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HomeMy WebLinkAboutContract 56344 �C 4' CITY SECRETARY NO, 9 i AGREEMENT BETWEEN THE CITY OF FORT WORTH AND MARK REIGELMAN FOR PRELE IINARY DESIGN OF PUBLIC ART FOR LAS VEGAS TRAIL ROUNDABOUT This Agreement is entered into this ` day of S?_ bt(, 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 REIGELMAN LLC DBA Mark Reigelman 11, a NY Limited Liability Company residing at 141 Spencer St. #402, Brooklyn, NY, 11205. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, the fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth residents,to commemorate the City's rich cultural and ethnic diversity,to integrate the design work of Artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the Artistic design of public spaces; and WHEREAS, the Public Art Plan for the 2018 Bond Program, adopted by City Council on October 16, 2018 (M&C 0-19401), set aside $250,000 in 2% public art funds from Proposition A to the Las Vegas Trail Roundabout. The Project was included in the Fart Worth Public Art Fiscal Year 2021 Annual Work Plan adopted by the Fort Worth City Council on September 22, 2020 as M&C 20-0678); and WHEREAS, the Las Vegas Trail Roundabout Project Core Team met virtually on November 2, 2020, and articulated an approach for an artwork that embodies hope and rejuvenation, sends a positive message, speaks to new beginnings, is highly visible and readily understood as art, and is an artwork the community will rally around. These suggestions were included in the Project Outline which was approved by the FWAC on November 16, 2020,attached as Exhibit"A"; and 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 Public Art Master Plan Update, adopted by City Council on October 17, 2017 (M&C G-19140); and, on May 17, 2021, the Fort Worth Art Commission ("FWAC") approved the Selection Panel's recommendation of Mark Reigelman as the Artist for the project; and WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed to promote the integrity of Artist's ideas and statements as represented by the Work. NOW, THEREFORE, City and Artist, for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows: Agreement with REIGELMAN LLC DBA Mark Reigelman II for Preliminary Design of Public Artwork for Las Vegas �a`i'RdGii � ff RECORD 9Y Sko§ETARY FT. WORTH,Tx ARTICLE 1 DEFINITIONS As used in this Agreement,the following terms shall have the meanings as set forth below: l.l. Agreement—Means and includes this agreement between the City and Artist for Preliminary Design of Public Art for the Site. 1.2. Artist—Means and includes REIGELMAN LLC DBA Mark Reigelman 11 1.3. Artwork Design—Means and includes the Preliminary Design of the Work,which is defined in 1.3.a. below. a. 1.3.a. Preliminary Design --- Means all developed preliminary 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. City—Means the City of Fort Worth. 1.5. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County, Inc.,and/or its officers, directors,and employees. 1.6. Effective Date—Means and includes the date represented in the first paragraph of this Agreement,which shall be the official date of execution of this Agreement. 1.7. Parties—Means and includes City and Artist. 1.8. Preliminary Design Deliverables—Means and includes those items set forth in Article 2.3 of this Agreement that Artist is required to submit to City for review and approval. 1.9. Project—Means and includes the capital improvement/public art development undertaking of City for which Artist's services are to be provided pursuant to this Agreement. 1.10. Project Consultant—Means and includes Hayden Contractors, City Consultants. 1.11. Project Core Team—Means and includes the group of community members,generally 5-7 people, who are invited by the City Council Member to provide input on the project for its duration in accordance with the Fort Worth Public Art Master Plan Update, 1.12. 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. I.13. Site—Means the new Las Vegas Trail Roundabout planned for the intersection of North Normandale Street,South Normandale Street and Las Vegas Trail,76116, (Council District 3),which is depicted in the attached Exhibit"B." 1.14. Work—Means and includes the finished objects) of art and design that are the subject of this Agreement,or any intermediary stage of completion of such work. Agreement with REIGELMAN LLC DBA Mark Reigelman II for Preliminary Design of Public Artwork fbr Las Vegas Trail Roundabout 2 of28 ARTICLE 2 SCOPE OF SERVICES 2.1. General. a) Artist shall perform all services and will furnish all supplies and materials as necessary for developing the Preliminary Design of the Work. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b) Artist shall determine the artistic expression, scope, design, color, size, material, texture and location of the Work, subject to approval by City as set forth in this Agreement. City may request changes to the Preliminary Design from time to time under this Agreement, and Artist will address City's requests. c) Prior to commencing the Preliminary Design, Artists shall meet with and seek input from Project Stakeholders. d) Artist shall coordinate with the City's Consultant, Hayden Contractors, and with City Transportation and Public Works staff on a providing structural support or other infrastructure 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 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 will meet and coordinate with Contract Manager, City's Project Consultant, City staff, and others, as necessary, to explore the feasibility of integrating the Work into the Site in terms of structural support or other infrastructure needs for the Work. g) Artist shall develop the Preliminary Design within the implementation budget set forth in Article 2.3. h) Artist shall 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 regularly scheduled FWAC meeting. The Preliminary Design shall subsequently be shared with City boards or commissions,as appropriate. i) Artist shall be available for a meeting with the Project Core Team and a separate presentation to the Fort Worth Art Commission as indicated above, in the form of either a minimum of two (2) physical trips 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 Artist. Agreement with REIGELMAN LLC DIVA Mark Reigelman It for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 3 of29 j) Artist shall allow video recording and photography of their participation during activities related to this Project such as presentations and meetings. k) In order to maintain the integrity of the City of Fort Worth's public art process, for the duration of the Agreement, if Artist intends to seek his/her own publicity for the Work, including publication of the artwork design on Artist's website or social media,such efforts will occur after Preliminary Design has been approved by the FW AC. Any potential publicity being sought for the Work, including press/media release(s), must be approved, in advance, by Contract Manager, and shall credit the City of Fort Worth substantially in the following form, "an original artwork commissioned by and in the public art collection of the City of Fort Worth, Texas." A-social media plan must be approved, in advance, by Contract Manager, and shall include the hashtag #fwpubl icart. 2.2. City Assistance. Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the extent that such materials are available. City, upon request by Artist, shall also provide correct scaled drawings of the Site,if available. 2.3. Preliminary Design Deliverables. (a) Within three (3) months after the Effective Date, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.3 to City for approval. Preliminary Design Deliverables shall consist of the following: i. Detailed, design illustrations for the Work for the Site, which shall be in a high-resolution digital format, such as JPEG or TIF files,showing the proposed Work from multiple vantage points with at least one illustration showing the Work's size and placement in relation to the site; ii. A narrative description of the Artist's concept, proposed materials, fabrication, and installation methods, timeline for completion and maintenance, and anticipated annual maintenance requirements; iii. Installation diagram, 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 $186,750.00 which includes all costs for materials, engineering, labor, fabrication, delivery, installation, insurance (City requirements attached hereto as "Exhibit D"),travel costs, transportation, remaining Artist's fee of$21,850.00 a contingency of$20,750.00, and all other associated costs for the Work. Agreement with REIGELMAN LLC DHA Mark Reigelman 11 for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 4 of28 V. Artist shall provide the Preliminary Design presentation materials in PowerPoint format to the Contract Manager to become part of the City of Fort-Worth Public Art archive. 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 scheduled Preliminary Design presentation for staff review. 2.4. Preliminary Design Review. (a) Upon completion of the Preliminary Design Deliverables,Artist shall present the Preliminary Design to the FWAC, Project Core Team, Project Stakeholders, and other community members for review and approval at a regularly scheduled FWAC meeting. (b) City shall notify Artist of its approval, or disapproval, of the Preliminary Design within thirty (30) calendar days of Artist's presentation to the FWAC, Project Core Team, Project Stakeholders, and other community members. (c) If City requires any revisions to the Preliminary Design, then City shall inform Artist of each revision. City may require Artist to make such revisions to the Preliminary Design as City deems necessary in its sole discretion and/or for the Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. (d) Artist shall have sixty (60) calendar days from the date City informed Artist of the revision(s) to present the Preliminary Design in conformance with City's requirements. (e) If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design resubmission will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process, then this Agreement will automatically terminate, with payment to the Artist per the payment schedule in Article 3 up through the date of termination. (See Article 4.4.d) In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. (f) Upon City approval of the Preliminary Design, any revisions made to a City-approved Preliminary Design shall become part of the Preliminary Design. Artist shall incorporate any City-approved revisions into the final design in conformance with City's requirements. Any revisions shall become part of any final design deliverables if the Artist proceeds to the final design phase. (g) Upon the expiration of the Term(hereinafter defined)of this Agreement, if the Preliminary Design is accepted by City, negotiations for final design of the Work shall-commence,which shall become part of the deliverable under any potential artwork commission contract. Agreement with REIGELMAN LLC DBA Mark Reigelman I!for Preliminary Design of Public Artwork for Las Vegas`frail Roundabout 5 of 28 ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount not to exceed NINETEEN THOUSAND SEVEN HUNDRED SIXTY-FIVE DOLLARS AND NO CENTS $19 765.00 which shall constitute full compensation for any and all costs associated with the Agreement, including an engineering and consulting fee allowance of up to $5,000.00, an Artist's fee of $11,765.00, travel allowance in an amount of up to $3,000.00, and services performed and materials furnished by Artist under this Agreement. Any changes requested by the City shall not require City to pay Artist any additional compensation under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 3.2. Payment Schedule (a) City agrees to pay Artist in the following installments set forth below, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof. i. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) upon execution of this Agreement. ii. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) within thirty (30) calendar days after Artist either travels to Fort Worth and meets with the Project Core Team and other community members or meets with them virtually to gather input on the project. iii. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) within thirty (30) calendar days after Artist submits all the Preliminary Design Deliverables required 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 community members pursuant to Article 2.4(a). v. ONE THOUSAND SEVEN HUNDRED SIXTY-FIVE DOLLARS AND NO CENTS ($1,765.00)within thirty (30)calendar days after City's approval of the Preliminary Design. vi. City will provide an allowance of up to FIVE THOUSAND DOLLARS AND NO CENTS ($5,000.00) for engineering and consulting. Such payment shall be made upon receipt of an invoice from Artist with the original invoice(a retainer fee of up to 50% is allowed) for such services attached. vii. City will provide a travel allowance of$1,500.00 per trip for a total amount up to THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) for travel costs for up to two trips, provided that Project Manager has approved travel in advance and in-person Project Core Agreement with REIOFL1VMAN LLC DBA Mark Reigetman II for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 6 of 28 Team and/or in-person Fort Worth Art Commission meetings are taking place. If artist chooses not to travel to Fort Worth, Texas, due to COVID-19 safety concerns, Artist shall participate in meetings and make presentations as indicated above via Zoom, WebEx, or other virtual telecommuting platforms and shaII receive no travel compensation. This stipend is provided in accordance with GSA Per Diem Guidelines and shall cover all travel expenses. 33. Sales Taxes. City is a tax-exempt organization and no state or local sales takes or federal excise taxes shall be due upon the Project. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the same form as that attached hereto as Exhibit"D," for use by Artist in the fulfillment of this Agreement. 3.4. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, equipment, Artist's overhead expenses, mailing/shipping charges and insurance on submissions to City, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. Term. This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Artist by City. 4.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts., or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. 4.3. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in accordance with the dispute resolution process set forth in Article 5. 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 provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. Agreement with REIGELMAIV LLC DBA Mark Reigelman II for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 7 of28 4.4. Termination for Convenience. (a) The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty(30) calendar days before termination. (b) If termination is for the convenience of City, City shall pay Artist pursuant to the payment provision in Article 3, and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in full of all monies due for services provided up to the effective date of termination, City shall have the right, in its sole discretion, to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination, provided that no right to fabricate or execute the Work shall pass to City. In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. (c) If termination is for the convenience of Artist, City shall have the right, in its sole discretion,to pay Artist pursuant to the payment provision in Article 3 or require the Artist to remit to City a.sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective date of termination. If City chooses to pay Artist, then all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City. If termination is for the convenience of Artist and if such termination occurs after Artist's submittal of Preliminary Design Deliverables required under Article 2.3 of this Agreement, City shall, in addition to the other rights provided in this Article,have the right to complete the Work, if feasible. (d) If termination is by mutual agreement of the Parties as set forth in Article 2.4, then City shall pay Artist 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 drawings, sketches, photographs, models, and designs, up to the effective date of termination. In such event, Artist will be compensated for any services performed and expenses incurred but not yet paid under the Payment Schedule. 4.5. Incapacity of Artist. (a) In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of this Agreement, City shall have the right to terminate this.Agreement on payment to Artist or Attist's successors for all work and services performed prior to death or incapacity. All work product produced by Artist, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City. Agreement with REIGELMAN LLC DBA Mark Reigelman II for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 8 of28 (b) Should Artist's Preliminary Design have been approved, in the event of termination under this Article 4.5, City shall have the right to complete the Work, if feasible. Due regard shall be made for Artist's intended results(as per Artist's Preliminary Design) and proper credit and acknowledgement shall be given to Artist. ARTICLE 5 DISPUTE RESOLUTION (a) If either Artist or City has a claim, dispute,or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of or in connection with this Agreement. (b) If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute, then the Parties shall submit the matter to mediation in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas' Government Code, then in effect. Request for mediation shall be in writing, and shall request that the mediation commence not less than fifteen (15) or more than forty-five (45) calendar days following the date of request, except upon Agreement of the Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar days following the date of the request for mediation, then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. (See Article 4.3) ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.I. General. (a) Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement, the Preliminary Design, Work, and all other work product under this Agreement shall become the physical property of City, without restriction on future use, except as provided below. Artist shall Agreement with REIGELMAN LLC DBA Mark Reigelman 11 for Preliminary Design of Public Artwork for Las Vegas.Trail Roundabout 9 oF28 retain copyright and other intellectual property rights in and to the Preliminary Design and/or Work. By execution of this Agreement, Artist grants to the City an exclusive, perpetual, royalty free, and irrevocable license to graphically depict and publicly display the Preliminary Design and/or Work for any non-commercial purpose whatsoever, except that the Work cannot be reproduced in any three- dimensional form without permission from 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 revenue is otherwise received by City,shall be deemed a non-commercial purpose. (b) In view of the intention that the Preliminary Design and the Work be unique, Artist shall not make any additional exact duplicate reproductions of the Preliminary Design or the Work, nor shall Artist grant permission to others to do so except with the express written permission of City. However, nothing herein shall prevent Altist from creating future artworks in Artist's manner and style of artistic expression. (c) Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Preliminary Design and/or Work (including all work product under this Agreement), except as those rights are limited by this Agreement. City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Preliminary Design and/or Work and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "©date, Artist's name, Title of Work,All Rights Reserved." (d) Nothing in this Agreement shall prevent the Artist from using images of the Preliminary Design and/or Work (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 protecting the intellectual property rights of Artist. (f) Artist is not responsible for third-party infringement of the City's licensed use of the Preliminary Design and Work. 6.2. Artist'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 from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce these provisions that require the express approval of Artist. Notwithstanding this provision, City shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT Agreement with REIGELMAN LLC DBA Mark Reigelman n for Preliminary Design of Public Artwork For Las Vegas Trail Roundabout 10 of28 (a) Artist represents and warrants that: i. Preliminary Design and/or Work shall be the original product of the Artist's sole creative efforts; ii. Preliminary Design and/or Work is and will be unique and original and does not infringe upon any copyright or the rights of any person; iii. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Preliminary Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Preliminary Design and/or Work (or duplicate thereof) have not been accepted for sale elsewhere; v. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vi. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances,etc.,and with all necessary care, skill and diligence. ARTICLE 9 ARTIST AS INDEPENDENT CONTRACTOR Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Artist shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondent superior has no application as between City and Artist. ARTICLE 9 INDEMNIFICATION 9.1. Generallndemnity. (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, REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE,. INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST Agreement with RLIGELMAN LLC DBA Mark Reigelman 1I for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout I I of 28 PROFITS,AND PROPERTY DAMAGE)AND/OR PERSONAL INJURY (INCLUDING,BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR 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 property sustained or caused by Artist in connection with or incidental to performance under this Agreement. (c) Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations, including, but not limited to, the assumption of any and all responsibilities for paying royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP,AUTHORSHH',OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Artist. ARTICLE 10 EQUAL OPPORTUNITY (a) Artist shall not engage in any unlawful discrimination based on race, creed, color, national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and Agreement with REIGELMAN LLC DBA Mark Reigelman 11 for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 12 of28 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 nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred from further agreements with City. ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Artist shall comply with all Federal,state, and local statutes, ordinances,and regulations applicable to the performance of Artist's services under this Agreement. 11.2. Entire 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. 11.3. Amendments. No alteration, change, modification, or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 11.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 11.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas —Fort Worth Division_ This Agreement shall be construed in accordance with the laws of the State of Texas. 11.6. Successors and Assigns. Neither party hereto shall assign, sublet, or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease, or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and their respective successors and permitted assigns. 11.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any Agreement with REIGELMAN LLC DBA Mark Reigelman Il for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 13 of 28 lawful successor or assign, and are not intended to create any rights, contractual, or otherwise, to any other person or entity. 11.8. 5everability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 11.9. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that, if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted tinder the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 11.10. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 11.11. Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for 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. 11.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.13. Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Work (collectively "Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three(3)years thereafter,the Artist shall make all Records available to the City at 200 Agreement with REIG1 LMAN LLC D13A Mark Reigelman 11 for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 14 of 28 Texas Street, Fort Worth, Texas or at another location in the City acceptable to both patties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Artist shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13. 11.14. Certified MWBE. If applicable, Artist is encouraged to make its best effort to become a certified Minority Business Enterprise (MBE) or Woman Business Enterprise (WBE) firm with a certifying agency whose certification is accepted by the City under the City's Business Diversity Enterprise Ordinance. 11.15. Survival Provision. The provisions contained in Articles 4.5 (Incapacity of Artist), 6 (Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Artist as an Independent Contractor), 9 (Indemnification), and 11.13 (Right to Audit) shall survive the termination or expiration of this Agreement. 11.16. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 11.17. Time Extensions. The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. 11.18. Israel. If Artist is a company with ten(10) or more full-time employees and if this Agreement is for$100,000 or more, Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a.company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. If applicable under this Agreement and Artist is considered a "company," by signing this Agreement, Artist certifes that Artist's signature provides written verification to the City that Artist.- (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement ARTICLE 12 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery Agreement with REIGELMAN LLC DBA Mark Reigclman II for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout Isof2s or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Assistant City Manager City Manager's Office City of Fort Worth, Fort Worth City Hall 200 Texas Street Fort Worth,TX 76 1 02-63 1 4 Copies to: City Attorney Office of the City Attorney City of Fort Worth, Fort Worth City Hall 200 Texas Street Fort Worth,TX 76102-6314 Martha Peters,Director of Public Art Arts Council of Fort Worth&Tarrant County,Inc. 1300 Gendy Street Fort Worth,TX 76107 2. ARTIST Mark Reigelman 11 REIGELMAN LLC 141 Spencer St.,##402 Brooklyn,NY 11205 (Signature Page to Follow) Agreement with REIGELMAN LLC DBA Mark Reigelman II for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout l6 of28 IN WITNESS HEREOF, the Parties hereto have executed this Agreement to be effective as of the Effective Date. CITY OF FORT WORTH REIGELMAN LLC DBA Mark Reigelman II by: Fernando Oosta Mark Reigelman II Assistant City Manager Title: ARTIST/ OWNER Date: . ._ Date: SEPTIEMBER 17, 2021 CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all perfonnance and reporting requirements. GAl u G0, Name: Anne Allen Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: �J Jessik d.Williams Assistant City Attorney ` ON ATTEST: Rona d Gonzales i * , Acting City Secretary Form 1295:Not Applicable Contract Authorization: No M&C required.Ordinance No. 24161-04-2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Agreement with REIGELMAN LLC DBA Mark Reigelman H for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 17 of 28 Exhibit A: Project Outline CITY OF FORS WORTH ART COMMISSION P111g4c I of 5 MEE' NO DATE; NOVEMBO 16,2020 AGENDA ITEM:VIA, PROJECT NAME: LAS VEGAS TRAIL ROUNDAkNJT Apprmo the Project Outflrie for Las Vegas Trail Pudic Art project.located at the PRESENTATION: Iritersectton of South Normandale St reet,.N mth Normandale Street and Las Vegas Trail, 76116(DIstrict 3) Las Vegas Trail Roundabout Public Art Project Outline oileq BF . { �r As part of the 2014A Bard Progran%r the Clty of fort Worth is designing b roundahou#ai the kite"Ction of Harth artd Soutti Normandale Streets and Las Vegas Trall to Improve traffic flow In the area-The hybrid roundabout will he b two lane to ono lanct roundabout with xeriSCbPTntt and Street I1gliting ThlF.locatlon was identified in the For'f Worth PaWfe Art Flare for the 26189and raraprorn as an Impacth,l location for public art,The O'W in writer 2021.2022 witch€onstnKtion taking 9-12 months. PUBUC ART SUE AND APPROACH This p!,blic art project prarides an opportunity for an artist to Crcbtc a uncaue artw0ek For the Las Vmwr Trall roundabout,Which is aRProXinnateFC 60'in diameter wlth an earth mound slanding up te9'8'at Its peak-The artwork shall be properly Integrated intothi�sit*and considerate of its 1*"tQn. The Project Core Team met for an orientation on November 2,2020 and stated a desire for an artwork that embodies hope and rejuvenation,is positive,and that speaks tq ru'w beginriinr,.Tlrey want an anww k the comm i-mlty will iallw around,that is NelrlV visible,ml&be brlgbtly calomd,and that will be readily uncWrstvod as mrt--•speaking ctea+ivto — everyone regardless of artist lc baclylround.The tram shared the ranching hkstory of this area,which is built on land that originally was part of Ole Fla"!, Panne,is Hereford ranch hetootliq to Dr.Charles Harris{namesake of Harris tlosptal Ire PTolecl hrianager;Moe Allyn Email: phgn & ,298.9028 Agreement with REIGELMAN LLC DBA Mark Reigelman 11 for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 18 of28 CFFY OF FORT WORTH ART COMMISSION ' lame 2 of 3 MEETING DATE: NOVEMBER 16,2020 AGENDA ITEM:VIA PROJECT NAME: LAS VEGAS TRAIL ROUNDABC'.JT Approve the Project Outline for Las Vegas Trail Public.Art Project_,located at the PRESENTATION: intersection of South Norma ndale Street,North"mandale Street and Las Vegas Ttall, 76116(Vistr'ct 3) Fc,rt Worth)- Also raied was the memorial on Cortez Drive to Prince Domino Return,the Earned champion bull of Harris farm_They pointed out that this convnunity,originari burr):to house Carswell and General Dynamic employees and the:r fan>gim,r*-w has the most dtaerse demographic in the City,and it_hides irr r'prants ark people of refugee status. There is a preberenee for a local artist who wiy-understand and reE3esent Niie entire comrnunit-y_ PUBW ART BUDCx'T Approximate;y$250,01M.00 was bonded in the Public Art Plan for the 2018 RaW Proprmn,Proposl w A,approved by City Council on November 6,201B(N&C G-19401),for the Las Vegas Trail Roundabout Public Art Project budget including contingendes and project management costs.The Las Vegas Trail Roundabout Public Art Project is included in the Fort Worth PuMcArt Fiscal Year2021 Annual Wwk Plan,adopted by City Council on September 22,2020. EUGIISIUTY Staff will reconvnend 6-8 artists from the Fort Worth Public Art Pre-luaiifred List of Artists,and additional artists by invitaticrr,ve;iose t-mrk would be a good fit for the project. ARTIST SELEC . 'PI t SELECTION PMEL MEETING#1 Flnli"-A staff shall present a pool of 6-8 artists for cons'leration by the Artist Selection Panel.Ant%ts will be contacted priov to being considered,to ascertain their interest and availabll;W.The Artist Selection Panel shall reli ew the artists' quaitfications and select 3 finalists and one alternate_ FINAUTT ordEWATICN The finalists shall participattin a'-i orientation for the project includinga site visit.TM orientation wiN take place vktuagy due to COVW-19. SELECTION PANEL MEETING#2 The Artist selection Panel shall hear interview presentations by er-r artist individually.The Panel maythen ask questions pertinent to4he project and/or about their professional experience.The Panel will then recommend one artist and one alternate for the project Upon the Fort Worth Art Commission's approval,a Preliminary Design contract Will be executed with the selected artist_ MEETING FACILITATOR:Anne Alen,Public Art Project`dianager,Arts Council of Fort Worth Chid Tarrant County ARTIST SELECTION PAIRL(Voting) 1. Council Member Brian Byrd,District 3 2. Rebecca Low,Elected Project Core Team Member 3. Sheila Bill,Fort Worth Art Commissioner 4. Arts professional Bernardo Vallarino 5. Artist m-Arts Professional,TBD 11rolitl MunAgor:AnnrAlirn 817.295 $ Agreement with REIGELMAN LLC DBA Marc Reigelman II for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 19 of 28 CITY OF FORT WORTH ART COMMISSION MISSION * Page 3 C`3 MEET iNG DATE: NOVUF sBER 16,2020 AGENDA ITEM:VIA PROJECT NAMI: LAS VEGAS TRAIL ROUNDABOUT Apre,,;e the Project Outhne for Las V%&3 Trail Pt hl_-,Art Project,located at the PRESENTATION: intersection of South N4rmandale 3tree-,No-th Normar1ale Street and Las Vegas Trail, 76116(DIStr-A 3). ADVISERS(nar,-vo5OV) 1. MWkael Crain,Disrrict 3 Director 2_ Derek White,Transportation/Public We,',s.City C Fort__'r-tF 3- GregarV Craig,Landscape Architect 4, Adam Cross,Hayden Contractors,City Canst:tant< 5. Other Project Core Team Nliembers C Others as may be appropriate TIMELIKE(Stdrjectto Chat ) Project Outline Approved November 16,2020 Selection Panel Meeting f#1 November/December,2020 Brolist Orientation December,2020 Selection Panel meeting#2(Interviews) lamrery,2021 FWAC approval Febn:ady 8,232"s ProJtri M-.1nWr.Anrlepihrn 1 mull- -:'r., 3rnr,.inr'!s:r,T PhQne:61T,248.31328 Agreement with REIGELMAN LLC DBA Mark Reigelman II for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 20 of28 Exhibit B: Site The new Las Vegas Trail Roundabout will be located at the intersection of South Normandale Street,North Normandale Street and Las Vegas Trail, 76116, Council District 3 r 4 #7 n O EY . � F �I .* QRT`r •�. ti f' *rW •� P..r V Agreement with REIGELMAN LLC DBA Mark Reigelman 11 for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 21 of28 Lll'M:a1t ipe V • +�GI EP-ia.k�9. R:b1.iM0 iC4 fil Ln 4 4nr�a�- F y iw# Yiw1!DNOWNi4#`+}s M6Yi: ®N1�KR M'w#a wa'• - � ir�Y Yk�+i�rtr. �r r L J l t.Y'Hft:FEEL\tiYi: ` - ` �+.1nMl i+i pffi YYk4VtiSMIIW. ,� „*� i_' 4+Y�ahr�•'} ` --------------------- l�E.�il7rir.1\ 1 1 �� SYY iMF�w!ti�F� •r.w.+,r+.iy.�..- --aR«��.�m'u�'•� ra..-use -w.r�..�a r-rc-LL Agreement with REIGTLMAN LLC DBA Mark Reigelman II for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 22 of 28 4 i r hIWW Agreement with REIGELMAN LLC DBA Mark Reigel man H for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 23 of 28 Exhibit C Implementation Budget FORT WOWfK PUELIC ART PROJECT BUDGET Plasee com p$sta lhls lomt and*Ma4 a x1gried cwr4A or Osthaft complete wish per fund uadm(no tunp surru)foa all ilmna dedgnmi!d wHh on■stunlr(').Cgpw[Ira jes tnuru plan B4ya D W+Ntan aslfmota mWached ARTIST'S FEE TRAVEL (For artists who live more than 50 miles from Fort Worth) Airfare Car Rental Per Diem Expenses at$_per day Mileage at$_per mile INSURANCE AutolHlred Vehicle Liability General Liability for Artist I Subcontractors Worker's Comp.I Employers liability Other,as applicable ADMINISTRATIVE EXPENSES Phone/Fax DeliverylShipping(for correspondence,samples,models,drawings etc) Repregraphic Service Supplies PROFESSIONAL CONSULTANT FEES (It applicable,drawing must be signed and sealed by a professional registered to practice In the State of Texas) Architect' Structural Engineer' Electrical Engineer' Conservator' Photographer(for documentation of completed work)* Other' MATERIALS (Please attach a complete list of materials.Itemize all anticipated aspects and components with per unit cost estimates) Materials'Total FABRICATION COSTS (Include and itemize all portions of subcontracted work and work to be completed by artist.) Artist's Labor(_hours at 3 per hour)Total Subcontracted Labor'(Total) FacilitylEqu€pment Rental(used exclusively for this projerA)related to fabrication SITE PREPARATION (Do not include costs covered by FWPA,City of Fort Worth or others) Test Drilling' Removal' Landscapingll rri gation" Electrical Modifications" Water Work/Mechanical Devices Other' (Revised May 201 f) Agreement with REIGELMAN LLC DBA Mark Reigelman 11 for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 24 of 28 TRANSPORTATION Materials to Fabrication Site' Finished Work to Installation Site' Other' BASFJMOUNTING Base Mounting Devices.and Components Foundation/Footing Other INSTALLA 1ON COSTS (Costs must include allowance for after hours Installation,If applicable.Please attach a complete fist of equipment and€ndivlduat estimates with this form) Subcontracted Labor' Scaffolding' Equipment Rental related to instaltaticn' Off--duty Pdlca/Securay Traffic Borders' Storage Facility Rental' City Perm€ts Display Devices Fireproofing" Site Restoration' Other* LIGHTING Designers' Fixtures' Bulbs' Site Preparation' Installation' GRAND TOTAL Please make any necessary notes here: Prepared By: Gate: (Reafsed May 201 f) Agreement with REIGELMAN LLC DBA Mark Reigelman li for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 25 of28 Exhibit D Insurance Requirements PUBLIC~ART PROTECTS-MSIIRANCE REQUIREMENTS Artist slrakl meet A the following inns=once xequirew*nts for this eject If Artist subconirace £abiication, transportation, azdior inswallation of the Work. then Aitiat shall also require I uther- subcontsactor(sy to abide by all ofthe following insu.-ance requirements, Commercial General Liability(C:GL) $1,000,000 Each occunm+e $2,000,000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors prodruct0completed operations,personal injury,and contractual liability. Insurance dial:be provided on an occurrence basis,and be as compreliewive as the current Insurance Services face(ISO) policy_The policy shall name City as air additional insured. Bailee'v"Property(if applkah.e) The inland trr.•uiue p4 cy shall paovide pear accunrence coirerage at replacement cost value based,an the latest appraised value of the Artwork, which is entrusted to the Arkst and is considered to be m the Artist's care.cwtody,and control,and shall include property"in transit." Automobile Iaabil#ty $1,000,000 Each acci.deut or $250,0.00 BaWylnimygfepersorr $500-000 Bodily Iuim5'per occurrence $100 000 1h-perty I3annage A commercial business policy shall provide coverage on"Any Auto;'defined as autos owned,hired and non-m-Amed For Artist atid,`ar Artist's Subcontractors who have employees:Waiters'Compensation Statutory u"ta Employer's liaibilih $100,000 Each accidentic*cm-ence $130,ODD Disw a-1-m each employee $500,000 Bodily kqurymisease-policy limit workers' Compensation car vase shall provide h=b consistent with statutory betrefits outlined in the Texas workerz'Compensation Act(Art 930E—1.01 et seq. Tex.Rev.Civ.Stat). GE EK L POLICY REQI'IAEMENTS The ceatiEcsta of usswrance sha]L include an endorsement nanii++g the City of Fart Waath,its' Officer-, Employees and Volunteers as an"Additional.Insured"on all liabi4ty policies. Exception...the additional msumdrequirement does not apply to Workers'Con*ensation or Aurtomobite policies. Agreement with RE[GELMAN LLC DBA Mark Reigelman Q for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 26 of28 -Artist is resgunselAe for prottiding the City a thirty day(30)Wtice of cancellation or noun-renewal of'any inset-ante policy and may not change the teams and corr3itiow.of auy poluv tlal would h=1 tht:cape ar coverage,ar otherwise alter or disallow coverage as:tgnmd hue= Wai%vr of rights of rectn ery(subrogation)in fnot of City ofFart Wailh T6 inwws for A policies mast ba hi:v=a4'appm to do tmmu:m tbs,Sss�of Tex--�- Ad iuswm uwi h;tvv a miu=um sang of A-VII m Lha current rL NL Best if jy Rapng Liurde w '1. ve rta,soaAWY egrnv,2,ent Rwrxt3: M- s th and srlvrisev to the sots:fawwu of Ri-k N'lanagumm If#hr rating is below that mqui:ed_r+niiten apprtn-;!of liiA Manap mnart v:requued If in!an-mci pohele: art not %,kirr---m fol =Pae i-d coverage lrnun. an litabrella -or Fxce s LAIAlity insurance for am diffr_aw-it requu ed. Ekes-Ls bdits-ka fatlaw 6nm of the pnmar}rasorapi, "Unless otiierasi�,R stated,all mgiurrd ia:uranca� .I be anrten on an"occ►t I*Mte baste." The deductible ar self-ituured mttnttan(SIR).2%o ug rsquz'ed FriSLrt a�Se ctwerap:ball ba acc q$abli to and apium-ed in writing bv+ the Ruk Xlanaj ew of City of fort Wor& ru regard: to asset value arA stoclhpia a-'agLity [n Lou of traaacmal i UFMIsr,abRIMM)k tavrrMger=611fait9d &MILA i=MrArt-S pool:urn:k r4tention gLaup:_mrasi aL•a xppia3'ed by C'ICt'1i I4'kl gager City,of it;sole dsrienm ra►rt the ri eht to rfwi+ew the insmaaca requua=enf-and to m A ma--onabla adaustn]ew: to innmrmce coverage.'. and their limit: wh&n demmtd aeces:My and prudent bry Cite bred upon shame: sn ,tatu my lxw, cmul. leeis.iau no t� ims cla history of sba w4ztrx a. wall a-; of the cantratm*parley to Coo of foil Woi* City Shall ow mgwmito pvcvidt pnar rati€e of unity davL City riha:l r.mudec r upou requct and v.-tdwm axpec, - to receive copies ofpnitcies and endor roar# thMta andmaYMIN=Y raasonttr,e rtqutsts far drletren tir MVIU44 of uaadifreativsL afpvwulm policy teams,conditiaxr.;,l,m+�l�OT', or{�Fslu:}�exeCjlt R hers po�ry pray ssava.uw��tib]i:hrd by lair or regulatiom bindinf upon either of pasty or thr uadaTaims on any such perUrit Agreement with RETGELMAN LLC DQA Mark Reigelman U for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 27 of 28 Exhibit E Sales Taal Exemption shy.01-339 terek) lRavA-13F0J Texas Sales and Use Tax Exemption Certification This cerNScate does not require a number to be valid. Name or purchaser,flrrn orageacy City of Fort Worth,Texas Address(Sfrael R number,P.O SoKorRoula number) Phone!Ares codeandnumbed 200 Texas Street 817-392-8517 City,Slate,ZIP code Fort worth,Texas 76102 I,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable items described below or on the attached order or invoice) from: Seller: All Vendors Street address: Cily,State,ZIP code: Description of items to be purchased or on the attached order or Invoice: All Items.Purchaser actaiowied es that this Certificate cannot be used for the purchase,lease or rental of a motor Purchaser claims this exemption for the following reason: Municipality,Governmental Entity t understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law, lunderstandthatltisecdminatotfensetogtvoonexampttoncertflfcatefoihosegerfortaxabte/temsfhattimow,atthe Urneofpumhase, widbeusedfnamannerotherthanthatexprossod/n th/scerGffcate,anddependtngonlheamounfoftaxavaded,theoffensemayrange from a Class C misdemeanor to a felony of the second dagreo. Purchaser /� Ti1ra � here ;/�- Finance Director/CFO r(/([/(I NOTE: This certificate cannot be Issued for the purchase,lease,or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax"Exemption Numbers"or"Tax Exempt"Numbers do not exist. This certificate should be furnfshad to the supplier. Do to send the completed certificate to the Comptroller of Public Accounts. Agreement with REIGELMAN LLC DBA Mark Reigelman 11 for Preliminary Design of Public Artwork for Las Vegas Trail Roundabout 28 of 28