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Contract 57856
CITY SECRETARY p C'OMITIRACT NO. l AGREEMENT BETWEEN THE CITY OF FORT WORTH JUL O RE CD 15122 AND ALICIA EGGERT STUDIO,INC. FOR FINAL DESIGN FOR MARINE CREEK PARKWAY PUBLIC ART PROJECT This Agreement, entered into this IV' day of J.Lkk N , 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 Alicia Eggert Studio,Inc.,a corporation located at 6313 Lyons Road, Garland, Texas 75043. The 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 design work of artists into the development of the City's capital infrastructure improvements and to promote tourism and economic vitality in the City through the artistic design of public spaces; WHEREAS, City completed improvements along Old Decatur Road, stretching from Longhorn 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. The City Manager's Office has approved moving the public art project to two new roundabouts along Marine Creek Parkway at the intersections of Longhorn Road and Cromwell-Marine Creek Road due to their close 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 project has been renamed as 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 Curator to develop a Curatorial Proposal for the Site (Fort Worth City Secretary Contract No. 56048) in which they worked with Project Artists; 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,the FWAC approved the Selection Panel's recommendation of Curatorial Consultant and Project Artists as the alternate team for the Project; OFFICIAL RECORD Agreement Between the City of Fort Worth and CITY SECRETARY Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway FT WOE*;ft WHEREAS,the original selected team gave notice of their decision to leave the Project on April 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, as one of Project Artists, Artist will be responsible for developing a Final Design for Site B.Artist acknowledges that the Final Design shall be closely coordinated with Curatorial Consultant and Project Artists; and WHEREAS,City and Artist wish to set out the terms and conditions under which said Work shall be designed to promote the integrity of Artist Team's ideas and statements as represented by the Work. NOW, THEREFORE, City and Mentee Artist for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement,the following terms shall have the meanings as set forth below: 1.1. Agreement—Means and includes this agreement between the City and Artist for Project. 1.2. Artist—Means and includes Alicia Eggert Studio, Inc. 1.3. 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: 1.3.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. 1.3.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. 1.4. 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. 1.6. City—Means and includes the City of Fort Worth. 1.7. Effective Date — Means and includes the date represented in the first paragraph of this Agreement. 1.8. Final Design Deliverables—Means and includes those items set forth in Article 2.4 of this Agreement that are required for City's review and approval. Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 2 of 29 1.9. Parties—Means and includes City and Artist. 1.10. Project—Means and includes the capital improvement or public art development undertaking of City for which Artist'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. 1.11. Project Artists—Means and includes Alicia Eggert Studio, Inc. (see Section 1.2,Artist) and Leticia R. Bajuyo. For purposes of this Agreement, any terms referencing Project Artists is understood to include Artist. 1.12. Project Core Team—Means and includes the group of community members, generally 5-7 individuals, who are invited by the City Council Member to provide input on the Project for its duration, in accordance with the Fort Worth Public Art Master Plan Update, page 23. 1.13. Project Stakeholders — Means and includes the appropriate City Council Member(s), the Universal Playground Project Core Team, the Artist Selection Panel, the FWAC's appointed representative, City staff, and others as may be appropriate. 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 finished objects of art and design that are the subject of this Agreement, or any intermediary stage of completion of such work for Site B. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Selection. City and Artist acknowledge that on May 16, 2022, the F WAC voted unanimously in recommendation that Curatorial Consultant and Project Artists associated with Curatorial Proposal be retained to develop a Final Design for public artwork to be incorporated into the Site. 2.2. Scope of Services. a. Project Artists and Curatorial Consultant shall coordinate on Final Design for overall Project. b. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing a Final Design of the Work and for providing the Final Design Deliverables for Site B. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. C. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work,subject to review and input from Project Stakeholders and approval by City as set forth in this Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 3 of 29 Agreement.City may request changes to the Artwork Design from time to time under this Agreement, and Artist will accommodate City's requests. d. Artist acknowledges Curatorial Consultant will complete an overall Project budget for implementation of the Work,with Project Artists' input.Budget shall not exceed$457,082.00 reflecting total costs and inclusive of remaining Project Artists' fee of$28,520.00 (of which Artist shall receive $14,260.00), a contingency of$38,840.00, and any travel, materials, labor, fabrication, transportation, construction, insurance(City requirements attached hereto as Exhibit"B"), installation, and all associated costs for the Work under this Agreement. A budget form is included as reference, attached hereto as Exhibit "F.55 e. Project Artists shall visit the Site prior to beginning Final Design at a mutually agreed upon date and time with Curatorial Consultant. f. Project Artists shall meet with Project Core Team and other Project Stakeholders at a mutually agreed upon date and time with Curatorial Consultant prior to completing Final Design. g. Prior to structural engineering of the Artwork Design, Curatorial Consultant shall work with a subsurface utility engineer to complete a survey of utilities underground for Site. Artist shall provide data and drawings to structural engineer for Site B. h. Artist shall require chosen structural engineer to attend pre-development meetings with City department(s)as needed. i. The location at Site B on which the Work shall be installed shall be mutually agreed upon by City. j. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and permitting. k. Artist shall meet and coordinate with City staff, and others, as necessary, to integrate the Work into the Site in terms of structural support, City installation method requirements, or other infrastructure needs to support the Work. 1. 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. M. Artist shall submit materials to Curatorial Consultant for completion of budget, statement, and Final Design presentation. n. Six (6) weeks before anticipated Final Design presentation, Artist shall submit draft Final Design Deliverables for internal review by Contract Manager and City staff. o. Project Artists and Curatorial Consultant shall present the Final Design to the FWAC for joint review with the Project Core Team,other Project Stakeholders,the appropriate City staff,and for the FWAC's Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 4 of 29 approval at a regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Final Design shall subsequently be shared with City boards or commissions, as appropriate. P. Artist shall allow video recording and photography of their participation during activities related to this project such as presentations and meetings. q. In order to maintain the integrity of the City of Fort Worth's public art process,for the duration of the Agreement, if Artist intends to seek his/her own publicity for the Work, including publication of the artwork design on Artist's website or social media, such efforts will occur after Preliminary Design has been approved by the FW AC. Any potential publicity being sought for the Work, including press/media release(s), must be approved, in advance, by Contract Manager, and shall credit the City of Fort Worth substantially in the following form, "an original artwork commissioned by and in the public art collection of the City of Fort Worth, Texas." A-social media plan must be approved, in advance,by Contract Manager, and shall include the hashtag#fwpublicart. 2.3. Cif 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 I of the Site,if available. 2.4. Final Design Deliverables. a. Within four (4) months after the execution of this Agreement, Artist shall provide services and all supplies,materials,and equipment necessary to provide certain deliverables for Final Design for Site B,as set forth in this Article 2.4 to City for approval. Final Design Deliverables shall consist of the following: (1) A final written narrative of the Work, describing the following: (1) the design concept; (2) proposed materials,fabrication,and installation methods for all elements of the Work,including information regarding Artist's subcontractor(s), if any, for the Work; (3) maintenance requirements for all elements of the Work as dictated by Artist, along with cost estimates for annual maintenance; (2) Detailed,design illustrations of the Work for Site B,in a high-resolution digital format,such as JPEG or TIF files, showing the proposed Work from multiple vantage points with at least one illustration showing the Work's size and placement in relation to Site B. Images shall include: a. Two (2) or more renderings of Final Design, supplied as both high and low-resolution digital files. b. Installation diagram(s)showing Final Design's relationship to Site B,including proposed installation method(s), and location(s)for lighting, if any; (3) A detailed final budget.on the budget form attached hereto as Exhibit"D,"for implementation Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 5 of 29 of the Work reflecting total costs inclusive of remaining artist's fee of$14,260.00, materials, labor, fabrication, travel, transportation. construction, insurance (City requirements attached hereto as Exhibit"E"),footings,installation, all associated costs for the Work. (4) Comprehensive working drawings, detailing the means of installing all elements of the Work on the Site,together with other such graphic material to permit City to carry out structural design review. Professional Liability Insurance is required in all circumstances for on-site artwork requiring engineering and/or architectural services. City will conduct a review of structural design and other related graphic material prior to installation of the Work.Upon City's request, drawings must be signed and stamped by an engineer and/or architect licensed to work in the State of Texas. Artist 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. (5) Artist shall share materials associated with Final Design with Curatorial Consultant for budgeting purposes and incorporation into overall Final Design presentation. b. Final Design Deliverables shall be concurrently submitted by Artist to the Curatorial Consultant and Contract Manager three(3)weeks prior to the scheduled Final Design presentation for staff review. C. All Final Design Deliverables submitted by Artist shall become part of the City of Fort Worth Public Art archive owned by City.All documents,models, and/or drawings will be retained for archival and exhibition purposes. 2.5. Final Design Review. a. Upon completion and submission of the Final Design Deliverables and acceptance by Contract Manager, Project Artists and Curatorial Consultant shall present the Final Design to the FWAC for joint review with the Project Core Team.other Project Stakeholders,the appropriate City staff,and for the FWAC's approval at a regularly scheduled FWAC meeting with a date and time mutually agreed upon.The Final Design shall subsequently be shared with City boards or commissions,as appropriate. b. City shall notify Artist of its approval, or disapproval, of the Final Design, either in whole or in part, within thirty(30)business days of Artist's presentation to the FWAC. C. If City disapproves of the Final Design,either in whole or in part,then City shall inform Artist of each revision to be made to the Final Design. City may require Artist to make such revisions to the Final Design as City deems necessary in its sole discretion and/or for the Work to comply with applicable statutes,ordinances,or regulations of any govermnental regulatory agency having jurisdiction over the Site for reasons of safety and security.Revisions specific to Final Design for Site B shall be submitted by Artist. Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 6 of 29 d. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to present the revised Final Design in conformance with City's requirements. e. If City disapproves of the resubmitted Final Design, any further Final Design resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process, then this Agreement will automatically terminate,with payment for work performed per the payment schedule in Article 3 up through the date of termination. (see Article 4.4.d) f. Upon City's approval of the Final Design, any revisions made to a City-approved Final Design shall become part of the Final Design. Artist shall incorporate any City-approved revisions into the Final Design in conformance with City's requirements. g. Artist's Final Design and all other work product under this Agreement shall become the property of City, without restriction on future use(see Article 6). h. Upon the expiration of the Term(hereinafter defined)of this Agreement,if the Final Design is accepted by City and funding is appropriated by the Fort Worth City Council, negotiations for fabrication, delivery, and installation of the work shall commence, which shall become part of the deliverable under any anticipated artwork commission contract. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount of up to TWENTY-NINE THOUSAND, TWO HUNDRED SIXTY DOLLARS AND NO CENTS ($29,2600.00), which shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to,Artist's fee of$14,260.00,travel, engineering, material sample mock-ups and consulting fees and services performed and materials furnished by Artist under this Agreement. 3.2. Payment Schedule. 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: a. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) upon execution of this Agreement. b. THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) within thirty (30) calendar days after Project Artists and Curatorial Consultant conduct an in-person site visit and meet with the Project Core Team. c. TWO THOUSAND DOLLARS AND NO CENTS($2,000.00)within thirty(30)calendar days after Artist submits the Final Design Deliverables to Curatorial Consultant and Contract Manager as required under Article 2.4 of this Agreement. Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 7 of 29 d.. TWO THOUSAND DOLLARS AND NO CENTS($2,000.00)within thirty(30)calendar days after Curatorial Consultant and Project Artists make a presentation of the Final Design to the FWAC, the Project Core Team, and other Project Stakeholders. e. FOUR THOUSAND,TWO HUNDRED SIXTY DOLLARS AND NO CENTS($4,260.00)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 CENTS ($15,000.00) for engineering, material sample mock-ups, professional services, and conservator or other consulting fees as necessary. Such payment shall be made for actual services rendered only and upon receipt of an invoice from Artist with the original invoice(a retainer fee of up to 50%is allowed) for such services attached. This allowance may be increased if needed to complete the Final Design Deliverables g. City will provide a travel stipend of FIVE HUNDRED DOLLARS AND NO CENTS ($500.00) upon Artist conducting a Site visit prior to completing deliverables. h. City will provide a travel stipend of FIVE HUNDRED DOLLARS AND NO CENTS ($500.00) upon Artist's attendance for Final Design Presentation a Fort Worth Art Commission meeting in person. 3.3. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the project. City shall supply Artist with the"Texas Certificate of Exemption" in substantially the same form as that attached hereto as Exhibit"F"for use by Artist in the fulfillment of this Agreement. 3.4. Artist' Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on submissions to City, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. Term. This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement,shall extend until final payment to Artist by City. 4.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager official or Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 8 of 29 employee with a view toward securing favorable treatment with respect to the awarding,amending,or making of any determinations with respect to this performance of this Agreement. 4.3. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in accordance with the dispute resolution process set forth in Article 5 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 Artist for services actually rendered up to the effective date of termination in accordance with Section 3.2 of this Agreement, 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 Artist's receipt of payment in full of all monies due for services provided up to the effective date of termination, City shall have the right 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 Artist 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 Artist, City shall pay Artist for services actually rendered up to the effective date of termination in accordance with Section 3.2 of this Agreement.If the Artist was paid for services no yet rendered, the Artist will be required to remit to City a sum equal to all overpayments (if any) made to the Artist pursuant to this Agreement prior to the effective date of termination. Upon payment in full of all monies due for services provided up to the effective date of termination, City shall have the right, in its sole discretion, to possession and transfer of all work product produced by Artist under this Agreement,including,but not limited to,finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination. In addition to the other rights provided in this Article,City shall have the right to complete or execute the Work. d. If termination is by mutual agreement of the Parties as set forth in Article 2.5,then City shall pay Artist for work performed in accordance with Section 3.2 of this Agreement up through the date of Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 9 of 29 termination. City shall have the right to possession and transfer of all work product produced by Artist under this agreement including, but not limited to, finished and unfinished drawings. sketches, photographs,models, and designs up to the effective date of termination. 4.5. Incapacity of Artist. a. In the event that Artist 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 Artist or Artist's successors for all work and services performed prior to incapacity. All finished and unfinished drawings, sketches,photographs,models, and any other work shall automatically become property of City. b. Should Artist's Final Design have been approved, in the event of termination under this Article 4.5, City shall have the right to complete the Work. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 5 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 parry in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten(10)business days of receipt of the notice,both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of, or in connection with this Agreement. If the Party fails 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 Artist are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty(30) calendar days following the date of the request for mediation,then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County,Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 10 of 29 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. Title. Title to the Work, including, but not limited to, all documents, models and/or drawings that constitute or are components of the Work and/or the Artwork Design, shall pass to City upon Final Acceptance and payment for the Work or pursuant to the applicable termination provision of this Agreement. These documents,models and/or drawings will be retained for archival and exhibition purposes. Artist's Artwork Design, Work, and all other work products under this Agreement shall become the property of City,without restriction on future use, except as provided below. 6.2. Copyright Ownership. Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of the Work for the duration of the copyright. 6.3. Reproduction Rights. a. In view of the intention that the Artwork Design and the Work be unique, Artist shall not make any additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant permission to others to do so except with the express written permission of City. However, nothing herein shall prevent Artist from creating future artworks in Artist's manner and style of artistic expression. b. By execution of this Agreement, Artist grants to City an exclusive, perpetual, royalty free, 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, Artist 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, maintain, transport, sell or transfer, in whole or in part, the Work when City deems it necessary within its discretion,in order to otherwise exercise City's powers and responsibility in regard to public works and improvements, in 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 acknowledged in substantially the form as follows: "Curated by Curatorial Consultant's name." Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page I I of 29 d. Unless notified otherwise by City,Artist shall use Artist's best efforts in any public showing or resume use of reproductions to give acknowledgment to City in substantially the following form: "an original artwork commissioned by and in the public art collection of the City of 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 Work in Artist's name. f. 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 7 WARRANTIES OF TITLE AND COPYRIGHT Artist represents and warrants that: a. Artwork Design and/or Work shall be the original product of the Artist's sole creative efforts. b. Artwork Design and/or Work is and will be unique and original, and does not infringe upon any copyright or the rights of any person; C. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Artwork Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; d. Artwork Design and/or Work(or duplicate thereof)have not been accepted for sale elsewhere; e. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and f. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence. ARTICLE 8 ARTIST AS INDEPENDENT CONTRACTOR Artist shall perform all work and services hereunder as an independent contractor,and not as an officer, agent, servant or employee of City.Artist shall have exclusive control of,and the exclusive right to control the details of the work performed hereunder,and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers, agents,employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondent superior has no application as between City and Artist. ARTICLE 9 INDEMNIFICATION 9.1. General Indemnity. a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS,LAWSUITS,JUDGMENTS,ACTIONS, CAUSES OF ACTION,LIENS, LOSSES,EXPENSES,COSTS,FEES(INCLUDING,BUT NOT LIMITED TO.ATTORNEY'S Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 12 of 29 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 (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS.OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. b. Artist agrees to and shall release City from any and all liability for injury, death, damage, or loss to persons or property sustained by Artist in connection with or incidental to performance under this Agreement. C. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations, including, but not limited to, the assumption of any and all responsibilities for paying royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, 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. Agreement Between the City of Fort Worth and Alicia Eggert Studio,Ine.for Final Design for Marine Creek Parkway Page 13 of 29 ARTICLE 10 EQUAL OPPORTUNITY a. Artist 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. Artist 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. Artist 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. b. Artist shall in all solicitation or advertisements for employment placed on or on behalf of the Artist, 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. Artist 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 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 the City. ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Artist shall comply with all Federal, state and local statutes, ordinances and regulations applicable to the performance of Artist's services under this Agreement. 11.2. Entire Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11.3. Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of the City. 11.4. Waiver. Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 14 of 29 No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 11.5. Governing Law and Venue. If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11.6. Successors and Assigns. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and their respective successors and permitted assigns. 11.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise,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 Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 15 of 29 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 City to fulfill 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 forth in this Agreement. 11.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.13. Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Work(collectively"Records")at any time during the Term of this Agreement and for three(3)years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City at 200 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. Artist shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13. 11.14. Certified MWBE. If applicable, Artist shall 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 City under the City's Business Diversity Enterprise Ordinance. 11.15. Survival Provision. The provisions contained in Articles 4.5 (Incapacity of Artist),6(Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Artist as an Independent Contractor),9 (Indemnification), and 11.13 (Right to Audit)shall survive the termination or expiration of this Agreement. 11.16. Counterparts and Electronic Signatures. Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 16 of 29 This Agreement may be executed in several counterparts, each of which will be deemed an original,but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 11.17. Time Extensions. The Parties may agree, in writing,to extend or modify any of the time deadlines set forth in this Agreement. 11.18. Israel. If Artist is a company with ten(10)or more full-time employees and if this Agreement is for$100,000 or more, Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. If applicable under this Agreement and Artist is considered a"company,"by signing this Agreement,Artist 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 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 2274 of 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, Artist certifies that Artist's signature provides written verification to the City that Artist: (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 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 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 Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 17 of 29 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, Artist certifies that Artist's signature provides written verification to the City that Artist. (I) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will 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 Office of the City Attorney 200 Texas Street, Third Floor Fort Worth,TX 76102 Martha Peters,Director of Public Art Arts Council of Fort Worth&Tarrant County 1300 Gendy Street Fort Worth,TX 76107 2. ARTIST: Alicia Eggert Alicia Eggert Studio,Inc. 6313 Lyons Road Garland, Texas 75043 Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 18 of 29 IN WITNESS HEREOF,the Parties hereto have executed this Agreement on the Effective Date. CITY OF FORT WORTH ARTIST by: rC:�->rwda 40� by: Fernando Costa A ' Eggert Assistant City Manager President,Alicia Eggert Studio, Inc. Date: 7/�4-/2ozZ Date: 7/6/22 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. Mic ,U 126ch.awd4o-w Name: Michelle Richardson Title: Public Art Project Manager APPROVED VED AS TO FORM AND LEGALITY: `f Jessika Williams Assistant City Attorney ® F AT rY EST D BY: �� •• Ja ette S. Goodall •• '.; ' R ••••'• ••• City Secretary •m Form 1295 Not Required Contract Authorization: M&C—No M&C Required E CORDTARY,TX Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 19 of 29 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`LCi e � 1 fife. ' • r.. Y• .,i .j ',gyp. � r I A� ¢ •` ' _AL . t ••;_irk' -� ri.t- i Overall design along the Marine Creek Parkway Streetscape (Top) Site A, One Way by Leticia R, Bajuyo (Bottom) Site B,A Very Long Now by Alicia Eggert Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 20 of 29 f ti:• A Very Long Now, as proposed by Artist for Site B (pictured:view at roundabout facing south) A Very Long Now, to be located at Site B (pictured:view at roundabout facing north) Aluminum and stainless steel sculpture with applied paint, 15' (h) x 30' (w)x 26' (d) Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 21 of 29 -Poured concrete footings K'spscing between NOW, yw)6mum} y�'d 1lOW an the + ground rrpecing _ A - bctwaen HOW& , & Smlydmnm} a ,i j 7'r'drnN n H.all VIEW FROM ABOVE A Very Long Now, Aerial View RPoured concrete footings the sculpture ( i will be bolted to ti , � I -� A Very Long Now, Installation Detail Proposed Dimensions:29'4" (h)x 25'6" (w)x 37' (d) Individual Aluminum 'NOW's each 4'4" (h)x 13'9" (w),spaced 2-15" apart Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 22 of 29 EXHIBIT B: PROJECT OUTLINE _ !IF CREEK OF TEXAS.YANI WMOR£ 1EMP BENCH MARK #13 ` W gmG vawME IILp,PAGE 29J ,l MANERVA PARIM U11 N. O.R.T.C.7. TT IT ON THE NORTH WESTViF'] C.CF No.020.5 A SQUARE DROP INLET p 1 CROU6;:LL-IAARR'f CR7TX ROM d 0R r.r..l 8 GI I .1 0 r)erARlrt STATION;68+06.46 I +�] b {) OFFSET: HIN:69931114,02.40 i E12309239.99014 PROP RoLj 1 \ pC) b F. ROW PROP ROW -% ELEVATION:737.03 )�� - MARINE CREEK PARKWAY x - '�. PROP ROW- -- 66h00 B7a00..._ 6+00 T00' 7�,}W---72+dD._,,,_73#OD 7410Q✓3-5+0, 76+ L4 77+00 78100 79100 _60i1W_"' uy. � 00 U PROP PCD CSMT - CE__1 L/n a CONTROL POINT/81 1 I F b b 5/6"CIRS { ' ex ROW PREP ROW 0W R y{ STATION;77+26.52 Ex ROW I,' rl! Q. p OFI'SET:5T.94'RT -1 Z CONTROL POINT�182 N:699003.7779 '� •C� GVs PHARVACY,INc. 5/6"CIRS E:2309215.3595 ) 020920E+6 Ar I I c } O C) STATION:73+03.66 ELEVAl10N:753.57 Pane ROW 14J7 LavrrraRN Roy I a =4 OFFSET:65,26' RT '. 1 41 _ •. 1 O O N:60936B1.1320 VARCAUX FOUR CORNERS.LTO. ' •'- + ' Z EC E:2309230.5720 r•.C.F.NP•0204229409 (� ELEVATION:743.05 ."."T r� - V ( CROV AEIL uew"r 7 -len t""",.J��^ a' As part of the 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 Fiscal Year2021 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 Call2021 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. Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 23 of 29 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 Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 24 of 29 EXHIBIT C: SITE i:l7i ,• � k7y k S 76'7 '! f We'sI Fork Ranch ell y 'V b.4.e-,n•n R,I 1 n.w� by Pulle Homes SVMMERFIEL❑ + FOSSIL PARK 7D1 f ' sa inaw a.••�tn.•r �n..al;tya and ,i..e.rf � Blue Maunt {■'D The Fossil C Club cn..,rru...+.rr.r�Fwr C foss4 reek ,....�.•ewi vNfMifIN►.r G+Mime•*1R� ._i .. a Tarrant ir © Couilly g T College- - Northwest.- Wforl Worth P Melody Hills Meacham ` int'I Airport _ Overall Site for Project(North Star: Site A; South Star: Site B) � YILLff nn f0 I0mr. Site B: Marine Creek Parkway Roundabout at Longhorn Road Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 25 of 29 EXHIBIT D: BUDGET FORM PROJECT 13UDGET ARTIST COISTS DMILOPMENT TEMPLATE FEES INSTALLATION Artist Fee(studio Overhead,Design Admin) Transportation of Artwork Engirneer hermits Lighting Designer Site Preparation.I Remediation Consemator footings/Fou.dations Pkatographer Electrical Connections lueddcatioos otker ftefeswmal Was installer labor €npdpmeat Aentai Traffic con al SUWTCWAL FEES Seth SUB-TOTAL INSTALLATI3N TRAVEL(based on GSA Rates) ltansporaf-as I N SUI R A i.C E Lodging General Liability Weratedl Per aim{meats a�iacidentaisl Other SUB-TOTAL TftAVEL SUB-TOTAL CVExtisfA❑ FABRICATION Materials C.:i T NGENCY Arast labor(hours x S per hours Masi c GntinEenty Reg,:. "PIIruirp CWwgn Foist fabricator Labor by others GRAND TOTAL Rentals(equipment,fabrication spare,etc.p storage SUD-TOT'At.MMICXr ION Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 26 of 29 EXHIBIT E: INSURANCE REQUIREMENTS PUBLIC ART PROJECTS -INSURANCE REQUIREMENTS Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication, transportation, and/or installation of the Work,then Artist shall also require his/her subcontractor(s)to abide by all of the following insurance requirements. Commercial General Liability(CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and be as comprehensive as the current Insurance Services Office (ISO)policy. The policy shall name City as an additional insured. Bailee'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 Artwork, which is entrusted to the Artist and is considered to be in the Artist's care, custody, and control and shall include property"in transit." Automobile Liability $l,000,000 Each accident or $250,000 Bodily Injury 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 Artist's Subcontractors who have employees: Workers' Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease-per each employee $500.000 Bodily Injury/Disease-policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.01 et seq. Tex.Rev. Civ. Stat.). GENERAL POLICY REQUIREMENTS The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers, Employees and Volunteers as an "Additional Insured" on all liability policies. Exception: the additional insured requirement does not apply to Workers' Compensation or Automobile policies. Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 27 of 29 Artist is responsible for providing the City a thirty day (30) notice of cancellation or non-renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein. The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) in favor of the City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. If the subcontractor is an international entity and carries insurance through an international insurance company, then the subcontractor must obtain language on their certificate of insurance confirming 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 Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Unless otherwise stated, all required insurance shall be written on an"occurrence basis." The deductible or self-insured retention(SIR)affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also approved by City's Risk Manager. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. City shall be entitled,upon request and without expense,to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 28 of 29 EXHIBIT F: TAX EXEMPTION �1Y3'ora._a�ni Texas Sales and Use Tax Exemption Certification i71i�ct:rii,[��ta rsuEsna!r>rtirt#�r a jn,rrbarCo 6r�w�.��. City 0 F"Worth,Tax" --- A — A" e,j$:aYt�ua!r,r� m.�o�t�l�#pUiiK�7 ��fs1 �(�lc�e�aun„�t�rJ 200 Tc Kas Strewt .- 817-392.0517 Fw l worm,Trues 7003 1,the prslrawr n"fined above,CNVII atl LXUApifon FAM r]ai item cif vitas and ua@ tauea(for the purchaxe of taxWe X-019 cl evIba.A mbar cc on 11w yllrtcllcA ortfu;or itivoicv) kulft €t ir3: All VCffld0T8 15r4anA tt"AIrvaa -Cite,8"-ta'ZIP t4 Qr3s"tim of Nett F to tv�pvrut^z+kd w an t��allochad tad:at Itrra oa: Al Remo.Purchom ockrxrnledney flirt tts CatCnci�'a camrel be uzp-d far IStz,Rurara.n,Icazn or rer,7al of a ms'ar PuruMitf ditis 11A -x iapmn fat oin roirrrr-in0 reamn: ill UAti oliy,qo mmmmerl°al Canty II! I irdeiWAti ftl I%il be If ti12 for pa-powt of di Wig rnct Ixr,l+n'.a3 a ufc ra(:tsWhV1 may bccam:)mia for tlNru to ca M "Ill INN frn,r_�;,ins&Iho TOK Cate wVOar 0 applraW�Inw- frdu,4am(A,artiMaMan"WhiLlLwu ar9"6iraisa+vd)nvev"'.1 kVV"foewwrar(W tal�"uh1wLY!Aalrknuu'a(VQ4111vafpwttam, tkiltio4�:dA�n+7ttnrb�ot►tvP�anv�stc+r�trap�z�li-rfi`t�sci�r�cuta,€aruictip�+vtatytrnit��a�rt,�:nrarNrn«ctwl ifivaivn:,trns�nvt�a hntc:+a Gasa C m";,sarnc_�ar h>n fadcvyy t�lfin r�ra�r,Iotira€, ig lime/ tole T ( "R"- ._ 1 Firinr=nim". 0CF0 rr f tiff NOTE: TPdu cPrtriaaln�nnm D�r�au.xl lcr G��tiara:_ lenea,a ud c,rstw. e.lcldp TfUS C&RTrT,'CATEV0a9 ff0T ft4tfiRU rg riL'!-Ril R TORE VAVD- t AU'i and(AAA THE 117w-,apflan Nw;,LAW of`TrrK Emori frf NiW—Tro tdo rirA aaitt 0'3 ocrtmffcabo 6ttoti.1d be to the r+tzllpltiu, Do pat norid ibe aalsili':trted caAitinary to Vio Carrtpirollor of Publin Acowrite, Agreement Between the City of Fort Worth and Alicia Eggert Studio,Inc.for Final Design for Marine Creek Parkway Page 29 of 29