTH
Assistant City Manager
City Manager's Office
City of Fort Woi•th, Fort Woi•th City Hall
200 Texas Street
Foi•t Worth, TX 76102-6314
2.
Copies to: City Attoi•ney
Office of the City Attorney
City of Fort Worth, Fort Worth City Hall
200 Texas Street
ARTIST
Fort Worth, TX 76 102-63 1 4
Martha Peters, Director of Public Art
Ai•ts Council of Foi•t Worth & Tarrant County
1300 Gendy Street
Fort Worth, TX 76107
Erik Carlson, dba
Area C Projects
2 Westwood Avenue
Ci•anston, RI, 02905
(Signatcn�e Page to Follo�-i)
Agreement with Grik Carlson, dba Area C projects, for Preliminary Design of Public Arbvork for Far Southwest Library 16 of26
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IN 4V11�NLSS I(EREOI�, thc f'c11'fICS I1CI'CLO Ili1VC C�CCUIzC� IIIIS A��reeinent to be efferti��c as e�f the E f�tective
Da te.
CI-I'1' OP POR'f WORTH
b��; �-�Gya.��
f�crnando Cosla
Assist<int Cit�� Nlana�er
����: G/zs/zoz�
�1rea C I'rojects
Date: �n I Z, �"`
2., 0 Z.. �
C(iNTR�C'i' CO\qPLI:�NC'f_: ti�1.AN�GLR
[3y siLnin�, I acknowledge that I am the p�rson res��onsiblc
f'or the monitoring and administration of� this contract. inclu�lin�
ens�n�ing all perlormance and reportin� requirements.
/
i
�mc: Atnte Allen
"fitle: Public flrt Project Man���er
nPPROV[:D AS "I'O FORM AND Lf:GAL.I l l':
f3��: �
Jcssih• .I. V��illiams�ssititan� Cit� ;�ttoi•ne�
A"I�"i`L:S"I': i
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��ill')' �{i1VSt'I' �
City Secretary '
�orm 129i: Not Applicable
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I�.CCCl�llnll Cu��1� �
[:rik Carison, dba
Exhibit A: Project Outline
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PIIEETIt+lG UATE:
PROIECT NAME:
ACTIc�N:
CITY OF FrJRT'�'JORTH
ART C(3h4�v11SS'1�JfV
Page 10{ 5
NVVEMBER 1"l, 2019 AGEhlD,SITEPA:V.c.
FAR SO�JTHWEST LIBRARY PROJECT OUTLINE
Rpprove Project Outiirre for Far Sa�,tthwest Library Pubiic Rrt Project, SE
cornar of McCart Avenue and L^/e,t Risinger Raad, 75123 (Cour�cii Uistrict 6)
PrujEct Manager: Anne Alfen Email: aallent�fwpublicartor� Ph�ne: 817_29£3.3028
Agreement �vith Erik Carlson, dba Area C projects, for Prelimivary Design ofPublic Arhvork for Far South�vest Libr�ry I 8 of26
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Far South4vest Library Public Art Project Outli►7e
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���rthw2st Lilarary
The City of Fr�rt W��r#h is rJesigni�g and buiiJing a neur r�gianai library in far 5ou�h4,�est Fc�rt 5N=�rth, TI7e
�ew 1�uilding will be I�cated at thz suuthrast corner of McCart Avenue a:�� West hisinger Roa� in
C�imcil C�istrict o across the stre2t from ti�e ne�v South Patrol Divisic�n Police 5t�ti��� currentfy under
design.
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Agreement wi8i �rik Carlson, dba Area C projects, for Preliminary Design ofPublic Artwork for Far Southwest Library 19 oC26
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BAtKGROUND
The 1Neclgwoo:l Library, whicl7 ope:�ed in 1�62, is the City af Fort Worth's alclest antl smaElesL public
lilarary, and �elQved by r�sid�nts, wl7o frec�u�ntly walk to it. In r�Fed of expansic�r� due ta gr��:vth in tt�it
s2ctur, it haJ beeri slated for rep1���133L'lt L7}� 8 I1�LV� larger iibrary on the ;ame sit�. Ulh�n the
c�mn�unity argued for it to be sav�cl, th� City wz�t tl�e zxtra milz, and opted to kee� th? We�gwoocl
iabrary while alst� constructing a a�ew regi�,nal library in th� fsr southtvest Fort Wortf�, a�� area tivh�s2
rapid gr�tvth has Ueen fueled in part by the Chisholm Trail Farkt�ray, The prnject to dzsign ,�nd l�uild a
��w rQgior�al library was indudeci in th� city`5 2418 Ban�i Pr�gram, an�l the pr�ject scc��e includ�s
design and construction ��f a ic,oa�-i°,c��o s�u3re foot ragiu�al lih�r�,ry facility.
An architect avill be selected by the end af ��ctobrr 2D19; tl7e ilesign pracess ss axper�t2c1 to ta',�c� 12
m�nths and cc�nstructiun 1� m�nths, tvitl7 rhe �rojeet k�eing ce�n�pleted in tl�e first q�arter of 2�21. 91ie
l;u��et for tlesign anr� con�truction of the library is $9.07 rr�illic�n. The �roject is i,� Cauncil Pistrii.t 6.
RUB�I� ART SITE AND APPRC�ACH
This pul7lic art �roje�t prtavides an Gpportunity fe�r a,*r arcist to creat� a uniqu� artwork for tl�a new Far
S��uth.�,��st Lihrary. The artwork may he i�tegrate� i�to tl�e interic�r andjor ext�ri��r ofth? facility, in
�rc�rdinarian witf� the City's consultants; ar it ��3y be a fre�-stan�ling vrurh outside of the facility.
R�presentative� cf ti-�� f�rt Wortl7 Library Departn-�ent note�l that the artwurk c�uld be a� interi��r or
�xterior ri�ce and abserved that an exterior piP�� is n�ore visually accessible to tl�e general pulalic. �+n
interi�r�rfvrork c�uld als4 k�e visible from thF �xterior of tl�� facility simil3r ta the a��roaeh taken by tha
artw�ri, at the Ella A4a� Shaml�IEe Library ancl NVt+ Library {see examples pii:tured above�.
Alti7ough the o��artunities of eac�7 site a�d project are uniyue, therF is a�esire Qn the part of Library
yt3ff th��t th� ar�wcark be c�gniz3nt of the artwork being �_�,mmissionerJ for tlie Suuth R3trc�l Di�isiur�
pr lice Statran, as tl�e tw� facilities are across the road from anP another. 7l�Prcfor�, shari�tg of RrujFrk
Cflr� T�am Memt�ers acr�ss b�th prajects n�ay iae rec�mm�ndzcl !�y Council sUlember�ardan.
In comn�issifli�i:�sg 3 public a�t projact fortiie ne�v F3r `�authwest Library, th�re is �n �pportunity ta
iiave a lasting impac�t an multiple generatio�s �f reside^�ts in this quickly grott�i�g part af th� City; to
enhance th� �Iready engagir�g and er�ueatiunal nature uf tl�e library experienc�; to �ff�r vrays f�ir
readzrs Gf all ages to experiz�ce and leam fram visual art, and to L,�c�mL a saught after desti�ati��� —;�
g�m—at ti7e heart r�f what is already becUming �� bustling cammunity.
PUBLIC ART BUDGET
T1te Fublic A,rt Plcat� far the 20Yt� Bc�nd Prograrn d2signate�l ap�roximately �].43,500.�t0 (i�cfuJing
project manageme�t rosts) fUr the Far 5uuthwest Public Art Project. The proje��t w�s included in the
Fort IA�orth F'ubli�: ,4rt FiscQ! Year 2C�19 Anntra! Wark Flan, adopt�tl by City Council an Ne�v�r7iber 5,
z�l� (h1&c c,-1�?412}.
PR��JEGT CORE TEAM/5-7 Meml�ers/TBC�
C�auneil h4en��b?r Jnrdan n�ay r�cumm2�cl some ov�rlap��ng of Project Core Team Meml�ers tvith those
setving on the Sauth Patrol Di�isian Fulire �tation, As;�o;�� as ±he Pr�j?ct Core Team is cunfirn�ed,
Agreement with Erik Carlson, dba Area C projects, for Preliminary Design of Yublic Arhvork for Far South�vest Library 20 of 26
Gxecution Copy
tf�ey will be convened t� �hare tl�eir guals and aspirations for the proj�ct, which will guide the Artast
Sel?Ctl4tl Pf�Ce55.
ARTIST ELIGIBILITY
Staff w�ll recommend 8-10 ertists from the Fart Worth Public Art Pre-c�ualifi�d Lists c,f EmPrgi�na and
Esta�lished Artists, and aciditional artists by invitatio�s, Svh�se vrork would be a g�a�d fit for the �ra;i�ct.
ARTIST SELErTIr�N PANEL MEETIN�� #1
FUVPA staff shall pres�nt a pool r,,f 8-ld qualified ar�ists fr�rn �he Fr rt Workh Public Art P�e-QualifaFd
Lists rf EmFfging a^�cl Est�blishQc� Artists, anr� additianal artists by invitatia�n. Artists will k�P cr,,r,tact�ru
priort< �Ping cr�nsidereJ �yth� Artist Selectir�n Panel, tr a,cAstain their interest and availabilir�. T!,�t
Artist �_lecti�,� Panel �hall review �hp ariists' q'��lifi�:�tio^�s and sLle�t 3 finalists a:�r,� r,np alter7.�te.
fA,�ote: T17e A,�tast Se�ectio�t F�ane! ftlt�y recluest thrat� �r�nii.s#s be Uskec! ta devela� cvrree,�tua� ,�rop�sals rrt
tltis t�rne�.
aRT15T SELECTION PAfVEI MEETiNG #2
Th� A�tist S�lertir�n Pa�,el sl�alf inter�ievr each af thP threa fi:�ali�ts ia�dividually, and if they htave b�Pro
aske� to dFvelop co�ceptual proposals they tivill be pre�ented a� this mPeting. The Ran�l iii�y �13�n ask
guFstion� al�aut their professional experierice and relat�d work, The Panel avill th�n rec��rrimand c��e
artist (ar thetr �roposal) and anP alternate (�r their ��rap�salj f��r the projert. UEx��i the FWA�'s
a�.proval af the Par�el's recamrnPndatiUn, a Prelimi�ary Design ar Final Uesign contract tivill k:�p
executed tivith the sPlectec! artist. [Nnte: If the Selection P�nel Meeting #? is intervieGvs only, the Artist
Selectl�n Fanet may reguest thc,t sorne or all Qf the finatists be crsked to clevelo�� conceptua!,�!o�.nsrrls
�rfor ta rnaking a finnf recommendatiori ta the FWA£).
MEETING FAtILITATaR: Anr�e Allen, Public Art Rroj2ct M�nager, Arts C�uncil of Fart Worth
ARTIST SELEC7tON PANEL (Votfng)
1, �ouncil Member Jungus 1r�rdan Distrirt 5
2. TBD, elected, Proje�t C�rP Teai�i M2mber, flistrict �
3. JamQs Talamk�as, Fort Wr�rth Art C�irimissir�7�r
4. TBU, Artist or Arts Praf�ssional
�, T�D, Gity's Dasign r_r,nsultant
A�VtS�RS (N�on-voting)
1. �,lanya Shore, ti�rary Caep�r#m�nt, �ity �f �art bVor�h
2. Marilyn Marvin, Lihrary DepartmPn�, City af Fort 1Nr�rth
�. Alfor6so Meza, Pr�perty Manag�rr+prrt, �rrhit��t�iral �ervirps, City af �ort War�h
4, TBD, Contract��rs
5. dther Prr�j�ct Core Team M�mbers
6. �thers as may bQ appr�priate
Agreement with Crik Carlson, dba Area C projects, for Yreliminary Design of Public Arhvork for Far Southwest Library 21 oF26
Eaecution Copy
Exhibit B: Site
Tlie new Far Southwest Libracy Public Art Pi•oject, SE coi•ner of McCart Avenue and West Risinger Road,
76123 (Couucil District 6) (Blue star denotes Far SW Libraiy; green triangle denotes South Pah•ol Police
Station)
a
���� rro�,� iey Mid,91e S�huol
�y R;'jnn=r Itr�
i�
�- C.,ndleridgn (:nn�rr�un�ty O'�
� Baptis� Ciw�ch
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� � �a tdetv l3ir�h Missionary
's` 3�piist ChUrch
t'i /tl.si�i�tcr f;�l
C+
'_ .�.�...... �,'�.I
��S•q
Rackf-louse
(icllY���uri� 1'I � ,
Childcare Ple:vrork
i;`i)
�McC�rt Ave 8
4'! Risinyer Rd f
IbRl;, �'q;;
ritl_i r7�1 ' '' li.r
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....�,r;�::i,�:,i�i �.�
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Agreement with Erik Carison, dba Area C projects, for Preliminary Design of Public Arhvork for ['ar South�vest Library 22 oF26
Execution Copy
Exhibit C
Implementation Budget
PORT WORTH PUBLIC ART PROJECT BUOGET
Please complete lhis form and attach a signed receipt or eslimate complele wilh per unil
costs (no lump sums) for all ilems designated wilh an aslerisk('). Cost increases must
also have a writlen estima�e altached.
ARTIST'S FEE
TRAVEL
(For artists who live more than 50 miles from Fort Worth)
Ai�fare
Car Renlal
Per Diem Expanses at S_ per day
Mileage at $___ per mile
INSURANCE
AutolHired Vehicle Liability
General Liabillly for Arlist / Subconlraclors
Worker's Comp. I Employer's Liability
Olher, as applica6le
APMINISTRATIVE �XPENS�S
PhonalFax
DeliverylShippfng (for correspondence, samples, models, drawings etc)
Reprographic Service
Supplies
PROFESSIONAL CONSULTANT FEES
(If applicable, drawing must he signed and sealed by a professional regislered to practice
in Ihe Sl�te of �exas)
Architect'
MATERIALS
Structural Engineer'
Electrical Engineer'
Conservalor'
Pholographer (for documentalion of completed work)'
Other'
(Please attach a complefe lisl of materials. Itemize all anticipated aspects and
components v�ith per uni[ cosl estimales)
A9aterials` Total
FABRICATION COSTS
(Include and itemize all porlions of subconlracted work and work to he completed by
artisl.)
ArtlsPs Labor (_ hours at $_ per ttour) Total
Suhconiracted I_ahor' (Tntal)
FacflitylEquipmenl Rental (used exclusively lor this projecl) relaled to fabricalion
SITE PREPARATION
(�o not include costs covered by FWPA, City of Farl WoAh or olhers)
Tesl Drilling'
Removai"
LandscapingArrigation•
Electrical ModiGcalinns"
Water Work/Mechanical Devices
Other'
(Rovisad tilay 2011)
Agreement �vith Grik Carlson, dba Area C projects, for Preliminary Design ofPublic Artwork for I'�r Southwest Library 23 of26
Execution Copy
Eshibit D
Insw•ance Requirements
Sl1LLFL�F1..L11 PFL����.�i3'L`7{JV1' �i.e�vl-liL1lLV�IJ11`.L:i1L.~V�{J
:��ci.t :�a�i iueet all the foll�+i�-iva i�.w�a�ce re��z�iressseut; for tlus PrajEct. If r�tis� ;ubc.+at�a�_?�
f3bYYC3t]QII. ti'3Ti��01t3�4IIi a114'4T 1dY��3ll1t10L" 0�8 �Q iT4�93��. ��SQil f''1"ti�f ��Il�ll �:G 1'ECylCll'$ �E.'�I�C
.�lr�ant�-a�torfs) ta abicle by a$1 cf �I�e follar.�t�� i�,�ranr_e r�equie•giue�t�.
C oYnmarrial Gex�er:+l L;at,ilit�- (C GLj
S1,�J�.GOfl Each occiureuc�e
S�`,�UU,�J�JG A�gregate li:uut
Cac•eiage :1��1 includ�. b►et �at Le liuuted to, the tD�4�1711?: g71'Qll11=-2;_ opeiWtiuu:. iude��aeut
con�actar:. products'completed a�eiario�:. pe�saual injiuy. 3nd conh�ct�a: liabilit��. I�ur�..c�:� �l�.�ll U�
gr��•ided �u an occtureuc� Uases, and be a. con��reheu:ire a. tl:e ctureut In;tu-ance �en•ice: i�tiice +,ISfJ}
poli�v. The pati�y :l�all uas�e C`ity as au �dditiaual iu,m�e�.
B�ilee's'Properh• (if opplic�hle)
The i�and m�iine polic}� shali protide gar artun�e�ce �o�: erage at re�laceiuent eost ti•alue 1�3��1 an t�.�e
�3te=t aggi-�iserl � alue of tlie ,�ttn�ot�k, tiulueli is euh-�es#e�l to t�� ;�i#i:t wd i, con.idet�ed ta �e iu t��
:�-ta:t°s �are, cu=todv, aad can9rol aud ;hall include prane�t�� "i� Ran;i#."
�.�rtvimobil� Li;�bi]ih-
S1.00�J,Oha Each accideat
or
S_:�.�SCU Bndil}'i�;wz•g�r���.on
5�4�,�?rrJ Boaily T�;ut,« g�r a::un�ence
S1C�O�,�O�J PraF?styDau�a,e
� cotuviesci3l Uusiue:s ��lic;: :hall protiid,e .ocec-aee ou "�'uxy .^��tc," c�efin� a, yuta, ou-a�e� 1+ir�e•d au3
uon-a�zuetl.
F4r �iti.t anci�`or �rti:t': 5ubcoutr�etoi� tivha lsar� �iuv�a}•ee.: '�t"��:ers' �'ocupe�s�tian
Statutorti- limits
Empla}-er' : li:s bi6tti•
S1n4.�JGU Eachaccidemt'o�tcun•ence
S I�Q,UU(J Di:ea.e - per each euiployee
5?l�0_f)�U Bodely Inj3u7•�I)isease - pc�licy liiuit
iG'orker�' CoiuvenJatiou ca��erate :1sa31 proiide liuut. �o�i:te�t t�z#h �tarirtotz� ber_efit, eu2liu�� er t�,�
TEx.�� «•orker�' C'ompeusation t'�ct (tirt_ S�4S —1.01 et ;e�. Te+:. Re�:. Cir. Stat.�.
�.E\ER'iL POLICI' REQLZREIIE�TS
Tka c��iiicate of iu:urance :h,�ll iurlucPe 3II C7]CIUIsem�t n3mine t�e Citv of Foi# i�'�i#lt et:` �ffc�cees.
Etu�lo�•ee: and �'olunteer� a. au "Additional Iuswed" ou all liebilih� golicie�. �:C�'j?CL011... $�L zd�+iaual
s�.ssued re�qturemeut d�e: uot appl�• to [E'orker�' C_'c�m�u�at€au or Aatomobil� policie�.
Agreement �vitli Erik Carlson, dba Area C projects, for Preliminary Design of Public Artwork for �ar Southwest Library 24 of 26
Executio�� Copy
�-t�i E: cas�a�sible for pra�is€ing the t'i#y a tlxi�#�;• c�a}� �?�I�'J LV3tiCe h�r_aL*Ce1:3CPGll 4Y ll4ll-P£1I21t'31 4f 3llY
u�sw-�uc� pc�licv and msy mmat chang� tL��e tRns�s a�d �t4��ditian;: �f auy lralicy th�t wou3d �mit �ce srr�pe r,r
ca•:�r�g�, ar c�t�es-ti�z� �lt�� Qr �isallan� c�*.�er3g� a:. rec�Lue� kzrein.
�'�'ait�er o£ii�Jn[v af reerr.•ery isubrogatimn} in farar afCa#y of �oit l��aith.
Tl�e iu:tuei: fUr 3i` golicies muz4 be licen:f�cl'a�a�sra.e� tfl �o bu:ine., i� t�e .`�tate of Te::az. ��d iu:w.�er�
tnvst �are a uuuinwu ratiue of :�- VII i�s t�e ciur�nt �. tI. Be:t I�et• R.ati�� t�Eide �+r has•� re:�..�u.��:ti.
equir��ent fivanci� shgueth �d =.�It•eucv #U the =.ati>facttou Qf �.1�: �fanaQetuent. If the r, t��g is �e:o.v
tLat ie�iured, �ti�ittgu apprncai of Fisk P,fanageiu��t 4s teqtured.
If iu;manee golscie, ar� not S�1-itten for :pecified cati•eeaee limit,_ au 1-mbre�°a or E?:cesv Lee1i'zit}'
��stu�auce for an}� diffAresce. i; re4uue3. E:.ce:: Li2:�31L1C'r' :J1A�1 Y6�ip.01V �Gllll O� f}2E ]JS2Il1i1}� coti•erz�e.
'�LTul¢:: otl�n�zse :t�fed, all requi3ed in:lll3llr_a_ �jy?'sl Uf t6i1#f�ll OII , u''accmrenca ba:i:."
The cieduetib�e or :elf iu:tu�ed i•etenrio� (SIl�) affectiug requit�ed in�tErance c46 era �e :lL�ll li� accep4al'e t�
aud ap�ar€-,-�d in «�riting 1��• the F.�sk ;�faLa�er nf �itc• t+f Fait 4L'ostli iu reeards to a:,et �:alug au�
:t�c�l�o:der�' e�vin•_ � lieu af tradinonal irswauce. altein�ni•e �o-.•Qraee m3ir�tai�Qd ihi�ourl� ia:tu�ar_.g
poofl: ar ii'_b F2i�llti9t1 ECOtip:, u��t aL-o 3pprored by C�tit�.': F.i,L- �Ssuaeer.
Cit�.•, �t i#: :vle di:cretio� resen•es the ti�t to recie�v tlie i�sttira�xce requirQrneut: ans� ta Lu.�e r��or.�:.bl�
adju�ttuents to i�:�u-a�xce co�•er�ge, av� t[ieu liwid: �sl�eu de¢Lue� ne��zaBy a�d grudPnt ls•: �it..• 6a;e,�
up,�n e�.uee: i� stahYtory 1����, coiut aeci:io� oc tl� ci�aims lus#9n� Q� the rndustr3� a. a�gll a. ot t}��
cavt�cting �ast3� to C'itr• oiFai# llToit�. �'ity shall �e rA Zuu�d to prarid� priar r>o#ita �f si.n�t3� das��.
Citti� .I��1 ?� g�ti�lmd v�an raqa�e:t aad �,��i#hout e+.ge�.e, ta recei� ¢ s�+gie: of poli�i¢: au� �uiar:ameut:
t�ere#� �nci ruay tuake ru•r rAa:4L7.1��E k'2{�ifg:t� far aeletcou rn� re � i;issn c�� madificatisu; of pas �ic���
policy tetvx>, condtriou., liwitat�ons, rr excuu:�ou: ekc�pt i�•her� polirp �st•ari:ien: ua e.tabli.l�,d �•� :����•
or r�2t�atican: Uiw3iug v�on e���er c�f p�-h� ar tl�e �m�R17171f�7 Gll 3IIS� ;ucl� �oli�ie:.
Agreement �vith Erik Carlsou, dba Area C projects, for Preliminary Design of Public Arhvork for Far South�vest Library 25 of26
Execution Copy
Exhibit E
Sales Tax Exemption
(_n' � n i as� �nan;�
Y`V) ^i,Krv' (He14-1:YA)
Texas Sales and Use Tax Exemption Certification
This ceitirr.ate does nof reryuire a number to be valid.
rrnasor, ormnr�gntx,y
of Fort Worth. Texas
Address (SGeet R numbcr, P.O. 8ox orRo�
200 Texas Street
Ciry, Slale, ZIP oode
Fart Worth, Texas 76102
817-392•8517
I, the purchaser natned above, claim an exemption trom payment of sales and use taxes (for the purchase of taxable
items described helow or on ihe allached order or invoice) from:
3ullor:
SUset address:
Cily, Slate, ZIP
Description of items to be piuchased or on the attached ordor ar invoice:
All items Purchaser acl<nowledqes that this Certificate cannot be used for lhe purchase�lease or rental of a motor
Purchaser cleims Ihis exemption for the following reason:
Municipality, Governmental Entity
I undersland that I will be liable for payment of all state and local sates or use taxes which may become due for failure to canply wilh
lhe provisions ot the Tax Code andlor all applicahle law.
lundersfendlhati!lsacnminafnllrnsr.(oglveanexompfioncerfificalelolflesellerforlr+xableifernslAalUcnow, ufUie Iirneolpurchnse,
�villbe usedrn a mennerofherUian Hrnt expn;ssedin�hiscert!/icate, anddependin�onlhearnounl o(texevaded, theollensamayrnngc
/rorn a Class C misdemennor to a felony ot the second degree.
h�ge � YU111�::c' f' / I Finance Director(CFO I������ f q
NOTE: This certifica�e cannot be issued for Ihe purchase, lease, or rental ot a motor vehicle.
7H/S CER7IFICATE DOES NOT REQUIR� A NUMBER TO BE VALID.
Sales and Use Tax "Exemplion Numbers" or'Tax ExempP' Numbors do not exist.
This certificate should be furnislied to the supplier.
Do n4.t send the completed certi(icate to tlie Comptroller of Public Accounts.
Agreement with Erik Carlson, dba Area C projects, for Preliminlry Design ofPublic Artwork For Far Soutlnvest Library 26 of26
Execution Copy