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HomeMy WebLinkAboutContract 57791 CSC REC=D CITY SECRETARY 5779 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND IRIS BECHTOL FOR FINAL DESIGN CURATORIAL CONSULTING FOR THE MARINE CREEK PARKWAY PUBLIC ART PROJECT This Agreement is entered into this 5th day of MY , 2022, 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 Iris Bechtol, an individual located at 1122 Elmdale Place, Dallas, Texas 75224. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., d/b/a Arts Fort Worth, 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 deign work of artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the artistic design of public spaces; WHEREAS, City completed improvements along Old Decatur Road, stretching from Longhorn i Road northbound to Bailey-Boswell Road, in Fort Worth, Texas 76179,at the border of Council Districts 2 and 7. Upon completion the roadway was annexed to the City of Saginaw,therefore the City Manager's Office has approved moving the public art project to two new roundabouts along Marine Creek ParkwO at the intersections of Longhorn Road and Cromwell-Marine Creek Road due to their proximity to the! original location; WHEREAS,the Old Decatur Road Public Art Project was included in the Public Art Plan for the 2008 Bond Program approved by City Council on October 26, 2010 as M&C G-17094. The funds were subsequently reprogrammed to the Marine Creek Parkway Public Art Project in the Fort Worth Public Art Fiscal Year 2022 Annual Work Plan adopted by the Fort Worth City Council on November 9,2021 as M&C 21-0830; WHEREAS, on April 19, 2021,the Fort Worth Art Commission("FWAC")approved the Project Outline,which included the approval of the 2021 Texas-Based Curator Open Call. The resulting 2021 Texas-Based Curator List was approved by the FWAC on June 19, 2021; WHEREAS, on July 15, 2021, the City entered into a contract with Curatorial Consultant to develop a Curatorial Proposal for the Site(Fort Worth City Secretary Contract No. 56048); WHEREAS, the Contract Manager conducted a Selection Process in accordance with the Project Outline and the guidelines in the Fort Worth Public Art Master Plan Update and, on September 20,2021, Page I 1 of37 OFFICIAL 7Hr CORD Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant CITY SECTARY FT. WOR TX the FWAC approved the Selection Panel's recommendation of Curatorial Consultant and Project Artists as the alternate team for the Project; WHEREAS,the original selected team gave notice of their decision to leave the Project on Aril 28,2022.As a result,on May 16,2022,the FWAC recommended Curatorial Consultant and Project Artists be placed under three(3) individual Final Design contracts for the Project; WHEREAS, the City and the Curatorial Consultant wish to set out the terms and conditions for the Curatorial Consultant's Work to assist with the Final Design of Project Artists for the Marine Creek Parkway Public Art Project. NOW, THEREFORE, the City and Curatorial Consultant for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement,the following terms shall have the meanings as set forth below: 1.1. Agreement—Means and includes this agreement between the City and Curatorial Consultant for Project. 1.2. Artwork Design — Means and includes the Curatorial Proposal and Final Design of the Work, which is defined in 1.3a and 1.3.b below: 1.2.a. Curatorial Proposal — Means all proposal drawings, sketches, prototypes, maquettes, models,narrative descriptions,budget estimates,and the like that were created by Curatorial Consultant and Project Artists in connection with Fort Worth City Secretary Contract No. 56048, depictions of which are attached hereto as Exhibit "A" and incorporated herein for all purposes. 1.2.b. Final Design—Means Curatorial Consultant and Project Artists' final, proposed design of the Work for the Site, which is based upon the Curatorial Proposal and includes, but is not limited to,all final drawings,sketches,prototypes,maquettes,models,and the like that may be created in connection with this Agreement, or the like that are related, directly or indirectly,to the Work and shall include specifications for fabrication and installation of the Work. 1.3. City—Means and includes the City of Fort Worth, Texas. 1.4. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County,Inc., d/b/a Arts Fort Worth,and/or its officers,directors, employees. 1.5. Curatorial Consultant-Means and includes Iris Bechtol. Page 2 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant 1.6 Curatorial Deliverables — Means and includes those items set forth in Article 2.2. of this Agreement that Curator is required to submit to City for its review and approval. 1.7. 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. 1.8. Parties-Means and includes City and Curatorial Consultant. 1.9. Project - Means and includes the capital improvement or public art development undertaking of City for which Curator's services are to be provided pursuant to this Agreement.A Project Outline attached hereto as Exhibit`B"describes the parameters and expectations of the project. 1.10. Project Artists—Means and includes Leticia Bajuyo(Site A)and Alicia Eggert(Site B). 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 Master Plan Update,page 23. 1.12. Project Stakeholders- Means and includes the Mayor and City Council and the appointed Project Core Team, City staff and others, as appropriate. 1.13. Selection Panel—Means and includes the appointed voting panel comprised of arts professior als, an elected representative(s) of the Project Core Team, a FWAC representative, with the ity Council Member, City staff representatives, and other members of the Project Core Team as non- voting advisors. 1.14. Site-Means and includes the roundabouts located along Marine Creek Parkway at the intersections of Longhorn Road and Cromwell-Marine Creek Road(76179), attached hereto as Exhibit"C." 1.14.a. Site A—Means and includes the roundabout at the intersection of Marine Creek Parkway and Cromwell-Marine Creek Road. 1.14.b. Site B—Means and includes the roundabout at the intersection of Marine Creek Parkway and Longhorn Road. 1.15. Work- Means and includes the Curatorial Proposal,Curatorial Deliverables, finished object(s)of art and design, and any PowerPoint presentations that are the subject of this Agreement, or any intermediary stage of completion of such works. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Scope of Services. a. Curatorial Consultant and Project Artists shall coordinate all aspects of the Work for the duration of this Agreement. b. Under this Agreement,Curatorial Consultant shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing and providing the Curatorial Deliverables. Page 13 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. C. Curatorial Consultant shall conduct research as necessary to be shared with the Project Artists, which may include, but is not limited to, Site conditions, Site requirements, and subcontractors or other professionals for various services. d. Prior to Project Artists beginning the structural engineering for their respective Final Designs, Curatorial Consultant shall work with a subsurface utility engineer to complete a survey of utilities underground for Site further described in 2.2.f. C. Curatorial Consultant shall fulfill the following requirements: i. Conduct a Site visit with Project Artists prior to beginning Curatorial Deliverables. ii. In coordination with Project Artists, meet with the Project Core Team and other Project Stakeholders prior to beginning Curatorial Deliverables. iii. Present the Final Design with Project Artists at an FWAC meeting for joint review with the Project Core Team, City staff, and other stakeholders at a mutually agreed upon date and time. f. Curatorial Consultant shall attend meetings with appropriate City staff for purposes of pre- development,risk assessment, safety review, siting of the Work, and permitting as necessary. g. Curatorial Consultant shall submit the Curatorial Deliverables (Section 2.2) three (3) weeks in advance of the FWAC meeting. h. Curatorial Consultant shall allow video recording and photography during various meetings and other events as may be associated with this Project. i. In order to maintain the integrity of the City of Fort Worth's public art process, for the duration of the Agreement, if Curatorial Consultant intend to seek their own publicity for the Work, inclu ing publication of the Artwork Design on Curatorial Consultant's website or social media, such e:f orts will occur after Artwork Design has been approved by the FWAC. 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 #fwpublicart. 2.2. Curatorial Deliverables. In addition to completing the services outlined in Section 2.1 above, Curatorial Consultant shall perform the services and furnish all supplies, materials, and equipment necessary to complete all Curatorial Deliverables. Curatorial Consultant shall provide the following Curatorial Deliverables for City acceptance Page 14 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant within four (4) months of the Effective Date of this Agreement. All deliverables shall be submitted concurrently with Project Artists' Final Design Deliverables: a. A Final Design narrative description of the curatorial approach, the research involved in the curatorial process, and a summary of the collaborative process to date. This narrative shall include Curatorial Consultant's process to assist Project Artists to produce their Works for the Project. b. A curatorial statement detailing overall themes within the work and other relevant topics which may include,but is not limited to,the following:the overall conceptual approach of the Work,how the approach relates to or engages viewers in the community, and how the Work relates to,the Curatorial Consultant's overall philosophical approach with projects. C. A proposal detailing the Curatorial Execution Deliverables, which may include, but is not limited to, a schedule for the commission phase of the Project, fabrication reports for the overall Pro ect, plaque language for each artwork, images of the final artwork, and development of a p blic education component for the Project. d. Overall budget for proposed Curatorial Execution Deliverables which shall include a remaining Curatorial Consultant design fee of$4,753.00,travel if appropriate, and other expenses required to complete the Work. e. Curator shall oversee the division of funding for Project Artists' respective Final Designs and complete an overall Project budget using the form attached hereto as Exhibit "D." The total implementation budget for the two(2)artworks for the Project shall not exceed$457,082.00,which includes remaining Curatorial Consultant and Project Artists' Fee, all costs associated with the Work, and a contingency of$38,840.00. f. Underground utility survey to be completed by a Subsurface Utility Engineer including markings at the Site and the production of drawings showing the exact locations of waterline edges, other utilities, curbs and additional items as may be appropriate. Engineer shall note any anticipated soil issues with the Site and make suggestions as appropriate. Professional Liability Insurance is required in all circumstances for on-site artwork requiring engineering and/or architectural services. City will conduct a review of survey and other related graphic material prior to commencing with structural design of the Work. Upon City's request, drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas. Curatorial Consultant will provide the Contract Manager a certificate of insurance for each licensed professional and provide City with a thirty(30)calendar day notice of cancellation of any policy required hereunder. g. A Final Design Presentation created in PowerPoint format, submitted three (3) weeks prior to the FWAC meeting. This presentation shall include images of the Final Design furnished by Project Artists and other materials associated with the Project. Page 15 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant h. All Curatorial Deliverables shall be submitted concurrently with Project Artists' Final Design Deliverables for review by the FWAC.All submitted materials shall become part of the City Public Art archive owned by City.All documents and drawings will be retained for archival and exhibition purposes. 2.3. Additional Services. I a. City may request that Curatorial Consultant provide services in addition to the services set forth in Sections 2.1 and 2.2 above. City shall make such requests in writing. Such additional sere ces shall only be performed after execution of a written amendment to this Agreement which includes, at a minimum, a description of the additional services and scope of work, compensation and payment schedule, and schedule for the delivery and completion of services. b. City and Curatorial Consultant will mutually agree to compensation, payment schedule, schedule for the delivery and completion of any additional services. C. Curatorial Consultant reserves the right to decline to provide the additional services. 2.4. City Assistance. Upon request by Curatorial Consultant, City shall promptly furnish all information and materials required by Curatorial Consultant to the extent that such materials are available. City, upon request by Curat rial Consultant,shall also provide correct scaled drawings of the Site, if available. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Fee. The City shall pay the Curatorial Consultant a fee in the amount of up to TWENTY-FOUR THOUSAND, FIVE HUNDRED SEVEN DOLLARS AND NO CENTS ($24,507.00), which shall constitute full compensation for all services and materials to be performed and furnished by the Curatorial Consu ant under this Agreement, inclusive of Curatorial Consultant design fee of $9,507.00, an allowance o for professional services as required, and all other expenses associated with this Agreement. Curatorial Consultant shall be paid in the following installments, each installment to represent full and final, on- refundable payment for all services and materials provided prior to the due date thereof: a. ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) within thirty (30) days after execution of this Agreement. b. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.001 within thirty (30) days after Curatorial Consultant completes a site visit and Project Core Team design meeting in coordination with Project Artists. Page 16 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant C. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) days after Curatorial Consultant submits Curatorial Deliverables and presents Final Design for Project with Project Artists to the FWAC and Project Core Team. d. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00) within thirty (30) days after Curatorial Consultant presents Final Design for Project with Project Artists to the FWAC and Project Core Team. e. TWO THOUSAND, FIVE HUNDRED SEVEN DOLLARS AND NO CENTS ($2,507.00)within thirty(30)days after approval of Final Design by the FWAC. f. City will provide an allowance of up to FIFTEEN THOUSAND DOLLARS AND NO CE TS ($15,000.00) for engineering or other consulting fees as necessary. Such payment shall be i ade for actual services rendered only and upon receipt of an invoice from Curatorial Consultant ith the original invoice(a retainer fee of up to 50%is allowed) for such services attached. 3.2. Sales Taxes. The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project.The City shall supply the Curatorial Consultant with the"Texas Sales Tax and Local Sales Tax Exemption Certificate," attached hereto as Exhibit "E" for use by Curatorial Consultant in:the fulfillment of this Agreement. 3.3. Curatorial Consultant's Expenses. Curatorial Consultant shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including but not limited to services, materials,mailing/shipping charges and insuir4nce on submissions to the City, and costs for Curatorial Consultant's agents, subconsultants, 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 Curatorial Consultant by City. j 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 Curatorial Consultant 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. Page 17 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4„3 in accordance with the dispute resolution process set forth in Article 5 of this Agreement. If the Parties cannot resolve the dispute(s),then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written"Notice of Termination"specifying the grounds for termination. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 4.4. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) calendar days before termination, specifying the grounds for termination. b. If the termination is for the convenience of City, City shall pay Curatorial Consultant for services actually rendered up to the effective date of termination, and Curatorial Consultant shall continue to provide the City with services requested by City and in accordance with this Agreement u to the effective date of termination. Upon Curatorial Consultant's receipt of payment in full of all monies due for services provided up to the effective date of termination, City shall have the r1ght at its discretion to possession and transfer of title to the sketches, designs, and models already prepared and submitted or presented for submission to City by Consultants under this Agreement prior to the effective date of termination, provided that no right to fabricate or execute the Work shall pass to City. C. If termination is for the convenience of Curatorial Consultant, City shall pay for services actually rendered up to the effective date of termination in accordance with Section 3.1 of this Agreement. If the Curatorial Consultant was paid for services no yet rendered, Curatorial Consultant wil� be required to remit to City a sum equal to all overpayments(if any)made to the Curatorial Consultant pursuant to this Agreement prior to the effective date of termination. 4.5. Incapacity of Curatorial Consultant. a. In the event that Curatorial Consultant becomes incapable, legally or otherwise, of performing its duties and/or obligations under this Agreement, City shall have the right to terminate this Agreement on payment to Curatorial Consultant or Curatorial Consultant's successors for all work and services performed prior to incapacity. All finished and unfinished deliverable (see Section 2.2.a.), and any other work shall automatically become property of City. ARTICLE 5 DISPUTE RESOLUTION Page 8 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant i i ar of a. If either Curatorial Consultant or City has a claim, dispute, or other matter n question for bre .,� duty,obligations,services rendered or any warranty that arises under this Agreement,the Parties stall first attempt to resolve these issues through this dispute resolution process. The disputing party stall 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 ithis 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 may submit the matter to non-binding mediation upon written consent of the authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code, then in effect. Request for mediation shall be in writing and shall request that the mediation commence not less than fifteen (15) or more than forty-five (45) calendar days following the date of request, except upon Agreement of the Parties. In the event City and Curatorial Consultant are unable to agree to a dat for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar �ays 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. ny agreement reached in mediation shall be enforceable as a settlement agreement in any court ha ing jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute.(See Article 4.3) ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1. General. a. In view of the intention that the Artwork Design and the Work be unique, Curatorial Consultant shall not make any additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Curatorial Consultant grant permission to others to do so except with the express written permission of City. However, nothing herein shall prevent Artist from creating future artworks in Curatorial Consultant's manner and style of artistic expression. Page 9 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant b. By execution of this Agreement,Project Artists grants to City an exclusive,perpetual,royalty ee, and irrevocable license to graphically depict or publicly display the Artwork Design and Work for any non-commercial purpose whatsoever. For purposes of this limitation,any graphic depiction or display of the Artwork Design and/or the Work intended to promote or benefit City, its public services or its public purposes,regardless of whether or not a fee is charged to the public,or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. Notwithstanding the above limitation, Curatorial Consultant agrees and understands that nothing in this paragraph shall affect or limit City's absolute, unrestricted rights incidental to City's full ownership of the Work to alter,change,modify,destroy,remove,move,replace,operate,main in, transport, sell or transfer, in whole or in part, the Work when City deems it necessary within its discretion, in order to otherwise exercise City's powers and responsibility in regard to public works and improvements, in furtherance of City's operations or for any other reason. C. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the following form: "© date, Artist's name." Curatorial Consultant shall be acknowleclgec in substantially the form as follows: "Curated by Curatorial Consultant's name." d. Nothing in this Agreement shall prevent the Curatorial Consultant from using images of the )Xtork for marketing and promotional purposes in connection with the Curatorial Consultant's business. e. Unless notified otherwise by City, Curatorial Consultant shall use Curatorial Consultant's best efforts in any public showing or resume use of reproductions to give acknowledgment to City in substantially the following form: "an original artwork commissioned by and in the public art collection of the City of Fort Worth, Texas." ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT a. Consultants represents and warrants that: i. Work shall be the original product of the Curatorial Consultants' sole creative effort , in coordination with Project Artists' sole creative efforts for their respective Work. ii. Work is and will be unique and original, and does not infringe upon any copyright or,the rights of any person; iii. Curatorial Consultants has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Work(or duplicate thereof)have not been accepted for sale elsewhere; V. Curatorial Consultant has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and Page 10 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant vi. All services performed hereunder shall be performed in accordance with all applic ble laws, regulations, ordinances, etc.,and with all necessary care, skill and diligence. ARTICLE 8 CURATORIAL CONSULTANT AS INDEPENDENT CONTRACTOR Curatorial Consultant shall perform all work and services hereunder as independent contractor, and not as an officer, agent, servant or employee of City. Curatorial Consultant 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 Clity and Curatorial Consultant, their officers, agents, employees, subcontractors, and doctrine of respondent superior has no application as between City and Curatorial Consultant. ARTICLE 9 INDEMNIFICATION AND INSURANCE 9.1. General Indemnity. a. CURATORIAL CONSULTANT COVENANTS AND AGREES TO AND DOES HER BY INDEMNIFY,HOLD HARMLESS,AND DEFEND,AT ITS OWN EXPENSE,CITY FR M AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO,ATTORNEY'S FEES AND COSTS OF DEFENSE),PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUD G, BUT NOT LIMITED TO,DEATH)TO ANY AND ALL PERSONS,OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE ACTS, ERRORS, OR OMMISSIONS OF CURATORIAL CONSULTANT AND/OR CURATORIAL CONSULTANT'S SUBCONSULTANTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTOIRS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. Page I I of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant b. Curatorial Consultant 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 Curatorial Consultants in connection with or incidental to performance under this Agreement. C. Curatorial Consultant 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. Curatorial Consultant 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 Curatorial Consultant. 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 con one the reproduction or use of copyrighted materials by Curatorial Consultant without the appropriate lice ises or permission being secured by Curatorial Consultant in advance. IT IS FURTHER AGREED TIE.AT CURATORIAL CONSULTANTS SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMA ES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT OT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP,AUTHORSHIP,OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Curatorial Consultant. ARTICLE 10 EQUAL OPPORTUNITY a. Curatorial Consultant shall not discriminate against any employee or applicant for employment because of age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Curatorial Consultant shall take affirmative action to ensure that employees are treated equally during employment,without regard to their age, disability,race,color,religion, sex, sexual orientation, national origin, familial status, transgender,gender identity,or gender expression. Such action shall include,but not be limited to, the following: Employment, upgrading, demotion, transfer, recruitment or pay or other forms of compensations, and selection for training, including, but not limited to, apprenticeship. Curatorial Consultant agrees to post in conspicuous places, available to employees and applications for employment,notices to be provided by the City setting forth the provision of this nondiscrimination clause. Pagel 12 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant b. Curatorial Consultant shall in all solicitation or advertisements for employment placed on or on behalf of the Curatorial Consultant,state that all qualified applicants shall receive consideration for employment without regard to race,color,religion,sex,sexual orientation,national origin,familial status, transgender, gender identity, or gender expression. C. Curatorial Consultant shall furnish all information and reports requested by City, and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with such rules and regulations. d. In the event of Curatorial Consultant noncompliance with the nondiscrimination clauses of, his Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Curatorial Consultant may be debarred from further agreements with the City. ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Curatorial Consultant shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of Curatorial Consultant'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 effeOve unless made in writing and signed by both parties hereto and approved by appropriate action of City. 11.4. Waiver. i 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 fee 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 Page 113 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Curatorial Consultant 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 Curatorial Consultant, and any lawful successor or assign, and are not intended to create any rights, contractual, or otherwis6,to any other person or entity. 11.8. Severability. If any provision of this Agreement shall be held to be invalid,illegal,or unenforceable,the validity,legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 11.9. Force Majeure. City and Artist will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion.The notice required by this section must be addressed and delivered in accordance with this Agreement. 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 Page 114 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant Curatorial Consultant 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. Curatorial Consultant agree that City will have the right to audit the financial and business records of Curatorial Consultant 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 Curatorial Consultant shall make all Records available to the City at 200 Texas Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Curatorial Consultant shall require all of its subcontra.cftors 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 MBE/WBE. If applicable, Curatorial Consultant 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 Curatorial Consultant), 6 (Ownership sand Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Curatorial Consultant as an i 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, boat 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 Page 1 15 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant 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 certifies that Artist's signature provides written verification to the City that Artist: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement. 11.19. Energy Companies. If Curatorial Consultant is a company with ten (10) or more full-time employees and if this Agreement is for $100,000 or more, Curatorial Consultant acknowledges that in accordance with Chapter 2274 ofi the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Curatorial Consultant certifies that Curatorial Consultant's signature provides written verification to the City that Curatorial Consultant: (1)does not boycott energy companies;and(2) will not boycott energy companies during the term of this Agreement. 11.20. Firearms and Ammunitions Industries. If Curatorial Consultant is a company with ten (10) or more full-time employees and if this Agreement is for $100,000 or more, Curatorial Consultant acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1,the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate,""firearm entity" and "firearm trade association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Curatorial Consultant certifies that Curatorial Consultant's signature provides written verification to the City that Curatorial Consultant: (1) does not have a practice,policy, guidance, or Page 116 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant directive that discriminates against a firearm entity or firearm trade association; and (2) wilil not discriminate against a firearm entity or firearm trade association during the term of this Agreement. ARTICLE 12 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Fernando Costa, Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth,TX 76102 Copies to: Leann Guzman, City Attorney City Attorney's Office 200 Texas Street Fort Worth, TX 76102 Martha Peters, Director of Public Art Arts Council of Fort Worth 1300 Gendy Street Fort Worth, TX 76107 2. CURATORIAL CONSULTANT: Iris Bechtol 1122 Elmdale Place Dallas, Texas 75224 Page 17 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant IN WITNESS HEREOF,the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH C RATORIAL CONSULTANT 7i�� LIOIL— — Fernando tosta Iris echtol Assistant City Manager Curator CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. A4C��I2Lcha,,-djovtr Name: Michelle Richardson Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: Jessika Williams Assistant City Attorney ATT D BY: J V: Jar Aette S. Goodall City Secretary ' '4 Form 1295:Not Applicable M&C:Not Applicable OFFICIAL RECORD Page 118 of 37 CITY SECRETARY Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant FT, WORTH,TX Exhibit A: Approved Curatorial Proposal Narrative Description Though the concepts evolved from each artist's respective practices as individuals,their work crosses paths.Each artist took interest in the circular quality of the roundabout. The roundabouts recall the shape of a clock as drivers move around them and past them, "passing time"on their daily commute. While the sculptures are stationary, their design mimics the movement of the roadway and the roundabouts, creating a rhythmic quality, like a clock ticking in time,that is both pleasing to the eye but also keeps the passer's by moving, helping to mitigate distraction. Bajuyo's One Way and Eggert's A Very Long Now encourage the viewer to consider time as linear and endless,but also as cyclical. The spiraling up in Eggert's suggests the possibility of time extending, spiraling outward and upward. Each sculpture's placement in its respective roundabout and rhythmic quality created by repetition of elements ensures a visually engaging experience from all directions reinforcing again the aspect of time in the work. These sculptures and the relationship between the sculptures give form to the relative endlessness of time as memory and experience circle, loop, and overlap. Our proposal for the Marine Creek Parkway Public Art Project highlights our understanding of our place in the world as well as our place in time. Curatorial Proposal Design Images a _+ _ I . ■ a�Ny • iw 1 i y� I Overall design along the Marine Creek Parkway Streetscape (Top)Cromwell-Marine Creek Road Roundabout, (Bottom) Longhorn Road Roundabout Page 119 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant Marine Creek Parkway streetscape view,facing south from Cromwell-Marine Creek Road roundabout Mp 9 AW One Way,to be located at the intersection of Cromwell-Marine Creek Road and Marine Creek Parkway Aluminum and stainless steel sculpture with applied paint, 15' (h)x 30' (w)x 26' (d) Page 120 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant 5�b I - _ Marine Creek Parkway streetscape view,facing north from Longhorn Road roundabout r-I � A Very Long Now,to be located at the intersection of Cromwell-Marine Creek Road and Marine Creek Parkway Aluminum sculpture, 29',4" (h)x 25', 6" (w)x 37' (d) Page 121 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant EXHIBIT B: Project Outline I q YAROW OREEK OF RUS ATM?WNW TEMP BENCH PARK/IS 0 ~.�mc. O WM�AR3)RAW Yu! IT ON THE NORTH NEST -� I►�' CRO�niFil-YAMW CRax ROAD �. MMENVA .rcy 1 f C aF N.0203 A SOUARE DROP WT 0 ! 1 ow Dr na STATION:68+06.46 OFFSE T:65.40'RT N:6903t84.0240 nnntp V 00 to E%Row PROP Row E:2309239-9904 I 4 1 f ELEVATION:737.03 MARINE CREEK PARKWAY _S x — PROP ROW A6am eTtoo_-_ 60 ---794yo_-._.2 799_ E� n h , rRm I PED ESM7 E%ROW CONTROL POINT/6' 1 :fit, b c 5/8"CIRS Ex ROw ZEx I.,ORNxr A. STATION:77.26.52 1 ' f Z CONTROL POINT 082 OFFSET 41D3,7 R7 CVS f+laHwac• .v: �I h:899af p3.7795 CCF.v_. "o32`,fn.I 4 Ct' 5/8"LIRS E:2309215.3595 v O STATION;73+03.66 ELEVATION:753.57 PROP , J Y f4,T7_:a' 'OHN ROAD t + ) =Q OFFSET:55.26'RT ' LU 0 0 N:6993981.1320 YARGIWK row CMADM LTD. + Z 0_' E:2109230.5726 CCF N9.020422940R ti ELEVATION:743.05 awmwu YAMW CREEK ROAD r_ ti V As part of thel 2008 Bond Program,the City of Fort Worth made improvements along Old Decatur Road at the border of District 2 and District 7.This area was identified as an impactful place for public art in the Fort Worth Public Art Plan for the 2008 Bond Program.However,after the improvements were made,Old Decatur Road was annexed to the City of Saginaw. The City Manager's Office has approved moving the public art projects to two new roundabouts at Marine Creek Road at the intersections of Longhorn road and Cromwell-Marine Creek Road due to their proximity to the original site. Since this project will utilize"Legacy Funds", Public art staff recommends a new streamlined approach to Curatorial Consultant selection as outlined below. PUBLIC ART SITE AND APPROACH This public art project provides an opportunity for one curator and two Curatorial Consultants he/she selects to create a unique,Curatorial Consultantic experience along Marine Creek Parkway at two roundabouts,each approximately 82'in diameter,which are separated by a mere 0.3 miles.The curator will act as a project consultant in addressing the site by selecting two Curatorial Consultants to each create a new work that will be in visual dialogue with each other.The artworks shall be properly integrated into the site and considerate of their location. The Marine Creek Parkway Project Core Team discussed artwork for the streetscape that is welcoming and tie the two roundabouts together in an interesting way.The Team suggests work that is readable and engaging to viewers whether on foot or traveling by car without becoming a safety hazard.Located near Marine Creek,community members commented on the wildlife and various nature areas near the corridor that could be a source of inspiration.With the area still considered an"emerging"part of Fort Worth,the Team agreed the artwork could serve to give a sense of identity to this newer part of the city. PUBLIC ART BUDGET Approximately$632,360.00 was included in the Public Art Plan for the 2008 Bond Program approved by City Council on October 26,2010(M&C G-17094),for the[renamed] Marine Creek Parkway Public Art Project budget including contingencies and project management costs.This project is included in the Fort Worth Public Art Filcol Year 2021 Annual Work Plan,adopted by City Council on September 22,2020(M&C 20-0678). ELIGIBILITY An Open Call to Texas-based Curators will be publicized(see pages 4-5 of this document). Public Art staff,along with an appointed member of the Fort Worth Art Commission,will review submissions received from the Fort Worth Public Art Texas Curator Open Ca112021 by the Marine Creek Parkway deadline and select pool of up to 6-8 curators for consideration by the Curator Selection Panel.Curators will be contacted to confirm their interest for the Marine Creek Parkway Public Art Project prior to presentation to the Curator Selection Panel. Page 122 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant SELECTION PROCESS CURATOR SELECTION Voting members of the Selection Panel will review the pool of curators and select three finalists and one alternate based on their qualifications and fit for the project.This selection will take place virtually,with each voting member individually reviewing all materials before ranking via email. The selected curators will be placed under a Proposal Agreement and will be offered an honorarium$3,000,with$1,000 equally divided between the curator and the two Curatorial Consultants they select. FINALIST ORIENTATION The finalists shall participate in an orientation for the project,including a site visit. This orientation will take place virtually due to COVID-19. A second orientation may be held to share additional site information once the curator- finalists have selected their Curatorial Consultants. SELECTION PANEL MEETING The Selection Panel shall hear curatorial proposal presentations by each finalist which shall include conceptual artwork renderings by their selected Curatorial Consultants,along with a written narrative description and estimated budget.The Panel may then ask questions pertinent to the project and/or about their professional experience.The Panel will then recommend one curatorial proposal and one alternate proposal for the project. Upon the Fort Worth Art Commission's approval,a Design contract will be executed with the curator and selected Curatorial Consultants. MEETING FACILITATOR: Michelle Richardson, Public Art Project Manager,Arts Council of Fort Worth SELECTION PANEL(Voting) 1. Council Member, District 2 2. Ryan Smith, Elected Project Core Team Member 3. Randle Harwood, Fort Worth Art Commissioner 4. Jessica Fuentes,Curatorial Consultant/Educator 5. Andrea Tosten,Curatorial Consultant/Arts Professional ADVISORS(Non-voting) 1. District 2 Director 2. Lissette Acevedo,Transportation/Public Works,City of Fort Worth 3. Other Project Core Team Members 4. Others as may be appropriate TIMELINE(Subject to change) Project Outline Approved April 19,2021 Project Core Team Orientation May 2021 Selection Panel Meeting#1 June 2021 Finalist Orientation June/July 2021 Selection Panel Meeting#2(Proposal Presentations) Late August/Early September 2021 FWAC approval September 20,2021 Page 123 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant EXHIBIT C: Site 2R7 � E Mrinon Ad. i M wdd.�aiom.epd w60WSo NAd Ep WAt Fork Ranch by Pulte Homes 9 SUMMERFIE o g FOSSIL PARK Saginaw °p""aeR+tl whlal�olS1A $ Blue Mound 1heigVie I Vossil -*egk a Lbgh—Rd EnWUMrlBl A" CJgM Sr WRd FeeMdo�k�b a aj _. �r•r, Tarrant + z ® County College- IVorthwestc: Fort Worth Melody Hills Meacham Intl/Urpcnt r a.e lU ial tii d4es��' mur En Marine Creek Parkway at Longhorn Road Page 124 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant r jib 3 Marine Creek Parkway at Cromwell-Marine Creek Road Page 25 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant EXHIBIT D: BUDGET FORM BUDGETPROJECT BUDGET ARTIST PROJECT DEVELOPMENTDEVPROJECT ELOPMENT COSTS FEES INSTALLATION Artist Fee(Studio overhead,Design,Admin) transportation of Artwork Engineer Permits Lighting Designer Site Preparation/teemediation Conservator Footings/Foundations Photographer Electrical connections/Modifications other Professional Fees installer Labor Equipment Rental Traffic a mtrol SUB-TOTAL FEES Security SLJB-TOTAL INSTALLATION TRAVEL(Based on GSA Rates) meson INSURANCE Ming General WbBrty(prorated) Per diem(meals and incidentals) Other SUB-TOTAL TRAVEL SUB-TOTAL OVERHEAD FABRICATION Materials CONTINGENCY Artist labor(hours x S per hour) 51-Artist-held Contingency Requ-red Prelimmary Design Phase Fabricator/Labor by others GRAND TOTAL Rental;(equipments fabrication space,etc) Storage SU&TOTAL FABRICATION Page 126 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant EXHIBIT E: Sales Tax Exemption Form Oiawya 0%.4rssp '��sc`�.*,ate Texas Sales and Use Taut Exemption Certification An aerVkm1v doaa not rerfuie a nurrabar b be vnW. Ct gFoA Worth,Tax" acornftMirgAbW.RQ WaHAflPeas�br,? rR,ai.r7�nams..,a+.aat.� too Ta xon abrst atr- s a tT Cft.dW..ZWCCd* "Worth,Tomes MQ2 1,the pirchaser named ebove,Balm an em"plion from p&VA*A of as*s and me tames(for tre purchase of Umbue deems dowibed below or an D*atteched order or irwoke)hm SOW, All Vbndo s f t*eddnml CM►,BLVE,ZIP Dada Desapikm of km6 to be purdiaaad or vn we aHnched ardor or imeloe. AN I o!&Purdwav aoFtnowkft=the!this Cad&case cannot be umd for the aunrh1m.kmm ar rvr W of a maw wahbi t_ Purd%aw dalms Ifib ammPhon for the fak wmg roasao {ito�afrlrftWOl En I uWar=nd t vat I wll be Ibtrle lar pwfmw t of all wMa and loael silos or use laws whidh malt bacamr duo for faWra to Gwo r aitih the praWKans or tho Tao Coda onVa all apptloable law f��aAdAtt4MiroA6M►aeav(�rnlllr►eadR4p60A�GIr�Celulblhe�wr�rf6rlroraGiadlaat�,Ylter'Narerx efWs/4rreafpw4ireae, rrfQbeoeadbenoemxcLhtr�'hsrrMe/ p,esaerJiallh�oarf4Fmfet srrddapand*lPonlheemcwrfdfarese lhvC f6nse+nar'rarve bum a Om C nrlaabrnea w 16 a Maw of Me s-ovnd abprae sigm w M ,erm., hffl* trr FlnmaoaOtna=MCFO Ir fit!l NGTE. Ths cadWi o omnarl ba iraauad for#w pun*aft law4.w roVA Of o rnolor V*hkie TW C+ERTWKATErDOES NOT AM AM A DER TO BE VALUX 6"and Uw Tear'Eaa rt Nun+ban'or'rax Erdmpf Numbrrri do not eWer Thllt AveMllpfbll t111frtlAd�ltitrflN111�4 q1�tlll�plNlf. Do 00 MOW OW aotatpll"anNttaftlb bt 00 C00*04W of PfahfBo Itaoomrt-. Page 127 of 37 Agreement Between the City of Fort Worth and Iris Bechtol for Marine Creek Parkway Curatorial Consultant