HomeMy WebLinkAboutContract 62026CSC No. 62026
WHEREAS, the Schedule for installation of the Work is pending further discussion with City and its
contractor which may necessitate an amendment to this agreement; and
WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be
fabricated, delivered, and installed, which maintain the integrity of Artist's ideas and statements as represented
by the Work;
NOW, THEREFORE, City and Artist, for and in consideration of the covenants and agreements
hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following terms shall have the meanings as set forth below:
1.1.
1.2.
Article 1.15.a.).
1.3.
Agreement — Means and includes this Agreement between the City of Fort Worth and Artist.
Artist — Means and includes Leticia R. Bajuyo, who is addressing "Site A" as defned in
Artwork Design — Means the final, City-approved design of the Work created in connection
with Fort Worth City Secretary Contract No. 57736, and includes, but is not limited to, all final City-approved
maquettes, drawings, sketches, prototypes, models, and the like that were created by Artist. The design and
description are attached hereto as Exhibit "A" and incorporated herein for all purposes.
1.4. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County,
Inc., d/b/a Arts Fort Worth.
1.5. Curatorial Consultant — Means and includes Iris Bechtol.
1.6.
1.7.
1.8.
City — Means and includes the City of Fort Worth, Texas.
Effective Date — Means and includes the date this Agreement is executed by the City.
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.
1.9. Other Project Artist — Means and includes Alicia Eggert Studio, Inc., who is addressing "Site
B" as defined in Article 1.15.b.)
1.10.
1.11.
Parties — Means and includes City and Artist.
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.
1.12. 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.
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1.13. Project Stakeholders — Means and includes the appropriate City Council Member(s), the
Project Core Team, the Artist Selection Panel, the FWAC's appointed representative, City staff, and others as
may be appropriate.
1.14. Schedule — Means and includes a written plan of procedure for completion of fabrication,
delivery, and installation of the Work in coordination with the City and its construction contractor, including,
but not limited to, the submission of progress reports.
1.15. Site — Means and includes the roundabouts located along Marine Creek Parkway at the
intersections of Cromwell-Marine Creek Road and Longhorn Road (76179), attached hereto as Exhibit `B."
1.15.a. Site A— Means and includes the roundabout at the intersection of Marine Creek
Parkway and Cromwell-Marine Creek Road.
1.15.b. Site B— Means and includes the roundabout at the intersection of Marine Creek
Parkway and Longhorn Road.
116. Work— Means and includes the finished object(s) of art and design that are the subject of this
Agreement, or any intermediary stage of completion of such works, which specifically includes the Artwork
Design for Site A.
ARTICLE 2
SCOPE OF SERVICES AND DELIVERABLES
2.1. Artist Selection.
City and Artist acknowledge that Artist's Final Design, was reviewed and approved by the FWAC on April
15, 2024, and is the basis for executing this Agreement with Artist.
2.2. Scope of Services.
a. Artist shall coordinate fabrication, delivery, and installation for overall Project with the Curatorial
Consultant and Other Project Artist.
b. Artist shall perform all services and shall furnish all supplies, materials, and equipment as necessary
for fabricating, delivering, and installing the Work. 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 acceptance by City as set forth in this Agreement. The location at Site A
where the Work shall be installed shall be mutually agreed upon by City and Artist.
d. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with
Curatorial Consultant, Other Project Artist, and appropriate City staff for purposes of risk assessment,
safety review, siting of the Work, and permitting.
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e. Artist shall coordinate with Curatorial Consultant, as well as City staff, its contractors, and others, as
necessary, to ensure proper installation and integration of the Work into Site, as applicable, including,
but not limited to, artwork location and installation equipment brought onto the Site.
f. 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.
g. Artist shall install the Work on dates and times mutually agreed upon by Artist and City.
h. Artist shall allow video recording and photography of their participation during activities related to
this project such as presentations and meetings.
i. If Artist intends to seek her own publicity for the Work, including publication of the artwork design
on Artist's website, social media, or press/media release(s), all such publicity must be approved, in
advance, by Contract Manager, and shall credit the City of Fort Worth in substantially 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."
23. Citv 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.
a. Artist shall furnish the Schedule to the Contract Manager within fifteen business days after the
Effective Date. After written approval of the Schedule by City, Artist shall fabricate, deliver, and install
the Work in accordance with such Schedule. Artist acknowledges installation timing is pending further
discussion with City and its construction contractor. Schedule changes may be accomplished by
written agreement between Artist and City. A copy of the Schedule shall also be provided to the
Curatorial Consultant.
b. Artist shall submit fabrication reports to Contract Manager and shall also be provided to the Curatorial
Consultant.
c. City 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 calendar days after receipt of the written request.
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d. Artist shall complete the fabrication of the Work in accordance with the approved Artwork Design.
However, if necessary, after discussions with Curatorial Consultant, Artist shall present to the Contract
Manager, in writing, for further review and approval, any changes in the scope, design, color, size,
material, or texture of the Work. The Contract Manager, in its 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 a significant change requires City approval. If the Contract Manager determines that the
significant change requires City approval, then the change(s) may be presented to the FWAC for
review and approval at an FWAC scheduled meeting. If any disputes arise thereafter, the Parties shall
first attempt to resolve those disputes in accordance with the dispute resolution process set forth in
Article 12 of this Agreement.
2.5. Delivery and Installation.
a. Artist shall notify City, through its Contract Manager and Curatorial Consultant, in writing when
fabrication of the Work is completed and is ready for its delivery and installation at the Site
b. Artist shall be responsible for obtaining and paying for all necessary permits and any required traffic
barriers appropriate for this Project.
c. Artist is responsible for installing all elements of the Work. Artist shall coordinate the installation of
the Work with City and Contract Manager and Curatorial Consultant. Delivery and installation
activities may not commence until written permission is delivered to Artist by the City.
d. Artist shall be responsible for all costs associated with the materials, fabrication, and installation of
the Work, including, but not limited to, equipment rentals, transportation, and labor.
e. 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 Site, including but not
limited to interior finishes, painted structures, pathways, and landscaping, 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 days from receipt of City's written notice to repair the damage to the Site to
the satisfaction of City. If Artist fails to repair the damages to the satisfaction of City within thirty 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.
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f. 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 "C" (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 days after the installation of the Work, Artist shall furnish Contract Manager with a set
of at least fifteen high-resolution digital images (.tiff format) and fifteen low-resolution digital images
(.jpeg format) showing each element of the Work, including detail shots, with at least ten of these
images showing the Work installed to document the Work after the Work is installed. Images should
include daytime and nighttime views.
b. Artist shall make their best effort to be available at such time(s) as may be set by the City to attend
any dedication or presentation ceremonies relating to the transfer of the Work to City. City shall use
its best efforts to arrange for publicity for the completed Work in such art publications and otherwise
as may be determined between City and Artist as soon as practicable following installation.
2.7. Final Acceptance.
a. Artist shall notify 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 E�ibit "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.
a Final Acceptance shall be effective as of the earlier to occur o£ (1) the date of City's notification of
Final Acceptance; or (2) the 35th day after Artist has sent the written notice to City required under this
Section 2.7, unless City, upon receipt of such notice and prior to the expiration of the 35-day period,
gives Artist written notice specifying and describing anything that has not been completed pursuant to
this Agreement.
2.8. Risk of Loss.
The risk of loss or damage to the Work shall be borne by Artist prior to completed artwork installation, and
Artist shall take such measures as are necessary to protect the Work from loss or damage until this time,
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 completed artwork installation during such periods of time as the partially or
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wholly completed Work is in the custody, control, or supervision 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
31. Compensation.
Total compensation to Artist under the Agreement shall be in an amount not to eXceed TWO HUNDRED
FOUR THOUSAND, THREE HUNDRED NINETY DOLLARS AND ZERO CENTS ($204,390.00),
which shall constitute full compensation for all services to be performed and materials to be furnished by Artist
under this Agreement, including, but not limited to, fabrication, transportation, installation, remaining Artist's
fee of $14,260.00, insurance, incidental costs, a City-held contingency of $11,938.00, 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. Pavment 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 thereo£
a. FIFTY THOUSAND, NINE HUNDRED SEVENTY-FIVE DOLLARS AND ZERO CENTS
($50,975.00) upon execution of this Agreement to enable Artist to complete shop drawings and
purchase materials for fabrication.
b. TWENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($25,000.00) upon Contract
Manager's verification that materials have been purchased.
c. TWENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($25,000.00) upon Contract
Manager's verification of 50% fabrication.
d. TWENTY THOUSAND DOLLARS AND ZERO CENTS ($20,000.00) upon Contract Manager's
verification that the Work is 100% fabricated and ready to install.
e. THIRTY THOUSAND DOLLARS AND ZERO CENTS ($30,000.00) upon Contract Manager's
verification that demolition and subsequent foundation work has been scheduled and subcontractor's
certificate of insurance has been submitted.
f. FIFTEEN THOUSAND DOLLARS AND ZERO CENTS ($15,000.00) upon Contract Manager's
verification that foundation work is complete.
g. TWELVE THOUSAND, TWO HUNDRED SEVENTEEN DOLLARS AND ZERO CENTS
($12,217.00) upon Contract Manager's verification that the Work is installed.
h. FOURTEEN THOUSAND, TWO HiJNDRED SIXTY DOLLARS AND ZERO CENTS
($14,260.00) within thirty-five days after Final Acceptance and receipt by City of such documentation
as it may require concerning payment of services and supplies rendered to Artist (see Article 2);
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provided, however, that final delivery shall not be tendered prior to the expiration of thirty days after
Final Acceptance.
A City-held contingency of up to ELEVEN THOUSAND, NINE HUNDRED THIRTY-EIGHT
DOLLARS AND ZERO CENTS ($11,938.00) for costs associated with the Work that are incurred
by the Artist due to unforeseen changes such as materials, fabrication, installation costs, and/or the
addition of professional photography if sufficient contingency funds are available and approved by
Contract Manager, in advance. Such payment will be made upon (i) receipt of supporting
documentation by the Contract Manager from the Artist, and (ii) approval by the Contract Manager of
the additional costs. Any unused contingency funds shall remain with the City.
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.
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, costs of all travel, and costs for Artist's agents, consultants, and/or employees
necessary for the proper performance of the services required under this Agreement.
ARTICLE 4
TERM AND TIME OF PERFORMANCE
41. Term.
This Agreement shall be in effect from the Effective Date and, unless terminated earlier pursuant to such
provisions in this Agreement, shall extend until final payment to Artist by City.
4.2. Duration.
The services to be required of Artist set forth in Article 2 shall be completed in accordance with the Schedule;
provided, however, that such time limits may be extended or otherwise modified by written agreement between
Artist and City.
43. Earlv Completion of Artist Services.
Artist shall bear any transportation and storage charges incurred from the completion of his or her services
prior to the time provided in the schedule for delivery.
4.4. Time Extensions; Force Majeure.
City 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,
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ordinance, or regulation; acts of God; acts of the public enemy; �res; 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 State; civil disturbances; other
national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the
reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The
performance of any such obligation is suspended during the period of, and only to the extent of, such prevention
or hindrance, provided the affected Party provides notice of the Force Majeure Event and an explanation as to
how it prevents or hinders the Party's performance as soon as reasonably possible after the occurrence of the
Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion.
The notice required by this section must be addressed and delivered in accordance with this Agreement.
ARTICLE 5
WARRANTIE S
5.1. Warranties of Title and Co�,vri�
a. Artist represents and warrants that:
i. 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 other rights of any person or entity;
iii. Artwork Design and Work (or duplicate thereo� have not been offered or accepted for sale
elsewhere;
iv. Artist has not offered, sold, assigned, transferred, licensed, granted, encumbered, or utilized
the Artwork Designs 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 power to enter into and perform this Agreement and to make the grant of
rights contained in this Agreement; and
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.
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5.2. Warranties of Quality and Condition.
a. Artist represents and warrants that all work will be performed in accordance with professional,
"workmanlike" standards and free from defective or inferior materials and workmanship (including
any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the
Work) for at least 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
harmful to public health and safety.
c. If within one year after Final Acceptance City observes any breach of warranty described in this Article
5.2 that is curable by Artist, City shall give written notice to Artist of such breach with reasonable
promptness. Artist shall, at the request of City, cure the breach satisfactorily and consistent with
professional conservation standards (in accordance with the American Institute of Conservation Code
of Ethics and Guidelines for Practice) and/or construction standards, including, but not limited to, any
standards set forth by City, within thirty days after receipt of the written notice, at no expense to City.
d. If within one year after Final Acceptance City observes any breach of warranty described in this Article
5.2 that is not curable by Artist, Artist is responsible for reimbursing City for damages, expenses, and
losses incurred by City as a result of the breach. However, if Artist disclosed the risk of this breach in
the proposal and City accepted that risk, it shall not be deemed a breach for purposes of this Article
5.2.
e. If after one year from Final Acceptance and during Artist's lifetime 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. Artist shall notify City, in writing,
within thirty days after receipt of the notice as to whether Artist will make or supervise the repairs or
restorations. Should Artist fail to respond within the thirty-day 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:
i. General routine cleaning and repair of the Work and any associated working parts and/or
equipment will maintain the Work within an acceptable standard of public display;
ii. Foreseeable exposure to the elements and general wear and tear will cause the Work to
experience only minor repairable damages and will not cause the Work to fall below an
acceptable standard of public display; and
iii. With general routine cleaning and repair, and within the context of foreseeable exposure to
the elements and general wear and tear, the Work will not experience irreparable conditions
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that do not fall within an acceptable standard of public display, including, but not limited to,
mold, rust, fracturing, staining, chipping, tearing, abrading, and/or peeling.
g. 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.
h. The foregoing warranties are conditional and may be voided by the failure of City to maintain the
Work in accordance with 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 Artist's creation and request that all credits be removed from the
Work and reproductions thereof until the Work's condition is satisfactorily repaired.
ARTICLE 6
INSURANCE AND INDEMNITY
6.1. General.
Artist shall carry insurance as set out in Exhibit "F," 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 will be conducted on City 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, the risk of damage to or loss of the Work shall, during fabrication
and installation but prior to Final Acceptance, be solely that of Artist. This risk shall transfer to City and shall
no longer be the responsibility of Artist upon Final Acceptance.
6.2. Performance Bonds.
Artist shall not be required by City to post any performance bonds or similar undertakings.
63. GeneralIndemnitv.
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, ATTORNEYS'
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 INJORY (INCLUDING, BUT NOT LIMITED TO, DEATI�
TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES
IS SOUGHT, OF WHATSOEVER K1ND OR CHARACTER, WHETHER REAL OR
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ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR
OMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND SUBCONTRACTORS AND
THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS,
PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS
AGREEMENT.
b. Artist agrees to and shall release City from any and all liability for injury, death, damage, or loss to
persons or property sustained or caused by Artist in connection with or incidental to performance under
this Agreement.
c. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in
favor of City in substantially the same form as above.
6.4. Intellectual Propert�
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,
ATTORNEYS' 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.
ARTICLE 7
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
71. Title.
Title to the Work, including, but not limited to, all documents, models, and drawings that constitute or are
components of the Artwork Design and/or Work, shall pass to City upon Final Acceptance and payment for
the Work. These documents, models, and 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 provided below.
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7.2. Co���right Ownershi�
Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of
the Work for the duration of the copyright.
73. Reproduction Ri h�ts.
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 and 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 Designs or the Work intended to promote or beneft 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 in substantially the
following form: "0 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.
£ City is not responsible for any third-party infringement of Artist's copyright and not responsible for
protecting the intellectual property rights of Artist or of anyone else.
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ARTICLE 8
ARTIST'S RIGHTS
81. Identi�cation.
Contract Manager shall include credit to Artist on the Fort Worth Public Art website (www.fwpublicart.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 on a regular basis is essential to the integrity of the Work.
City shall reasonably assure that the Work is properly maintained and protected, taking into account the
maintenance instructions provided by Artist in accordance with Section 2.5 and Exhibit "C."
83. Repairs and Restoration.
a. City shall have the right to determine when and if repairs and restorations to the Work will be made.
b. All repairs and restorations shall be made in accordance with recognized conservation standards (in
accordance with the American Institute of Conservation Code of Ethics and Guidelines for Practice)
and/or construction standards, including, but not limited to, any standards set forth by City.
c. When emergency repairs are necessary to prevent the loss of or further damage to the Work or to
prevent risks to the public, such repairs shall be undertaken or arranged by City as appropriate, and
such repairs shall not be deemed to constitute artistic alteration.
8.4. Alteration of the Work or of the Site.
a. City agrees that it will not willfully destroy, damage, or modify the Work, except as provided in
Article 8.4(b) and 8.4(c) below.
b. In the event that the City determines the Site will be altered, sold, or no longer used by City and the
Work is integrated into a building, structure, or realty, City shall have the right to remove the Work
by any means, including destruction. City may give Artist written notice of its intent to take such action
under this Article 8.4.
c. In the event that the City determines the Site will be altered, sold, or no longer used by City and the
Work is freestanding or incorporated into a building, structure, or realty such that it may be removed
without damaging or destroying the Work or the building or structure, City at its sole discretion may
relocate, sell, or store the Work. If City chooses not to relocate, sell, or store the Work, Artist may be
given written notice and no more than ninety days to remove the Work at his or her sole expense.
Upon Artist's failure to remove the Work, City shall have the right to remove and dispose of the Work
by any means, including its destruction.
d. In the event the Work is substantially damaged or altered, City shall no longer represent the Work 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 Article 8.4.
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e. City shall at all times have the right to move the Work 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 from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce
these provisions of Article 8 that require the express approval of Artist. Notwithstanding this provision, City
shall make reasonable efforts to locate Artist when matters arise relating to Artist's rights.
8.7. Additional Ri�hts and Remedies.
Nothing contained in this Article 8 shall be construed as a limitation on such other rights and remedies available
to Artist under the law, which may now or in the future be applicable.
ARTICLE 9
ARTIST AS AN 1NDEPENDENT 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 the doctrine of respondeat superior has no application as between City and Artist.
ARTICLE 10
SUBCONTRACTING
Artist may subcontract portions of the services to be provided hereunder at Artist's expense, provided that said
subcontracting shall not adversely affect the design, appearance, or visual quality of the Work and shall be
carried out under the personal supervision of Artist. Any subcontract entered into under this Agreement shall
be expressly subject to the applicable terms ofthis Agreement, including, but not limited to, all indemnification
and release provisions. Artist shall provide information regarding all subcontractors, including its fabricator,
along with a copy of the subcontract between Artist and each subcontractor to the Contract Manager.
ARTICLE 11
TERMINATION
11.1. Gratuities.
City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise
were offered or given by Artist or any agent or representative to any City or Contract Manager official or
employee with a view toward securing favorable treatment with respect to the awarding, amending, or making
Agreement far Commission of Public Artwork with
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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 ll.l, 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 Incapacitv of Artist.
a. In the event of Artist's death or of 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 incapacity. All work product produced
by Artist, including, but not limited to, fnished 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 for Artist's intended results, and proper credit and
acknowledgement shall be given to Artist. This Article 11.2 shall survive the termination or expiration
of this Agreement.
113. Termination for Convenience.
a. The services to be performed under this Agreement may be terminated by either party, subject to
written notice submitted at least thirry calendar days before 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 the payment schedule in Section 3.2 of this
Agreement as determined in City's sole discretion, and Artist shall continue to provide the City with
services requested by City and in accordance with this Agreement up to the effective date of
termination. Upon payment in full of all monies due for services provided up to the effective date of
termination, City shall have the right, in its sole discretion, to possession and transfer of all work
product produced by Artist under this Agreement, including, but not limited to, finished and unfinished
drawings, sketches, photographs, models, 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 in accordance with
Section 3.2 of this Agreement or to require the Artist to remit to City a sum equal to all payments (if
any) made to the Artist pursuant to this Agreement prior to the effective date of termination, as
determined in City's sole discretion. If City chooses to pay Artist, then all work product produced by
Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches,
photographs, models, designs, and the Work up to the effective date of termination shall become
property of City.
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d. If termination is by mutual agreement of the Parties, then City shall pay Artist per the payment
schedule in Section 3.2 as determined in City's sole discretion up through the date of termination. City
shall have the right to possession and transfer of all work product produced by Artist under this
Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs,
models, and designs, up to the effective date of termination.
11.4. Termination for Cause.
a. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of
this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this
Agreement, then the Parties shall first attempt to resolve any disputes in accordance with the dispute
resolution process set forth in Article 12 of this Agreement. If the Parties cannot resolve the dispute(s),
then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery
of a written "Notice of Termination" specifying the grounds for termination. Termination of this
Agreement under this Article ll.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 ll.4, then City shall have the right to
complete the Work in accordance with the Artwork Design, which shall be in addition to 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, notwithstanding anything to the contrary:
(1) title to the Artwork Design, Work, and all other work product under this Agreement and
any prior agreement for the Work, including, but not limited to, all documents, models, and
drawings that constitute or are components of the Artwork Design and Work, shall pass to
City and become the property of City, without restriction on future use, immediately upon the
City's exercise of its right to complete the Work;
(2) Artist shall forfeit any and all rights to the Artwork Design, Work, and all other work
product under this Agreement and/or any prior agreement for the Work, including, but not
limited to, those stated under Articles 7(Ownership and Intellectual Property) and 8(Artist's
Rights) of this Agreement;
(3) Artist automatically sells, assigns, and transfers to City the entire right, title, and interest
in and to the Artwork Design, Work, and all other work product under this Agreement or any
prior agreement for the Work that the Artist has under the Copyright Act of 1976, 17 U.S.C.
Section 101 et seq., and all the rights and privileges appertaining thereto, including, without
limitation, the exclusive right to reproduce, prepare derivative works based upon, distribute
copies to the public, as well as display said Artwork Design and Work, the same to be held
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and employed 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, or
any other work product under this Agreement and any prior agreement for the Work; and
(5) Artist, pursuant to this Article 11.4, hereby acknowledges the rights of attribution and
integrity 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 foreign 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 all other work
product under this Agreement and/or any prior agreement as a public artwork. Nothing in this
Article ll.4 shall affect the survival of the Articles outlined in Article 14.16 of this Agreement,
which shall remain in full force and effect following termination of this Agreement.
ARTICLE 12
DISPUTE RESOLUTION
a. If either Artist or City has a claim, dispute, or other matter in question for breach of duty, obligations,
services rendered, or any warranty that arises under this Agreement, the Parties shall first attempt to
resolve these issues through this dispute resolution process. The disputing party shall notify the other
party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall
state the nature of the dispute and list the party's specific reasons for such dispute. Within ten business
days of receipt of the notice, both parties shall make a good faith effort, whether through email, mail,
phone conference, in-person meetings, or other reasonable means, to resolve any claim, dispute, breach,
or other matter in question that may arise out of or in connection with this Agreement.
b. If the Parties fail to resolve the dispute within sixty calendar days of the date of receipt of the notice of the
dispute, then the Parties shall submit the matter to mediation in accordance with Chapter 154 of the Texas
Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code, then in effect.
Request for mediation shall be in writing and shall request that the mediation commence not less than
fifteen or more than forty-five calendar days following the date of request, except upon Agreement of the
Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of a
mutually agreed mediator within thirty 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. 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
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dispute through mediation, then either party shall ha�e the right to exercise any and all remedies available
under law regarding the dispute. (See Article 11.4)
ARTICLE 13
EQUAL OPPORTUNITY
a. Artist shall not 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, pay or other forms of compensation, and selection for training, including, but not
limited to, apprenticeship. Artist agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the City setting forth the provisions of this
nondiscrimination clause.
b. Artist shall in all solicitation or advertisements for employment placed by 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 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 Ag_,reement.
This writing embodies the entire agreement and understanding between the Parties heretq and there are no
other agreements or understandings, oral or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby.
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143. 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 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. Governin� 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.
14.6. Successors and Assi�
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.
14.7. No Third-Partv Bene�ciaries.
The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful
successors or assigns, and are not intended to create any rights, contractual or otherwise, to any other person
or entity.
14.8. Severabilitv.
If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality,
and enforceability of the remaining provisions shall not in any way be affected or impaired.
14.9. Contract Construction.
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this
Agreement and that the normal rule of contract construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or
exhibits hereto.
14.10. Fiscal Fundin_� 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 earlier of: (i) thirty days following delivery by City to Artist of written notice of City's
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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. Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part
of this Agreement.
14.12. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
14.13. Survivin� Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of
Artist.
14.14. Ri�ht to Audit.
Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the
performance of this Agreement (collectively "Records") at any time during the Term of this Agreement and
for three years thereafter in order to determine compliance with this Agreement. Throughout the Term of this
Agreement and for three years thereafter, Artist shall make all Records available to City at 100 Fort Worth
Trail, Fort Worth, TeXas, 76102, or at another location in City acceptable to both parties following reasonable
advance notice by City, and shall otherwise cooperate fully with City during any audit. 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 above.
1415. Business Equi , Goal.
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.
14.16. Survival Provision.
The provisions contained in Articles 5(Warranties), 6(Indemnity Provisions), 7(Ownership and Intellectual
Property Rights), 9(Artist as Independent Contractor), ll.2 (Death or Incapacity of Artist), and 14.14 Right
to Audit shall survive the termination or expiration of this Agreement.
14.17. Counterparts and Electronic Si�natures.
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
shall be as legally binding for all purposes as an original signature.
14.18. Time Extensions.
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement.
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1419. Israel.
If Artist is a company with ten or more full-time employees and this Agreement is for $100,000 or more, Artist
acknowledges that in accordance with Chapter 2271 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 Chapter 2271 of the Texas Government Code. If Chapter 2271 of the Texas Government Code is
applicable under this Agreement, by signing this Agreement Artist certifies that Artist's signature provicles
written verification to the City that Artist: (I) does not boycott Israel; and (2) will not boycott Israel during
the term of the Agreement.
14.20. Energ,y Companies.
If Artist is a company with ten or more full-time employees and this Agreement is for $100,000 or more, Artist
acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited
from entering into a contract for goods or services 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 meanings ascribed to
those terms in Chapter 2276 of the Texas Government Code. To the eXtent that Chapter 2276 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.
14.21. Firearms and Ammunitions Industries.
If Artist is a company with ten or more full-time employees and this Agreement is for $100,000 or more, Artist
acknowledges that in accordance with Chapter 2274 of the Texas Government Code, the City is prohibited
from entering into a contract for goods or services unless the contract contains a written verification from the
company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or frearm 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 meanings ascribed to those terms by Chapter 2274 of the Texas Government Code. 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 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.
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ARTICLE 15
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:
CITY OF FORT WORTH: Jesica McEachern, Assistant City Manager
City Manager's Office
City of Fort Worth
100 Fort Worth Trail (formerly Energy
Way) Fort Worth, Texas 76102
Copies to: Leann Guzman, City Attorney
Office of the City Attorney
City of Fort Worth
100 Fort Worth Trail (formerly Energy
Way) Fort Worth, Texas 76102
Martha Peters, Director of Public Art
Arts Fort Worth
1300 Gendy Street
Fort Worth, Texas 76107
2. ARTIST Leticia R. Bajuyo
1210 Cruce Street
Norman, Oklahoma 73069
[Remainder of page intentionally left blank.]
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IN WITNESS HEREOF, the Parties hereto have executed this Agreement to be effective as
of the Effective Date.
CITY OF FORT WORTH
by:�
Jesica McEachern
Assistant City Manager
Date: Sep 20, 2024
ARTIST
Leticia R. Bajuyo
Date: August29,2024 ----------------
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.
��-���
Name: Michelle Richardson
Title: Public Art Project Manager
APPROVED AS TO FORM
AND LEGALITY:
Trey Qu;;;(Sep 9, 202410:51 CDT)
Trey Qualls
Assistant City Attorney
ATTESTED BY:
Jannette S. Goodall
City Secretary
Contract Authorization:
Form 1295: 2024-1154032
M&C: 24-0531
DATE: 6/25/2024
Agreement for Commission of Public Artwork with Leticia R. Bajuyo for Marine Creek Parkway
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Exhibit A: Artwork Design
Narrative Description
This sculptural installation titled One Way highlights the cyclical nature of the roundabout, of the
annual growing seasons, of an academic year, and of a daily commute. This installation of twenty-
four colorful metal doilies incorporates the words and arrows of the "ONE WAY" signs directing
traffic around the Marine Creek roundabouts. These doilies are inspired by vortexes, star-wheel
rake tractors, hay bales, and dandelions that have gone to seed. Lifted into the air at varying
heights, like candles on a birthday cake, they rise vertically from the top surface of the roundabout.
From two directions, this sequence of doilies creates an infinity sign. When driving around or
entering the roundabout from either east or west, the doilies vanish and become lines and rows
like rows of crops in a field. This brings a driver back to the next infinity sign as the roundabout
guides one counterclockwise to their next destination.
To emphasize the cyclical movement, the gradation of color is reminiscent of the change of color
in nature both in plants and in the sky as the earth turns in its own roundabout. The colors
peacefully shift from shades of blue skies to green grass. This smooth shift from light to dark is
reminiscent of a day going from sunrise to sunset to nighttime and back to sunrise. This color
change guides drivers around the roundabout.
Artwork Design Images
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Final Design Rendering (Northbound View)
20 ft., 3 in. (h) x 35 ft. (w) x 35 ft. (d)
Painted steel
Agreement for Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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Final Design Rendering (Eastbound View)
20 ft., 3 in. (h) x 35 ft. (w) x 35 ft. (d)
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Final Design Rendering (Southbound View)
20 ft., 3 in. (h) x 35 ft. (w) x 35 ft. (d)
Painted steel
Agreement far Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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26 of 36
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A
DETAIL B
$CALEI:A 1DGA'
ASTM i
HEIGHT"X" QTY
8ff 1
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9Sfl 4
llft 4
12Sft 4
14ft 4
15.Sff 4
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NOTE: FlELD ME/�SURE FIN/�L ELEVAiIONS Ai f �%
EACH SCULPTURE LOCATION AFTER SLAB IS ( Ea� _
POURED i0 �DJUST DOILY HEIGHT. ONLY q q, :�,,,
ADJUST HEIGHT BY DECREASING LENGTH "X" y��
TO ACCOUNT FOR THE SLOPE - .
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"ONE WAY" - Art Sculpture Kuhn Design, LLC
STf7UCTUfiAL DESIGN
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OPOMWELLMAPINECREeKFD Eg�..cerng
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Detail of Laser Cut Steel "One Way" Doilies
Each 4 ft. in diameter, ranging in height from 12 ft. to 20 ft., 3 in.
Each of the 24 doilies are assigned a unique paint color
Agreement far Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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Exhibit B: Site
Roundabouts along Marine Creek Parkway at Cromwell-Marine Creek Road and Longhorn Road
:FiiSifz �ARN
RaceTrac
LA3CE CREST
ESTATES
rnaair�e
CREtN HILLS
Cr�T�weli-h:arine Creek RaaC
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E�..= .,Ps`".n l'.enter Ble�¢
Saginaw EhlcLei:�
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Overall Site for Project (North Star: Site A; South Star: Site B)
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Site A: Marine Creek Parkway Roundabout at Cromwell-Marine Creek Road
Agreement far Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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Exhibit C: Technical and Maintenance Record
GENERAL INFORMATION
Artist:
Address:
Telephone:
Cell:
E-mail:
Gallery Affiliation:
Other Representation:
ARTWORK
Title of Artwork:
Project Name and Location Address:
FWPA Project Manager:
Description of Artwork: (attach separately if necessary):
Artwork Dimensions:
Height: Width: Depth:
Pedestal or Pad Material:
Pedestal or Pad Dimensions:
Height: Width: Depth:
Location & Description of Signature Markings (or copyright):
Agreement for Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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Edition Information if applicable:
Date of Execution:
Place of Execution:
Collaborating Artist:
Fabricator (if other than artist)
Fabricator Address:
Methods/Materials Used in Execution of Artwork
Materials (list type, brand name and manufacturer of all materials; attach Material Safety &
Technical Data. Include contact names for all suppliers and attach warranty information):
Construction Description: (list all fabricators and any architects, engineers or other technicians
involved in the creation and installation of this artwork. Attach all warranties & agreements)
Material(s) Specifications:
Joining Methods:
Welding Rod Alloy or Joint Material & Application Method:
Agreement far Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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Casting Alloy, Wax Body, Glass or Fiber Type:
Finishes & Coatings (paint color and type, glaze, patina, any and all coatings including fixative,
UV, graffiti, etc. Please list vendors and contact information and provide all product information):
Pedestals, Foundations & Footings, Mounting and Attachment Applications
(List all materials used to install artwork on site. Include vendor information, parts numbers,
warranties and agreements.)
Integrated Components
(List all components included in design and fabrication contracts that function as a part of the final
installation including but not limited to: lighting, media, landscaping, etc. Include all vendor
information, parts numbers, warranties and agreements and any/all design schematics):
Installation
Installation Date:
Installation Method: (describe installation method, provide photo documentation if available. List
name and contact information of installation crew. Attach any diagrams or disassembly
instructions.)
Agreement far Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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Recommended Routine Maintenance
Artist recommendation 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 Circumstances of Note
Artist's Intention
(Please describe your view of how the artwork will change over time and in response to
environmental conditions. Artist's vision of how the artwork willlook in the future assists FWPA
in realizing an appropriate conservation action plan. In addition to environmental conditions public
artworks are often affected by public handling, landscaping and site changes. Please clearly detail
your expectations for this artwork. Please address issues related to the life expectancy of this
artwork.)
Agreement far Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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Exhibit D: Affidavit
AFFIDAVIT OF BILLS PAID
Date:
Affiant:
Purchaser:
Property:
Affiant on oath swears 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 Affiant for the construction of any and all improvements on the property.
Affiant is not indebted to any person, firm, or corporation by reason of any such construction. There
are no claims pending for personal injury and/or property damages.
Affiant:
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the
Day of , 20_.
Notary Public, State of Texas
Print Name
Commission Expires
Agreement far Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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Exhibit E: Sales Tax Exemption
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Agreement for Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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Exhibit F: Insurance Requirements
PUBLIC ART PROJECTS -1NSURANCE 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 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:
$1,000,000 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," which shall include all autos owned,
hired, and non-owned.
Workers' Compensation (for Artist(s) and/or subcontractor(s) who have employees):
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, including 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 far Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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Artist is responsible for providing the City at least thirty days' 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.
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 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 in advance.
City, at its sole discretion, reserves the right to revise these 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 or of the contracting party. City
shall be required to provide prior notice of at least ninety days before making such adjustments.
City shall be entitled, upon request and without eXpense, to receive copies of policies and endorsements thereto,
and to may make any reasonable requests for deletion or revision or modification of particular policy terms,
conditions, limitations, or exclusions, except where policy provisions are established by law or regulations
binding upon either party or by the underwriter on any such policies.
Agreement far Commission of Public Artwork with
Leticia R. Bajuyo for Marine Creek Parkway
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City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 06/25/24 M&C FILE NUMBER: M&C 24-0531
LOG NAME: 03MARINE CREEK PARKWAY PUBLIC ART PROJECT
SUBJECT
(CD 2 and CD 7) Authorize Execution of Artwork Commission Contract with Leticia R. Bajuyo in an Amount Up to $199,390.00 for Fabrication,
Delivery, Installation, and Contingencies for Artwork Located in the Roundabout at the Intersection of Marine Creek Parkway and Cromwell-Marine
Creek Road, Fort Worth, Texas 76179; and Authorize Execution of Artwork Commission Contract with Alicia Eggert Studio, Inc. in an Amount Up
to $300,101.00 for Fabrication, Delivery, Installation, and Contingencies for Artwork Located in the Roundabout at the Intersection of Marine Creek
Parkway and Longhorn Road, Fort Worth, Texas 76179
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Artwork Commission Contract with Leticia R. Bajuyo in an amount up to $199,390.00 for fabrication, delivery,
installation, and contingencies for artwork located in the roundabout at the intersection of Marine Creek Parkway and Cromwell-Marine
Creek Road, Fort Worth, Texas 76179 (Council District 7) of FWPA - Marine Creek Pkwy (City Project No. 101158); and
2. Authorize the execution of an Artwork Commission Contract with Alicia Eggert Studio, Inc. in an amount up to $300,101.00 for fabrication,
delivery, installation, and contingencies for artwork located in the roundabout at the intersection of Marine Creek Parkway and Longhorn
Road, Fort Worth, Texas 76179 (Council District 2) of FWPA - Marine Creek Pkwy (City Project No. 101158).
DISCUSSION:
The Marine Creek Parkway Public Art Project encompasses two roundabouts, in close proximity to one another, which will each feature an artwork
by a different artist. To achieve a cohesive result, the project was curated by Iris Bechtol, who selected Leticia Bajuyo's "One Way" and Alicia
Eggert's "A Very Long Now, " both of which address the concept of time. Bajuyo and Eggert liken the roundabouts to "clocks" that drivers move
around, "passing time" on their daily commute. While the sculptures will be stationary, their designs will create a rhythmic quality, like a ticking clock
that guides motorists as they traverse the parkway.
(CD 7) In Bajuyo's "One Way," twenty-four (24) steel doilies borrow the word "ONE WAY" and the arrows from the directional traffic signs along the
roundabout at Cromwell-Marine Creek Road. Each doily is reminiscent of vortexes, star-wheel rake tractors, hay bales, and dandelions, which are
all prevalent in Bajuyo's work and are also a nod to the history and landscape of the surrounding area. Painted in a gradation of blue to green, the
four-foot (4') diameter doilies are arranged to form an infinity symbol, commenting on the endlessness and cyclical nature of time. As the viewer
moves around the roundabout, they are directed by the undulating rhythm of the infinity sequence and the gradual change of colors which recall
color changes in plants and the sky. The artwork spans thirty-five feet (35') in diameter and ranges from twelve feet (12') to twenty feet, three inches
(20' 3") in height.
(CD 2) In the roundabout at Longhorn Road, the upward spiral in Eggert's A Very Long Now suggests the possibility of extending time. The
sculpture is constructed of sixty (60) aluminum laser cutouts of the word "NOW," alluding to the number of seconds in a minute and the number of
minutes in an hour, ultimately mimicking a clock. Driving around the roundabout, a viewer sees the "NOWs" appear and disappear, as a
reminder of the past, present, and future. Though the present is fleeting, the work asks how we might consider now while imagining what a now in
the future would look like. Each "NOW" is approximately two feet, four inches (2' 4") inches tall by seven feet, seven inches (7' 7") wide, together
creating an overall sculpture that is finrenty-eight feet, ten inches (28' 10") high by thirty-five feet, nine inches (35' 9") wide by twenty-five feet, finro
inches (25' 2") deep.
Each sculpture's placement in its respective roundabout and the rhythmic quality created by repetition of elements ensures a visually engaging
experience from all directions. Together, the sculptures and the relationship between them give form to the relative endlessness of time
while animating the roadway and prompting a more thoughtFul life.
Fort Worth Art Commission (FWAC) Action:
On April 15, 2024, the Fort Worth Art Commission approved the Final Design and recommended Leticia Bajuyo and Alicia Eggert be placed
under individual artwork commission contracts.
Funding for the Marine Creek Parkway Public Art Project was approved as part of the Public Art Plan for the 2008 Bond Program, adopted by the
Fort Worth City Council on November 6, 2018, in M&C G-19401. These funds were swapped from 2008 Bond Funds to General Capital Projects,
as authorized by City Council on June 27, 2023, in M&C 23-0521. The project was included in the Fort Worth Public Art Fiscal Year 2024 Annual
Work Plan, adopted by the Fort Worth City Council on October 17, 2023, in M&C 23-0844.
The artists shall require their subcontractors to pull all permits required for this project, however, the City shall waive any fees for these permits as
this project is funded by City funds.
Estimated regular maintenance for both artworks is anticipated to be $4,000.00.
PROJECT BUDGET AMOUNT CONTRACT
Public Art Project $44,265.00 CSC No. 54598
Management Allocation
Proposal Process $9,000.00 CSC Nos. 56046,
56047, 56048
Curatorial Consultation $22,707.00 CSC No. 57791
(Final Design)
Curatorial Consultation $9,507.00 CSC No. 57791
(Commission) (Amendment
Pending)
$47, 390.00
Final Design CSC Nos. 57736,
57856
Leticia R. Bajuyo $199,390.00 This M&C
(Commission and
Contingencies)
Alicia Eggert Studio, Inc. $300,101.00
(Commission and
Contingencies)
TOTAL $632,360.00
FUNDING SOURCES AMOUNT
2008 Bond (Street Improvements)
$121,292.00
General Capital Projects $511,068.00
TOTAL $632,360.00
Funding is budgeted in the General Capital Projects Fund for the purpose of funding the FWPA Marine Creek Parkway Project, as appropriated.
This project is located in COUNCIL DISTRICTS 2 and 7.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects
Fund for the FWPA - Marine Creek Pkwy Project. Prior to any expenditure being incurred, FWLab has the responsibility to validate the availability
of funds.
Submitted for City Manager's Office b� Mark McDaniel 6316
Originating Business Unit Head: Eric Fladager 8011
Christianne Simmons 6222
Additional Information Contact: Martha Peters 298-3025
Routing and Transmittal Slip
______Library- FWPA________
Department
DOCUMENT TITLE: MARINE CREEK PARKWAY ARTWORK COMMISSION (BAJUYO)
M&C__n/a_________ CPN______________ CSO #______________ DOC#______________
DOCUMENTS FOR CITY MANAGER’S SIGNTURE: All documents received from any and all City
Departments requesting City Manager’s signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review
and take the next steps.
NEEDS TO BE NOTARIZED:Yes x No
RUSH:Yes x No SAME DAY:Yes x No NEXT DAY:x Yes No
ROUTING TO CSO: x Yes No
Action Required:
d
our Information
X Signature/Routing and or Recording
File
Return to:Please call Michelle Richardson at 817-298-3040 .org)for
pick up when completed. Thank you.
DATE:
TO:
1. Trey Qualls
INITIALS DATE OUT
2. Jesica McEachern
3. Jannette S. Goodall
4.
5.
6.