HomeMy WebLinkAboutContract 44615C1TY �C�CT� � �� ���� � �
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AGREEMENT FOR COMMISSION OF P�TBLIC ARTWORK
BETWEEN THE CITY OF FORT WORTH AND SATO SERVICE, LLC
FOR CHISHOLM TRAIL PARKWAY (SH— 121T)
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This Agreement is entered into this �day of �, � y`- � , 2013, 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 Sato Service, LLC, a Washington
Limited Liability Company, located at 1045 NE 88t�' Seattle, Washington 98115, and acting by and
through Norie Sato, its duly authorized Member/Manager. City has designated the Arts Council of
For•t 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 commemoi•ate the City's rich cultural and ethnic diveisity,
to integrate the design worlc of artists into the development of the City's capital infi•astructure
improvements, and to promote tourism and economic vitality in the City through the artistic design
of public spaces;
WHEREAS, the City is participating in the design and consh�uction of the Chisholm Trail Packway
(SH-121Tollway), which extends fi�om Inteistate 30 to FM 1187, with the North Texas Tollway Authority
("NTTA");
WHEREAS, funds for a public art project associated with the SH-121 Tollway were included in the
Public Art Plan for the 2004 Capital Impr�ovement Progr�an7 approved by City Council on May 17, 2005
(M&C G- 14801) and the Pzrblic Ar•t Plan for the Cr�itical Capital Needs Pf�ogr�anz approved by City Council
on October 26, 2010 (M&C G-17095);
WHEREAS, the Project is included in the Fof�t Worth Parblic Ari Fiscal Year 2013 Anna�al Work
Plan, approved by City Council on October 16, 2012 (M&C C-25920) as part of the City's agreement with
the Contract Manager for administi•ation of the public art pcogram;
WHEREAS, pursuant to City Secretary Contract No. 44143, Artist created a Final Design
for each component of the Work for the Chisholm Trail Parlcway, which includes the following: (1)
Glass mosaic tile murals inspired by "Trinity River Water Fowl" for integration into six East Clear Focic
Crossing Bridge Monuments; and (2) a series of 10 unique glass mosaio-clad columnar "Water Crossing
Markers" that celebrate the flora and fauna of the Trinity River Wateished;
RECEIV�D .��J�_ � (� 2013
Agreement foc Commission of Public Ai•twork
between the City of Fort Worth and Sato Sei•vice, LLC
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WHEREAS, the Site upon which the Worlc (as hereinafter defined) shall be placed will be
owned by the NTTA and, therefore, installation of the Worlc will be contingent upon the execution
of an agreement between the City and NTTA granting the City some property interest in and to the
Site;
WHEREAS, the Final Design was reviewed and approved by the FWAC on April 15, 2013;
WHEI2EAS, on June 4, 2013, the Fort Worth City Council approved M&C C-26287, which
authorized execution of this agreement for the fabrication, delivery, and installation of the Worlc;
and
WHEIZEAS, City and Artist wish to set out the terms and conditions under which said
Worlc shall be fabricated, delivered, and installed at the Site.
NOW, THEREFORE, City and Artist for and in consideration of the covenants and
agreements hereinafter set forth, the sufficiency of which is hereby acicnowledged, 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 of Fort Worth
and Sato Service, LLC, for Commission of Public Artworlc for the Site.
1.2. Artist - Means and includes Sato Service, LLC, and/or its partners, members,
managing members, ofiicers, managers, proprietors, director•s, employees, representatives, agents,
subsidiary organizations, parent organizations, successor entities, assigns, predecessors,
stocicholders, administrators, subartists, contractors, and related companies.
1.3. Artworlc Design — Means the final, City-approved design of the Work for the Site,
created in connection with the Final Design Contract and includes, but is not limited to, all final
City-approved maquettes, drawings, slcetches, prototypes, models and the lilce that were created by
Artist in connection with the Final Design Contract. The design includes a total of 22 components—
twelve (12) individual bridge monument mosaic designs and ten (10) individual water crossing
marlcers designs—all of which are depicted in more detail in the attached Exhibit "A" that is
incorporated herein for all purposes.
1.4. Contraet Manager — Means and includes the Arts Council of Fort Worth and
Tarrant County, Inc., and/or• its officers, directors, employees, agents, subsidiary organizations,
Agcee►nent for Commission of Public Artwoi•k 2 of 46
between the City of Fort Worth and Sato Service, LLC
parent organization, successor corporations, assigns, predecessors, stocicholders, administrators, and
related companies.
1.5. City — Means and includes the City of Fort Worth, Texas and its ofiicers,
representatives, agents, servants, 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. Final Acceptance - Means City's written acknowledgement to Artist that all services
for fabrication, delivery, and installation of the Worlc have been completed in accordance with the
terms of this Agreement.
1.8. Final Design Contract — Means and includes Fort Worth City Secretary Contract
Number 44143, an Agreement between the City of Fort Worth and Sato Service, LLC, for Final
Designs of Public Artworlc.
1.9. Parties — Means and includes City and Artist.
1.10. Project — Means and includes the capital improvement or public art development
undertalcing of City for which Artist's services are to be provided pursuant to this Agreement.
L11. Project Manager — Means and includes Carl T. DeZee, P.E., Kimley-Horn and
Associates, Inc., the firm hired by City to act as the City's project manager and liaison with the
Project Partner.
1.12 Project Partner — Means and includes the North Texas Tollway Authority, who is
responsible for construction of the Site.
1.13. Schedule - Means and includes a written plan of procedure for completion of
fabrication, delivery, and installation of the Worlc, including, but not limited to, the submission of
progress reports.
1.14. Site — Means Chisholm Trail Parkway (SH-121Tollway), fi•om I-30 to FM 1187, and
includes six sites at the East Clear Foj•k Crossing Bridge and ten other sites that intersect with Chisholm Trail
Packway, including Montgomery, Vickery, Future Oakbend, Dutch Branch, Dirks/Altamesa, Sycamore
School Road, Summer Creek, Risinger, Stewa►•t Felz, and Old Gi•anbury Road, all of which are more
particularly described in Exhibit "B," attached hereto and incorporated herein by cefecence for all purposes.
The individual sites ace subject to change, which shall be incocporated into a written amendment to be
executed by the Parties hereto.
1.15. Worlc — Means the finished objects of ar•t and design that ace the subject of this Agreement,
or any intermedia�y stage of completion of such works and includes the following: (1) Glass mosaic tile
Agreement for Commission of Pubiic Ai•twork 3 of 46
between the City of Fol•t Worth and Sato Service, LLC
murals inspired by "Trinity River Water Fowl" installed on the six East Clear Fork Crossing Bridge
Montunents; and (2) A series of 10 unique glass mosaic-clad columnar "Water Crossing Markers" that mark
the locations where creeks and streams cross under the Tollway and celebrate the flora and fauna of the
Trinity River Watershed.
ARTICLE 2
SCOPE OF SERVICES AND DELNERABLES
2.1. Artist Selection.
City and Artist acicnowledge that Artist's Artworlc Design was reviewed and approved by the
FWAC on April 15, 2013, and is the basis for executing this Agreement with Artist.
2.2. Scope of Services.
a. Artist shall perform all services and shall furnish all supplies, materials, and equipment as
necessary for fabricating, delivering, and installing the Worlc at the Site. Services shall be
performed in a professional manner and in strict compliance with all terins and conditions in
this Agreement.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture
of the Worlc, subject to review and acceptance by City as set forth in this Agreement. The
location at the Site where the Worlc shall be installed shall be mutually agreed upon by City
and Artist.
c. Artist, upon request of Contract Manager, shall provide information and/or attend meetings
with appropriate City staff for purposes of rislc assessment, safety review, sighting of the
Worlc, and permitting.
d. Upon request of City, Artist shall consult with a qualified art conservator and shall provide
written maintenance recommendations for the Work from said conservator to the Contract
Manager.
e. Artist shall participate in one public education event in Fort Worth at a mutually agreed
upon date and time.
f. Artist shall install the Worlc on dates and times mutually agreed upon by Artist and City.
2.3. City Assistance.
Upon request by Artist, City shall promptly furnish all information and materials required by Artist
to the extent that such materials are available. City, upon request by Artist, shall also provide
correct scaled drawings of the Site, if available.
2.4. Execution of Worlc
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between the City of Fort Worth and Sato Service, LLC
a. Artist shall furnish the Schedule to the Contract Manager within fifteen (15) business days
after the Effective Date. After written approval of the Schedule by City, Artist shall
fabricate, deliver, and install the Worlc in accordance with such Schedule. Schedule changes
may be accomplished by written agreement between Artist and City.
b. City and/or Contract Manager, upon written request, shall have the right to review the Worlc
during its fabrication and/or• request visual documentation of the fabrication. Artist shall,
upon written request by the City and/or Contract Manager, provide a written progress report
detailing the progress made toward completion of the Work and the remainder of worlc to be
done to complete the Work. Artist shall comply with any request made by the City and/or
Contract Manager pursuant to this Article 2.4 within thirty (30) days after receipt of the
written request.
c. Artist shall complete the fabrication of the Worlc in accordance with the Artworlc Design.
Artist shall present to the Contract Manager, in writing, for further review and approval, any
changes in the scope, design, color, size, material, or texture of the Worlc. The Contract
Manager, in its sole discretion, shall determine whether the changes are significant and
whether the changes conform to the Artwork Design. If the Contract Manager, in its sole
discretion, determines that the changes are significant and do not conform with the Artworlc
Design, then the Contract Manager shall, in light of the Artwork Design, determine whether
a signiiicant change requires City approval. If the change requires City approval, then the
change(s) may be presented to the FWAC for review and approval at a regularly scheduled
or special meeting of the FWAC. If any disputes arise thereafter, the Parties shall first
attempt to resolve those disputes in accordance with the dispute resolution process set forth
in Article 12 of this Agreement.
2.5 Delivery and Installation.
a. Artist shall notify City, through its Contract Manager, in writing when fabrication of the
entire Worlc is completed and is ready for its delivery and installation at the Site.
b. Construction of the Sites, including, but not limited to, the design, engineering, and labor
associated with preparing the Sites to receive the Worlcs shall be performed by Project
Partner, and shall be done in accordance with the specifications jointly agreed to by Artist,
the NTTA, and City. Artist shall ensure that the specifications for the concrete columns for
the Water Crossing Markers are provided to the Project Manager in accordance with the
Agreement for Commission of Public Artwork 5 of 46
between the City of Fort Worth and Sato Service, LLC
schedule provided by Project Manager so that Project Partner can incorporate them into the
construction documents and construction contract(s).
c. Artist shall install all elements of the Worlc, including all mosaics and the metal sculptural
caps on the top of each of the Water Crossing Marlcers. Artist shall coordinate the
installation of the Worlc with City and Contract Manager. Delivery and installation activities
shall not commence until the City executes an agreement with the NTTA granting the City
property rights in and to the Site (e.g., easement) and written permission is delivered to
Artist by the City. In no event shall the installation of the Worlc (including any components
of the Worlc) commence prior to the full completion of the entire Site.
d. Artist shall abide by all terms and conditions of any agreement between the City and NTTA
concerning the Worlc at the Site.
e. Artist shall be responsible for all costs associated with the materials, fabrication, delivery
and installation of the Worlc, including, but not limited to, equipinent rentals, transportation,
and labor.
£ Should Artist complete the Worlc in advance of the completion of the Site, Artist shall store
the Worlc at no expense to City until such a time as the Site is completed and the Contract
Manager notifies Artist that installation may commence.
g. Artist, individually and through its subcontractors, including its fabricator and/or installer,
shall talce all necessary precautions to protect and preserve the integrity and iinish of the Site
while delivering and installing the Worlc. If City determines, in its sole discretion, that
Artist or ArtisYs subcontractoi•s have damaged the Site, then City shall inform Artist, in
writing, of the damage. Artist, at his/her own expense, shall have thirty (30) days from
receipt of City's written notice to repair the damage to the Site to the satisfaction of City. If
Artist fails to repair the damages to the satisfaction of City within thirty (30) days after
receipt of the notice, or within the deadline otherwise agreed to by the parties, then City
shall have the right to deduct the cost of repairs from any remaining payment due to Artist
under this Agreement, which shall be in addition to any and all other rights and remedies
available to City at law or in equity.
h. Upon City's request, prior to installation of the Worlc, Artist shall consult with a qualified art
conservator and pr•ovide to Contract Manager written instructions for appropriate
maintenance and preservation of the Worlc on the form attached hereto as Exhibit "C"
Agreement for Commission of Public Actwot•k 6 of 46
between the City of Fort Worth and Sato Service, LLC
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(Technical and Maintenance Record). The appropriate maintenance and preservation
instructions shall not be substantially different from the maintenance and preservation
anticipated and conveyed to City for the Worlc in the final design phase for the Worlc.
2.6 Post-installation.
a. Within thirty (30) days after the installation of the Worlc, Artist sha11 furnish Contract
Managei with a set of at least high-resolution digital images (.tiff format) and low-resolution
digital images (.jpeg format) fully documenting all the individual components of the Worlc
from various vantage points, including detail shots and overall views showing components
of the Worlc installed, as selected by Contract Manager, to document the Worlc after the
Worlc is installed.
b. Artist shall make his/her best effort to be available at such time(s) as may be set by the City
and Project Partner to attend any inauguration or presentation ceremonies relating to the
transfer of the Worlc to City. City shall use its best efforts to arrange for publicity for the
completed Worlc in such art publications and otherwise as may be determined between City
and Artist as soon as practicable following installation.
c. For the duration of the Agreement, if Artist intends to seelc its own publicity for the Work,
such efforts and/or press releases must be approved, in advance, by City.
2.7 Final Acceptance.
a. Artist shall notify City and Contract Manager, in writing, when all services for fabrication,
delivery, and installation of the Worlc have been completed in accordance with the terms of
this Agreement. Included in such notice from Artist shall be an affidavit, attached hereto as
Exhibit "D" (Affidavit), certifying that all bills relating to services or supplies used in the
performance of this Agreement have been paid.
b. City shall notify Artist in writing of its Final Acceptance of the Worlc.
c. Final Acceptance shall be effective as of the earlier to occur of (1) the date of City's
notiiication of Final Acceptance; or (2) the 35th day after Artist has sent the written notice
to City required under this Section 2.7, unless City, upon receipt of such notice and prior to
the expiration of the 35-day period, gives Artist written notice specifying and describing
anything that has not been completed pursuant to this Agreement.
2.8 Rislc of Loss
Agreement for Commission of Public Artwork 7 of 46
between the City of Fo►•t Wo►•th and Sato Service, LLC
The risic of loss or damage to the Worlc shall be borne by Artist prior to Final Acceptance, and
Artist shall talce such measures as are necessary to protect the Worlc from loss or damage until Final
Acceptance, including, but not limited to, the purchase of property loss insurance, except that the
rislc of loss or damage shall be borne by City prior to Final Acceptance during such pei•iods of time
as the partially or wholly completed Worlc is in the custody, control or supervision of City or its
agents for the purposes of moving, storing, or performing any other ancillary sez•vices to the Worlc.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Compensation.
Total compensation to Artist under the Agreement shall be in an amount not to exceed NINE
HUNDRED SEVEN THOUSAND ONE HUNDRED SEVENTY-EIGHT DOLLARS AND NO
CENTS ,$907,178.00�, which shall constitute full compensation for all services to be performed and
materials to be furnished by Artist under this Agreement, including, but not limited to, fabrication,
transportation, installation, Artist's fee, insurance, incidental costs, all travel expenses, and any
other costs associated with the Worlc. The Parties may amend this Agreement to allow for
additional payment if additional services are requii•ed.
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 HUNDRED NINE THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS
AND SEVENTY-SIX CENTS ($209,952.77� upon execution of this Agreement.
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AND SEVENTY-SIX CENTS ($209,952.77� upon Contract Manager's verification of 50%
fabrication of the Worlc.
iii. TWO HUNDRED NINE THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS
AND SEVENTY-FIVE CENTS ($209,952.76� upon Contract Manager's verification that
the Worlc is ready to install.
iv. TWO HUNDRED NINE THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS
AND SEVENTY-FIVE CENTS ($209,952.76� upon Contract Manager's verification that
the installation of the Worlc is complete.
Agceement for Commission of Public Artwork 8 of 46
between the City of Foi•t Worth and Sato Service, LLC
v. EIGHT THOUSAND FOUR HUNDRED EIGHTY-TWO DOLLARS AND
NINETY-FOUR CENTS ($8,482.94� within thirty-five (35) days after Final Acceptance and
receipt by City of such documentation it may require concerning payment of services and
supplies rendered to Artist (see Article 2); provided, however, that final delivery shall not be
tendered prior to the expiration of thirty (30) days after Final Acceptance.
vi. City may pay Artist contingency funds in an amount up to FIFTY-EIGHT
THOUSAND EIGHT HUNDRED EIGHTY-FOUR DOLLARS AND NO CENTS
�$58,884.00� for costs associated with the Worlc that are incurred by the Artist due to
unforeseen changes in fabrication or installation costs. Such payment will be made upon (i)
receipt of supporting documentation by the Contract Manager fi•om the Artist and (ii)
approval by the Contract Managei of the additional costs.
3.3. Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be
due upon the Worlc. City shall supply Artist with the "Texas Certiiicate of Exemption," in
substantially the same form as that attached hereto as Exhibit "E" for use by Artist in the fulfillment
of this Agreement.
3.4. Artist's Ex ep nses•
Artist shall be responsible for the payments of all expenses incurred during the performance of this
Agreement, including, but not limited to, services, materials, mailing/shipping charges and
insurance on submissions to City and/or Contract Manager, cost of all travel, and costs for Artist's
agents, consultants, and/or employees necessary for the proper performance of the services required
under this Agreement.
ARTICLE 4
TERM AND TIME OF PERFORMANCE
4.1. Term.
This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to
such provisions in this Agreement, shall extend until final payment to Artist by City.
4.2. Duration.
The services to be required of Artist set forth in Article 2 shall be completed in accordance with the
Schedule; provided, however, such time limits may be extended or otherwise modified by written
agreement between Ai•tist and City.
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between the City of Fort Worth and Sato Service, LLC
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4.3. Earl�pletion of Artist Services.
Artist shall bear any transpoi�tation and storage charges incurred from the completion of his or her
services prior to the time provided in the schedule for delivery.
4.4. Time Extensions; Force Majeure.
City or Artist, as appropriate, shall grant a reasonable extension of time to the other party if
conditions beyond the Parties' control or Acts of God, flood, riot, civil insurrection, labor• strilces, or
orders of local or federal government render timely performance of the parties' services impossible
or unexpectedly burdensome. The party suffering the impossibility or burdensome conditions must
inform the other in writing within ten (10) days of the onset of such performance delay, specifying
the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either
party's reasonable control shall not be considered a br•each of this Agreement; provided, however,
that such obligations shall be suspended only for the duration of such conditions.
ARTICLE 5
WARIZANTIES
5.1. Warranties of Title and Co���ri�
a. Artist represents and warrants that:
i. Artworlc Design and Worlc shall be the original product of Artist's sole creative
efforts.
ii. Artwoi•lc Design and Worlc are and will be unique and original, and do not infringe
upon any copyright or the rights of any person or entity.
iii. At•tworlc Design and Worlc (or duplicate thereof� have not been accepted for sale
elsewhere.
iv. At•tist has not sold, assigned, tt•ansferred, licensed, granted, encumbered, or utilized
the Artworlc Design and/or Worlc or any element thereof or any copyright related thereto that
may affect or impair the rights gt•anted pursuant to this Agreement.
v. Artworlc Designs and Worlc are fi•ee and clear of any liens fi•om any source
whatsoever.
vi. Artist has the full legal power and authority to enter into and perform this Agreement
and to make the grant of all rights, including, but not limited to, all rights pertaining to
copyright, contained in this Agreement.
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vii. All services performed hereunder shall be performed in accordance with all
applicable laws, regulations, ordinances, etc., and with all necessary care, slcill, and
diligence.
5.2 Warranties of Quality and Condition
a. Artist represents and warrants that all worlc will be performed in accordance with
professional "worlcmanlilce" standards and free fi•om defective or inferior materials and
workmanship (including any defects consisting of "inherent vice," or qualities that cause or
accelerate deterioration of the Worlc) for one year after the date of Final Acceptance.
b. Artist represents and warrants that the Worlc and the materials used are not currently lcnown
to be harmful to public health and safety.
c. If, within one year after Final Acceptance, City observes any breach of warranty described
in this Article 5.2 that is curable by Artist, City shall give written notice to Artist of such
breach with reasonable promptness. Artist shall, at the request of City, cur•e the breach
satisfactorily and consistent with professional conservation standards (in accordance with
the American Institute of Conservation (AIC) Code of Ethics and Guidelines for Practice)
and/or construction standards, including, but not limited to, any standards set forth by City,
within thirty (30) days after receipt of the written notice, at no expense to City.
d. If, within one year after Final Acceptance, City observes any breach of warranty described
in this Article 5.2 that is not curable by Artist, Artist is responsible for reimbursing City for
damages, expenses, and losses incurred by City as a result of the breach. However, if Artist
disclosed the rislc of this breach in the proposal and City accepted that it may occur, it shall
not be deemed a breach for purposes of this Article 5.2.
e. If, after one year fi•om Final Acceptance, City observes any breach of warranty described in
this Article 5.2 that is curable by Artist, City shall give written notice to Artist to make or
supervise repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall
notify City, in writing, within thirty (30) days after receipt of the notice as to whether Artist
will malce or supervise the repairs or restorations. Should Artist fail to respond within the
thirty-day (30) deadline or be unwilling to accept reasonable compensation under the
industry standard, City may seelc the services of a qualified restorative conservator and
maintenance expert.
£ Acceptable Standard of Display. Artist represents and warrants that:
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General routine cleaning and z•epair of the Worlc and any associated worlcing parts
and/or equipment will maintain the Worlc within an acceptable standard of public
display.
ii. Foreseeable exposure to the elements and general wear and tear will cause the Worlc
to experience only minor repairable damages and will not cause the Worlc to fall
below an acceptable standard of public display.
iii. With general routine cleaning and repair, and within the context of foreseeable
exposure to the elements and general wear and tear, the Worlc will not experience
irreparable conditions that do not fall within an acceptable standard of public display,
including, but not limited to, mold, rust, fracturing, staining, chipping, tearing,
abrading, and/or peeling.
iv. Manufactut•er's Warranties. To the extent the Worlc incorporates products covered
by a manufacturer's warranty, Artist shall provide copies of such warranties to City.
g. The foregoing warranties are conditional, and shall be voided by the failure of City to
maintain the Woi•lc in accordance with Artist's specifications and the applicable conservation
standards. If City fails to maintain the Work in good condition, Artist, in addition to other
rights or remedies Artist may have in equity or at law, shall have the right to disown the
Worlc as Artist's creation and request that all credits be removed from the Worlc and
reproductions thereof until the Worlc's condition is satisfactorily repaired.
5.3 Survival of Representations and Warranties
The representations and warranties in this Article 5 shall survive the termination or other extinction
of this Agreement.
ARTICLE 6
INSURANCE INDEMNITY AND RELEASE
6.1 General.
Artist shall carry insurance as set out in Exhibit "F," which is attached hereto and incorporated
herein foi• all purposes. Evidence of required insurance shall be submitted to the Contract Manager
prior to installation of the Worlc on City property. However, if any part of the fabrication process
will be conducted on City property, then Artist shall submit evidence of required insurance to the
Contract Manager prior to performance of that worlc. Evidence of subsequent renewals of said
insurance is required until City has taken possession of the Wor•k. Except as provided in Section 2.8
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hereof, the rislc of damage to or loss of the Worlc shall, during fabrication and installation but prior
to Final Acceptance, shall be solely that of Artist. This rislc shall transfer to City and shall no longer
be the responsibility of Artist upon Final Acceptance.
6.2. Performance Bonds.
Artist shall not be required by City to post any performance bonds or similar undertalcings.
6.3. Indemnitv
a. GeneralIndemnitv
i. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY,
HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM
AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS,
ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES
(INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF
DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR
SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO,
THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO,
WOI2KERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND
PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT
LIMITED TO, DEAT� TO ANY AND ALL PERSONS, OR OTHER HARM FOR
WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
RESULTING FROM THE ACTS, ERRORS, OR OMMISSIONS OF ARTIST
AND/OR ARTIST'S SUBARTIST 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.
ii. 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.
iii. 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.
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b. 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
worlcs by Artist. City expressly assumes no obligations, implied or otherwise, regarding
payment or collection of any such fees or financial obligations. City specifically does not
authorize, permit, or condone the reproduction or use of copyrighted materials by Artist without
the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER
AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION,
INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY
BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS
BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER
LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City expressly assumes no
obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive
obligation of Artist.
6.4 Survival
All indemnification provisions of this Agreement shall survive the termination or
expiration of this Agreement.
6.5 Release
Artist understands and acicnowledges that the Site upon which the Worlc will be installed
will be owned by the NTTA. The Artist hereby forever releases and discharges the City of and
from any and all claims, demands, debts, liens, costs, expenses, actions, and causes of action of
whatsoever nature, description or character, whether in tort or in contract, or by virtue of the
common law, statute, or regulation, lcnown or unlcnown, which may accrue on account of, arising
from or in any manner growing out of, relating to, resulting from, or in any way connected to any
damage or destruction of the Worlc by the NTTA or its employees, officers, directors, contractors,
or any other party acting on its behalf, including, but not limited to, any and all claims for
intellectual property damages, contractual damages, and any and a11 damages arising out of or
Agreement for Commission of Public Ai•twork 14 of 46
between the City of Fort Worth and Sato Sei•vice, LLC
resulting from any damage or destruction of the Work by the NTTA. This shall survive the
termination or expiration of this Agreement.
ARTICLE 7
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1. Title.
Title to the Worlc, including, but not limited to, all documents, models, and/or drawings that
constitute or are components of the Artwork Design and Worlc shall pass to City upon Final
Acceptance and payment for the Worlc. These documents, models, and/or drawings will be retained
for archival and exhibition purposes. Artist's Artworlc Design and Worlc and all other work products
under this Agreement shall become the property of City, without restriction on future use, except as
provided below.
7.2 Cop��ht Ownershi�
Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole
author of the Worlc for the duration of the copyright.
7.3 Reproduction Rights.
a. In view of the intention that the Artworlc Design and the Work be unique, Artist shall not
malce any additional exact duplicate reproductions of the Artworlc Design or the Worlc, nor
shall Artist grant permission to others to do so except with the express written permission of
City. However, nothing herein shall prevent Artist from creating future artworlcs in Artist's
manner and style of artistic expression.
b. By execution of this Agreement, Artist grants to City an exclusive, perpetual, royalty free,
and irrevocable license to graphically depict or publicly display the Artworlc Design and
Work, and any individual components of the Artworlc Design oz• 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, Artist agrees and understands that nothing
in this paragraph shali affect or limit City's absolute, unrestricted rights incidental to City's
full ownership of the Worlc to alter, change, modify, destroy, remove, move, replace,
operate, maintain, transport, sell or transfer, in whole or in part, the Work when City deems
Agreement for Commission of Public Artwork 15 of 46
between the City of Fo►•t Worth and Sato Service, LLC
it necessary within its discretion, in order to othet•wise exercise City's poweis and
responsibility in regard to public worlcs 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 forin: "�O date, Artist's name."
d. Unless notified otherwise by City, Artist shall use Artist's best efforts in any public showing
or resume use of reproductions to give acicnowledgment to City in substantially the
following fornl: "an original artwork commissioned by and in the public art collection of
the City of Fort Worth, Texas."
e. Artist may, at Artist's expense, cause to be registered with the United States Register of
Copyrights, a copyright in the Worlc in Artist's name.
£ City is not responsible for any third-party infringement of Artist's copyright and not
responsible for protecting the intellectual property rights of Artist.
ARTICLE 8
ARTIST'S RIGHTS
8.1. Identification.
Contract Manager shall include credit to Artist on the Fort Worth Public Art website
(www.fwpublicart.org) and facilitate the design, purchase and installation of a permanent plaque at
the site.
8.2. Maintenance.
City recognizes that maintenance of the Worlc, and each component piece, on a regular basis is
essential to the integrity of the Worlc. City shall reasonably assure that the Worlc, and each
component piece, is properly maintained and protected, talcing into account the maintenance
instructions provided by Artist in accordance with Section 2.5 and Exhibit "C."
8.3. Repairs and Restoration.
a. City shall have the right to detei•inine when and if repairs and restorations to the Worlc, and
each component piece, will be made. Dui•ing Artist's lifetime and to the extent practicable,
City shall give Artist the right to approve all major repairs and restorations; provided,
however, Artist shall not unreasonably withhold approval for any repair or restoration of the
Worlc, or any component piece. Should Artist unreasonably withhold approval of any
intended repair or restoration, City shall have the right to malce such repair or restoration.
Agreement for Comnlission of Public Artworlc 16 of 46
between the City of Fort Worth and Sato Service, LLC
To the extent practicable, Artist, during Artist's lifetime, shall be given the opportunity to
make or personally supervise major repairs and restorations and shall be paid a reasonable
fee for any such services, provided that City and Artist shall agree, in writing, prior to
commencement of any significant repairs and restorations, upon Artist's fee for such
services. Should Artist fail to agree to malce or supervise the repairs and restorations, City
shall have the right to choose another entity or person to assist with the restoration and/or
repairs or malce said repairs by City.
b. All repairs and restorations shall be made in accordance with recognized conservation
standards (in accordance with the American Institute of Conservation (AIC) Code of Ethics
and Guidelines for Practice) and/or construction standards, including, but not limited to, any
standards set forth by City.
c. City may require Artist to submit professional documents supporting Artist's proposal for
repairs and restorations prior to commencement of repairs or restorations.
d. When emergency repairs are necessary to prevent the loss of or further damage to the Worlc,
and/or each component piece, or to prevent risks to the public, such repairs shall be
undertalcen or arranged by City without advance notice to Artist, and such repairs shall not
be deemed to constitute artistic alteration.
8.4. Alteration of the Worlc or of the Site.
a. In the event that the Worlc, or a component piece, is incorporated into a building, structure or
realty, the installation of the Worlc may subject it to destruction, distortion, mutilation or
other modification by reason of its removal. If removal of the Work, or a component piece,
would damage either the Worlc or the Site, City shall have the right to remove the Worlc, or a
component piece, by any means, including destruction, in performing maintenance, repair,
renovation, or reconstruction of the building, structure or in devoting realty to a new use.
City may give Artist written notice of its intent to talce such action under this paragraph.
b. In the event that the Work, or a component piece, is freestanding, or incorporated into a
building, structure or realty such that it may be removed without damaging or destroying the
Worlc, or such component piece, or the building or structut•e, Artist may be given written
notice and ninety (90) days to remove the Worlc, or such component piece, at his or her sole
expense. Upon Artist's failure to remove the Worlc, or a component piece, City shall have
Agreement for Commission of Public Artwork 17 of 46
between the City of Fort Worth and Sato Service, LLC
the right to remove and dispose of the Worlc, or such component piece, by any means,
including its destruction.
c. City agrees that it will not willfully destroy, damage, or modify the worlc, except as provided
in paragt•aphs a. and b. above.
d. In the event the Worlc, or a component piece, is substantially damaged or altered, City shall
no longer represent the Worlc, or such component piece, as that of Artist if Artist gives
written notice to City that it is the position of Artist to deny authorship on the grounds stated
in this paragraph.
e. City shall, at all times, have the right to move the Work, or any component piece, or remove
it from public display. City shall also have the right to sell or trade the Worlc.
8.5. Permanent Record.
City shall maintain on permanent file a record of this Agreement and of the location and disposition
of the Worlc.
8.6. Artist's Address.
Artist shall notify City of changes in the address set forth in Article 15. The failure to do so, if such
failure prevents City fi•om locating Artist, shall be deemed a waiver by Artist of the right
subsequently to enforce these provisions of Article 8 that require the express approval of Artist.
Notwithstanding this provision, City shall inalce every reasonable effort to locate Artist when
matters arise relating to Artist's rights.
8.7. Additional Rights and Remedies.
Nothing contained in this Article 8 shall be construed as a limitation on such other rights and
remedies available to Artist under the law, which may now or in the future be applicable.
ARTICLE 9
ARTIST AS AN INDEPENDENT CONTRACTOR
Artist shall perform all worlc and services hereunder as an independent contt•actor, 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 worlc pei•formed her•eunder, 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 ofiicers, agents, employees and subcontractors, and doctrine of respondeat
superior has no application as between City and Artist.
Agreement for Commission of Public Artwoi•k 18 of 46
between the City of Fort Worth and Sato Service, LLC
ARTICLE 10
SUBCONTRACTING
Artist may subcontract portions of the services to be provided hereunder at Artist's expense,
provided that said subcontracting shall not adversely affect the design, appearance, or visual quality
of the Worlcs and shall be car•ried out under the personal supervision of Artist. Any subcontract
entered into under this Agreement shall be expressly subject to the applicable terms of this
Agr•eement, including, but not limited to, all indemnification and release provisions. Artist shall
provide information regarding a11 subcontractors, including its fabricator, along with a copy of the
subcontract between Artist and each subcontractor to the Contract Manager.
ARTICLE 11
TERMINATION
11.1. Gratuities.
City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts or
otherwise were offered or given by Artist or any agent or representative to any City or Contract
Manager ofiicial or employee with a view toward securing favorable treatment with respect to the
awarding, amending, or making of any determinations with respect to this performance of this
Agreement. In the event this Agreement is canceled by the City, pursuant to this Article 11.1, City
shall be entitled, in addition to any other rights and remedies, to recover fi•om Artist a sum equal in
amount to the cost incurred by Artist in providing such gratuities.
11.2. Death or Incapacity of Artist.
a. In the event of Artist's death or Artist becoming physically or legally incapacitated during
the term of this Agreement, City shall have the right to terminate this Agreement on
payment to Artist or Ai•tist's successors for all worlc and services performed prior to death or
incapacity. All worlc product produced by Artist, including, but not limited to, finished and
unfinished drawings, slcetches, photographs, models, and designs, up to the effective date of
termination shall become property of City.
b. In the event of termination under this Article 11.2, City shall have the right to complete the
Work, if feasible. Due regard shall be made for Artist's intended results and proper credit
and acicnowledgement shall be given to Artist. This provision shall survive the termination
or expiration of this Agreement.
11.3 Termination for Convenience.
Agreement for Commission of Public Artwork 19 of 46
between the City of Fort Worth and Sato Service, LLC
a. The services to be perfoi•med undet• 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 for services actually
rendered up to the effective date of termination, 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 a11 worlc product produced by Artist under this Agreement, including, but not
limited to, finished and unfinished drawings, slcetches, photographs, models, designs and the
Woric up to the effective date of termination.
c. If termination is for the convenience of Artist, City shall have the right, in its sole discretion,
to pay Artist for services actually rendered up to the effective date of termination or require
the Artist to remit to City a sum equal to all payments (if any) made to the Artist puisuant to
this Agreement prior to the effective date of termination. If City chooses to pay Artist for
services actually rendered, then all work product produced by Artist under this Agreement,
including, but not limited to, finished and uniinished drawings, slcetches, photographs,
models, designs, the Worlc up to the effective date of termination shall become property of
City.
11.4. Termination for Cause.
a. If either party to this Agreement shall fail to fulfill their obligations in accordance with the
terms of this Agreement, or otherwise violate any of the covenants, agreements, or
stipulations inaterial to this Agreement, then the Parties shall first attempt to resolve any
disputes arising from this Article 11.4 in accordance with the dispute resolution process set
forth in Article 12 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 Agreeinent under this Article 11.4 shall not relieve the party in default of any liability
for damages resulting from a breach or a violation of the terms of this Agreement.
b. If City terminates this Agt•eement pursuant to this Article 11.4, then City shall have the right
to complete the Woric in accordance with the Artworlc Design, which shall be in addition to
Agreement for Commission of Public Artwork 20 of 46
between the City of Fo►•t Woi•th and Sato Service, LLC
any and a11 other rights and remedies available to City at law or in equity. If City exercises
its right to complete the Worlc, then:
(1) title to the Artworlc Design, Worlc, and/or all other worlc product under this
Agreement and/or any prior agreement for the Worlc, including, but not limited to, all
documents, models, and/or drawings that constitute or are components of the
Artworlc Design and/or Worlc, shall pass to City and become the property of City,
without restriction on future use, immediately upon the City's exercise of its right to
complete the Worlc;
(2) Artist shall forfeit any and all rights to the Artwork Design, Worlc, and/oi all
other worlc product under this Agreement and/or any prior agreement (including the
Final Design Contract) for the Worlc, including, but not limited to, those stated under
Articles 7(Ownership and Intellectual Property) and 8(Artist's Rights) of this
Agreement;
(3) Artist automatically sells, assigns, and transfers to City, the entire right, title, and
interest in and to the Artworlc Design, Worlc, and/or ali other work product under this
Agreement or any prior agreement for the Worlc (including the Final Design
Contract) that the Artist has under the Copyright Act of 1976, 17 U.S.C. SS 101 et.
seq., and all the rights and privileges appertaining thereto, including, without
limitation, the exclusive right to reproduce, prepare derivative works based upon,
distribute copies to the public as well as display said Artworlc Design and/or Worlc,
the same to be held and employed by City for City's own benefit and use and for the
benefit and use of City's successors, assigns, and legal repr•esentatives forever;
(4) Artist shall have no copyright or other property interest in the Artworlc Design,
Worlc, and/or any other worlc product under this Agreement and/or any prior
agreement for the Worlc; and
(5) Artist, pursuant to this Article 11.4, hereby acicnowledges the rights of attribution
and integrity confer•red by Section 106A(a) of Title 17 of the U.S. Code, (as amended
or as it may be amended in the future) Titled "Visual Artists Rights Act," and any
other right of the same nature granted by U.S. federal, state, or foreign laws, and of
his/her own free act hereby waives such rights with respect to any and all uses of the
Artworlc Design, Worlc, and/or all other worlc product under this Agreement and/or
Agreement for Commission of Public Artwork 21 of 46
between the City of Fo��t Wortll and Sato Service, LLC
any prior agreeinent as a public artworlc. Nothing in this Article 11.4 shall affect the
survival of Articles 5(Warranties), 6(Insurance and Indeinnity), and 9(Artist as an
Independent Contractor) of this Agreement, which shall remain in full force and
effect upon termination of this Agreement.
11.5. A�reement between the City and NTTA.
This Agreement is contingent upon the execution of an agreement between the City and NTTA
granting the City a property interest (e.g., easement) for the Site upon which the Worlc will be
located. If City fails to obtain such agreement, then the City may terminate this Agreement for its
convenience.
ARTICLE 12
DISPUTE RESOLUTION
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 par�ty in writing as soon as practicable after discovering the claim, dispute, or breach. The
notice shall state the nature of the dispute and list the pai�ty's specific reasons for such dispute. Within
ten (10) business days of receipt of the notice, both parties shall malce 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.
If the Pai�ties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of
the notice of the dispute, then the 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 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 agreeinent
reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction.
Ag��eement for Commission of Public Artwork 22 of 46
between the City of Fort Woi•th and Sato Service, LLC
No provision of this agreement shall waive any immunity or defense. No provision of this Agreement
constitutes consent to sue. If the Pai�ties 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 11.4)
ARTICLE 13
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 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 14
MISCELLANEOUS
14.1. Com lip ance•
Artist shall comply with all Federal, State and City statutes, ordinances and regulations applicable
to the performance of Artist services under this Agreement.
14.2. 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.
14.3. 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.
14.4. 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
Agreement for Commission of Public A�•twork 23 of 46
between the City of Fort Wo►•th and Sato Service, LLC
acceptance of fees for any period after a default shall not be deemed a waiver of any right or
acceptance of defective performance.
14.5. 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
Agt•eement, 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.
14.6. Successors and Assigns.
Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent
of the other party, and any attempted assignment, sublease or transfer of all or any part her•eof
without such prior written consent shall be void. This Agreement shall be binding upon and shall
inure to the beneiit of City and Artist and its respective successors and permitted assigns.
14.7. No Third-Partv Beneficiaries.
The provisions and conditions of this Agreeinent are solely for the benefit of City and Artist, and
any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to
any other person or entity.
14.8 Severabilitv.
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.
14.9. Contract Construction.
The Parties acicnowledge that each party and, if it so chooses, its counsel have reviewed and revised
this Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party must not be employed in the interpretation of this Agreement or
any amendments or exhibits hereto.
14.10. Fiscal Funding Qut•
If, for any reason, at any time during any terin of this Agreement, the For•t Worth City Council fails
to appropriate funds sufiicient for City to fuliill its obligations under this Agreement, City may
terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by
City to Artist of written notice of City's intention to terminate or• (ii) the last date for which funding
has been appropriated by the Fort Worth City Council for the purposes set foz•th in this Agreement.
14.11. Captions.
Agt•eement for Commission of Public Ai•twork 24 of 46
between the City of Fort Worth and Sato Seivice, LLC
Captions and headings used in this Agreement are for reference purposes only and shail not be
deemed a part of this Agreement.
14.12. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
14.13. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or legal
incapacity of Artist.
14.14. Right to Audit.
Artist agrees that City will have the right to audit the financial and business records of Artist that
relate to the Conceptual Design (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, Artist shall malce all
Records available to City on 1000 Throckmorton Street, Fort Woith, Texas or at another location in
City acceptable to both parties following reasonable advance notice by City and shall otherwise
cooperate fully with City during any audit. Notwithstanding anything to the contrary herein, this
Article 14.14 shall survive expiration or earlier termination of this Agreement.
14.15. Certified MBE/WBE
If applicable, Artist is encouraged to malce 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.
14.16 Survival Provision
The provisions contained in Articles 5(Warranties), 6(Indemnity Provisions), and 9(Artist as
Independent Contractor) shall survive the termination or expiration of this Agreement.
14.17 Public Information Act
Artist understands and acknowledges that City is a public entity under the laws of the State of Texas
and, as such, all documents held by City are subject to disclosure under Chapter 552 of the Texas
Government Code. Artist shall clearly indicate to City what information it deems proprietary. If
City is required to disclose any documents that may reveal any of Artist's Proprietary Information
to third parties under the Texas Government Code, or by any other legal process, law, rule, or
judicial order by a court of competent jurisdiction, City will notify Artist prior to disclosure of such
documents, and give Artist the opportunity to submit reasons for objections to disclosure. City
Agreement for Commission of Public A►•twork 25 of 46
between the City of Fort Worth and Sato Service, LLC
agrees to restrict access to Artist's information to those persons within its organization who have a
need to lcnow for purposes of management of this Agreement. City agrees to inform its employees
of the obligations under this paragraph and to enforce rules and procedlues that will prevent any un-
authorized disclosure or transfer of information. City will use its best efforts to secure and protect
Artist's information in the same maimer and to the same degree it protects its own proprietary
information; however, City does not guarantee that any information deemed proprietary by Artist
will be protected from public disclosure if release is required by law. The foregoing obligation
regarding confidentiality shall remain in effect for a period of three (3) years after the expiration of
this Agreement.
14.18 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 instruinent. A signature received via
facsimile or electronically via email shall be as legally binding for all puiposes as an original
signature.
14.19. Time Extensions
The Parties may agree, in writing, to extend or inodify any of the time deadlines set forth in this
Agreement.
ARTICLE 15
NOTICES
All notices, requests, delnands, 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 Ofiice
City of Fort Worth
1000 Throcicmorton Street, Third Floor
Fort Worth, Texas 76102
Copies to: City Attorney
Office of the City Attor•ney
City of Fort Worth
1000 Throcicmorton Street, Third Floor
Agreement for Commission of Public Artwork 26 of 46
between the City of Fort Worth and Sato Service, LLC
Fort Worth, Texas 76102
2. ARTIST
Martha Peters, Vice President - Public Art
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
Sato Service, LLC
1045 NE 88th Street
Seattle, WA 98115
IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
CITY OF FORT WORTH
by:
Fernan o Costa ? �l�
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
�_
G��'��
Tyler F. ach
,�.�.ap'�
Assistant City Attorney ,,,,-p.� ��
ATTESTED BY: ,-�
Mat•y J. I�a�
City Secretary
Contract Authorization:
M&C # G26287
DATE: June 4. 2013
Agreement foi• Commission of Public Artwor]<
between the City of Fort Wortl� and Sato Seivice, LLC
SATO SERVICE, LLC
by:
°o "'#
o° +�"
�
�I
�
Norie Sato
Manager / Member
�FFICIAL 6dEC0i8��
CIY'� SECRETA�3l(
�"i'. MlOiiiH, T�
27 of 46
Fort Worth, Texas 76102
2. ARTIST
Martha Peters, Vice President - Public Art
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
Sato Service, LLC
1045 NE 88th Street
Seattle, WA 98115
IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the Effective Date.
CITY OF FORT WORTH
by:
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. Wallach
Assistant City Attorney
ATTESTED BY:
Maiy J. Kayser
City Secretary
Contract Authorization:
M&C # C-2628
DATE: June 4, 2013
SATO SERVICE, LLC
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Agreement for Commission of Public Artwoi•k 27 of 46
between the City of Fort Worth and Sato Service, LLC
Elchibit A: Artwm•k Design — Bridge Monwnents
Agreement for Commission of Pu61ic Artwork
between the City ofFort Wo�th and Saro Service, LLC
Agreement for Commission of PuUlic Artwork 28 of 46
between the City of Foct Worth and Sato Service, LLC
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Agreement for Commission of Public Artwork 29 of 46
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Agreement for Commission of Public Attwork
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Agreement foc Commission of Public Artwock 30 of 46
between the City of Fort Worth and Sato Service, LLC
Agreement for Commission of Public Artwork
between the City of Fort Worth and Sato Service, LLC
Agreement for Commission of Public Artwork 31 of 46
between the City of Foct Worth and Sato Service, LLC
�aliibit A: Artwork Design — W�ter Cross'vig Markei•s
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Agreement far Commission of Public Arlwork
between the City of Fort Worth and Sato Service, LLC
Agreement for Commission of Public Artworl< 32 of 46
between the City of Foct Worth and Sato Service, LLC
Agreement for Commission of Public Arlwork
between the City of Fort Worth and Sato Sen�ice, LLC
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Agreement for Commission of Public Artwork
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Agreement for Commission of Public Artwoi•k 34 of 46
between the City of Foi•t Worth and Sato Service, LLC
Agreement for Commission of Public Arhvork
between the City of Fort l\�orth and Sato Sen�ice, LLC
Agceement for Commission of Public Artwork 35 of 46
between the City of Fort Worth and Sato Service, LLC
Agreement for Commission of Public Artwark
between the City of Fort Worth and Sato Sen�ice, LLC
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Agreement for Commission of Public Ai•twock 36 of46
between the City of Fort Worth and Sato Sei•vice, LLC
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Agreement for Commission of Public Artwork
behveen the City of Fort Worth and Sato Service, LLC
Agceement for Co►nmission of Public Artwork 37 of 46
between the City of Fort Worth and Sato Service, LLC
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III CITY PUBLIC ART COMPONENT
iii�; VVhi;prnii LOCATION MAP
i.li �ufu�vr
Agreement for Conunission of PuUlic Artwork
Uehveen tite City of Fort Worth and Sato Service, LLC
Agreement for Commission of PuUlic Actwoi•k 38 of 46
between the City of Fort Worth and Sato Service, LLC
Exlubit C: Tecluucal and M�nrtenance RecoiYl
G�N�RAL INTORMATION
Artist:
Address:
Teleplione:
Cell:
E-mail:
Gallery �liation:
Other Representation:
ART W ORK
Title of ��twork:
Project Name a�id Location Address:
FWPA Project Ivlanager:
Description of Artwork: (attacl� separately if necessaiy):
Arhvork Dimensions:
Height: Width: Depth:
Pedestal or Pad Material:
Pedestal or Pad D'vnensions:
Height: Widtl�: Depth:
Location & Description of Signature Markings (or copyriglit):
Agreement for Connnission of Public Artwork
between the City of Fort Worth and Sato Sen�ice, LLC
Agreement for Commission of Public Artwork 39 of 46
between the City of Foct Worth and Sato Service, LLC
Edition Infonnation if �►pplicable:
Date of Execution:
Place of EYecution:
Collaborating Artist:
Fabricator (if other than a►-tist)
F1Uricator Address:
Methoels/Materials Useci ui �xecution of Arhvorlc
Materials (list type, brand name aud manufachu•er of all materials; attach Material Safety &
Technicll D�t1. Include cont�ct names for all suppliers and attach wa►Y�anty vifomiation):
Consttuction Description: (list all fabricltors and any arcllitects, engineers or other techivcivis
involved in tl�e creation and installation ofthis artwork. Attach all wan•anties & lgreements)
Material(s) Specifications:
Joining Methods:
Welding Rod Alloy or Jou1t Mnterial & Application Method:
Agreement for Commission o£Public Artwork
between the City of Fort Worth and Sato Service, LLC
Agreement for Commission of Public Actwork 40 of 46
between the City of Foi•t Worth and Sato Se►•vice, LLC
Casting Alloy, Wax Body, Glass or Fiber Type:
Finishes & Coatings (paint color aud type, g11ze, patina, �iy avd all coatuigs including fixative,
UV, graffiti, etc. Please list vendors and contact infor�uation and p►•ovide all produet inl'omiation):
Pedestals, Foundations & Footings, Mounting and Attachment Applications
(List all �naterials used to install artwork on site. Inch�de vendor infonnation, parts nunibers,
wairanties and agreements.)
Integrateci Components
(List all components included in design and fabrication contracts that fimction as a paz•t of the final
iustallation uicluding but not limited to: ligtiting, media, landscapiug, eta I�iclude all vendor
info�mation, parts numUets, wan•auties and agreements aud any/all design schematics):
Installation
Installation Date:
Installation Method: (describe installation method, provide photo documentation if available. List
nvne and coutact iufonnation of installation crew. Attach any diagi<�uns or disassembly
iustiuctions.)
Agreement for Conunission of Public Artwork
behveen the City of Fort Worth and Sato Sen�ice, LLC
Agreement fo�• Commission of Public Artwork 41 of 46
between the City of Fort Worth and Sato Service, LLC
Recommended Routuie Ma'vitenvice
Artist recoirunendation Uased on experieuce and cousultatiou with couservation expert
Artist's Conservfltion Consultsmt
Name:
Address:
Phone:
(Plense lttach Conseivator's Long Terni Maiutenance Recommendations)
Unnsual or Special Cu•ciunstances of Note
Artist's Intention
(Please describe your view of how tlie lriwork will change over time v�d in respovse to
eirvirotunental conditions. Artist's vision of how the artwork will look in the future assists FWPA
ui realizing an appropriate conseivation action plan. In addition to enviroinnzntal conditioiis public
1►-tworks are often 1f�'ected by public handling, landscaping and site changes. Please clearl,y detail
your expectatious for this ai4work. Please address issues related to the life espectancy of ttus
artwork. )
Agreement for Commission oFPublic Artwork
between the City of Fort Worth and Sato Service, LLC
Agceement foi• Commission of Public Artworl< 42 of 46
between the City of Foct Worth and Sato Service, LLC
Exhibit D: Afficls►�Rt
ArFIDAVIT Or 13ILLS PAID
Date:
Affiant:
Purchaser:
Property:
�atrt on oath sweais that the following statement is tilte:
�aut has paid each of �ant's contractors, laborers, and materialuien in fiill for all labor and
m�►terials provided to �ant for the constiliction of any and all imp�•ovements on the property.
�ant is not indebted to auy persou, finn, or coiporation Uy reasou of any such construction.
There are no claims pend'uig for personal iiijury aud/or property da�nages.
�ant:
SUBSCRIBED AND SWORN TO before me, the uudersigned authority, on this the
Day of , 20_.
Notary PuUlic, State of Texas
Print Name
Commission Expires
Agreement for Commission of Public Artwork
between the City of Fort Worth and Sato Sen�ice, LLC
Agreement for Commission of Public Artwork 43 of �6
between the City of ForY Worth and Sato Service, LLC
Exhibit E: S:iles T:vt Exeanption
�rrs:�s cL�rr�F�c:•,a rr•_ or �:xE:�ir r�o:v
f daim un ctcmption liuw pa}meeu ui xiles ancl usi• �u�r; fin ihe purch:�ie �.�f tn�able iti•nts de,eribcJ
bclu�r ar an thc ulluchcd nrdc� or im�nicc
C>cscnptfon ni Itctns (or mt allaehc�l arJcr nr Im uicc) To Lic Nurdujsed:
I clnim dtis os �upiinu ��rr shr: Rdlmving rracon:
Nwne nf �scmp� Urgeniza�ion: CI'!'1' QF TORT �Ve»rrti, �rt?XA5
'1'F.�AS 5ALC5 ANU USF.'1'Aa PCRt1�ll'T NUt1�i(!ER I-?5-GOp052R-6
Prolecl fi,r �ehicf��. m;ilcnnls nnd supplies ure purchneid:
I uude�tmid t}�ul I�eill Lx� liabl.. iirr �>uymeN of snics ttie. �slilch mu.� 6annnu dur for failure co cumpiy
w{th thc piovisi�m, uf thc slata city, and,'ur metrary. �iilnn irauslt a���iturity sulcs uud usc I,�t I:ncs nnd
compVoller n�[ ��.; �c,p;�rding rxempt pureh:uc,. I.iabilil�' fnr Ihe tas �cil) be detemiincd hy the prica puid
for the tuxablc itrms pi�rchuscvl or the fnir n�urket ren�al vnlur. ti,t dic periiwl ol iimc u;rd,
1 undrrvlimd ibvl it is a ntisde�ueuuur to gi��e un excmp�ioii cu�tilici�te tu the scilrr fi�r lusnblc itrut5 a�hicli
I kuew. ut ihe �ime ut'die uurrhu_<a, u�ill he uYce3 in a manner� otl�er iMun ihrA axpensed iu tLis cez�ilicsur
�md, opoa� cum�ictiun, may bc tincd up tu $>0!1 per uiler,sc.
Tux Gxr,nP�_titntu. Uue �a (3cine u G�,�i�crnmc;5tal Euti�c
1'urchusrr: CI'I'1' OF fORT {\'ORT'li,'I EX:�S
5ircat Addreas. IIIIIU'('HROCK\10RTON 1'fREE'I'
C'ity. titate.'Lip Ccuie: POH'f \\ OICfH.'1'�X:�S 76102
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Sign Hcre' ��� � �' '� D:tld: lunc I I. _'QQq Plionc: 81 �-39?.yj� 7
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i� � �I.a.i�� ,V�.r...Y. il ��. �.�. . .. ...__ ..... ........
�f7iivi cenili¢a�c docs ii��t rcyuirc u nwnl�rr io i�c rolid. Soic; a�ul uar iut -•cciun��tinn �uaubcrs" or ..r.ix
c�cmpP' nwiibei� dn no� r_�ist
This ��c��,ticntc �huidd bn !'urnivhrJ ta thc suppli.^r. Du uut .end �fic <umpictcd cntiticulc tu �h�•
C�iauptrullt: uf 1'uhlic Acrotlntti.
Agreement for Commission of Pu61ic tLttvork
6etween the City of Fort Worth and Sato Service, LLC
Agceement for Comulission of Public Artwork 44 of 46
between the City of Foct Wocth and Sato Secvice, LLC
Exhibit F: Insurance Requirements
PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS
A►•tist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication,
transportation, and/o►• installation of the Work, then Artist shall also cequire his/her subcontractor(s) to abide
by all of the following iilsucance requicements.
Commercial General Liability (CGL)
$1,000,000 Each occurrence
$2,000,000 Aggcegate limit
Coverage shall include, but not be limited to, the following: premises, operations, independent contractors,
products/completed operations, peisonal injury, and contractual liability. Insurance shall be provided on an
occurrence basis, and be as comprehensive as the cucrent Insurance Services Office (ISO) policy. The policy
shall name City as an additional insured.
Baitee's/Property (if applicable)
The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest
appraised value of the Actwork, which is entrusted to the Artist and is considered to be in the ArtisYs care,
custody, and control and shall include property "in tcansit."
Automobile Liability
$1,000,000 Each accident
or
$250,000 Bodily Injuiy per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and
non-owned.
For Artist and/or A��tist's Subcontractors who have employees: Worlcecs' Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Bodily Injury/Disease - policy limit
Workers' Compensation coverage shall pcovide limits consistent with statutory beiiefits oLitlined in the Texas
workecs' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.).
GENERAL POLICY REQUIREMENTS
Agreement for Commission of Public Artwork 45 of 46
between the City of Fort Wocth and Sato Service, LLC
The certificate of insurance shall include an endorsemeiit naming the City of Fort Worth, its' Officers,
Employees and Volunteeis as an "Additional Insured" on all liability policies. Exception... the additional
insured requirement does not apply to Workers' Compensation or Automobile policies.
Actist is responsible for providing the Ciry a thii•ty day (30) notice of cancellation oi• non-renewal of any
ins�u�ance policy and may not change the terms and conditions of any policy that would limit the scope oc
covecage, or otherwise alter or disallow covecage as required herein.
Waiver of rights of recovery (subrogation) in favor of City of Foct Worth.
The insurers for all policies must be Iicensed/approved to do busiuess in tlle State of Texas. If the
subcontcactor is an intenational entity and carries insurance through an international insurance company, then
the subcontractor must obtain language on their certificate of insLu�ance confrining that its insurance policy
extends coverage to operations in the United States. All insurers must have a minimum rating of A- VII in
the current A. M. Best ICey Rating Guide or have reasonably equivalent �nancial strength and solvency to
the satisfaction of Rislc Management. If the r•ating is below that required, written approval of Rislc
Management is requiced.
If iusurance policies ace not wcitten for specified covecage Iimits, an Umbrella or Excess Liability insucance
for any diffeT•ences is required. EYcess Liability shall follow focm of the pi•imacy coverage.
"Unless otherwise stated, all reqiiired insucance shall be written on an "occurrence basis."
The deductible or self-insured retention (SIR) affecting requiced insurance coverage shall be acceptable to
and approved in writing by the Risk Managei• of City of Foi•t Worth in regai•ds to asset value and
stocldloldecs' equity. In lieu of traditional insucance, alternative coverage maintained througll insurance
pools or risk retention groups, must also approved by City's Risk Manager.
City, at its sole disccetion, reserves the right to ceview the insurance requirements and to make reasonable
adjustments to insurance coverages and theic limits when deemed necessary and prudent by City based upon
chaiiges in statutory law, couct decision or the claims history of the industry as well as of the contracting
party to City of Fort Wocth. City shall be required to provide prioc notice of ninety days.
City shall be entitled, upon request and without expense, to receive copies of policies and endorsements
thereto and may make any reasonable requests foc deletion oc cevision or modifications of particular policy
terms, conditions, limitations, or exclusions except where policy pcovisions ace established by law or
cegulations binding upon either of pacty oc the ttuderwciter on any such policies.
Agreement for Commission of Public ActwoT•k 46 of 46
between the City of Fort Worth and Sato Se►vice, LLC
M&C Review
Page 1 of 3
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA F�R���,� ��
COUNCIL ACTION: Approved on 6/4/2013
REFERENCE ** 20SERIES OF ARTWORKS
DATE: 6/4/2013 N� : C-26287 LOG NAME: ALONG CHISHOLM TRAIL
PARKWAY
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Artwork Commission Agreement with Sato Service, LLC, in the
Amount Up to $907,178.00 for Fabrication, Delivery, and Installation of a Series of Public
Artworks to be Installed at Various Locations Along the Chisholm Trail Parkway, State
Highway 121T from Interstate 30 to Farm-to-Market Road 1187 (COUNCIL DISTRICTS
3, 6 and 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Artwork Commission
Agreement with Sato Service, LLC, in the amount up to $907,178.00 for fabrication, delivery, and
installation of a series of public artworks to be installed at various locations along the Chisholm Trail
Parkway, State Highway 121T from Interstate 30 to Farm-to-Market Road 1187.
DISCUSSION:
Under the Artwork Commission Agreement (Agreement), artist Norie Sato (Sato) will fabricate,
deliver, and install a series of public artworks that will enhance the visual quality of the Chisholm Trail
Parkway, State Highway 121T (Parkway), for motorists and pedestrians by celebrating the natural
environment through which the Parkway traverses. The public artwork will include the following:
Eighteen glass and stone mosaic murals titled Trinity Water Fowl integrated into six rectilinear
brick monuments on the new bridge over the Clear Fork of the Trinity River near I-30 and
University Drive; and
Ten glass and stone mosaic-clad concrete columnar sculptures titled Trinity Watershed Crossing
Markers featuring wildlife of the Trinity River watershed environment and marking points at which
tributaries cross under the eight-mile Parkway extending from I-30 to FM 1187.
The designs are inspired by wildlife images by Fort Worth area photographers who responded to an
open call and who have given Sato written permission to use their images for this purpose. These
are combined with abstractions of the Trinity River's meanderings (bridge monuments) and the
Parkway's alignment (watershed crossing markers) and a You Are Here indicator in gold leaf
tile. Under Sato's direction, master mosaic artisans will interpret her designs using handmade glass
with integral color and natural stone for long-term durability and ease of maintenance.
The dimensions of the 18 bridge monument murals are as follows: 12 at eight feet by five feet six
inches and six at 10 feet by one foot six inches pius vertical side panels and a decorative border
around the top. The concrete columnar watershed crossing markers will stand approximately 18 feet
in height by two feet in diameter with 13 feet in height clad in mosaic. Atop each marker will be a
unique metal sculptural cap that references ways in which humans use water. Most will be located in
the median of the Parkway so that they are visible to northbound and southbound motorists.
The cost of the project includes a base budget in the amount of $848,293.74 and a contingency fund
in the amount of $58,884.10 for costs that may be incurred by Sato due to unforeseen changes in
scope, material, fabrication, delivery, or installation costs. Funding for this project was included in the
Public Art Plan for the 2004 Capital Improvement Program, adopted by the Fort Worth City Council
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1�/1&C Review
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on May 17, 2005 (M&C G-14801) and the Public Art Plan for the 2007 Critical Capitai Needs
Program, adopted by the Fort Worth City Council on October 26, 2010 (M&C G-17095). This project
was included in the Fiscal Year 2013 Annual Work Plan and Budget, approved by the Fort Worth City
Council on October 16, 2012 (M&C C-25920) as part of the City's Agreement with the Arts Council of
Fort Worth and Tarrant County for administration of the public art program.
BACKGROUND
In Spring 2005, the SH-121T Citizen Advisory Group's (CAG) Art Committee selected artist Sato to
develop a Corridor Art Plan for inclusion in the Southwest Parkway (SH-121 T) Corridor Master Plan —
a collaborative effort of the City of Fort Worth, the North Texas Tollway Authority (NTTA) and the
Texas Department of Transportation (TxDOT) - which was underway. Due to Sato's schedule
constraints, alternate artist �orna Jordan was invited to develop the Corridor Art Plan. On October
25, 2005, City Council adopted the Southwest Parkway (SH-121 T) Corridor Master Plan to establish
aesthetic design for the Parkway in order to harmonize it with the urban and natural conditions of the
corridor. The CorridorArt Plan by artist Lorna Jordan, which was included in the Corridor Master
Plan, identified public art opportunities and recommended that artists consider the Parkway's place
within the Trinity River Watershed in order to provide viewers with meaningful aesthetic and
perceptual experiences.
In Early 2006, after adoption of the Corridor Master Plan, the City engaged both Lorna Jordan and
Norie Sato to develop conceptual design proposals for various sites along the Parkway (Jordan: City
Secretary Contract No. 34032, authorized by M&C C-21230; Sato: City Secretary Contract No.
33443, authorized by M&C C-21231, amended by City Secretary Contract No. 34357, authorized by
M&C C-21628, and further amended by City Secretary Contract No. 33433-A2). The artists'
conceptual design proposals were vetted by the project partners and the Citizen Advisory Group's Art
Committee, who recommended to the Fort Worth Art Commission that Norie Sato's concepts for the
bridge monuments and water crossing markers be further developed. Throughout the conceptual
design process, Sato coordinated closely with HOK Architects, Gideon Toal (Bridge Monuments),
Kimley-Horn and the NTTA to ensure the feasibility of her concepts.
On July 9, 2012, the Citizen Advisory Group's (CAG) Art Committee and the Fort Worth Art
Commission (FWAC) endorsed Sato's preliminary design concepts, and the FWAC recommended
that Sato proceed into the final design phase of the project. On February 1, 2013, the City entered
into a final design Agreement with Sato Service, �LC (CSC No. 44143, authorized by M&C C-26045).
On April 15, 2013, the CAG Art Committee endorsed and the Fort Worth Art Commission approved
Norie Sato's final designs for the project.
This is a regional project, specifically located in COUNCIL DISTRICTS 3, 6, and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the SH-121T Southwest Parkway Fund, Street Improvements Fund, and
the 2007 Critical Capital Projects Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
C221 541200 203980000580 $328,200.00
C200 541200 203980000580 $368,080.00
C295 541200 203980000580 $210,898.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Martha Peters (298-3025)
http://www.foi�twoi�thgov.org/council�acket/mc_review.asp?ID=18403 &councildate=6/4/2... 7/1 /2013