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AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK
BETWEEN THE CITY OF FORT WORTH AND SATO SERVICE, 1..JLC
TRAIL FOR CHISHOLM (SH-
`Thi's Agreen-tent is entered into this day, of � 2 13� y and e wee h
City of Port Worth, a hoes-rule municipal corporation of the State of Texas, acting by and through
Fernando Costa, its duly authorized Assistant City Manager, and Sato Service, L C, a Washington
Limited Liability Company, located at, '1045 NE rh Settle, Washington 98115, and acting by and
through Torte Sato, its duly authorized N.e n.ber/Manager. City" has designated the Arts Council cil o f
.fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract
Manager shall act through its designated Public Art project manager.
WHEREAS, Pursuant to Chapter 2, Sections 2-56 through 2-6 1 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual.
envire ent 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 eaP'ital infrastructure
improve ments, and to rarnote t urisn end eeonot icy vitality :� the n through the artistic design
of public spaces;
WHEREAS,", the City is participating in the design and construction of the Chisholm Tr arkwa
(SH-121Tollway), which extends f roni Interstate 30 to FM 1 187, with the North Texas 'rollway Authority
NT )
WHEREAS, funds for a public art project associated witli the SH 121 Toll°w ay were included in the
Public Art Plan Jbr � r �c t Council oil May 1 7, 2005
(M&C G_ 148 01) and the Pub c,Art Planfor the Cr c (capital Nude Program approved by City Council
on October 26, 2 1 0 (M&C -1 7095);
WHEREAS
11 the Pro jeet is included in the Fort Worth Publ ic Art Fiscal Year 2013 Anneal Work
Plan, approved by City Coune l on October 16, 2012 (M&C C-25920)as part of the City s agreement with
tyre Contract Manager for administration of the public art prograrn
WHEREAS, pursuant to City Secretary Contract No. 44143, Artist created a Final Design
for each component of the Work for the Chisholm Trail Parkway, which includes the following: 1
Glass mosaic the murals inspired by "Trinity River Water Fowl" for integration into sip. East Clear Fork
Crossing, Bridge Monuments; and (2) a series of 10 unique glass mosaic-clad Columnar Water Crossing
Markers"'that celebrate tyre flora,and fauna of the Trinity River Watershed
RECEIVE) JUJ_ ry 0 2013
OFFICIAL RECORD
CATY SUR111rARY
Agreement for Commission et Public Artwork 1 of 4
between the City of Fort Worth and Sato Service, LLC
WHEREAS, the Site upon which the Work (as, hereinafter defined) shall be placed will be
owned by the NTTA and, therefore, installation of the Work will be contingent upon the execution
of an agreement between the City and NT` A 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;
WHEREAS,, on June 4, 201 , the Fort Worth City Council approved M&C C-26287, which
authorized execution of this agreement for the fabrication, delivery,, and installation of the Work;
and
WHEREAS, City and Artist wish to set out the terms and conditions under which said
Work 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 acknowledged, agree as follows-.
ARTICLE I
DER NITIONS
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 ato Service, LLB", for
r Comission of Public Artwork for-the Site.
Si
1.2. Arfist Means and includes Sato Service,, LL C, and/or its partners, members,
managing members,, officers, managers, proprietors, directors, employees, representatives, agents,
subsidiary organizations, parent organizations, successor entities, assigns, predecessors,
stockholders,, administrators,, s,ubartists, contractors,, and related companies.
1.3. Artwork 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, sketches, prototypes, models and the like that were created by
Artist in connection with the Final Design Contract., The design includes a total of 22 colmplonents-
twelve (12) 'individual bridge monument mosaic designs and ten (10) individual water crossing
markers designs—all of which are depicted in more detail in the attached Exhibit "A"' -that is
incorporated herein for all purposes.
1.4. Contract Manager – Means and includes the Arts, Council of Fort Worth and
Tarrant County, Inc., and/or its officers, directors,, emplolyees, agents, subsidiary organizations,
Agreement for Commission of Public Artwork 2 of 46
between.the City of Fort Worth and Sato,Service, LLC
parent organization, successor corporations, assigns, predecessors, stockholders, administrators, and
related companies.
1.5. City — Means and includes, the City of Fort Worth, Texas and its officers,,
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 Work have been completed in accordance with, the
terms of this Agreement.
L8. 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 Artwork.
1.9. Parties — Means and includes City and Artist.
1.101. 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.
1.11. Project Manager, — Means and *Includes Carl T. DeZee, P.E., Kirnley-Horn and
Associates, Inc., the firm hired by City to act as the City's, project manager and Iiai,son, 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 Work including, but not limited to�, the submission of
progress reports.
1.14. Site — Means Chisholm Trail Parkway (SH-121Tollway), 'from 1-30 to FM 1187, and
includes six sites at the East Clear For Crossing Bridge and ten other sites, that intersect with Chisholm Trail
Parkway, Including Montgomery, Vickery, Future Oakbend, Dutch Branch, Dirks/Altarnesa, Sycamore
School Road, Summer Cre!ek, Risinger, Stewart Fetz, and Old Grant ury Road, all, of which are more
particularly described in Exhibit "13," attached hereto and incorporated herein by referetice for all purposes.
The 'Individual sites, are Subject to change, which shall be incorporated into a written an to be
executed by the Parties, hereto.
1.15. Work— l'' Bans finished oMeets of art and design that are the subject of this Agreement,,
or any intermediary stage of completion of such works and includes the following: (1) Glass mosaic the
Agreernent for Cornrnission of Public Artwork 3 of 46
between the City of Fort Worth and Sato Service, LLC
murals inspired by "Trinity River Water Fowl" installed on the sIx East Clear Fork Crossing 'Bridge
Monuments; 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 'folly ay and celebrate the! flora, and fauna, of the
Trinity River Watershed.
A R"I"ICLE 2
S.-COPE Of" S'ERIVICES AND DEUVERABLES
11. Artist Selection,
City and Artist acknowledge that, Artist's Artwork Design was reviewed and approved by the
WAC on April 15, 2013, and is the basis, for executing
ting this Agreement with Artist.
2.2. Scope of Services.
a. Artist shall perform all serv,ices and shall furnish all supplies, materials, and equipment as
necessary for fabricating, delivering, and installing the Work at the Site. Services shall be
performed, in a professional manner and in strict compliance with all terms and conditions in
this Agreement.
b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture
of the Work,, subject to review and acceptance by City as set forth in this Agreement. The
location at the Site where the Work shall be 'Installed shall be mutually agreed upon by City
and Artist.
C. Artist, upon request of Contract Manager, shalt provide information and/or attend meetings
with appropriate City staff for purposes of risk assessment, safety review, sighting of the
Work, and permitting.
d. Upon request of City, Artist shall consult with a qualified art conservator and shall provide
written maintenance recommendations for the or from said conservator to the Contract
Manager.
C. Arti,st shall participate in one public education event in Fort Worth at a mutually agreed
upon date and tirne.
f. Artist shall install -the Work 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 Work
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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 (1 5) business days
after the Effective Date. After written approval of the Schedule by City, Artist shall
fabricate, deliver, and,i install the Work in accordance with such Schedule. Schedule changes
may be accomplished by written agreement between Artist and City.
b. it and/or Contract Manager, upon written request, shall have the right to review the Work
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 work 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 Work in accordance with the Artwork Design.
Artist shall present to the Contract Manager,, in writing, for further review and approval, any
changes in the scope, design, color, si.ze, material, or texture of' the Work. 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 Artwork
Design, then the Contract Manager shall, in light of the Artwork Design, determine whether
Yr-40
a significant change requires City approval. If the change requires City approval, then the
change(s,), may be presented tote FWAC -for review and approval at a regularly scheduled
or special meeting of the FWAC. If any disputes arise t hereafter, the Parties sliall 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 Work is completed and s 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 Works shall be performed by Project
Partner, and shall be done ni 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
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between the City of Fort Worth and Sato Service, LLC
schedule provided by Project Manager so that Project Partner can incoirporate them into the
construction documents and construction contract(s).
C. Artist shall install all elements of the Work, Including all mosaics and the metal sculptural
caps on the top of each of the Water Crossing Markers. Artist shall coordinate the
installation of the Work 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, casement) and written pernlission is delivered to
Artist by the City. In no event shall the installation of the Work (including any components
of the Work) commence prior to the full completion of the entire Site.
d. Artist shall abilde by all tem-is and conditions of any agreement between the City and N'TTA
concerning the Work at the Site.
e,. Artist shall be responsible for all costs associated with the materials,, fabrication, delivery
and installation of the Work including, but not limited to, equipment rentals, transportation,
and labor.
f. Should Artist complete the Work in advance of the completion of the Site, Artist shall store
the Work at no expense to City until such a time as the Site is completed and the Contract
Manager,notifies Artist that installation may commence.
9.
Artist, individually and through its subcontractors, 'Including its fabricator and/or installer,,
shall take all necessary precautions to, protect and preserve the 'Integrity and finish of the bite
while delivering and installing the Work. If City determines, in its sole discretion, 'that
Artist or Artist's subcontractors, have damaged the Site, then City shall inform Artist, in
writing, of the damage. Artist, at his/her own expense, shall have thirty (3 0) days from
receipt of City's written notice to repair the damage to the Site to the satisfiaction of City. If
Artist fails to repair the damages to the satisfaction of City within thirty (3,0 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 Work, Artist shall consult with a qualified art
conservator and provide to Contract Manager written 'Instructions for appropriate
maintenance and preservation of the Work on the form attached hereto as Exhibit It C it
Agreement for Commission of Public Artwork 6 of 46
between the City of Fort Worth and Sato Service, LLC
(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 Work in the final design phase for the Work.
2.6 Post-installation.
a. Within thirty (30) days after the installation of the Work, Artist shall furnish Contract
Manager, 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 Work
from various vantage points, including detail shots and overall views showing components
of the Work installed, as selected by Contract Manager, to document the Work after the
Work 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 Work to City. City shall use its best eff6rts to arrange for publicity for the
completed Work in such art publicati,oils 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 seek its own publicity for the Work,
such efforts and/or press, releases Must be approved, in advance, by City.
2.7 Final Ac,,ce tance.
a. Artist shall notify City and Contract Manager, in writing, when all services for fabrication,
delivery, and installation of the Work 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 Work.
C. Final Acceptance shall be effective as of the earlier to occur of (1) the date of City's
notification of Final Acceptance, or (2nd the 35th day after Artist has sent the written notice
to City r�equired 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 Risk of Loss
Agreement for Commission of Public Artwork 7 of 46
between the City of Fort Worth and Sato Service, LLC
The risk of loss or, damage to ine Work shall be bome by Artist prior to Final Acceptance, and
Artist shall take such measures as are necessary to protect the Work from loss or damage until Fina,l,
Acceptance, including, but not limited to, the purchase of property loss insurance,, except that the
risk of loss or damage shall be borne by City prior to Final Acceptance during such periods of time
as the partially or wholly completed Work 'is in the custody, control or supervis,ion, of City or its
agents for the purposes of moving, storing, or performing any other ancillary services to the Work.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
11. Comvensation.,
Total compensation to Artist under the Agreement shall be in an amount not to exceed NINE
HUNDRED SEVEN THOUSAND ONE HUNDRED SEVENTY-EIGHJ DOLLARS AND NO
CEN'TS ($907,178.001), 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 Work. The Parties may amend this Agreement to allow for
additional payment if additional services are required.,
3.2. Pa ment Schedule
a. City agrees to pay Artist in the fo,llow,ing 'installments: set forth below, each installment to
represent full and final, non-reftindable payment for all services and materials provided prior to the
due date thereof:
TWO I-IUNDRED 'NfNE THOUSAND NNE HUNDRED FIFTY-TWO DOLLARS
AND SEV'ENTY-SIX CENTS $209,952.77) upon execution of this, Agreement.
TWO HUN DRED NINE THOUSAND NINE HUNDRED FIFTY-TWO DOLLARS
AND S,EVENTY-SIX CENTS ($2..0,9,9517D upon Contract Manager's verification of 50%
fabrication of the Work.
iii. TWO HUNDRED NNE THOUSAND NINE IIUNDRED FIFTY-TW10' 'DOLLARS
AND SEVENTY-FIVE CENTS ($1209,952.7pi upon Contract Manager's verification that
the Work is ready to install.
IV. TWO HUNDRE-,14), NINE THOUSAND,NNE IIUNDRED FTFTY-TWO DOLLARS
AND SEVENTY-FIVE CENTS C$,209,,952.76) upon Contract Manager's veri,,,tication that
the installation of the Work is complete.
Agreement for Cornmission of Public Artwork 8 of 46
between the City of Fort Worth and Sato Service, LLC
V, EIGHT THOUSAND FOUR HUNDRE"D EIGHTY-TWO DOLLARS AND
NINETY'-F` UR CENTS 82.9 within thirty-five (3 5) 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
.884.) for costs associated with the Work that are 'incurred by the Artist due to
unforeseen changes in fabrication or installation costs. Such payment will be made upon (1)
receipt of' supporting documentation by the Contract Manager from the Artist and (11)
approval by the Contract Manager 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 Work. City shall supply Artist with the "Texas Certificate of Exemption," in
substantially the same form as that attached hereto as Exhibit "E" for use by Artist in the fulfillment
of this, Agreement.
f'I
3.4. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the performance of this
Agreement, including, but not limited to, services, materials, 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
TF,IRM AND'T1. OF PER,',FORMANCE
4.1. Term.
This Agreement shall be in etTectfrom 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 Artist and City.
Agreernent for Commission of Public Artwork 9 of 46
between,the City off' ort Worth and Sato Service, [,LC
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4'.3 etion f.Artist Services.
Artist shall bear any transportation and storage charges incurred from the completion of his or her
o
services prior to the time provided in the schedule f.r delivery.
4.. Time Extend on,��or�e Ma'e�ure.
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 strikes, or
orders of local or federal government render timely performance of the parties' services *impossible
or unexpectedly burdensome. The party suffering the i epos sibility or burdensome conditions must
inform the other in writing wi'thin ten (10) days of the onset of such perforniance delay, specifying
the reasons therefore. Fail ure to fulfill contractual obligations due! to conditions beyond either
party's reasonable control shall not be considered a breach of this Agreement; provided, hoWever,
that such obligations shall be suspended only for the duration of such conditions.
ARTICLE 5
WARRANT ,IES
5.1. Warranties of Title and Cop ht.
a. Artist represents and,warrants that'.
1. Artwork Design and Work shall, be the original product of Artist's sole! creative
efforts.
ii. Artwork Design and Work are and will be unique and original, and do not infringe
upon any copyright or the rights of any person or entity.
Ill. Artwork Design and Work (car duplicate there ►f) have not been accepted for sale
elsewhere.
IV. Artist has not sold, assigned, transferred, licensed, granted, encumbered', or utilized
the Artwork Design and./or Work or,any element thereof or any copyright related thereto that
may affect or impair the rights granted pursuant to this Agreement.
V. Artwork Designs and Work are free and clear of any liens, from 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.
Agreement for Commission of Public Artwork 10 of 46
between the City,of Fort Worth and Sato Service, LLC
vii. All services performed hereunder shall be performed in accordance with all
applicable laws, regulations, ordinances, etc., and with all necessary care, skill, and
diligence.
5.2 Warranties of Q�uality and Condition
a. Artist represents and warrants that all work will be performed in accordance with
professional "*workmanlike" standards and free from del-ective or inferi,or materials and
workmanship (including any defects consisting, of"in-herent vice," or qualities that cause or
accelerate deterioration of the Work) for one year after the date of Final Acceptance.
b. Artist represents and warrants that the Work and the materials used are not currently known
to be ham fuel 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, cure 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 Iiiiilted to, any standards set, forth by City,
within thirty ity.
y (30) days after receipt of the written notice, at no expense to i
do 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 risk 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 from 1.",inal 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) (lays after receipt, of the notice as to whether Artist
w'11 make or supervise the repairs restorations.I I irs or restorations. Should Artist fall to respond within the
thirty-day (30) deadline or be unwilling to accept, reasonable compensation under the
industry standard, City may seek the services of a qualified restorative conservator and
maintenance expert.
f. Acceptable Standard of Display. Artist represents and warrants that:
Agreement for Commission of Public Artwork 1,1 of 46
betweeii the City offort Worth and Sato Service, LLC
g parts
General routine cleaning and repair of the Work and any associated work in
and/or equipment will maintain the Work within an acceptable standard of public
display.
11. Foreseeable exposure to the elements and general wear and tear °°il, cause the Work
to experience only minor repairable damages and will not cause the Work to f all
below an acceptable standard of public display.,
With general routine cleaning and repair,, and within the context of foreseeable
exposure to the eleme�nts and general wear and tear, the Work will not experience
irreparable conditions that do not fall witImn an acceptable standard of public display,
including, but not limited to, mold, rust, fracturing, staining, chipping, tearing,
abrading, and/or peeling.
iv. Manufacturer's Warranties. To the extent the Work 'incorporates products covered
by a manufacturer's warranty, Artist shall provide copies of such warranties, to City.
9. The foregoing warranties are conditional, and, shall be voided by the failure of City to
maintain the Work 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
Work as Artis,t"s creation and request that all credits be removed from the Work and
reproductions, thereof until the Work's condition is satisfactorily repaired.
5.31 Survival of Representations and Warranties
The representat"ions 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 7," which is attached hereto and incorporated
herein for all purposes. Evidence of required 'insurance shall be submitted to the Contract Manager
prior to installation of the Work on City property. However, if any part of the fabrication process
w*11 be conducted on C" I
I ity property, then Artist, shall submit evidence of required insurance to the
Contract Manager prior to performance of that work. Evidence of subsequent renewals of said
insurance is required until City has, taken possession of the Work. Except as provided in Section 2.8
Agreement for Commission of Public Artwork 12 of 46
between the City of Fort Worth and Sato Service, LLC
hereof, the risk of damage to or loss of the Work shall, during fabrication and installation but prior
to Final Acceptance, shall be solely that of Artist. 'Flils risk shall transfer to City wid 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, perforn-tance bonds or similar undertakings.
6.3. Inde
a. General Indem
ARTIST COVENAN T S AND AGREES TO AND DOES HE 13Y 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, AT TORNEY'S FEES AND COSTS OF
DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR
SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT' LIMIT' D TO,
THOSE FOR PROPERTY LOSS (INCLUDING,, BUT Nor r 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 SOGHT, OF WHA r rSOEVIER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
RESULTING FROM THE ACTS, E11RORS, OR, OMMISSIONS OF ARTIST
AND/OR ARTIST,S SUBARTIST AND CONTRACTORS A.ND THEIR
RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS,
r WIT'
PARTNERS, AND RE P SE FAT'IVES, IN C NNE
OCTION H THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR
NONPERFORMANCE OF THIS AGREi EMEN T.
11 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.
I -s to include in their subcontracts a release and
III Artist shall require all of its subcontractot I I
indemnity in favor of City in substantially the sarneform, as above.
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between the City of Fort Worth and Sato Service, LLC
b. Intellectual Prgpgrty
Artist agrees to assume fult 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
auth od i,ze, perm it, 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,
IN U'DING, BUT NOT LIMITE D 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 acknowledges that the Site upon which the Work 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 naturel description or character, whether in tort or in contract, or by virtue of the
cortunon law, statute or regulation, known o�r unknown, which may accrue on account of, 1
1 , 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 Work by the N 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 all darn ages arising out of or
Agreement for Corn mission of Public Artwork 14 of 46
between the City of Fort Worth and Sato Service,L,LC
resulting from any damage or destruction of the Work by he NTT ,. This shall survie the
ter m,ination or expiration of this Agreement.
ARTICLE, 7
OWNERSHIP AND INTELLECTUAL, PROPERTY RJG1 ITS
7.1. Title.
Title tote Work, including, but not limited to, all, documents, models, and/or drawings that
constitute or are components of the Artwork Design and Work shall pass, to City upon ,v I inal
Acceptance and payment for the Work. These documents, models,, and/or drawings will be retained
for archival and exhibition purposes. Artist's Artwork Design and Work and all other work products
under this Agreement shall become the property of City, without restriction on future use,, except as
provi ded below'.
7.2 -Copyri ht nershi
Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Secti-on 101 et seq.), as the sole
author of the Work for the duration of the copyright.
7.3 Reproduction Rlj6ts.
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 Art'ist's
manner and style of artistic expression.
bi. 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, and any 'individual components, of the Artwork Design or Work, for any nun
-
commercial purpose whatsoever. For purposes of this li'mitati.on, 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
0,
public, or whether revenue is otherwise received by City, shall be deemed a non-colmmercial
purpose. Notwithstanding the above limitation, Artist, agrees and understands that no
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
Agreement for Commission of Public Artwork 15 of 46
between the City of Fort Worth and Sato Service, u l.c
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
res,
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: "00 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 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 thir d-party infringement of Artist's, copyright and not
responsible for protecting the intellectual property rights of Artist.
ARTICLE 8
ARTIST'S, SIGHTS,,,
8.I. Identification,
Contract Manager shall include credit to Artist on the Fort Worth Public Art website
(ww .fw u:Iblicat.or and facilitate the design, purchase and installation of a permanent plaque at
the site.
8,.2. Maintenance.
City recognizes that maintenance of the Work, and each component piece, on a regular basis, is
essential to the integrity of the Work. City shall reasonably assure that the Work, and each
component piece, is properly maintained and protected, taking into account the maintenance
instructions, provided by Artist in accordance with Section 2.5 and Exhibit"C."
8.3. Re airs and Restoration.
a. City shall have the right to determine when and if repairs, and restorations to the Work, and
each component piece, will be made. During ►rtist'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
Work, or any component piece. Should Artist unreasonably withhold, approval of any
intended repair or restoration, City shall have the right to make such repair or restoration.
Agreement for Commission of Public Artwork 16 of 46
between the City of Fort Worth and Sato Service, LLC
To the extent practicable, Artist, during Artist's 111'etime, 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
commenceinent of any significant repairs and restorations, upon Artist's fee for such
services. Should Artist fail to agree to make 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 make said repairs, by City.
b. All repairs and restorations shall be rnade 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 Work,
and/or each component piece, or to prevent risks to the public, such, repairs shall be
undertaken or arranged by City without advance notice to Artist,1 and such repairs shall not
be deemed to constitute artistic alteration.
8.4. Alteration of the Work or of the Sile.
a. In the event that the Work, or a,component piece, is incorporated into a, building, structure or
realty, the installation of the Work 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 Work or the Site, City shall have the right to remove the Work, or a
component piece, by any means, including destruction, in perforn-ling, 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 take 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
Work!, or such component piece, or the building or structure, Artist may be given written
notice and ninety (90) days to remove the Work, or such component piece,, at his or her sole
ex I 1 1, or a, component piece, City shall have
expense. Upon Art failure to remove the Work
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 Work, or such component piece, by any means,
including its destruction.,
C. City agrees that it will, not,willfully destroy, damage, or modify the work, exce t as rovided
p P
in paragraphs a. and b. above.
d. In the event the Work., or a cornponeat piece, is substantially damaged or altered, City shall
no longer represent the Work, 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 Work.
8.,5. Permanent Record.
City shall maintain on permanent file a record of this Agreement and of the location and. disposition
of the Work.
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 ftom, 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 shalt make every reasonable effort to locate Artist when
matters arise relating to Artist's rights,.
8.7. Additional R* I les.
i,g,ht,s and Rerned" -
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 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 perfori-ning 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 r,espiondeat
superior has no application as between City and Artist.
Agreement for Commission of Public Artwork 18 of 46
between the City of Fort Worth and Sato Service, LLC
,AR`FICT-,E 10
SUBCONTRAC11NG
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 Works and shall. be carried out under the personal supervi.sion of' Artist. Any subcontract
entered into under this Agreement shall be expressly subject to the applicable terms of this
Agreement, including, but not limited to, all indemnii I ication and release provisions. Artist Thall
0 of
p rov i de information regarding all subcontractors 1nClUding its fabricator along with a copy the
subcontract between Artist and each subcontractor to, the, Contract Manager.
ARTICLE I I
rERNINAT ION
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 official or employee with a view toward securing favorable treatment with respect to the
awarding,, amending, or making of any determinations with respect to, this performance of' this
Agreement. In. the event this Agreement is canceled by the City, 'pursuant to this Article 1.1.1, City
shall be entitled, in addition to any other rights and remedies, to recover from Artist a SUM equal in
amount to the cost, incurred by Artist in providing such gratuities.
11.2. Death or Inca ity of Artist.
,paci t
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 Artist's, successors for all work and services performed prior to death or
1 40
i,ncapacity. All work product produced by Artist, 'Including, but not limited to, finished and
unfinished drawings,, sketches, photographs, models, and designs,, up to, the effective date of
termination shall become property of City.
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 or Artist's intended results and proper credit
and acknowledgement shall be given to Artist. This provision shall survive the termination
or,expiration of this Agreement.
11.3 Tern nination for Convenience.
Agreement n for Commission of Publl ic Artwork 19 of 46
between the City of Fort Worth and Sato Service, LLC
a. The services to be performed under this Agreement may be terminated by either party,
subject to written notice submitted thirty (30) calendar days before termination.
b. If termination is forte convenience of City, City shall play 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 ter ininafion. Upon payment in full of all monies due for services provided up to the
effective date f termination, City shall have the right, n its solle discretion, to possession
oi
and transfer of all work product produced by Artist under this Agreement, "Including,, but not
limited to, finished and unfinished drawings, sketches, photographs, models, designs and the
Work 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 rewire
the Artist to remit to City a sum equal to all payments if any made to the Artist pursuant to
this Agreement prior to the effective date of termination. If City chooses to pay Artist for
services actually rendered, then all work product, produced by Artist under this Agreement,
including, but not limited to, finished and unfinished drawings, sketches, photographs,
models, designs, the Work Lip to the effective date of termination shall become property of
city.
11.4. Termination for Cause.
a. If either party to this Agreement shall fall 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 11.4 in accordance with the dispute resolution process set
forth in Article 12 of t his Agreement. If the Parties, cannot resolve the des
pute(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 Artie:ie 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 Agreement pursuant to this Article 11.4, then City shall have the right
to complete the Work in accordance with the Artwork Design, which shall be in addifion to,
Agreement for Commission of Public Artwork 20 of 46
between the City of Fort,Wofth and Sato Service,LLC
any and all other rights and remedies available to City at law or in equity. If City exercises
its right to complete the Work, then:
(1): title to the Artwork 'Design, Work, and/or all other work product Linder this
Agreement and/or any p,ri,or agreement for the Work, including, but not limited to, all
documents, models, and/or drawings that constitute or are components of the
Artwork Design and/or Work, shall pass to City and become the property of City,
without restriction oji ,,future use, immediately upon the City's exercise of its right to
complete the Work;
(2) Artist shall forfeit any and all rights to the Artwork Design, Work, rid or all
other work product under this Agreement and/or any prior agreement (including the
Final Design Contract) for the Work, 'Including, but not limited to, those stated under
Articles 7 (Owners/ ip 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 Artwork Dies i gn, Work,, and/or all other work product under this
11, 11 fN
Agreement or any prior agreement for the Work (Including the Final Design
Contract) that the Artist has under the Copyrtgnt Act of 1976, 17 U.Si.C. SS 1011 et.
seq., and all the rights and privileges appertaining thereto, including, without
limitation, the exclusive right to reproduce, prepare derivative works, based upon,
distribute coples, to the public as well as display said Artwork Design and/or Work,
the same to be held and em. I I ,
,plolyed by City for City's own benefit and use and for the
benefit and use of City's successors, assigns, and legal representatives, forever;
(4) Artist shall have no copyright or other property interest in, the Artwork Design,
Work, and/or any other work product under this 'Agreement and/or any prior
agreement for the Work; and
(5) Artist, pursuant to this Article 11.4, hereby acluiowledges the rights, of attribution
and rote grity conferred 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 4"oreign laws, and of
his/her own free act hereby waives such rights with respect to any and all uses of the
Artwork Design, Work, and 'or all other work product Linder this Agreement and/or
Agreement for Corntnission of Public Artwork 21 of 46
between the City of Fort Worth and Sato Service, LLC
any prior agree m ent as a public artwork. No-thing in this Article 1,1.4 shall affect the
survival of Articles :5 (Warrantles)5 61 (Insurance and Indemnity), and 9 (Artist as an
Independent Contractor) of this Agreement, which shall remain in full force and
effect upon temlinafion of this Agreement.
11.5., Agree ity_and NTT A.
Ment between C'
This reement 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 Work will be
located. If City falls 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 tIn-ough this dispute resolution process. The disputing party shall notify
the other I meriting as soon as practi iscovering the claim, dispute, or breach. The
'party in wr*t* cable, after di h I t
notice shal.l. state the nature of the dispute and list, the party's specific reasons, for such dispute,. Within
ten(1 0)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 Parties fall 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 Goverm-rent Code, then in effect.
Request for mediation shall be in writing, and shall request that the mediation commence not less t,han
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 forte mediation
or to 'the identity of a mutually agreed mediator within thirty (301) calendar days following the date of
the request -ror 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 ally
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 jurisdi*ction.
Agreement for Cornmission of Public Artwork 22 of 46
between the City of Fort Worth and Sato Service, [J.,C
No provision of this agreement shall waive any immunity or defense. No provision of this Agreement
constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party
shall have the right to exercise any and all remedies available under law regarding the dispute. (See.
Article 11.4)
ARTICLE 13
EQUAL, OPP"OiRTUNITY
a. Artist shall not engage in any unlawful discriminat,ion 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 al.1 applicable laws and regulations in any
employment decisions.
b. In the event of Artist noncompliance with t he 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., Compliance.
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 Artwork 23 of 46
between the City of Fort Worth 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. Govemin,g 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, ,I"exas 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 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 its respective successors, and permitted assigns.
14.7. 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 otherwiOse, to
any other person or entity.
14.8 Severability.
If any provision of this Agreement shall be held to be 'Invalid, 'Illegal or unenforceable, the validity,
A
legality and enforceability of the remaining, provisions shall not in any way be affected or unpaired.
14.9. Contract Constructioll.
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 eftect 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 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 bligations under this Agreement, City may
terminate this Agreement to be effective on the later of (i) thirty (30) days, fo�llowing 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.
14.11. Cutions.
Agreement fior Commission of Public Artwork 24 of 46
between the City of Fort Worth and Sato Service, LLC
tl
Captions and headings, used in this Agreement are for reference purposes only and shall not be
t7) p
deemed a part of this Agreement.
14.12. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
14.13. Surviv*n
I g Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or legal
incapacity of Artist.
14,14.,- 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 co'nipliance with this Agreement.
Throughout the Tenn of this Agreement and for three (3) years thereafter, Artist shall make all
Records available to City on 1000 Throck-morton Street, Fort Worth texias or at another location in
City acceptable to both parties following reasonable advance notice by City and shall otherwise
11h1 01
cooperate fully with City during any audit. 'Notwithstanding anyt I ,m g to the contrary herein, this
Article 14.14 shall survive expiration or earlier termination or this Agreement.
14.15.-Certified M E
If applicable, Artist is encouraged to make its best effort to become, a certified Minority Business
Enterprise (MBE) or Wornan 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 expliration 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 5)52 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 olf Public Artwork 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 luiow for purposes of management of this Agreement. City agrees to inform Its employees
of the obligations under this paragraph and to enforce rules and procedures 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 manner 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
thi's 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 instrument. A signature received via
facsimile or electronically, via email shall be as legally binding for all purposes as an original
signature.
14.19. Time Extensions
10
The Parties may agree, in writing, to extend or modify any of the time deadlines set -forth in this
Agreement.
ARTICLE 15
NOTICES
All notices,, requests, demands, and other communications which are required or permitted to be
ng and shall be deemed to have been. duly given upon
given under this Agreement shall be in, writing
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 FORI" WORTH,, Fernando Costa, Assistant City Manager
City Manager's Office
City of Fort Worth
1000: Throckmiorton Street, Third Floor
Fort Worth, Texas 76102
Copies to: City Attorney
Office of the City Attorney
City of Fort Worth
10,00 Th-rockniOrton Street, Third Floor,
Agreement for Commission of Public Artwork 26 of 46
between the City of Fort Worth and Sato Service, LL,.0
Foil Wor h, Texas, 76 1,02
Martha Peters, Vice President - Public Art
Arts Council of Fort Worth, & Tarrant County.
1300, GAndy Sitre!et
Fort, Worth, Texas 76 107
2. ARTIST Sato Service, LLB
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 SATO SERVICE,, LL
,A!!
. ...........
Ferna n III ol Costa r ie Sato
7
Assistant City Manager Manager Member
APPROVED AS, TO FORM
ANI) LEGALITY:
01
Tyler
Assistant City Attorney :0or 144
(0100ft,6' 4�;
1%
ATTESTED BY
Q
Mary J. 4a
010000 ICY
City Secretary
Contract Authorization:
M&C #
026287
DA"'I',E-. June 4, 2013
Agreement for ColiTunission of Public Artwork OFFICIAL RECORD 27 of 46
between the City offort Worth and Sa,to Service, LLC CITTSECRETARY
FTv WO RTNqTX
Fort Worth, Texas 76102
Martha Peters, Vice President ublic Ail
Arts Council of Fort Worth 1"arrant County
13010 Gently Street
Fort Worth,) Texas 76107
2. ARTIST Sato Service, L
1045 NE 88th Street
Seattle, WA 98115
IN WITNESSHE F, the Parties hereto have executed -this Agreement as of the Effective Date.
CITY OF FORT WORTH SATO SERVICE, LLC
At
by: by:
.................
Fernando Costa Norte Sato
I's
Assistant City Manager Manager Member
APPROVED AS TO FORM
AND LEGALITY:
Tyler F. Wallach
Assistant City Attorney
ATTESTED BY:
Mary J. Kayser
City Secretary
Contract Authorization.
M&C # C-26287
DATE. June 45 20 13
Agreement for Commission of Pubilic Artwork 27 of 46
b tw en the City of Fort Worth and Sato Set-vice, L,LC
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Agreement for Commission fission of Public Artwork
between the City of fort Wow and Sato Setvice,L .
Agreement fir Commission of 'ubhc Artwork 37 of 46
between the City of fort Worth and Sato Sec-vice, LLC
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if! gr4��
,Y LOCATION MAP'
Agreement for Commission of Riblic Artwork
between ffie City of Fort Worth and Sato Service,
Agreement for Commission of ubliic Artwork+ rl 38 of 46
between the City of"Fort Wort h and Sato Set-vice,LL
Exhiblit C-Creelmlical and Maintenanc*Record
GENERA T.,INFORMATION
Artist:
Address:
Telephone:
Cell:
E-mail:
Gallery Affiliation-
Other Representation-
ARTWORK
Title of Artwork:
Project Name and Location Address
FWPA Pr,o.ject Manager-,
Description of Artwork- (affach separately if necessary):
*I
Artwork Dtmensions.,,
Height: Width: ......... Depth:
Pedestal or Pad Material:
Pedestal or Pad Dirnemsions:
Height.- Width: Depth:
Location&Description of SiViature Markings(or copyright):
.Ngreement for Commission of Pubhc Artwork
bletw n the it "ort Wortb and Sato Service,LLC
Agreement for Cornmiss,ion of Public Artwot-k, 39 of 46
between the City of Foil Worth and Sato Service, L
Edition Information if applicable.-
Date of Execution:
"'lace of Execution:
Collaborating Artist:
Fabricator(if other than artist)
Fabricator Address-
Methods/Materials Used M Execution of. t ork
Materials(list type,brand nags and manufacturer of all materials-,-,att h Material al Safes
Teelmical Data.Include contact names for all suppliers and attach warranty information):
Construction l !e e ►ti : (list,all fabricators and any architects,engineers or other r t w .c m s
involved in the creation and installation of this art orL Attach all warranties&agreements)
Material(s) Spec i catic ns.
Joining Methods.
Welding Rod Alloy or J h-it Material&Application Method.-
,Agreement f r Cornnilssion of Public Artwork
between een tare City of Fort Worth and Sato Service,LLC
.Agreement for Commission of Public Artwork 40 of 4
between the City of port Worth and Sato Service, LLC
CastingAlloy,Wax Body, Gli ass or Fiber Type
Finishes&Coatings(paint color and type, glaze,platina,any and all coatings including fixative,
UV,graff"ii ti,etc!., Please list vendors and,contact intbrm ate on and provide all product inforni ate on):
Pedestals", Foundations&Footings,Mounting and Attachment Applications
(List all materials used to install aft work on site. Include vendor information,pails numbers,
warranties and agreenieats.
)
Integrated Components
(List all components,included in design and fabrication contracts that function as a part of the final
installation includin g but not limited to: lighting,media,landscaping,etc. Include all vendor
inforination,parts numbers.,warranties and agreements and any/all design schematics)!:
111stmation
Installation late:
Installation Method: (describe installation method,provide photo documentation if available. List
name and contact information of installation crew.Attach any diagrams,or disassembly
instructions)
Agreernent for,Commission of Pubfic Artwork
between the City of Fort Worth and Sato Service,LLC
Agreement for Commission of Public Artwork 41 of 46
between the City of Fort Word i and Sato Service, LLC
Recotamended Ro MaWtenance
Artist reconiniendation based on experience and consultation with conservation expert
Artist's Conservation Consultant
Name-
Address:
Phone:
(Please attach,Conservator's Long Term Maintenance Recommendations)
Unusual or Special Circuinstances of Not
Artist's Intention
(Please describe your view of how the artwork will change over time mid in response to
environmental conditions. Artist"s vision of how the artwork will look in the future assists FW'PA
in realizing an appropriate conservation action plan. In addition to environmental conditions public
artworks are often a5ected by public handling,landscaping and site changes. Please clearly detail
your,expectations,for this artwork. Please address issues related to the lif" expectancy of this
artwork.)
Agreement for Commission of Public Artwork
between the City of Fort Worth and Sato Service,LLC
Agreement for Come-iissiori of Public Artwork 42 of 46
between the City of Fort Worth and Sato Service, LLC
ExMbft D.- Affida"'t
AFFIDAvrr OF BILLS PAID
Date-
Affia,nt:
Purchaser:
Property-
Affiant on oath swear ts that the following statement is true-.
Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and
materials, provided to Affian't for the construction of any and all improvements on the property.
Affliant is not indebted to any person, firm, or corporation by reason of any such construction.
There are no claims pen ng for personal injury and/'or property danuages.
Affiant:
SUBSCRIBED AND SWORN TO before me,
�$the undersigned authority,on this the
Day of' 1120
Notary Public, State of Temas
Print Name
Commission Expires
Agreement for Commission of Pubtic Artwork
between the City of Fort Worth and Sato Servtcc,LIC
Agreement for Commission of Public Artwork 4,3 of 46
between the City of Fort Worth and Sato Service, [,,-.L,C
Exhibit E:She Tax Exemption
TF,XAS(:--EjLFJ,FICAI-E OF EXEMPTION
I CIAZI)an Cwfylpotioll floin tar villtat ol"4,11c-s 404 use to".&II,the rx1rc• asr,(of taxaale atoms-doswribcd
b,clow cir oit the attache-if c,)rdtnor it
.......... ..............
M-scnput,m offtents(er an artachM order or.htvoi-v,0'T(1 Be Purchase&
.............
I diim Ihisexemptitvi foor,!bc folhywing reasork:
Name of'Exempt corgwwAion: (ITV OF FORT WORTIi,'FFXAS
TEXAS,SALES AND US[,TAX PE.RNHT NUMBER 1-7-5-600052,
Project fiv whidt,nroatoriats and saftpltes are purcliased
....... .....
I wWtnNwtd that.I Neill bc-liable fipr paw uient of,"Ics lax.vvhich tualy W-corriv dtjc fiv faflure to cxvnply
with the'.plovision's of thc scat c.cay.andw metoprwhiiin trattsit auttayrity sal es anal vse to law nd
comp,m all er rules regarding cxcmlx purthases, Liobilit y for the,tax will be detcm6nod by thc price paid
fof the uxable ilems pwbawd or dw fair rnarket rental valuc fi.,)r dw—period or ti inc,awd,
I and eroand fluil it is a miWetneaux to 16ve an exe,"Mptioncenificale to the seller for taxable it which
I kttow,wets flit titre of the parchaw,will bc uscd in a mmuier otter than that cxp=4cxi in this certificatr
mid.upc*i cor vic4ion.may be fined up to$5,00 per viTersc.
T' L- MM.5jbI0jQjkj-ngaC wyg_ t real E rant y
Purcliwier- cu'ry or FORTSVORT11,TEXAS
Sweet AWdress, I OW TH ROCKMORTON STREET
C11 y,'Stag,Zip Code:F0Rj,'UIOWI*",'I*EXAS 7u 12
Si p, Rffc, 'at t:: '111,11v 1 2009 PlIone: 8 3 4 17
.......................
Satan two use tax"exesilprion norlibers"of-txx
cxempt"wawa nbets tit)not mtst
yj
T'hi etniz,6c.-xivshould be furn i sbcd vi the suplylict.Du iu a�4n,,l s tc c-otnplcwJ ceili fi cale to llw
Agreement fo r Com Missi ran 0 f Pub Ii c Artwo rk
b etween the City of Fart Wo rffi and S at ol Service„LLC
Agreement for,Commission of Public Artwork 44 of 46
between the City of Fort Worth and Sato Service, LLC
.1"E *b*t F: -Insurance Requirements
xhl 1
PUBLIC ATM 1"PROJECTS - INSUIZANCE, REQUIREMENTS
1. -or this Project. If Artist subcontracts fabrication,
Artist shall meet all the following, insurance requirements f I
transportatioil, and/or installation of the Work, then Artist shall also require his/her subcontractor(s) to Aide
by all of the following insurance requirements.
Commer6al Geiieral Liablility(CGL)
$1,000,000 Each occurrence
1
$20 0,000 Aggregate limit
Coverage shall Include, but not be limited to, the following.- prep-iises, operations,, independent contractors,
4,
products/completed operations, personal in ry, grid contractual liability. Insurance shall be provided on an
j u ,i I
occurrence basis,, and be as comprehensive as the Current 1115 Trance Services Office (ISO) policy. The policy
shall name City as an additional insured.
Ba heels/Property (K 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 Lis lillity
$11900000 Each accident
or
$250,000 Bodily Injury per person
$5ftO,001 Bodily Injury per occurrence
$101000 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: Worker sCon,ipensation
Statutorfy 11imits
E mployer's Iliabliltity
$1001000 Each accident/occurrence
$1+ 0,(100 Disease - per each employee
$500,5000 Bodily Injury/Disease - policy limit
911
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 POLJCY REQUIREMENTS
Agreement for Commission of Public Artwork 45, of 46
between the City of Fort Worth and Sato Service, LLC
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.
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.
Waiver of rights of recovery (subrogation) in favor of City ofFort Worth.
The insurers for all policies must be licensed/approved to do business in the State of Texas. If the
subcontractor is an intentional entity and carries insurance through an international insurance company,then
the subcontractor ri-iust 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 minim,urn 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 linifts, an Umbrella or Excess Liability insurance
for any differences, is required. "Excess Liability shall follow forni 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
a4justments 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, I Imitations, or
,, con I'mitat* exclusions except where policy provisions are established by law or
regulations binding upon either of party or the underwriter on any such policies.
Agreement for Cornmission of Public Artwork 46 of 46
between the City of Fort Worth and Sato Service, 1 LC
M&C Review Page I of 3
Official site of the City of Fort Worth,TeNxas
CITY COUNECIL, AGENDA FoRaWORT11
COUNCIL ACTION: Approved on, 6/4/2013
V1000"Feum���
REFERENCE 20SERIES OF ARTWORKS
DATE.' 6,/4/2 0 13 NO.: **C-26287 LOG NAME.- ALONG CHISHOLM TRAIL
PARKWAY
CODE-0 C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Artwork Commission Agreement with Sato Service, LLC, in the
Amount Up to $907,,1 78.00 for Fabrication, Deliveryy and Installation of a Series of Public
Artworks to be Installed at Various Locations Along the Chisholm Trail Parkway, State
Highway 121T from Interstate 310 to Faam-�tol-Market Road 1187 (COU,NCIL DISTRICTS
31, 6 and 9)
RECOMMENDATION,-
It is, recommended, that the City Council authorize the execution of an Artwork Comm,issi,o�n
Agreement with Sato Service, LLC, in the a mo u,nt up to $9077!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 121 T from, Interstate 30 to Farm-to-Market Road 1187.
DISCUSSION:
Under the Artwork Commission Agreement (Agreement), artist Norio 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. -rho public artwork will include the following"
Eighteen glass, and stone mosaic murals titled Trinity Water Fowl integrated into six rectilinear
brick monument s on the new bridge over the Clear Fork of the Trinity River near 1-310 and
University Drive-' and
I
Ten g,l,ass 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 extendiing from 1-30 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
the Under Sato's direction,1 master mosaic artisans,will interpret her designs wing 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 plus 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.
�k\e�o-st of the project includes a base budget in the amount of$848,293.74 and a contingency fund
in the amount of$58,884.1 o for costs that may be incurred by Sato due to unforeseen changes in
scope, malteriail, 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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on May 17, 2005 C &C Gi-14801) and the Public Art Plan for the 2007 Critical Caplital Needs
Program, adopted by the Fort Worth City Council on October 26, 2010 (M&C G-170195)1. 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 C &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 200151, 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 (NT TA) and the
Texas Department of Transportation JxDOT); -which was underway. Due to Sato's schedule
constraints, alternate artist Lorna Jordan was invited to develop the Corridor Art Plan. On October
2b, 20105, City Council adopted the South west Parkway(SH-,121 T)l 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 Corridor Art Plan by artist Lorna Jordan, which was included in the Corridor Master
Plan, identified public art oppoirtlunitilels and recommended that artists consider the Parkway's place
within the Trinity River Watershed in order to provide viewer's with meaningful aesthetic and
perceptual experiences.
In Early 2006, after adoption of the Corridor Master Plan, the City engaged both Lorna JJord�an and
Nome, Sato to devel,op, conceptual design proposals for various sites along the Parkway (Jordan:: City
Secretary Contract No. 34032, authorized by M&C C-212310* Sato: City Secretary Contract No.
334431 authorized by M&C, C-212,131, amended by City Secretary Contract No. 3,4357', authorized by
M&C C21628, 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 HO K 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 (CRAG) 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, L (CSC No. 4,4143,, 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 INFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capliital
budget, as appropriated, of the S,H-1,21T Southwest Parkway Fund, Street Improvements, Fund, and
the 20017 Critical Capiit,aill, Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
0221 541200 203980000580 $328,200.00
C20O 541200 203980000580 $368,080-00
02951 5412C O 20:3980000580 $210,898.00
............. ........... .......
Submitted for Ql`,ty Manager's Office by: Fernando Costa (6122)
0r1,gina,t,J.!1g Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Martha Peters (298-3025)
http•Hwww.fortworthgov.org/council iew.asp.
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